KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 170076 Introduction Date: 2/2/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating unimproved City right-of-way in Jackson County, Missouri; and directing the City Clerk to record said ordinance in the Office of the Recorder of Deeds for Jackson County, Missouri.

Legislation History
DateMinutesDescription
1/31/2017 Filed by the Clerk's office
2/2/2017 Referred to Planning, Zoning & Economic Development Committee
2/15/2017 Hold On Agenda (2/22/2017)
2/22/2017 Advance and Do Pass as a Committee Substitute, Debate
2/23/2017 Passed

View Attachments
FileTypeSizeDescription
170076 Rcrd Info.pdf Recorded Info 1010K Recorded Info
170076 Compared.pdf Compared Version 130K Compared Version
170076 Map 5.pdf Maps 1149K Map 5
170076 Map 4.pdf Maps 1324K Map 4
170076 Map 3.pdf Maps 842K Map 3
170076 Map 2.pdf Maps 813K Map 2
170076 Map 1.pdf Maps 1214K Map
170076 Fact Sheet.pdf Fact Sheet 192K Fact Sheet

Printer Friendly Version

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170076

 

Vacating unimproved City right-of-way in Jackson County, Missouri; and directing the City Clerk to record said ordinance in the Office of the Recorder of Deeds for Jackson County, Missouri.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council of Kansas City does hereby find that the Director of the Department of Public Works has declared certain City right-of-way to be unimproved with no future plans to improve said right-of-way and therefore vacates the following City right-of-way:

 

Council District 3:

 

In the vicinity of 2303 E 48th Ter.

 

Vacating unimproved public right-of-way while retaining a public utility easement, described as follows:

 

The 50 foot wide, unimproved, east-west segment of E. 48th Terrace adjoined on the north by Lots 125 and 126; and on the south by Lots 127 and 128; from the east right-of-way line of Park Avenue, as now established, easterly to the west right-of-way line of Bruce R Watkins Drive; all in “Prospect Hill”, a subdivision in the 3rd Council District in Kansas City, Jackson County, Missouri. A 50 foot wide public utility easement is retained over, under, in and upon the same area described above.

 

and

 


 

In the vicinity of 323 & 319 Wabash Ave.

 

Vacating unimproved public right-of-way while retaining public utility easements, described as follows:

 

The 15 foot wide east-west alley adjoined on the north by Lot 24, "Resurvey of Pendleton Heights" and on the south by Lots 1 through 6, "Downings Resurvey of Longview Place"; from the east right-of-way line of Wabash Avenue, as now established, east to the east right-of-way line of the existing 14 foot wide north-south alley adjoining the west lot line of Lot 1, "Resurvey of Pendleton Heights", as now established; and that portion of said 14 foot wide north-south alley adjoined on the east by Lots 1 through 3, "Resurvey of Pendleton Heights", and on the west by Lots 24 through 22, "Resurvey of Pendleton Heights"; from the north right-of-way line of said 15 foot wide east-west alley adjoined on the north by Lot 24, "Resurvey of Pendleton Heights" and on the south by Lots 1 through 6, "Downings Resurvey of Longview Place", as now established, north to the westerly extension of the south right-of-way line of the existing 16 foot wide east-west alley adjoining the north lot line of the south 9 feet of Lot 3, the south lot line of Lot 4, and the east lot line of Lot 22 "Resurvey of Pendleton Heights", as now established. A 15 foot wide public utility easement is retained over, under, in and upon the same area described above as the 15 foot wide right-of-way to be vacated, and a 14 foot wide public utility easement is retained over, under, in and upon the same area described above as the 14 foot wide right-of-way to be vacated.

 

and

 

In the vicinity of 4500 Pittman Rd.

 

Vacating unimproved public right-of-way while retaining public utility easements, described as follows:

 

The 50 foot wide, unimproved, north-south segment of Hawthorne Avenue, adjoined on the west by Lots 23 through 25, on the north by Lot 26, and on the east by Lots 10, 9, and 27, “Forty Elms Addition”; from the north right-of-way line of E. 45th Ter., as now established, north to the south lot line of Lot 26 "Forty Elms Addition"; including all right-of way making up the cul-de-sac south of and adjoining Lot 26 "Forty Elms Addition", a subdivision in the 3rd Council District in Kansas City, Jackson County, Missouri. A 50 foot wide public utility easement is retained over, under, in and upon the same area described above.

 

Council District 5:

 

In the vicinity of 10045 Holmes Rd.

 

Vacating unimproved public right-of-way while retaining a public utility easement, described as follows:

 

The 25 foot wide east-west alley adjoined on the north by lots 3, 4, and 7 through 10 of “Springhaven Homes Lots 1-10”, and lots TR A, TR B, and 11 through 18 of the “Amend Plat of the 2nd Resurvey of Lots 11 Thru 20 Springhaven Homes”; and on the south by Lots 4 and 5 of “Holmes Corporate Center; from the east right-of-way line of Holmes Road, as now established, east to the west lot line of Lot 19 of the “Amend Plat of the 2nd Resurvey of Lots 11 Thru 20 Springhaven Homes”; all in “Springhaven Homes Lots 1-10” and the “Amend Plat of the 2nd Resurvey of Lots 11 Thru 20 Springhaven Homes”, subdivisions in the 5th Council District in Kansas City, Jackson County, Missouri. A 25 foot wide public utility easement is retained over, under, in and upon the same area described above.

 

Council District 6:

 

In the vicinity of 9035 Walnut St.

 

Vacating unimproved public right-of-way while retaining a public utility easement, described as follows:

 

The 50 foot wide, unimproved, east-west segment of E. 90th Terrace, adjoined on the north by lots 20 and 40, block 6, and on the south by lots 1 and 21, block 10; from the east right-of-way line of Walnut Street, as now established, east to the west right-of-way line of Grand Avenue, as now established; all in “Moores Southland Addition”, a subdivision in the 6th Council District in Kansas City, Jackson County, Missouri. A 50 foot wide public utility easement is retained over, under, in and upon the same area described above.

 

Section 2. 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, and that the notice required by Section 75-4 of the Code of Ordinances has been provided.

 

Section 3. The City’s easement reserved in section 1 provides 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 properties. The City of Kansas City shall have at all times the right to go upon the above-described properties 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 properties 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 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:

 

___________________________________

Dustin E. Johnson

Assistant City Attorney

 

Approved by the Director of the Department

of Public Works:

 

____________________________________

Sherri McIntyre

Director of Public Works

 

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