ORDINANCE NO. 080037
Amending Ordinance No. 061014,
which amended Ordinance No. 050822 vacating any existing rights of way within a
tract of land generally bounded by Delaware Street on the east, Broadway on the
west, Front Street on the north and 3rd Street on the south, to correct the
legal description, and directing the City Clerk to record certain documents.
WHEREAS, it has been
determined that the legal description filed with the petition for vacation that
was approved in Ordinance No. 050822 has been found to have an error; and
WHEREAS, Ordinance
No. 061014 was passed by the Council of Kansas City, which Ordinance amended
Ordinance No. 050822 and purported to correct such legal description; and
WHEREAS, Ordinance
No. 061014 has been found to contain a scriveners error, which error must be
corrected; and
WHEREAS, the property
owners whose property surrounds the street to be vacated have requested that
the error be corrected; and
WHEREAS, the
correction will not alter the area that was intended to be vacated; NOW,
THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Section 1 of Ordinance No. 061014 is hereby amended and restated, to read as
follows:
Section
1. That Ordinance No. 050822 is hereby amended to correct the legal
description, by repealing Section 3 and replacing said section with the
following new section:
That any public
right-of-way within the property owned by the Kansas City Southern Railroad
Company, to be used for the vacation of public right-of-ways within the
interior of said description, being approximately bounded by vacated Front
Street on the north, Third Street on the south, Broadway Avenue on the west and
Delaware Street on the east, all being in the City of Kansas City, Jackson
County, Missouri and described as follows: Beginning at the northeast corner
of Lot 13, Campbell Block, a subdivision in Kansas City, Jackson County,
Missouri, according to the recorded plat thereof; thence southerly along the
easterly line of Lots 13, 12, 11, 10 and 9, said Campbell Block, to the
southeast corner of said Lot 9, Campbell Block; thence southwesterly along
the southerly line of said Lot 9, to a point on said southerly line that is
44.1 feet, more or less, southwesterly of said southeast corner of Lot 9;
thence southerly, to a point on the northerly right-of-way line of Third
Street, as now established, that is 345.5 feet, more or less, as measured along
said northerly right-of-way line, from the southwest corner of Lot 116, Block
11, Old Town a subdivision in said city, county, state, according to the
recorded plat thereof; thence northeasterly along said northerly right-of-way
line of Third Street, to the southwest corner of said Lot 116, Block 11, Old
Town; thence northwesterly along the westerly line of Lots 116 and 115, Block
11, said Old Town, to the southwest corner of Lot 114, Block 11, said Old
Town; thence northeasterly along the southerly line of said Lot 114, Block 11,
Old Town, to the southeast corner of said Lot 114, Block 11, Old Town;
thence northwesterly along the easterly line of said Lot 114, Block 11, Old
Town, to a point on said easterly line that is the intersection of said
easterly line with the southwesterly prolongation of the southerly line of Lot
15, Block 11, King & Boutons Resurvey, a subdivision in said city,
county, state, according to the recorded plat thereof; thence northeasterly
along said southwesterly prolongation and along the southerly line of Lots 15,
14 and 13, Block 11, said King & Boutons Resurvey, to the southeast
corner of said Lot 13, Block 11, King & Boutons Resurvey, thence
northwesterly along the easterly line of said Lot 13, Block 11, King &
Boutons Resurvey, to the southwest corner of Lot 9, Block 11, said King &
Boutons Resurvey; thence northeasterly along the southerly line of said Lot
9, Block 11, King & Boutons Resurvey, to the southeast corner of said
Lot 9, Block 11, King & Boutons Resurvey, being also a point on the
westerly right-of-way line of Wyandotte Street, as now established; thence
northwesterly along said westerly right-of-way line, to a point on said
westerly right-of-way line that is 50 feet southeasterly of the northeast
corner of Lot 10, Block 11, said King & Boutons Resurvey, as measured
along the easterly line thereof, also being the westerly right-of-way line of
said Wyandotte Street; thence northeasterly along a line that is 50 feet
southerly of and parallel with the southerly right-of-way line of Second
Street, as now established, to a point on the westerly line of Lot 101, Block
10, aforesaid Old Town, that is 50 feet southeasterly of the northwest corner
of said Lot 101, Block 10, Old Town, as measured along the westerly line
thereof; thence northeasterly, to the northeast corner of said Lot 101, Block
10, Old Town; thence northwesterly along the northwesterly prolongation of
the easterly line of said Lot 101, Block 10, Old Town, to the point of
intersection of said northwesterly prolongation with the northeasterly
prolongation of the southerly line of Lot 146, Block 14, said Old Town;
thence southwesterly along said northeasterly prolongation, to the southeast
corner of said Lot 146, Block 14, Old Town; thence northwesterly along the
northeasterly line of Lots 146, 144, 143, 142 and 141, Block 14, said Old
Town and the northwesterly prolongation thereof, to an angle point corner on
the easterly line of Lot 131, Block 12, said Old Town; thence southeasterly
along the easterly line of said Lot 131, Block 12, Old Town, to the
southeasterly corner of said Lot 131, Block 12, Old Town; thence
southwesterly along the southeasterly line of Lots 131, 130, 129, 128, 127 and
126, Block 12, said Old Town, to the southwesterly corner of said Lot 126,
Block 12, Old Town; thence southwesterly, to the northwesterly corner of Lot
18, Gillis Addition, a subdivision in said city, county, state, according to
the recorded plat thereof; thence southwesterly along the arc of a non-tangent
curve to the right, with a radius of 657.25 feet and an initial tangent bearing
of South 044705 West that is produced by deflecting right 1151452 from
the last described ahead course, to the southwesterly corner of Lot 28, said
Gillis Addition; thence southerly, to the point of beginning at the northeast
corner of Lot 13, said Campbell Block, 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 such
vacated right of way within 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 2. That
the City Clerk of Kansas City, Missouri is hereby authorized and directed to
acknowledge this ordinance as deeds are acknowledged, and to cause this
ordinance to be filed for record in the Recorders Office in Jackson, County,
Missouri.
_____________________________________________
Approved
as to form and legality:
___________________________________
Sarah
Baxter
Assistant City Attorney