KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 100655 Introduction Date: 8/5/2010
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SKAGGS AND COUNCILMEMBER HERMANN
Title: Vacating N. Eastern Avenue from Route 291 north approximately 800 feet, Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents.

Legislation History
DateMinutesDescription
8/5/2010 Filed by the Clerk's office
8/5/2010 Referred to Planning, Zoning & Economic Development Committee
8/18/2010 Hold Off Agenda
1/16/2014 Release
1/14/2015 Release
2/2/2015 Released

View Attachments
FileTypeSizeDescription
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100655 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100655
Exhibit.pdf Advertise Notice 139K exhibit
fact sheet.xls Advertise Notice 172K fact sheet

Printer Friendly Version

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 100655

 

Vacating N. Eastern Avenue from Route 291 north approximately 800 feet, Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents.

WHEREAS, under the City Charter Sec. 75-1, the City has the power to vacate streets and public places; and

WHEREAS, the City Council approved Ordinance No. 090262 which is the Ninth Amendment to the Shoal Creek TIF Plan that included relocating and improving N. Eastern Avenue north of Route 291; and

WHEREAS, the Shoal Creek TIF has allocated the necessary funding to construct said improvements; and

 

WHEREAS, said improvements to N. Eastern Ave will improve a dangerous intersection in Kansas City; and

 

WHEREAS, the State of Missouri acquired right-of-way for relocating N. Eastern Avenue at Route 291 in the 1960’s but never constructed the improvements; and

WHEREAS, Ordinance No. 100600 authorized the Director of Public Works to accept a Quit Claim Deed from the State of Missouri which transferred the state’s interest in right-of-way for N. Eastern Avenue to the City; and

WHEREAS, when said improvements are constructed N. Eastern Avenue will be obliterated at its current intersection with Route 291; and

WHEREAS, when said improvements are completed, the City will have right of way for three different intersections of N. Eastern Avenue with Route 291; and

WHEREAS, Property Reserve Incorporated owns the land adjacent to all three different intersections of N. Eastern Avenue with Route 291; and

WHEREAS, no private rights will be unreasonably injured or endangered by the vacation of N. Eastern Avenue and the public will suffer no unreasonable loss or inconvenience thereby; NOW THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 Section 1. The Council of Kansas City does hereby find and declare that on the 3rd day of August, 2010, a petition was filed with the City Clerk of Kansas City by the Director of Public Works of Kansas City for the vacation of N. Eastern Avenue from Route 291 north approximately, Kansas City, Clay County, Missouri, giving the distinct description of the roadway 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 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 alley 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 two segments of N. Eastern Avenue from Route 291 north approximately 800 feet, Kansas City, Clay County, Missouri, is hereby vacated being more with said vacation particularly described as follows:

 

Segment No. 1: All that part, if any, of the Southeast Quarter of Section 21 and of the Southwest Quarter of Section 22, all in Township 52, Range 32, lying North of the Northerly Right-of-Way line of Missouri State Highway, Route 291, currently being used as Right-of-Way for North Eastern Avenue, as now established, being approximately described as follows: The West 30.00 feet of the Southwest Quarter of said Section 22 and the East 30.00 feet of the Southeast Quarter of said Section 21, lying North of said Missouri State Route 291.

 

Segment No. 2: A Right-of-Way for Missouri State Highway, Route P in the Southeast Quarter of Section 21 and the Southwest Quarter of Section 22, all in Township 52, Range 32 in Kansas City, Clay County, Missouri dedicated, defined and described in that document recorded as Document No. B 65335 in Book 783 at Page 521, more particularly described as follows: Beginning at the Northwest corner of said Southwest Quarter Section; thence South 89 degrees 55 minutes 55 seconds East along the North line of said Quarter Section, a distance of 40.00 feet; thence South 01 degrees 23 minutes 23 seconds West, a distance of 59.62 feet to a point of curve; thence along a curve to the right, having a radius of 756.20 feet, a distance 489.21 feet; Thence South 11 degrees 39 minutes 27 seconds East, a distance of 81.53 feet to a point on the Northerly Right-of-Way line of Missouri State Highway, Route 291, as now established; thence North 51 degrees 29 minutes 26 seconds West, along said Northerly Right-of-Way line, a distance of 204.89 feet; thence departing said Northerly Right-of-Way line, North 88 degrees 34 minutes 13 seconds East, a distance of 81.23 feet; thence Northerly along a curve to the left, concentric with the last described curve, having a radius of 676.20 feet, an arc distance of 437.46 feet to a point of Tangency; thence North 01 degrees 23 minutes 23 seconds East, a distance of 58.90 feet to a point on the North line of the Northeast Quarter of said Section 21; thence South 89 degrees 19 minutes 49 seconds East, along said North line, a distance of 40.00 feet to the Point of Beginning.

 

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 Clay 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:

 

 

____________________________________

Brian T. Rabineau

Assistant City Attorney

 

Approved by the City Plan Commission

 

 

____________________________________

John Eckardt, Secretary

 

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