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Legislation #: 100537 Introduction Date: 7/1/2010
Type: Ordinance Effective Date: 8/14/2010
Sponsor: None
Title: Vacating a portion of Santa Fe Street south of 9th Street, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1610-V)

Legislation History
DateMinutesDescription
6/29/2010 Filed by the Clerk's office
7/1/2010 Referred to Planning and Zoning Committee
7/28/2010 Do Pass
7/29/2010 Add to Consent Docket
8/5/2010 Passed

View Attachments
FileTypeSizeDescription
100537 Recorded Documents.pdf Recorded Info 627K Recorded Documents
100537 Related Documents.pdf Related Documents 1312K Related Documents
100537.pdf Authenticated 189K AUTHENTICATED
Adv. 072810 Vacation.pdf Advertise Notice 8K Advertise Notice
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100537 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100537
C001610V_STAFFRPT06_16_09.doc Staff Report 45K Staff Report
C001610V_FACTSHT.xls Fact Sheet 84K Fact Sheet

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ORDINANCE NO. 100537

 

Vacating a portion of Santa Fe Street south of 9th Street, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1610-V)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Council of Kansas City does hereby find and declare that on the 4th day of June, 2009, a petition was filed with the City Clerk of Kansas City by the Union Pacific Railroad Company for the vacation of that portion of Santa Fe Street described as follows: Commencing at the Northeast corner of Block 29, West Kansas Addition Number 1; thence South 01 degrees 58 minutes 34 seconds West along the East line of said Block 29, said line also being the west right of way line of Santa Fe Avenue, a distance of 56.85 feet to the North Right of Way line of the Union Pacific Railroad and the point of beginning; thence North 61 degrees 31 minutes 02 seconds East along the North Right of Way line of the Union Pacific Railroad, to a point on the east right of way line of said Santa Fe Avenue, said line also being the west line of Block 28, West Kansas Addition Number 1; thence South 01 degrees 58 minutes 34 seconds West along the west line of said Block 28, said line also being the east right of way line of Santa Fe Avenue to the southwest corner of Lot 4 of said Block 28, West Kansas Addition Number 1; thence South 69 degrees 41 minutes 20 seconds West to the west line of said Santa Fe Avenue, and said east line of Block 29; thence North 01 degrees 58 minutes 34 seconds East to the point of beginning, all in Section 6, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, giving the distinct description of the street to be vacated, and also the names of the persons and corporations owning or claiming to own the property fronting thereon, and that due notice of the pendency of said petition has been given in the newspaper doing the city printing, and that the consent of the persons and corporations owning or claiming to own three-fourths of the front feet of the property immediately adjoining said street has been obtained in writing, that said consent has been acknowledged as deeds are acknowledged, and was duly filed with the petition for such vacation in the City Clerk's Office.

 

Section 2. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

 

Section 3. That the Council finds that no private rights will be unreasonably injured or endangered by this vacation and that the public will suffer no unreasonable loss or inconvenience thereby.

 

Section 4. That the portion of Santa Fe Street described as follows: Commencing at the Northeast corner of Block 29, West Kansas Addition Number 1; thence South 01 degrees 58 minutes 34 seconds West along the East line of said Block 29, said line also being the west right of way line of Santa Fe Avenue, a distance of 56.85 feet to the North Right of Way line of the Union Pacific Railroad and the point of beginning; thence North 61 degrees 31 minutes 02 seconds East along the North Right of Way line of the Union Pacific Railroad, to a point on the east right of way line of said Santa Fe Avenue, said line also being the west line of Block 28, West Kansas Addition Number 1; thence South 01 degrees 58 minutes 34 seconds West along the west line of said Block 28, said line also being the east right of way line of Santa Fe Avenue to the southwest corner of Lot 4 of said Block 28, West Kansas Addition Number 1; thence South 69 degrees 41 minutes 20 seconds West to the west line of said Santa Fe Avenue, and said east line of Block 29; thence North 01 degrees 58 minutes 34 seconds East to the point of beginning, all in Section 6, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same is hereby vacated. However, the City of Kansas City reserves an easement and the right to locate, construct and maintain conduits, water, gas and sewer pipes, poles and wire solely for public purposes (or to authorize any franchised utility not currently located in the above-described property to locate, construct and maintain conduits, poles and wires related to such public purposes) over, under, along and across the above-described property. This easement will also allow any existing facilities to remain and be maintained or replaced by the responsible franchised utility. The City of Kansas City shall have at all times the right to go upon the above-described property to construct, maintain and repair the same and nothing in this vacation action shall be construed so as to grant any right to use the above-described property in any manner as would interfere with the construction or reconstruction and proper, safe and continuous maintenance of the aforesaid uses, and specifically, there shall not be built thereon or thereover any structure (except driveways, paved areas, grass, shrubs and fences) without first securing the written approval of the Director of Public Works, consent to which shall not be unreasonably withheld, conditioned or delayed; provided, however, the franchised utility's exercise of rights pursuant to this reservation shall be subject to the prior written approval of the Director of Public Works, which approval shall be subject to advance written notice to and input from the Union Pacific Railroad Company and the Kansas City Terminal Railway Company or their successors and assigns.

 


Section 5. That the City Clerk of Kansas City, Missouri, be and she is hereby authorized and directed to acknowledge this ordinance as deeds are acknowledged, and to cause this ordinance and the consent of property owners hereinbefore referred to, to be filed for record in the Recorder's Office in Jackson County, Missouri.

 

Section 6. All Ordinances or parts of Ordinances in conflict with this Ordinance are, in so much as they conflict with this Ordinance, hereby repealed.

 

_____________________________________________

 

Approved as to form and legality:

 

 

____________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

 

Approved by the City Plan Commission

 

 

____________________________________

Virginia Walsh, Secretary

 

STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _____ day of ___________________, 200__, before me, a Notary Public in and for said County, personally appeared ____________________________________ to me known to be the City Clerk of Kansas City, Missouri, in the above and foregoing ordinance mentioned, and acknowledged the said ordinance to be the act and deed of said Kansas City, duly passed by the Council of said City, and became effective as herein stated.

 

In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in Kansas City, Missouri, the day and year first above written.

 

My term expires _________________________, 200___.

 

____________________________________

Notary Public within and for

County, Missouri

 


IN RECORDER'S OFFICE

 

STATE OF MISSOURI )

) ss.

COUNTY OF _________ )

 

I, the undersigned, Recorder of Deeds within and for the County aforesaid, do hereby certify that the foregoing instrument of writing was on the ______ day of _____________________, A.D. 200___, at ________ o'clock _______ minutes M., duly filed for record in this office, and with certificate of acknowledgment thereon endorsed, is recorded in the records of this office in Book _______________________, at page ___________.

 

In Testimony Whereof, I hereunto set my hand and affix the seal of said office at Kansas City, Missouri, this day and year last aforesaid.

 

____________________________________

Recorder

 

By_________________________________

Deputy