ORDINANCE NO. 180813

Vacating a portion of Donnelly Avenue from the south right-of-way line of Wilson Avenue to the east/west alley next south of Wilson Avenue, all in Kansas City, Jackson County, Missouri; retaining an easement; and directing the City Clerk to record certain documents. (CD-ROW-2018-00102)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Council of Kansas City does hereby find and declare that on August 3, 2018, a petition was filed with the City Clerk of Kansas City by KC International Academy for the vacation of all platted 50.00 feet right-of-way of Donnelly Avenue, lying south of Wilson Avenue (platted as Independence Avenue) west of Lot 1, Block 26 and east of Lot 5, Block 9 and north of 14.00 feet wide platted alley all in Washington, a platted subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 7,500 square feet or 0.1722 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 platted 50.00 feet right-of-way of Donnelly Avenue, lying south of Wilson Avenue (platted as Independence Avenue) west of Lot 1, Block 26 and east of Lot 5, Block 9 and north of 14.00 feet wide platted alley all in Washington, a platted subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 7,500 square feet or 0.1722 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. Provided further that the following conditions shall be met:

a.                   Developer shall provide plans of improvement to Missouri Gas Energy;

b.                  Developer shall use Missouri One Call prior to improvements, including clearing;

c.                   The following clearances must be met: 16” for secondary conductors and 18.5” for primary conductors; and

d.                  That KCP&L utilities are not relocated.

Section 5. 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 6. 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:

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Sarah Baxter

Assistant City Attorney

Approved by the City Plan Commission

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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