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Legislation #: 190378 Introduction Date: 5/9/2019
Type: Ordinance Effective Date: 6/7/2019
Sponsor: None
Title: Calling for submission to the voters of Kansas City, at a special election to be held on November 5, 2019, a question to remove certain City property generally consisting of approximately 1.6742 acres of Van Brunt Boulevard right of way from the parks and boulevard system; directing the City Clerk to notify the responsible election authorities of the election no later than August 27, 2019; and recognizing this ordinance with an accelerated effective date.

Legislation History
DateMinutesDescription
5/8/2019 Filed by the Clerk's office
5/9/2019 Referred to Neighborhoods and Public Safety Committee
5/15/2019 Hold On Agenda (5/22/2019)
5/22/2019 Do Pass as a Committee Substitute
5/23/2019 Assigned Third Read Calendar as Substituted
6/6/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190378 sub.pdf Authenticated 183K Authenticated Ordinance
fact sheet-17th and Van Brunt.xlsx Fact Sheet 22K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190378

 

Calling for submission to the voters of Kansas City, at a special election to be held on November 5, 2019, a question to remove certain City property generally consisting of approximately 1.6742 acres of Van Brunt Boulevard right of way from the parks and boulevard system; directing the City Clerk to notify the responsible election authorities of the election no later than August 27, 2019; and recognizing this ordinance with an accelerated effective date.

 

WHEREAS, the Parks Board has determined that approximately 1.6742 acres of Van Brunt Boulevard right of way that runs parallel to East 17th Street within an area between Brighton and Hardesty and Van Brunt Boulevard will not be adversely affected with the reduction of land in area of the jurisdiction roadway and can be removed from the park system; and

 

WHEREAS, City Charter section 1004(b) reads: If any property is determined by the Board of Parks and Recreation Commissioners to be no longer necessary or appropriate for park, parkway, or boulevard use, such property may be removed from the park system by a vote of the people; and

 

WHEREAS, the Board of Parks and Recreation Commissioners has approved and recommended that this property now be removed from the park system; and

 

WHEREAS, such removal would be for a higher or better use of the property and allow the City to dispose of the property as surplus property; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on November 5, 2019 for the purpose of submitting to the voters of Kansas City the question of removing property from the park system.

 

Section 2. BALLOT TITLE. The ballot title shall be:

 

Should the City of Kansas City remove from the park system property generally consisting of approximately 1.6742 acres of Van Brunt Boulevard right of way within an area between Brighton and Hardesty and authorize the City to convey said property for use as a public school for such terms and consideration as the City may determine?

 

Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

 


NOTICE OF ELECTION
KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, November 5, 2019, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

 

The official ballot will be in substantially the following form:

 

OFFICIAL BALLOT

CITY OF KANSAS CITY

SPECIAL ELECTION, NOVEMBER 5, 2019

 

QUESTION NO. ____,
(Park Property)

 

Should the City of Kansas City remove from the park system property generally consisting of approximately 1.6742 acres of Van Brunt Boulevard right of way within an area between Brighton and Hardesty and authorize the City to convey said property for use as a public school for such terms and consideration as the City may determine?

YES

NO

 

(Instructions to voters will be supplied by the election authorities.)

 

A full and complete copy of this ordinance (as it may be amended) submitting the above question to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

 

The polling places for the election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY)

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

 

Given under my hand and the official seal of the Kansas City, Missouri, this _____ day of ___________, 2019.

 

 

(SEAL) ____________________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, to me known to be the City Clerk of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

________________________________

Notary Public

 

My Commission Expires: ____________________________________

 

Section 4. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, no later than August 27, 2019, which shall be the authority of each election authority of the City to submit the amendment to the electors of Kansas City and to give public notice as provided by law.

 

Section 5. PROPERTY REMOVED. Upon approval of the voters the property shall be officially removed from the park system:

 

All that part of Van Brunt Boulevard right of way, being more commonly known as Van Brunt Park, and being part of Vacated Lots 6, 7, 8, 9 and 18, and all of Vacated Lots 10 and 11, and part of Vacated Quincy Avenue, all of Jay H. Neff s First Addition, a subdivision in Kansas City, Jackson County, Missouri, and all that part of an unplatted tract of land in the Southeast Quarter of Section 2, Township 49 North, Range 33 West, being in Kansas City, Jackson County, Missouri, and being more particularly described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of said Section 2-T49N-R33W; thence South 87 degrees 33 minutes 58 seconds East, on the South line of said Southeast Quarter, a distance of 190.83 feet to a point; thence North 02 degrees 26 minutes 02 seconds East, departing the South line of said Southeast Quarter, a distance of 32.50 feet, to a point on the North right of way line of E. 17th Street, as now established, said point also being the Southeast corner of Lot 12 of Jay H. Neff s First Addition, a subdivision in Kansas City, Jackson County, Missouri, said point also being on the Westerly right of way line of Van Brunt Boulevard, the point of beginning; thence North 02 degrees 08 minutes 46 seconds East, on the Westerly right of way line of said Van Brunt Boulevard, and on the East line of said Lot 12, a distance of 130.09 feet, to the Northeast comer of said Lot 12; thence North 87 degrees 33 minutes 58 seconds West, continuing on the Westerly right of way line of said Van Brunt Boulevard, and on the North line of said Lot 12; a distance of 25.00 feet, to the Southeast corner of Lot 15, of said Jay H. Neff s First Addition; thence North 02 degrees 08 minutes 42 seconds East, continuing on the Westerly right of way line of said Van Brunt Boulevard, and on the East line of said Lot 15, and on the East line of Lots 16 and 17 of said Jay H. Neff s First Addition, a distance of 135.72 feet, to the Northeast corner of said Lot 17; thence North 87 degrees 33 minutes 58 seconds West, continuing on the Westerly right of way line of said Van Brunt Boulevard, and on the North line of said Lot 17, a distance of 48.00 feet to a point; thence North 02 degrees 08 minutes 41 seconds East, departing the North line of said Lot 17, and continuing on the Westerly right of way line of said Van Brunt Boulevard, a distance of 50.00 feet, to a point on the North line of said Lot 18; thence South 87 degrees 33 minutes 58 seconds East, departing the Westerly right of way line of said Van Brunt Boulevard, and on the North line of that part of said Vacated Lot 18, and on the North line of said Vacated Lot 6, a distance of 52.40 feet, to a point on a non-tangent curve; thence Southeasterly, departing the North line of said Vacated Lot 6, and on a curve to the left whose initial tangent bears South 26 degrees 47 minutes 09 seconds East, having a radius of 420.00 feet, and through a central angle of 42 degrees 16 minutes 09 seconds, an arc length of 309.85 feet, to a point of compound curvature; thence Southeasterly, on a curve to the left, having a radius of 2,845.00 feet, an arc length of 396.65 feet, and through a central angle of 07 degrees 59 minutes 17 seconds, to a point of reverse curvature; thence Southeasterly, on a curve to the right, having a radius of 788.19 feet, and through a central angle of 05 degrees 40 minutes 11 seconds, an arc length of 77.99 feet, to a point on a non-tangent line; thence South 02 degrees 26 minutes 02 seconds West, a distance of 5.21 feet, to a point on the Easterly prolongation of the North right of way line of said E. 17th Street; thence North 87 degrees 33 minutes 58 seconds West, on said Easterly prolongation, a distance of 670.54 feet, to the point of beginning, containing 72,929 square feet or 1.6742 Acres, more or less.

 

Section 6. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of question to the people of Kansas City, Missouri, is hereby recognized to have an accelerated effective date within the meaning of Section 503(a)(3)(A) of the Charter, and as such shall take effect in accordance with Section 503.

 

__________________________________________

 

Approved as to form and legality:

 

 

______________________________

Lana K. Torczon

Assistant City Attorney