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Legislation #: 970232 Introduction Date: 3/6/1997
Type: Ordinance Effective Date: 3/3/1997
Sponsor: None
Title: Vacating certain portions of N.E. Shady Lane between N. Jackson Avenue and N. Brighton Avenue and all utility easements over, under, along and across said street right of way in Kansas City, Clay County, Missouri. (1245-V)

Legislation History
DateMinutesDescription
3/6/1997

Prepare to Introduce

3/6/1997

Referred Planning, Zoning & Economic Development Committee

3/12/1997

Do Pass

3/13/1997

Assigned to Third Read Calendar

3/20/1997

Passed


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ORDINANCE NO. 970232

 

Vacating certain portions of N.E. Shady Lane between N. Jackson Avenue and N. Brighton Avenue and all utility easements over, under, along and across said street right of way in Kansas City, Clay County, Missouri. (1245-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 17th day of January, 1997, a petition was filed with the City Clerk of Kansas City by J.A. Peterson Enterprises, Inc., for the vacation of street right of way located on the north side of N.E. Shady Lane between N. Jackson Avenue and N. Brighton Avenue described as follows: A tract of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0 15'12" East, along the west line of said Northwest Quarter, 1125.39 feet; thence South 89 44'48" East, 415.59 feet to a point on the north right of way line of N.E. Shady Lane, as now established, said point being also the true point of beginning of the tract to be herein described; thence northerly, along a curve to the left, having an initial tangent bearing of North 43 00'00" East, a radius of 15.00 feet, an arc distance of 23.56 feet; thence North 43 00'00 East, 1.71 feet; thence southeasterly, along a curve to the left, having an initial tangent bearing of South 39 41'30" East, radius of 210.00 feet, an arc distance of 1.79 feet; thence southerly, along a curve to the right, having a common tangent with the last described course, a radius of 15.00 feet, an arc distance of 21.78 feet; thence South 43 00'00" West, 1.59 feet to the true point of beginning; and also, a tract of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0 15'12" East, along the west line of said Northwest Quarter, 1332.55 feet; thence South 89 44'48" East, 632.02 feet to a point on the north right of way line of N.E. Shady Lane, as now established, said point being also the true point of beginning of the tract to be herein described; thence northerly, along a curve to the left, having an initial tangent bearing of North 61 29'32" East, a radius of 15.00 feet, an arc distance of 21.94 feet; thence North 67 41'55" East, 29.37 feet; thence South 8 29'10" East, 1.61 feet; thence southerly, along a curve to the right, tangent to the last described course, having a radius of 15.00 feet, an arc distance of 19.52 feet; thence southwesterly, along a curve to the left, having a common tangent with the last described course, a radius of 355.00 feet, an arc distance of 28.30 feet to the true point of beginning; and also, a tract of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southwest corner of said Northwest Quarter; thence South 89 34'16" East, along the south line of said Northwest Quarter, 1679.04 feet; thence North 0 25'44" East, 1087.95 feet to a point on the north right of way line of N.E. Shady Lane, as now established, said point being also the true point of beginning of the tract to be herein described; thence northeasterly, along a curve to the left, having an initial tangent bearing of South 70 00'00" East, a radius of 15.00 feet, an arc distance of 23.56 feet; thence South 70 00'00" East, 50.00 feet; thence southeasterly, along a curve to the left, having an initial tangent bearing of South 20 00'00" West, a radius of 15.00 feet, an arc distance of 23.56 feet; thence North 70 00'00" West, 80.00 feet to the true point of beginning; and all utility easements over, under, along and across all of the above street rights of way, giving the distinct description of the street right of way 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 for twenty (20) days 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 right of way 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 street right of way located on the north side of N.E. Shady Lane between N. Jackson Avenue and N. Brighton Avenue described as follows: A tract of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0 15'12" East, along the west line of said Northwest Quarter, 1125.39 feet; thence South 89 44'48" East, 415.59 feet to a point on the north right of way line of N.E. Shady Lane, as now established, said point being also the true point of beginning of the tract to be herein described; thence northerly, along a curve to the left, having an initial tangent bearing of North 43 00'00" East, a radius of 15.00 feet, an arc distance of 23.56 feet; thence North 43 00'00 East, 1.71 feet; thence southeasterly, along a curve to the left, having an initial tangent bearing of South 39 41'30" East, radius of 210.00 feet, an arc distance of 1.79 feet; thence southerly, along a curve to the right, having a common tangent with the last described course, a radius of 15.00 feet, an arc distance of 21.78 feet; thence South 43 00'00" West, 1.59 feet to the true point of beginning; and also, a tract of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0 15'12" East, along the west line of said Northwest Quarter, 1332.55 feet; thence South 89 44'48" East, 632.02 feet to a point on the north right of way line of N.E. Shady Lane, as now established, said point being also the true point of beginning of the tract to be herein described; thence northerly, along a curve to the left, having an initial tangent bearing of North 61 29'32" East, a radius of 15.00 feet, an arc distance of 21.94 feet; thence North 67 41'55" East, 29.37 feet; thence South 8 29'10" East, 1.61 feet; thence southerly, along a curve to the right, tangent to the last described course, having a radius of 15.00 feet, an arc distance of 19.52 feet; thence southwesterly, along a curve to the left, having a common tangent with the last described course, a radius of 355.00 feet, an arc distance of 28.30 feet to the true point of beginning; and also, a tract of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southwest corner of said Northwest Quarter; thence South 89 34'16" East, along the south line of said Northwest Quarter, 1679.04 feet; thence North 0 25'44" East, 1087.95 feet to a point on the north right of way line of N.E. Shady Lane, as now established, said point being also the true point of beginning of the tract to be herein described; thence northeasterly, along a curve to the left, having an initial tangent bearing of South 70 00'00" East, a radius of 15.00 feet, an arc distance of 23.56 feet; thence South 70 00'00" East, 50.00 feet; thence southeasterly, along a curve to the left, having an initial tangent bearing of South 20 00'00" West, a radius of 15.00 feet, an arc distance of 23.56 feet; thence North 70 00'00" West, 80.00 feet to the true point of beginning; and all utility easements over, under, along and across all of the above street rights of way, be and the same is hereby vacated.

 

Section 4. 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 5. 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:

 

 

____________________________________

Assistant City Attorney

 

 

STATE OF MISSOURI ) ) ss.

COUNTY OF ________ )

 

On the _________ day of ______________________, 19___, 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 _________________________, 19____.

 

 

 

____________________________________

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. 19____, 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