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Legislation #: 090301 Introduction Date: 4/16/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating a portion of Guinotte Avenue between Flora Avenue and Lydia Avenue, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1545-V)

Legislation History
DateMinutesDescription
4/15/2009 Filed by the Clerk's office
4/16/2009 Referred to Planning and Zoning Committee
5/6/2009 Do Pass as a Committee Substitute
5/7/2009 Assigned Third Read Calendar as Substituted
5/14/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090301 Recorded Documents.pdf Recorded Info 613K Recorded Documents
090301.pdf Authenticated 159K AUTHENTICATED
C001545V_FACTSHT.xls Fact Sheet 59K Fact Sheet
C001545V_STAFFRPT03_17_09.doc Staff Report 55K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090301

 

Vacating a portion of Guinotte Avenue between Flora Avenue and Lydia Avenue, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1545-V)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Council of Kansas City does hereby find and declare that on the 27th day of February, 2009, a petition was filed with the City Clerk of Kansas City by AUTS, for the vacation of that portion of Guinotte Avenue/Lydia Avenue Viaduct located between the northerly projection of the east line of Lydia Avenue, said east line also being the west line of Block 6, Guinotte's Addition, and the northerly projection of the west line of Flora Avenue, said west line also being the east line of Block 6, Guinotte's Addition, and lying south of the following described line: Beginning at a point on said northerly projection of the east line of Flora Avenue 36.12 feet north of the southeast corner of Lot 25, Block 6, Guinottes Addition, thence South 77 degrees 18 minutes 09 seconds West, a distance of 147.79 feet, thence South 75 degrees 14 minutes 01 seconds West, a distance of 78.10 feet, thence along a curve to the left having a radius of 42.43 feet, an arc length of 40.90 feet and a chord of South 45 degrees 40 minutes 19 seconds West, 39.33 feet, to a point on said northerly projection of the east line of Lydia Avenue and the terminus of said described line, and all utility easements over, under, across and along said street, all in Section 33, Township 50 North, Range 33 West, Kansas City, Jackson County, Missouri, giving the distinct description of the street 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 street 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 a portion of Guinotte Avenue/Lydia Avenue Viaduct located between the northerly projection of the east line of Lydia Avenue, said east line also being the west line of Block 6, Guinotte's Addition, and the northerly projection of the west line of Flora Avenue, said west line also being the east line of Block 6, Guinotte's Addition, and lying south of the following described line: Beginning at a point on said northerly projection of the east line of Flora Avenue 36.12 feet north of the southeast corner of Lot 25, Block 6, Guinottes Addition, thence South 77 degrees 18 minutes 09 seconds West, a distance of 147.79 feet, thence South 75 degrees 14 minutes 01 seconds West, a distance of 78.10 feet, thence along a curve to the left having a radius of 42.43 feet, an arc length of 40.90 feet and a chord of South 45 degrees 40 minutes 19 seconds West, 39.33 feet, to a point on said northerly projection of the east line of Lydia Avenue and the terminus of said described line, and all utility easements over, under, across and along said street, all in Section 33, Township 50 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same is hereby vacated.

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; however, the ordinance shall not be recorded or released for recording until the Department of Public Works certifies that any public streetlights within the right of way have been removed or put on private meters.

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:

 

 

____________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

 

Approved by the City Plan Commission

 

 

____________________________________

Virginia Walsh, 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