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Legislation #: 160558 Introduction Date: 7/28/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
7/28/2016 Filed by the Clerk's office
7/28/2016 Referred to Planning, Zoning & Economic Development Committee
8/10/2016 Advance and Do Pass, Consent
8/10/2016 Advance and Do Pass, Debate
8/11/2016 Passed
8/11/2016 Councilmember Taylor (Second by McManus) Move to Reconsider
8/11/2016 Councilmember Taylor (Second by McManus) Move to Amend
8/11/2016 Passed as Amended

View Attachments
FileTypeSizeDescription
160558 Rcrd Info (2nd).pdf Recorded Info 827K Re-Recorded Info (with Covenant)
160558 Covenant.pdf Agreement 248K Covenant
160558 Rltd Info.pdf Related Documents 539K Related Info
160558 Rcrd Info.pdf Recorded Info 426K Recorded Info
160558.pdf Authenticated 238K 160558 Authenticated
160558 Staff Report.pdf Maps 825K Map
160558 Staff Report.pdf Staff Report 825K Staff Report
160558 Fact Sheet.pdf Fact Sheet 227K Fact Sheet

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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