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Legislation #: 060614 Introduction Date: 6/1/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER XBARNES
Title: Vacating certain portions of Broadway Boulevard lying north and south of 22nd Street, Kansas City, Jackson County, Missouri, reserving certain easements, and directing the City Clerk to record certain documents. (1518-V).

Legislation History
DateMinutesDescription
6/1/2006 Filed by the Clerk's office
6/1/2006 Referred to Planning, Zoning & Economic Development Committee
6/7/2006 Advance and Do Pass as a Committee Substitute, Consent
6/8/2006 Passed as Substituted

View Attachments
FileTypeSizeDescription
060614.pdf Recorded Info 174K Recorded Ordinance
060614.pdf Authenticated 157K Authenticated
060614 fact sheet.xls Fact Sheet 56K Fact Sheet
060614 staff report.doc Staff Report 40K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060614

Vacating certain portions of Broadway Boulevard lying north and south of 22nd Street, Kansas City, Jackson County, Missouri, reserving certain easements, and directing the City Clerk to record certain documents. (1518-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 20th day of April, 2006, a petition was filed with the City Clerk of Kansas City by Chouteau Properties, Inc., for the vacation of all that part of the east 40 feet of Broadway Boulevard lying north of the south line of the north half of Section 8, Township 49 North, Range 33 West, and lying south of the following described line: Commencing at the southwest corner of Lot 16, Block 25, Goodrich Addition, said point also being on the east right of way line of said Broadway Boulevard; thence N 0227'28" E along said east right of way line a distance of 73.02 feet to the point of beginning of said line; thence N 8732'32" W a distance of 40 feet to the centerline of said Broadway Boulevard, said point being the terminus of said line; except a 50 foot strip of said Broadway Boulevard being 25 feet on each side of the following described centerline: commencing at the southwest corner of said Lot 16; thence S 0227'28" W along the southerly prolongation of the west line of said Lot 16 a distance of 23.39 feet to the point of beginning of said centerline; thence S 6112'01" W along said centerline a distance of 11.20 feet to the beginning of a curve concave to the southeast having a radius of 98.67 feet; thence southwesterly 66.11 feet along said curve through a central angle of 38? 23' 18"; thence S 2248'43" W along said centerline a distance of 49.45 feet to the beginning of a curve concave to the northwest having a radius of 101.33 feet; thence southwesterly 25.76 feet along said curve through a central angle of 1434'02" to the west right of way line of said Broadway Boulevard as it now exists, said point being the terminus of said centerline, all in Section 8, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, giving the distinct description of the street 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 a period of 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 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 right-of-way as legally described above in Section 1 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, landscaping and fences) without first securing the written approval of the Director of Public Works. The City of Kansas City also reserves the right to go upon the above-described property to construct, maintain and repair any retaining walls or overhangs within the abutting public right of way.

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 Jackson 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:

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

 

Approved by the City Plan Commission

 

____________________________________

Charles Myers, Chairman

 

 STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _________ day of ______________________, 200__, 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.

 

____________________________________

Notary Public within and for

County, Missouri

 

My term expires: __________________________

 

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. 200___, 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