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Legislation #: 110643 Introduction Date: 8/18/2011
Type: Ordinance Effective Date: 10/9/2011
Sponsor: COUNCILMEMBER FORD
Title: Vacating the west connection of N.W. 96th Street to U.S. 169 west of the westerly right of way of U.S. 169 to approximately 2200 west of the westerly right of way of U.S. 169, Kansas City, Clay County, Missouri, but retaining a utility easement; and directing the City Clerk to record certain documents. (1651-V)

Legislation History
DateMinutesDescription
8/18/2011 Filed by the Clerk's office
8/18/2011 Referred to Planning, Zoning & Economic Development Committee
9/28/2011 Advance and Do Pass as a Committee Substitute, Debate
9/29/2011 Passed as Substituted

View Attachments
FileTypeSizeDescription
110643.pdf Advertise Notice 40K Affidavit of Publication
110643 Recorded Documents.pdf Recorded Info 915K Recorded Documents
110643 Related Documents.pdf Related Documents 1609K Related Documents
Adv. 092811 Vacation.pdf Advertise Notice 8K Advertise Notice
C001651V_FACTSHT.xls Fact Sheet 79K Fact Sheet Revised
89008141-VacationMap-Simple.pdf Maps 7070K Exhibit
89008141-Vacation-J4U1165PublicMeetingBoard.pdf Exhibit 2848K Exhibit
89008141-NW96thVacationExhibit.pdf Maps 49K Exhibit

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110643

 

Vacating the west connection of N.W. 96th Street to U.S. 169 west of the westerly right of way of U.S. 169 to approximately 2200 west of the westerly right of way of U.S. 169, Kansas City, Clay County, Missouri, but retaining a utility easement; and directing the City Clerk to record certain documents. (1651-V)

 

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

 

WHEREAS, the City and MoDOT entered into a maintenance agreement executed by the City with Ordinance No. 47876 on July 5, 1977, and by the Commission on August 10, 1977; and

 

WHEREAS, the purpose of the agreement was to provide for adjustments and for City maintenance of streets adjusted, relocated, or reconstructed; and

 

WHEREAS, the agreement listed in Exhibit B-2, Job No. 4-U152-29D the location of the west connection of N.W. 96th Street to U.S. 169 in the southwest quarter of the southeast quarter and the southeast quarter of the southeast quarter of Section 34, Township 52 North, Range 33 West; and

 

WHEREAS, the City desired the modification of the west connection of N.W. 96th Street to U.S. 169 and approved the modification by amending the Major Street Plan with Ordinance No. 061235 which was passed on November 30, 2006; and

 

WHEREAS, right of way has been obtained for the west connection of N.W. 96th Street to U.S. 169 that follows the Major Street Plan alignment approved with Ordinance No. 061235; and

 

WHEREAS, the west connection of N.W. 96th Street to U.S. 169 was never constructed when Job No. 4-U152-29D was completed and excess right of way obtained for the City for Job No. 4-U152-29D is no longer needed for the west connection of N.W. 96th Street to U.S. 169; and

 

WHEREAS, no private rights will be unreasonably injured or endangered by the vacation of the west connection of N.W. 96th Street to U.S. 169 and the public will suffer no unreasonable loss or inconvenience thereby; and

 

WHEREAS, Committee Substitute for Ordinance No. 110544 authorized the Director of Public Works to enter into a municipal agreement with the Missouri Highways and Transportation Commission related to improvements to the U.S. 169 Corridor which provides City and federal funding to construct the new 96th Street interchange in 2012; 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 18th day of August, 2011, a petition was filed with the City Clerk of Kansas City by the Director of Public Works of Kansas City for the vacation of the west connection of N.W. 96th Street to U.S. 169, 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 roadway 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 minutes 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 connection of N.W. 96th Street to U.S. 169 west of the westerly right of way of U.S. 169 to approximately 2200 west of the westerly right of way of U.S. 169, Kansas City, Clay County, Missouri, is hereby vacated with said vacation being more particularly described as follows:

 

A tract of land in the Southeast Quarter of Section 34, Township 52 North, Range 33 West, of the 5th Principal Meridian in Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 34; thence South 89 degrees 29 minutes 36 seconds East, along the South line of said Southeast Quarter, 125.00 feet to the Point of Beginning of the tract of land to be herein described; thence North 00 degrees 37 minutes 55 seconds East, 75.48 feet to a point on the Northerly right-of-way line of Northeast 96th Street, as now established,; thence North 78 degrees 42 minutes 52 seconds East, along said right-of-way line 119.61 feet,; thence North 78 degrees 42 minutes 52 seconds East, continuing along said right-of-way line, 122.14 feet; thence Easterly, continuing along said right-of-way line, along a curve to the left, having an initial tangent bearing of South 89 degrees 28 minutes 27 seconds East, with a radius of 1,045.92 feet, a central angle of 35 degrees 10 minutes 17 seconds and an arc distance of 642.04 feet; thence North 54 degrees 56 minutes 48 seconds East, continuing along said right-of-way line, 702.59 feet; thence Easterly, continuing along said right-of-way line, along a curve to the right, having an initial tangent bearing of North 55 degrees 21 minutes 17 seconds East, with a radius of 1,250.92 feet, a central angle of 33 degrees 28 minutes 21 seconds and an arc distance of 730.79 feet; thence North 88 degrees 49 minutes 38 seconds East, continuing along said right-of-way line, 65.00 feet to a point on the Westerly right-of-way line of U.S. Highway No. 169, as now established; thence South 01 degrees 10 minutes 22 seconds East, along said right-of-way line, 215.00 feet to a point on the Southerly line of said Northeast 96th Street; thence South 88 degrees 49 minutes 38 seconds West, along said right-of-way line, 65.00 feet; thence Westerly, continuing along said right-of-way line, along a curve to the left, being tangent to the last described course, with a radius of 1,035.92 feet, a central angle of 33 degrees 28 minutes 21 seconds and an arc distance of 605.19 feet; thence South 46 degrees 57 minutes 04 seconds West, continuing along said right-of-way line, 187.56 feet to a point on the Easterly right-of-way line of Northeast 96th Street Connection, as now established; thence Southerly along said right-of-way line, along a curve to the right, having an initial tangent bearing of South 34 degrees 38 minutes 44 seconds East, with a radius of 346.48 feet, a central angle of 34 degrees 00 minutes 00 seconds and an arc distance of 205.61 feet; thence South 00 degrees 38 minutes 44 seconds East, continuing along said right-of-way line, 87.59 feet; thence South 43 degrees 47 minutes 53 seconds East continuing along said right-of-way line, 109.66 feet; thence South 00 degrees 38 minutes 44 seconds East, continuing along said right-of-way line, 35.68 feet to a point on the South line of said Southeast Quarter; thence North 89 degrees 29 minutes 36 seconds West, along said South line, 270.05 feet to a point on the Westerly right-of-way line of said Northeast 96th Street Connection; thence North 00 degrees 38 minutes 44 seconds West, along said right-of-way line, 40.24 feet; thence North 46 degrees 19 minutes 46 seconds East, continuing along said right-of-way line, 102.59 feet; thence North 00 degrees 38 minutes 44 seconds West, continuing along said right-of-way line 87.59 feet; thence Northerly, continuing along said right-of-way line, along a curve to the left, being tangent to the last described course, with a radius of 226.48 feet, a central angle of 34 degrees 00 minutes 00 seconds and an arc distance of 134.40 feet; thence North 78 degrees 31 minutes 04 seconds West, continuing along said right-of-way line, 86.57 feet to a point on the Southerly right-of-way line of said Northeast 96th Street; thence South 55 degrees 21 minutes 16 seconds West, along said right-of-way line, 230.00 feet; thence South 42 degrees 12 minutes 21 seconds West, continuing along said right-of-way line, 109.90 feet; thence South 56 degrees 25 minutes 41 seconds West, continuing along said right-of-way line, 46.70 feet; thence South 01 degrees 55 minutes 34 seconds West, continuing along said right-of-way line, 51.73 feet; thence South 88 degrees 21 minutes 36 seconds West, continuing along said right-of-way line, 92.43 feet; thence Southwesterly, continuing along said right-of-way line, along a curve to the right, having an initial tangent bearing of South 62 degrees 30 minutes 07 seconds West, with a radius of 1,245.92 feet, a central angle of 04 degrees 53 minutes 00 seconds and an arc distance of 106.19 feet to a point on the South line of said Southeast Quarter; thence North 89 degrees 29 minutes 36 seconds West, along said South line, 606.85 feet to the Point of Beginning; excluding that portion within 30 feet of the south line of Section 34, T52N, R33W.

 

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 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:

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

 

Approved by the City Plan Commission

___________________________________

Diane Binckley, Secretary

 


STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

 

On the _____ day of ___________________, 2011, 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. 2011, 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