ORDINANCE NO. 160558 AS AMENDED
Vacating the right-of-way west of
Holly Street at the intersection with W. 32nd Street in Kansas City, Jackson
County, Missouri; conditioning the vacation on the execution of a covenant to
maintain; retaining an easement; and directing the City Clerk to record certain
documents. (1727-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 20th day of July,
2016, a petition was filed with the City Clerk of Kansas City by Dean Realty
Co. for the vacation of all that part of the following described tract of land
lying within Kansas City right-of-way, known as Holly Street, that part of the
Southwest Fractional Quarter of Section 18, Township 49, Range 33, lying in
Kansas City, Jackson County, Missouri, described as follows: Commencing at the
Northeast Corner of the Southwest Fractional Quarter of said Section 18; thence
South 02 degrees 32 minutes 04 seconds West along the East line of the
Southwest Fractional Quarter of said Section 18, a distance of 478.36 feet
measure (478.40 feet by Plat); thence North 87 degrees 19 minutes 50 seconds
West a distance of 25.00 feet to the Northeast corner of said lot 1; thence
South 02 degrees 32 minutes 04 seconds West along the West line of Holly Street
a distance of 173.84 feet to the Point of Beginning; thence continuing South 02
Degrees 32 Minutes 04 Seconds West along the said West line of Holly Street, a
distance of 33.51 feet; thence along a curve to the right, having a radius of 9.50
feet, with an Initial Tangent Bearing of South 42 degrees 09 Minutes 35 Seconds
East, with a delta angle of 45 Degrees 10 Minutes 35 Seconds, an arc distance
of 7.49 feet; thence along a compound curve to the right having a radius of
4.50 feet, with a delta angle of 90 Degrees 16 Minutes 22 Seconds, an arc
distance of 7.09 feet; thence North 02 Degrees 32 Minutes 04 Seconds East a
distance of 30.00 feet; thence along a curve to the right having a radius of
4.51 feet, with a delta angle of 92 Degrees 43 Minutes 57 Seconds, an arc
distance of 7.30 feet; thence along a compound curve to the right having a
radius of 9.25 feet, with a delta angle of 44 Degrees 48 Minutes 08 Seconds an
arc distance of 7.23 feet; to the point of beginning, containing 419 square feet,
or 0.01 acres more or less, 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 all
that part of the following described tract of land lying within Kansas City right-of-way,
known as Holly Street, that part of the Southwest Fractional Quarter of Section
18, Township 49, Range 33, lying in Kansas City, Jackson County, Missouri, described
as follows: Commencing at the Northeast Corner of the Southwest Fractional
Quarter of said Section 18; thence South 02 degrees 32 minutes 04 seconds West
along the East line of the Southwest Fractional Quarter of said Section 18, a
distance of 478.36 feet measure (478.40 feet by Plat); thence North 87 degrees
19 minutes 50 seconds West a distance of 25.00 feet to the Northeast corner of
said lot 1; thence South 02 degrees 32 minutes 04 seconds West along the West
line of Holly Street a distance of 173.84 feet to the Point of Beginning;
thence continuing South 02 Degrees 32 Minutes 04 Seconds West along the said
West line of Holly Street, a distance of 33.51 feet; thence along a curve to
the right, having a radius of 9.50 feet, with an Initial Tangent Bearing of
South 42 degrees 09 Minutes 35 Seconds East, with a delta angle of 45 Degrees
10 Minutes 35 Seconds, an arc distance of 7.49 feet; thence along a compound
curve to the right having a radius of 4.50 feet, with a delta angle of 90
Degrees 16 Minutes 22 Seconds, an arc distance of 7.09 feet; thence North 02
Degrees 32 Minutes 04 Seconds East a distance of 30.00 feet; thence along a
curve to the right having a radius of 4.51 feet, with a delta angle of 92
Degrees 43 Minutes 57 Seconds, an arc distance of 7.30 feet; thence along a
compound curve to the right having a radius of 9.25 feet, with a delta angle of
44 Degrees 48 Minutes 08 Seconds an arc distance of 7.23 feet; to the point of beginning,
containing 419 square feet, or 0.01 acres more or less, be and the same is
hereby vacated. However, the City of Kansas City reserves an easement and the
right to locate, construct and maintain (or to authorize any franchised utility
to locate, construct and maintain) conduits, water, gas and sewer pipes, poles
and wire, or any of them over, under, along and across the above-described
property. 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.
As a part of this easement the developer will enter into an agreement with the
Water Services Department in regard to developer’s obligations for future
maintenance of Tract A.
Section 5. That this
vacation is conditioned on Dean Realty entering into a Covenant to Maintain
Tract A of Coleman Crest. This covenant is attached to this ordinance and made
a part hereof.
Section 6. 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 Covenant referenced in Section 5, above, to be filed for
record in the Recorder's Office in Jackson County, Missouri.
Section 7. 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