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