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Legislation #: 950484 Introduction Date: 11/23/1988
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating part of Southwest Trafficway (on the east side) between 40th Street and 41st Street, being part of Lots 2, 4 and 5, "Quimby Addition" and part of Lots 8, 9, 10, 11, 12, 13 and 14, "Old Home Plat", all in Kansas City, Jackson County, Missouri. (898-V) (formerly Ordinance No. 63380)

Legislation History
DateMinutesDescription
11/23/1988

Prepare to Introduce

11/23/1988

Referred Plans And Zoning Committee

11/30/1988

Hold Off Agenda

7/13/1989

Hold Off Agenda

1/18/1990

Hold Off Agenda

7/12/1990

Hold Off Agenda

1/17/1991

Hold Off Agenda

7/17/1991

Hold Off Agenda

1/22/1992

Hold Off Agenda

7/15/1992

Hold Off Agenda

1/20/1993

Hold Off Agenda

7/14/1993

Hold Off Agenda

1/19/1994

Hold Off Agenda

7/27/1994

Hold Off Agenda

5/17/1995

Advance and Do Pass as a Committee Substitute

5/18/1995

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950484

 

Vacating part of Southwest Trafficway (on the east side) between 40th Street and 41st Street, being part of Lots 2, 4 and 5, "Quimby Addition" and part of Lots 8, 9, 10, 11, 12, 13 and 14, "Old Home Plat", all in Kansas City, Jackson County, Missouri. (898-V) (formerly Ordinance No. 63380)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Council of Kansas City does hereby find and declare that on the 1st day of November, 1988, a petition was filed with the City Clerk of Kansas City by the Director of Public Works of Kansas City, Missouri, for the vacation of all that part of Southwest Trafficway, as now established, being part of Lot 2 and all that part of the vacated east-west alley lying South of and adjoining part of said Lot 2, and parts of Lots 4 and 5, QUIMBY'S ADDITION, and parts of Lots 8, 9, 10, 11, 12, 13 and 14, OLD HOME PLAT, all in the Northeast Quarter of the Southeast Quarter of Section 19, Township 49, Range 33 in Kansas City, Jackson County, Missouri, being more particularly described as follows:

 

All that part of Southwest Trafficway as now established by Ordinance No. 13786 and amended by Ordinance No. 14022 dated September 18, 1950, including that part of the west 28 feet of Lot 2, and that part of the west 80 feet of Lots 4 and 5, Quimby's Addition, together with that part of Lots 8, 9, 10, 11, 12, 13 and 14, Old Home Plat, together with that part of the vacated alley first south of 40th Street lying east of the east right of way line of Southwest Trafficway and west of the west right of way line of Waddell Avenue, all in Kansas City, Jackson County, Missouri, lying east of the following described line: Commencing at the southwest corner of said Lot 8, being a point on the north right of way line of 41st Street and on the east right of way line of said Southwest Trafficway; thence North 16 47'24" East (all bearings herein are referenced to the Missouri State Plane Coordinate System 1983, West Zone) on said east right of way line 33.38 feet to a point on the south line of the north 14.00 feet of said Lot 8, being 8.00 feet east of the west line thereof; thence South 87 17'34" East on said east right of way line, being the south line of the north 14.00 feet of said Lot 8, 1.78 feet to the point of beginning; thence northeasterly on a curve to the left (said curve having an initial tangent bearing North 15 06'45" East, radius of 1726.00 feet, chord bearing North 12 49'56" East, chord distance 137.34 feet) an arc distance of 137.38 feet to a point of compound curvature; thence northeasterly on a curve to the left (said curve having an initial tangent bearing North 10 33'08" East, radius of 10986.66 feet, chord bearing North 10 15'43" East, chord distance 111.27 feet) an arc distance of 111.27 feet to a point of compound curvature; thence northeasterly on a curve to the left (said curve having an initial tangent bearing North 9 58'19" East, radius of 1526.00 feet, chord bearing North 7 56'13" East, chord distance 108.38 feet) an arc distance of 108.40 feet to a point of tangency; thence North 5 54'07" East, 86.94 feet; thence northeasterly on a curve to the right (said curve having a radius of 2974.00 feet, chord bearing North 6 14'54" East, chord distance 35.97 feet) an arc distance of 35.97 feet to the point of termination on the south right of way line of 40th Street being 13.62 feet east of the northwest corner of said Lot 2, 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 for twenty (20) days 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 vacation of all that part of Southwest Trafficway, as now established, being part of Lot 2 and all that part of the vacated east-west alley lying South of and adjoining part of said Lot 2, and parts of Lots 4 and 5, QUIMBY'S ADDITION, and parts of Lots 8, 9, 10, 11, 12, 13, and 14, OLD HOME PLAT, all in the Northeast Quarter of the Southeast Quarter of Section 19, Township 49, Range 33 in Kansas City, Jackson County, Missouri, being more particularly described as follows:

 

All that part of Southwest Trafficway as now established by Ordinance No. 13786 and amended by Ordinance No. 14022 dated September 18, 1950, including that part of the west 28 feet of Lot 2, and that part of the west 80 feet of Lots 4 and 5, Quimby's Addition, together with that part of Lots 8, 9, 10, 11, 12, 13 and 14, Old Home Plat, together with that part of the vacated alley first south of 40th Street lying east of the east right of way line of Southwest Trafficway and west of the west right of way line of Waddell Avenue, all in Kansas City, Jackson County, Missouri, lying east of the following described line: Commencing at the southwest corner of said Lot 8, being a point on the north right of way line of 41st Street and on the east right of way line of said Southwest Trafficway; thence North 16 47'24" East (all bearings herein are referenced to the Missouri State Plane Coordinate System 1983, West Zone) on said east right of way line 33.38 feet to a point on the south line of the north 14.00 feet of said Lot 8, being 8.00 feet east of the west line thereof; thence South 87 17'34" East on said east right of way line, being the south line of the north 14.00 feet of said Lot 8, 1.78 feet to the point of beginning; thence northeasterly on a curve to the left (said curve having an initial tangent bearing North 15 06'45" East, radius of 1726.00 feet, chord bearing North 12 49'56" East, chord distance 137.34 feet) an arc distance of 137.38 feet to a point of compound curvature; thence northeasterly on a curve to the left (said curve having an initial tangent bearing North 10 33'08" East, radius of 10986.66 feet, chord bearing North 10 15'43" East, chord distance 111.27 feet) an arc distance of 111.27 feet to a point of compound curvature; thence northeasterly on a curve to the left (said curve having an initial tangent bearing North 9 58'19" East, radius of 1526.00 feet, chord bearing North 7 56'13" East, chord distance 108.38 feet) an arc distance of 108.40 feet to a point of tangency; thence North 5 54'07" East, 86.94 feet; thence northeasterly on a curve to the right (said curve having a radius of 2974.00 feet, chord bearing North 6 14'54" East, chord distance 35.97 feet) an arc distance of 35.97 feet to the point of termination on the south right of way line of 40th Street being 13.62 feet east of the northwest corner of said Lot 2, 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.

 

Section 4. 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 5. 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:

 

 

____________________________________

Assistant City Attorney

 

 

STATE OF MISSOURI ) ) ss.

COUNTY OF ________ )

 

On the _________ day of ______________________, 19___, 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 _________________________, 19____.

 

 

____________________________________

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. 19____, 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