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Legislation #: 190127 Introduction Date: 2/7/2019
Type: Ordinance Effective Date: 3/22/2019
Sponsor: COUNCILMEMBER SHIELDS
Title: Vacating a portion of Jefferson Street between 47th Street and 48th Street and directing the City Clerk to record certain documents; reducing the contingent appropriation in the amount of $10,000.00; appropriating $10,000.00 from the Unappropriated Fund Balance of the General Fund for the purpose of educating patrons and residents of the Country Club Plaza about the Nordstrom store to be located at 4720 Jefferson Street, including design, access issues, and construction timelines; and recognizing this ordinance as having an accelerated effective date. (CD-ROW-2018-00120)

Legislation History
DateMinutesDescription
2/7/2019 Filed by the Clerk's office
2/7/2019 Referred to Planning, Zoning & Economic Development Committee
2/13/2019 Advance and Do Pass as a Committee Substitute, Debate
2/14/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190127.pdf Other 252K Authenticated Ordinance
190127.Recorded Information.pdf Recorded Info 247K Recorded Information
02-13-19_PZE Zach Nelson.pptx Other 7119K City Planning Presentation
190127 cs to org ord-com.docx Compared Version 25K Colored Compared Version

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190127

 

Vacating a portion of Jefferson Street between 47th Street and 48th Street and directing the City Clerk to record certain documents; reducing the contingent appropriation in the amount of $10,000.00; appropriating $10,000.00 from the Unappropriated Fund Balance of the General Fund for the purpose of educating patrons and residents of the Country Club Plaza about the Nordstrom store to be located at 4720 Jefferson Street, including design, access issues, and construction timelines; and recognizing this ordinance as having an accelerated effective date. (CD-ROW-2018-00120)

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 17th day of January, a petition was filed with the City Clerk of Kansas City by Chris B. Heaphy of Country Club Plaza JV, LLC, for the vacation of a portion of the right of way of Jefferson Street lying south of the south right-of-way line of 47th Street and north of the north right-of-way line of 48th Street, Kansas City, Jackson County Missouri, also described as:

 

A tract of land in part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49 North, Range 33 West of the 5th Principal Meridian and part of Lots 12, through 16 inclusive, Penn Park, a subdivision of land recorded in Plat Book 13 at Page 42, and including part of vacated Jefferson Street all in Kansas City, Jackson County, Missouri, being bounded and described as follows: Commencing at the Southwest corner of said Lot 35; thence South 87 degrees 29 minutes 00 seconds East, along the South line of Lots 28 and 35 said Penn Park and their Easterly prolongation, 317.59 feet to the point of beginning of the tract of land to be herein described; thence North 17 degrees 10 minutes 26 seconds East, 59.71 feet; thence Northerly, along a curve to the left, being tangent to the last described course with a radius of 1,200.00 feet, a central angle of 13 degrees 12 minutes 58 seconds and an arc distance of 276.96 feet; thence North 89 degrees 45 minutes 17 seconds East, 12.62 feet; thence South 33 degrees 04 minutes 14 seconds East, 37.49 feet; thence South 01 degrees 04 minutes 00 seconds West, 108.48 feet; thence Southerly, along a curve to the right, being tangent to the last described course with a radius of 278.00 feet, a central angle of 5 degrees 40 minutes 57 seconds and an arc distance of 27.57 feet; thence South 17 degrees 27 minutes 15 seconds West, 140.16 feet; thence Southerly, along a curve to the right, being tangent to the last described course with a radius of 278.00 feet, a central angle of 06 degrees 39 minutes 55 seconds and an arc distance of 32.34 feet to a point on the South line of said Lot 12; thence North 87 degrees 29 minutes 00 seconds West, along the South line of said Lot 12 and it's Westerly prolongation, 38.92 feet to the point of beginning. Containing 13,531 square feet or 0.31 acres, more or less.

 

Such petition gave 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 a tract of land in part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49 North, Range 33 West of the 5th Principal Meridian and part of Lots 12, through 16 inclusive, Penn Park, a subdivision of land recorded in Plat Book 13 at Page 42, and including part of vacated Jefferson Street all in Kansas City, Jackson County, Missouri, being bounded and described as follows: Commencing at the Southwest corner of said Lot 35; thence South 87 degrees 29 minutes 00 seconds East, along the South line of Lots 28 and 35 said Penn Park and their Easterly prolongation, 317.59 feet to the point of beginning of the tract of land to be herein described; thence North 17 degrees 10 minutes 26 seconds East, 59.71 feet; thence Northerly, along a curve to the left, being tangent to the last described course with a radius of 1,200.00 feet, a central angle of 13 degrees 12 minutes 58 seconds and an arc distance of 276.96 feet; thence North 89 degrees 45 minutes 17 seconds East, 12.62 feet; thence South 33 degrees 04 minutes 14 seconds East, 37.49 feet; thence South 01 degrees 04 minutes 00 seconds West, 108.48 feet; thence Southerly, along a curve to the right, being tangent to the last described course with a radius of 278.00 feet, a central angle of 5 degrees 40 minutes 57 seconds and an arc distance of 27.57 feet; thence South 17 degrees 27 minutes 15 seconds West, 140.16 feet; thence Southerly, along a curve to the right, being tangent to the last described course with a radius of 278.00 feet, a central angle of 06 degrees 39 minutes 55 seconds and an arc distance of 32.34 feet to a point on the South line of said Lot 12; thence North 87 degrees 29 minutes 00 seconds West, along the South line of said Lot 12 and it's Westerly prolongation, 38.92 feet to the point of beginning. Containing 13,531 square feet or 0.31 acres, more or less, be and the same is hereby vacated, subject to the following conditions:

 

a. That public water main plans be reviewed by the City’s Water Services Department prior to the recording of this ordinance.

 

b. That all Charter Spectrum utilities be relocated at the cost of the applicant.

 

c. That if any or all of the KCP&L utilities within are to be vacated will not be needed with the previously approved development plan, KCP&L agrees to vacate these facilities.

 

d. The applicant must submit plans for refeed of light poles SAH1721 and SAH1722.

 

e. The applicant must submit a photometric plan to prove sufficient light levels in the area where lighting will be removed.

 

f. All lighting to be removed must be returned to City maintenance contractor Black & McDonald representative, Jennifer Mathis. The vacation will directly impact SAH1711, SAH1665, SAH1712 and possibly SAH1713.

 

g. That AT&T will vacate all facilities in the subject area at a cost of $70,000.00 to be paid for by the applicant.

 

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. That the appropriation in the following account of the General Fund is hereby reduced by the following amount:

 

19-1000-179990-B Contingent Appropriation $10,000.00

Section 7. That the sum of $10,000.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund to the following account for the purpose of educating patrons and residents of the Country Club Plaza about the Nordstrom store to be located at 4720 Jefferson Street, including design, access issues, and construction timelines:

 

19-1000-642500-B-619080 Development Services $10,000.00

 

Section 8. This ordinance, relating to the appropriation of money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with that section.

 

Section 9. All Ordinances or parts of Ordinances in conflict with this Ordinance are, in so much as they conflict with this Ordinance, hereby repealed.

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

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