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:
____________________________________
Sarah
Baxter
Assistant City Attorney
Approved by the City Plan Commission
____________________________________
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