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Legislation #: 050822 Introduction Date: 7/7/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1491-V)

Legislation History
DateMinutesDescription
7/6/2005 Filed by the Clerk's office
7/7/2005 Referred to Planning, Zoning & Economic Development Committee
7/13/2005 Do Pass
7/14/2005 Assigned to Third Read Calendar
7/28/2005 Passed

View Attachments
FileTypeSizeDescription
050822 recorded documents.pdf Recorded Info 782K Recorded documents
050822.pdf Authenticated 334K Authenticated
C001491V_FACTSHT.xls Fact Sheet 54K Fact Sheet
C001491V_STAFFRPT06_07_05.doc Staff Report 36K Staff Report

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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, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1491-V)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Council of Kansas City does hereby find and declare that on the 6th day of June, 2005, a petition was filed with the City Clerk of Kansas City by the Kansas City Southern Railway Company for the vacation of any right of way within public property owned by the Kansas City Southern Railroad Company, 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 10, 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 10, said King & Boutons Resurvey, to the southeast corner of said Lot 13, Block 10, King & Boutons Resurvey; thence northwesterly along the easterly line of said Lot 13, Block 10, King & Boutons Resurvey, to the southwest corner of Lot 9, Block 10, said King & Boutons Resurvey; thence northeasterly along the southerly line of said Lot 9, Block 10, King & Boutons Resurvey, to the southeast corner of said Lot 9, Block 10, 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 10, 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 S044705W 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, giving the distinct description of the property containing 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 due notice of the pendency of said petition has been given for a period of 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 property 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 any public right of way within the property owned by the Kansas City Southern Railroad Company, 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 10, 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 10, said King & Boutons Resurvey, to the southeast corner of said Lot 13, Block 10, King & Boutons Resurvey; thence northwesterly along the easterly line of said Lot 13, Block 10, King & Boutons Resurvey, to the southwest corner of Lot 9, Block 10, said King & Boutons Resurvey, thence northeasterly along the southerly line of said Lot 9, Block 10, King & Boutons Resurvey, to the southeast corner of said Lot 9, Block 10, 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 10, 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 S044705W 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 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:

 

 

____________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

 

Approved by the City Plan Commission

 

 

____________________________________

Charles Myers, Chairman

 

STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _________ day of ______________________, 200__, 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 _________________________, 200___.

 

 

____________________________________

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. 200___, 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