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Legislation #: 180763 Introduction Date: 10/4/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating a portion of right-of-way from the east right-of-way line of Prospect Avenue to its terminus approximately 60 feet to the east and directing the City Clerk to record certain documents. (CD-ROW-2018-00110)

Legislation History
DateMinutesDescription
10/2/2018 Filed by the Clerk's office
10/4/2018 Referred to Planning, Zoning & Economic Development Committee
10/10/2018 Advance and Do Pass, Debate
10/11/2018 Passed

View Attachments
FileTypeSizeDescription
180763-Recorded Information.pdf Recorded Info 186K Recorded Informaion
180763.pdf Authenticated 128K Authentication
10-10-2018_PZE.pptx Other 48532K * PowerPoint Presentation
CD-ROW-2018-00110_Staff Report_09-18-18.pdf Staff Report 117K Staff Report
CD-ROW-2018-00110_DocketMap.pdf Maps 526K Docket Map
Legal Description.pdf Legal Description 254K Legal Description
CD-ROW-2018-00110_Fact_Sheet.pdf Fact Sheet 476K Fact Sheet
CD-ROW-2018-00110_ORD_REQUEST.doc Request for Ordinance 31K Ordinance Request
* - Attachment is too large for LiveWeb to display.

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ORDINANCE NO. 180763

 

Vacating a portion of right-of-way from the east right-of-way line of Prospect Avenue to its terminus approximately 60 feet to the east and directing the City Clerk to record certain documents. (CD-ROW-2018-00110)

 

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 3rd day of August, 2018, a petition was filed with the City Clerk of Kansas City by Rick Ramsey of Ramsey Investments, Inc., for the vacation of the 50 foot right of way of 50th Street lying east of the east right-of-way line of Prospect Avenue and west of the west right-of-way line of Bruce R. Watkins Drive, Kansas City, Jackson County Missouri. also described as: Beginning at the southwest corner of Lot 120 Lebanon, a subdivision in Kansas City, Jackson County, Missouri, thence South 87 degrees 09 minutes 05 seconds East along the north right-of-way line of 50th Street for 33.09 feet to the west right-of-way line of Bruce R. Watkins Drive; thence South 21 degrees 29 minutes 00 seconds East along said west line for 54.87 feet; thence North 87 degrees 09 minutes 05 seconds West along the south right-of-way line of 50th Street for 55.28 feet; thence North 2 degrees 22 minutes 17 seconds West along the east right-of-way line of Prospect Avenue (80’r/w) for 50.00 feet to the point of beginning, containing 2,209 square feet, giving the distinct description of the 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 the consent of the persons and corporations owning or claiming to own three-fourths of the front feet of the property immediately adjoining said 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 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 50 foot right of way of 50th Street lying east of the east right-of-way line of Prospect Avenue and west of the west right-of-way line of Bruce R. Watkins Drive, Kansas City, Jackson County Missouri. also described as: Beginning at the southwest corner of Lot 120 Lebanon, a subdivision in Kansas City, Jackson County, Missouri, thence South 87 degrees 09 minutes 05 seconds East along the north right-of-way line of 50th Street for 33.09 feet to the west right-of-way line of Bruce R. Watkins Drive; thence South 21 degrees 29 minutes 00 seconds East along said west line for 54.87 feet; thence North 87 degrees 09 minutes 05 seconds West along the south right-of-way line of 50th Street for 55.28 feet; thence North 2 degrees 22 minutes 17 seconds West along the east right-of-way line of Prospect Avenue (80’r/w) for 50.00 feet to the point of beginning, containing 2,209 square feet, 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. A full-width utility easement is retained and all existing Kansas City, Missouri water facilities are protected prior to the recording of this vacation and all streetlight facilities are protected and retained.

 

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.

 

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:

 

 

____________________________________

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