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Legislation #: 180293 Introduction Date: 4/19/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating the east/west alley next south of Westport Road from the west line of Clark Avenue to the east line of Roanoke Road, all in Section 33, Township 49 North, Range 19 West, Kansas City, Jackson County, Missouri; repealing Ordinance No. 170937; and directing the City Clerk to record certain documents. (1735-V)

Legislation History
DateMinutesDescription
4/18/2018 Filed by the Clerk's office
4/19/2018 Referred to Planning, Zoning & Economic Development Committee
4/25/2018 Advance and Do Pass, Debate
4/26/2018 Passed

View Attachments
FileTypeSizeDescription
180293 Rcrd Info.pdf Recorded Info 308K Recorded Info
180293.pdf Authenticated 231K Authenticated
180293 Staff Report.pdf Staff Report 195K Staff Report
180293 Fact Sheet.pdf Fact Sheet 230K Fact Sheet
C001735V_ORD_REQUEST_11_08_17.pdf Request for Ordinance 53K Ord. Request

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ORDINANCE NO. 180293

 

Vacating the east/west alley next south of Westport Road from the west line of Clark Avenue to the east line of Roanoke Road, all in Section 33, Township 49 North, Range 19 West, Kansas City, Jackson County, Missouri; repealing Ordinance No. 170937; and directing the City Clerk to record certain documents. (1735-V)

 

WHEREAS, Ordinance No. 170937 sought to vacate the alley that is the subject of this ordinance, but did not contain a detailed legal description of the alley; and

 

WHEREAS, Council desires to repeal Ordinance No. 170937 and replace it with this ordinance in order to provide a more detailed legal description of the property to be vacated; NOW, THEREFORE,

 

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 19th day of September, 2017, a petition was filed with the City Clerk of Kansas City by Doug Gamble for the vacation of all of the alley between Clark Avenue and Roanoke Road, located in Westport Inn and Jones & Fisher’s Addition, both subdivisions in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southwest corner of Lot 7, of said Jones & Fisher’s Addition, said point being on the north line of alley and east right of way line of Roanoke Road; thence North 62 degrees 17 minutes 20 seconds East along the south line of Lots 7, 8, and 9 of said Jones & Fisher’s Addition and the south line of Lot 1 of said Westport Inn, 351.72 feet to the west right of way line of Clark Avenue; thence South 21 degrees 08 minutes 00 seconds East along said west right of way line, 15.00 feet to the northeast corner of Lot 14 of said Jones & Fisher’s Addition; thence South 62 degrees 17 minutes 20 seconds West along the north line of Lots 14 and 15 of said Jones & Fisher’s Addition, 102.64 feet to the northwest corner of Lot 15 of said Jones & Fisher’s Addition, said point also being the northeast corner of Lot 2 of said Westport Inn; thence South 21 degrees 03 minutes 03 seconds East along the east line of said Lot 2, 5.13 feet; thence South 62 degrees 1 minutes 20 seconds West, 249.17 feet to the east right of way line of Roanoke Road; thence North 20 degree 51 minutes 05 seconds West along said east right of way line, 20.14 feet to the point of beginning, contains 6,511 square feet, more or less, 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 all of the alley between Clark Avenue and Roanoke Road, located in Westport Inn and Jones & Fisher’s Addition, both subdivisions in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southwest corner of Lot 7, of said Jones & Fisher’s Addition, said point being on the north line of alley and east right of way line of Roanoke Road; thence North 62 degrees 17 minutes 20 seconds East along the south line of Lots 7, 8, and 9 of said Jones & Fisher’s Addition and the south line of Lot 1 of said Westport Inn, 351.72 feet to the west right of way line of Clark Avenue; thence South 21 degrees 08 minutes 00 seconds East along said west right of way line, 15.00 feet to the northeast corner of Lot 14 of said Jones & Fisher’s Addition; thence South 62 degrees 17 minutes 20 seconds West along the north line of Lots 14 and 15 of said Jones & Fisher’s Addition, 102.64 feet to the northwest corner of Lot 15 of said Jones & Fisher’s Addition, said point also being the northeast corner of Lot 2 of said Westport Inn; thence South 21 degrees 03 minutes 03 seconds East along the east line of said Lot 2, 5.13 feet; thence South 62 degrees 1 minutes 20 seconds West, 249.17 feet to the east right of way line of Roanoke Road; thence North 20 degree 51 minutes 05 seconds West along said east right of way line, 20.14 feet to the point of beginning, contains 6,511 square feet, 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. That a full-width utility easement be retained or that the facilities be relocated at the applicant’s expense, that any existing facilities within the right-of-way be protected, that any security gates or parking controls which cross a fire access road have an approved means of emergency operation, and that the roadway shall be maintained as a fire access road with no permanent obstructions being erected within the fire access road.

 

Section 5. That Ordinance No. 170937 is hereby repealed.

 

Section 6. 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 7. 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