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Legislation #: 190063 Introduction Date: 1/24/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating a portion of the Lindenman Addition Plat, generally located south of N.E. 41st Street and west of N Arlington Avenue, all in Kansas City, Clay County, Missouri; and directing the City Clerk to record certain documents. (CD-ROW-2019-00002, previously 1746-V)

Legislation History
DateMinutesDescription
1/24/2019 Filed by the Clerk's office
1/24/2019 Referred to Planning, Zoning & Economic Development Committee
1/30/2019 Advance and Do Pass, Debate
2/7/2019 Passed

View Attachments
FileTypeSizeDescription
190063.pdf Recorded Info 366K Recorded Information
Ordinance 190063.pdf Authenticated 281K Authenticated
190063 Planning, Zoning Economic Development Committee.pptx Other 5802K Presentation
190063 Ord Request.pdf Other 18K Ordinance Request
190063 Fact Sheet.pdf Fact Sheet 479K Fact Sheet
Sewer Easement_bk8161pg124.pdf Other 141K Sewer Easement
KCPL Easement_BK8161PG123.pdf Other 235K KCP&L Easement
AT T Easement_bk8161pg125.pdf Other 266K AT&T Easement
CD-ROW-2019-00002_Staff Report.pdf Staff Report 136K Staff Report
Site Plan.pdf Plan 8213K Site Plan
Exhibit A.pdf Maps 1096K Docket Map

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ORDINANCE NO. 190063

 

Vacating a portion of the Lindenman Addition Plat, generally located south of N.E. 41st Street and west of N Arlington Avenue, all in Kansas City, Clay County, Missouri; and directing the City Clerk to record certain documents. (CD-ROW-2019-00002, previously 1746-V)

 

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 4th day of May, 2017, a petition was filed with the City Clerk of Kansas City by Jed Baughman Olsson and Associates for the vacation of all that part of Lots 51 thru 149 inclusive, Reserve Tracts 2 and 3, along with adjacent streets and alleys, Lindeman, a subdivision in the Northeast Quarter of Section 11, Township 50 North, Range 32 West, of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 89 degrees 15 minutes 42 seconds East, along the North line of said Northeast Quarter, 338.38 feet to a point on the West right-of-way line of N. Arlington Avenue, as now established; thence Southerly, along said West right-of-way line, along a curve to the left, having an initial tangent bearing of South 15 degrees 12 minutes 58 seconds East, with a radius of 840.00 feet, a central angle of 17 degrees 57 minutes 06 seconds and an arc distance of 263.19 feet; thence South 33 degrees 10 minutes 04 seconds East, continuing along said West right-of-way line, 584.11 feet; thence Southeasterly, continuing along said West right-of-way line, along a curve to the left, having a common tangent with the last described course, with a radius of 2,040.00 feet, a central angle of 07 degrees 49 minutes 12 seconds and an arc distance of 278.43 feet; thence South 39 degrees 26 minutes 34 seconds East, continuing along said West right-of-way line, 38.25 feet; thence South 39 degrees 57 minutes 17 seconds East, continuing along said West right-of-way line, 67.61 feet; thence South 39 degrees 57 minutes 27 seconds East, continuing along said West right-of-way line, 30.00 feet; thence South 42 degrees 04 minutes 39 seconds East, continuing along said West right-of-way line, 48.70 feet; thence Southeasterly, continuing along said West right-of-way line, along a curve to the right, having a common tangent with the last described course, with a radius of 755.00 feet, a central angle of 01 degree 37 minutes 13 seconds and an arc distance of 21.35 feet to a point on the North right-of-way line of Burlington Northern Railroad, as now established; thence South 47 degrees 51 minutes 24 seconds West, along said North right-of-way line, 792.34 feet; thence Southwesterly, continuing along said North right-of-way line, along a curve to the right, having a common tangent with the last described course, with a radius of 2,675.48 feet, a central angle of 12 degrees 56 minutes 04 seconds and an arc distance of 603.99 feet to a point on the West line of said Northeast Quarter; thence North 00 degrees 17 minutes 48 seconds East, along said West line, 1,994.09 feet to the point of beginning, containing 1,243,255 square feet or 28.54 acres, more or less. All lying above elevation 700 (NAVD 88), giving the distinct description of the streets and alleys 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 streets and alleys 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 all that part of Lots 51 thru 149 inclusive, Reserve Tracts 2 and 3, along with adjacent streets and alleys, Lindeman, a subdivision in the Northeast Quarter of Section 11, Township 50 North, Range 32 West, of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 89 degrees 15 minutes 42 seconds East, along the North line of said Northeast Quarter, 338.38 feet to a point on the West right-of-way line of N. Arlington Avenue, as now established; thence Southerly, along said West right-of-way line, along a curve to the left, having an initial tangent bearing of South 15 degrees 12 minutes 58 seconds East, with a radius of 840.00 feet, a central angle of 17 degrees 57 minutes 06 seconds and an arc distance of 263.19 feet; thence South 33 degrees 10 minutes 04 seconds East, continuing along said West right-of-way line, 584.11 feet; thence Southeasterly, continuing along said West right-of-way line, along a curve to the left, having a common tangent with the last described course, with a radius of 2,040.00 feet, a central angle of 07 degrees 49 minutes 12 seconds and an arc distance of 278.43 feet; thence South 39 degrees 26 minutes 34 seconds East, continuing along said West right-of-way line, 38.25 feet; thence South 39 degrees 57 minutes 17 seconds East, continuing along said West right-of-way line, 67.61 feet; thence South 39 degrees 57 minutes 27 seconds East, continuing along said West right-of-way line, 30.00 feet; thence South 42 degrees 04 minutes 39 seconds East, continuing along said West right-of-way line, 48.70 feet; thence Southeasterly, continuing along said West right-of-way line, along a curve to the right, having a common tangent with the last described course, with a radius of 755.00 feet, a central angle of 01 degree 37 minutes 13 seconds and an arc distance of 21.35 feet to a point on the North right-of-way line of Burlington Northern Railroad, as now established; thence South 47 degrees 51 minutes 24 seconds West, along said North right-of-way line, 792.34 feet; thence Southwesterly, continuing along said North right-of-way line, along a curve to the right, having a common tangent with the last described course, with a radius of 2,675.48 feet, a central angle of 12 degrees 56 minutes 04 seconds and an arc distance of 603.99 feet to a point on the West line of said Northeast Quarter; thence North 00 degrees 17 minutes 48 seconds East, along said West line, 1,994.09 feet to the point of beginning, containing 1,243,255 square feet or 28.54 acres, more or less. All lying above elevation 700 (NAVD 88), 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. That all required utility easements are recorded prior to City Council approval and an additional 7.5 feet of easement along the western edge of the existing easement is granted to the Water Services Department. The easement shall be from the point where the sewer enters the area to be vacated to the point where the sewer exits the area to be vacated. That an additional easement to the western right-of-way line of N. Arlington Avenue (the east side of the main) in order to prevent any gaps between the easement and right-of-way.

 

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

 

____________________________________

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