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Legislation #: 180595 Introduction Date: 8/16/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating the north/south alley next south of E. 22nd Street lying between Lots 3 through 11 and Lots 18 through 26 and the east/west and north/south alleys next south of E. 22nd Street and east of Tracy Avenue in their entirety and any part of Lots 17, 32, 33 and 34 taken for Lydia Avenue right-of-way; and directing the City Clerk to record certain documents. (1769-V)

Legislation History
DateMinutesDescription
8/15/2018 Filed by the Clerk's office
8/16/2018 Referred to Planning, Zoning & Economic Development Committee
8/22/2018 Advance and Do Pass as a Committee Substitute, Debate
8/22/2018 Advance and Do Pass as a Committee Substitute, Debate
8/23/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180595.Recorded Information.pdf Recorded Info 183K Recorded Information
08-22-2018_PZE.pdf Other 4983K PowerPoint presentation
C001769V_DocketMap.pdf Maps 568K Docket Map
C001769V_Staff Report_08-07-18.pdf Staff Report 132K Staff report
C001769V_Fact Sheet.pdf Fact Sheet 249K Fact Sheet
C001769V_ORD_REQUEST.doc Request for Ordinance 34K Ord. Request

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180595

 

Vacating the north/south alley next south of E. 22nd Street lying between Lots 3 through 11 and Lots 18 through 26 and the east/west and north/south alleys next south of E. 22nd Street and east of Tracy Avenue in their entirety and any part of Lots 17, 32, 33 and 34 taken for Lydia Avenue right-of-way; and directing the City Clerk to record certain documents. (1769-V)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council of Kansas City does hereby find and declare that on the 14th day of August, 2018, a petition was filed with the City Clerk of Kansas City by Kaw Valley Engineering for the vacation of west alley adjacent to MoDOT property: All of the north south alley lying between Lots 3 through 11 and Lots 18 through 26, Block G, Victor Place, a subdivision in Kansas City, Missouri, and the east alley within the Beacon Hill Development: All of the allies lying south of the right-of-way of 22nd Street and west of the right-of-way of Lydia Avenue, and any part of Lots 17, 32, 33 and 34 taken for Lydia Avenue right-of-way, in Mount Prospect, a subdivision, and all of the north south alley in Roger’s Subdivision, all in Kansas City, Jackson County, Missouri, giving the distinct description of the alley 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 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 the west alley adjacent to MoDOT property: All of the north south alley lying between Lots 3 through 11 and Lots 18 through 26, Block G, Victor Place, a subdivision in Kansas City, Missouri, and the east alley within the Beacon Hill Development: All of the allies lying south of the right-of-way of 22nd Street and west of the right-of-way of Lydia Avenue, and any part of Lots 17, 32, 33 and 34 taken for Lydia Avenue right-of-way, in Mount Prospect, a subdivision, and all of the north south alley in Roger’s Subdivision, all in Kansas City, Jackson County, Missouri, 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 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

 

 

____________________________________

Diane Binckley, 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