ORDINANCE NO. 160637
Vacating a portion of E. 24th
Street right of way between Holmes Street and Locust Street; and directing the
City Clerk to record certain documents. (1684-V)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That the
Council of Kansas City does hereby find and declare that on the 5th day of August,
2016, a petition was filed with the City Clerk of Kansas City by Children’s
Mercy Hospital for the vacation of a portion of right of way west of Holmes Street,
the location of the portion being the following: that part of the Southeast 1/4
of Section 8, Township 49 North, Range 33 West, in the City of Kansas City,
Jackson County, Missouri, being more particularly described as follows:
beginning at the southwest corner of Lot 2, Hospital Hill Center, a subdivision
in said city, county and state, said point also being on the north right of way
line of 24th Street, as established by Ordinance No. 6388; thence North 87
degrees 12 minutes 10 seconds West, along said north right of way line, a
distance of 13.67 feet, to a point on said north right of way line as
established by the plat of Children’s Mercy Hospital, a subdivision in said
city, county and state; thence North 2 degrees 47 minutes 50 seconds East, this
and the following courses being along said north right of way line as
established by said plat of Children’s Mercy Hospital, a distance of 14.00
feet; thence North 87 degrees 12 minutes 10 seconds West, a distance of 38.00
feet; thence South 2 degrees 47 minutes 50 seconds West, a distance of 14.00
feet, to a point on said north right of way line as established by said
Ordinance No. 6388; thence North 87 degrees 12 minutes 10 seconds West, along
said north right of way line as established by said Ordinance No. 6388, a
distance of 20.00 feet, to a point on the east line of vacated 24th Street,
said street being vacated by Ordinance No. 940288, recorded as Document No. K-1156648
in Book 2600 at Page 2116; thence South 2 degrees 47 minutes 50 seconds West,
along said east line, a distance of 50.00 feet, to a point on the south right
of way line of 24th Street as established by said Ordinance No. 6388; thence South
87 degrees 12 minutes 10 seconds East, along said south right of way line, a
distance of 71.37 feet, to a point on the southerly prolongation of the west
line of said Lot 2; thence North 3 degrees 08 minutes 48 seconds East, along
said southerly prolongation, a distance of 50.00 feet, to the point of
beginning. The above description contains 4,108 square feet or 0.094 acres,
more or less, and all utility easements over, under, across and along said
right of way, all in Section 8, Township 49 North, Range 33 West, Kansas City,
Jackson County, Missouri, giving the distinct description of the right-of-way to
be vacated, and also the names of the persons and corporations owning or
claiming to own the property fronting thereon, 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 right-of-way 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 a
portion of right of way west of Holmes Street, the location of the portion
being the following: that part of the Southeast 1/4 of Section 8, Township 49
North, Range 33 West, in the City of Kansas City, Jackson County, Missouri,
being more particularly described as follows: beginning at the southwest corner
of Lot 2, Hospital Hill Center, a subdivision in said city, county and state,
said point also being on the north right of way line of 24th Street, as
established by Ordinance No. 6388; thence North 87 degrees 12 minutes 10
seconds West, along said north right of way line, a distance of 13.67 feet, to
a point on said north right of way line as established by the plat of
Children’s Mercy Hospital, a subdivision in said city, county and state; thence
North 2 degrees 47 minutes 50 seconds East, this and the following courses
being along said north right of way line as established by said plat of
Children’s Mercy Hospital, a distance of 14.00 feet; thence North 87 degrees 12
minutes 10 seconds West, a distance of 38.00 feet; thence South 2 degrees 47
minutes 50 seconds West, a distance of 14.00 feet, to a point on said north
right of way line as established by said Ordinance No. 6388; thence North 87
degrees 12 minutes 10 seconds West, along said north right of way line as
established by said Ordinance No. 6388, a distance of 20.00 feet, to a point on
the east line of vacated 24th Street, said street being vacated by Ordinance
No. 940288, recorded as Document No. K-1156648 in Book 2600 at Page 2116;
thence South 2 degrees 47 minutes 50 seconds West, along said east line, a
distance of 50.00 feet, to a point on the south right of way line of 24th
Street as established by said Ordinance No. 6388; thence South 87 degrees 12
minutes 10 seconds East, along said south right of way line, a distance of 71.37
feet, to a point on the southerly prolongation of the west line of said Lot 2;
thence North 3 degrees 08 minutes 48 seconds East, along said southerly
prolongation, a distance of 50.00 feet, to the point of beginning. The above
description contains 4,108 square feet or 0.094 acres, more or less, and all
utility easements over, under, across and along said right of way, all in
Section 8, Township 49 North, Range 33 West, Kansas
City, Jackson County, Missouri, be and the same is hereby vacated. The property
owner shall maintain access to all fire suppression appliances.
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
____________________________________
Diane
Binckley, Secretary
STATE OF MISSOURI )
)
ss.
COUNTY OF ________ )
On the _____ day of
___________________, 20___, 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
_________________________, 20____.
____________________________________
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. 20____, 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