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Legislation #: 180760 Introduction Date: 10/4/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating several plats generally located on the north and south sides of Stadium Drive between Interstate 435 to the west and Interstate 70 to the east; and directing the City Clerk to record certain documents. (CD-ROW-2018-00112)

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 as a Committee Substitute, Debate
10/11/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180760.pdf Authenticated 334K Authentication
10-10-2018_PZE.pptx Other 48532K * PowerPresentation
CD-ROW-2018-00112_ORD_REQUEST.doc Request for Ordinance 38K Revised Ord. Request
108428-03 SOUTH DESCRIPTION.DOCX Legal Description 33K Legal Description
CD-ROW-2018-00112_DocketMap 9-18-18.pdf Maps 787K Docket Map
108428-03 NORTH DESCRIPTION_Rev.pdf Legal Description 130K Legal Description
C001763V_Staff Report_9-18-18.pdf Staff Report 195K Staff Report
North of Stadium Drive_Revised.pdf Other 865K Site Plan
CD-ROW-2018-00112_Fact_Sheet.pdf Fact Sheet 478K Fact Sheet
* - Attachment is too large for LiveWeb to display.

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180760

 

Vacating several plats generally located on the north and south sides of Stadium Drive between Interstate 435 to the west and Interstate 70 to the east; and directing the City Clerk to record certain documents. (CD-ROW-2018-00112)

 

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 20th day of April, 2018, a petition was filed with the City Clerk of Kansas City by Jackson County Sports Complex Authority for the vacation of a tract of land situated in the Northwest Quarter of Section 19, Township 49 North, Range 32 West, being all that part of Lots 1-19, 24-29 and 34-35 Leedsmoore Gardens; and all that part of Lots 20-28 and 58-59, Cunningham Ridge; and all that part of Lots 1-11 and 13, Fairview Acres, all subdivisions according to the recorded plats thereof, including that part of Leeds Road, Donnelly Avenue, Booth Avenue, Marsh Avenue, Larson Street, Smalley Avenue and Skiles Avenue, together with all of that part in Section 19, Township 49, Range 32 in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of the Northwest corner of aforesaid Section 19, thence South 86 degrees 40 minutes 33 seconds East, along the South line the Northwest Quarter of said Section 19, a distance of 840.10 feet to a point on the Southeasterly right-of-way of US Interstate 435, as now established; thence the following courses and distances along the Southeasterly right-of-way of said US Interstate 435; thence North 44 degrees 26 minutes 02 seconds East, 529.93 feet; thence North 53 degrees 20 minutes 16 seconds East, 127.52 feet; thence North 84 degrees 24 minutes 13 seconds East, 612.35 feet; thence North 00 degrees 30 minutes 01 seconds West, 113.22 feet to the point of beginning of the tract of land to be herein described; thence continuing along the Southeasterly right-of-way of said US Interstate 435, North 00 degrees 30 minutes 01 seconds West, 8.78 feet; thence North 71 degrees 05 minutes 09 seconds West, 245.41 feet; thence North 05 degrees 23 minutes 22 seconds East, 153.84 feet; thence North 44 degrees 28 minutes 47 seconds East, 75.00 feet; thence North 69 degrees 20 minutes 36 seconds East, 451.88 feet; thence North 77 degrees 38 minutes 00 seconds East, 296.22 feet to a point on the Southeasterly right-of-way of US Interstate 70, as now established; thence departing from the Southeasterly right-of-way of said US Interstate 435, the following courses and distances along the Southeasterly right-of-way of said US Interstate 70; thence South 87 degrees 01 minutes 38 seconds East, 510.31 feet; thence South 87 degrees 16 minutes 23 seconds East, 136.22 feet; thence South 50 degrees 19 minutes 40 seconds East, 449.25 feet; thence South 70 degrees 29 minutes 34 seconds East, 514.81 feet; thence North 69 degrees 28 minutes 36 seconds East, 204.99 feet; thence South 42 degrees 35 minutes 46 seconds East, 86.93 feet; thence departing from the Southeasterly right-of-way of said US Interstate 70, South 49 degrees 57 minutes 42 seconds West, 144.88 feet; thence along a curve to the right, tangent to the last described course, having a radius of 542.00 feet, a central angle of 27 degrees 46 minutes 32 seconds and an arc distance of 262.75 feet to a point of compound curvature; thence along a curve to the right, having a radius of 650.00 feet, a central angle of 8 degrees 48 minutes 53 seconds and an arc distance of 100.00 feet to a point of compound curvature; thence along a curve to the right, having a radius of 385.00 feet, a central angle of 18 degrees 48 minutes 10 seconds and an arc distance of 126.35 feet; thence North 77 degrees 06 minutes 43 seconds West, tangent to the last described course, 555.39 feet to a point of curvature; thence along a curve to the left, having a radius of 2936.00 feet, a central angle of 13 degrees 27 minutes 52 seconds and an arc distance of 689.95 feet; thence South 89 degrees 31 minutes 41 seconds West, tangent to the last described course, 485.61 feet to the point of beginning, containing 976,287 square feet or 22.412 acres more or less, and a tract of land situate in the Northwest Quarter of Section 19, Township 49 North, Range 32 West, being all that part of Lots 1-8, Leedsmoore Gardens; and all that part of Lots 22-25, Cunningham Ridge, all subdivisions according to the recorded plats thereof, including that part of Leeds Road, Donnelly Avenue and Booth Avenue, together with all of that part in Section 19, Township 49, Range 32 in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of the Northwest corner of aforesaid Section 19, thence South 86 degrees 40 minutes 33 seconds East, along the South line the Northwest Quarter of said Section 19, a distance of 840.10 feet to a point on the Southeasterly right-of-way of US Interstate 435, as now established; thence the following courses and distances along the Southeasterly right-of-way of said US Interstate 435; thence North 44 degrees 26 minutes 02 seconds East, 529.93 feet; thence North 53 degrees 20 minutes 16 seconds East, 127.52 feet; thence North 84 degrees 24 minutes 13 seconds East, 612.35 feet; thence North 00 degrees 30 minutes 01 seconds West, 49.00 feet; thence departing from the Southeasterly right-of-way of said US Interstate 435; thence North 89 degrees 29 minutes 59 seconds East, 281.41 feet to the point of beginning of the Tract of land to be herein described; thence continuing North 89 degrees 29 minutes 59 seconds East, 208.63 feet; thence along a curve to the right, tangent to the last described course, having a radius of 2,838.79 feet, a central angle of 13 degrees 22 minutes 36 seconds and an arc length of 662.76 feet; thence South 77 degrees 07 minutes 25 seconds East, 502.46 feet; thence along a curve to the left, tangent to the last described course, having a radius of 629.11 feet, a central angle of 52 degrees 42 minutes 08 seconds and an arc distance of 578.68 feet; thence North 50 degrees 10 minutes 27 seconds East, 86.79 feet; thence South 39 degrees 47 minutes 29 seconds East, 219.39 feet; thence South 62 degrees 44 minutes 18 seconds West, 182.38 feet; thence along a curve to the right, tangent to the last described course, having a radius of 2,322.00 feet, a central angle of 04 degrees 47 minutes 00 seconds and an arc distance of 193.85 feet; thence South 67 degrees 31 minutes 18 seconds West, 51.91 feet; thence along a curve to the right, tangent to the last described course, having a radius of 746.80 feet, a central angle of 15 degrees 02 minutes 00 seconds and an arc distance of 195.95 feet; thence South 82 degrees 33 minutes 18 seconds West, 200.27 feet; thence along a curve to the right, tangent to the last described course, having a radius of 508.34 feet, a central angle of 36 degrees 46 minutes 00 seconds and an arc distance of 326.20 feet; thence North 60 degrees 40 minutes 42 seconds West, 662.00 feet; thence along a curve to the left, tangent to the last described course, having a radius of 289.60 feet, a central angle of 28 degrees 40 minutes 00 seconds and an arc distance of 144.89 feet; thence North 89 degrees 20 minutes 42 seconds West, 302.29 feet to the point of beginning, containing 328,184 square feet or 7.534, acres more or less, giving the distinct description of the tract of land 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 tract of land 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 situated in the Northwest Quarter of Section 19, Township 49 North, Range 32 West, being all that part of Lots 1-19, 24-29 and 34-35 Leedsmoore Gardens; and all that part of Lots 20-28 and 58-59, Cunningham Ridge; and all that part of Lots 1-11 and 13, Fairview Acres, all subdivisions according to the recorded plats thereof, including that part of Leeds Road, Donnelly Avenue, Booth Avenue, Marsh Avenue, Larson Street, Smalley Avenue and Skiles Avenue, together with all of that part in Section 19, Township 49, Range 32 in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of the Northwest corner of aforesaid Section 19, thence South 86 degrees 40 minutes 33 seconds East, along the South line the Northwest Quarter of said Section 19, a distance of 840.10 feet to a point on the Southeasterly right-of-way of US Interstate 435, as now established; thence the following courses and distances along the Southeasterly right-of-way of said US Interstate 435; thence North 44 degrees 26 minutes 02 seconds East, 529.93 feet; thence North 53 degrees 20 minutes 16 seconds East, 127.52 feet; thence North 84 degrees 24 minutes 13 seconds East, 612.35 feet; thence North 00 degrees 30 minutes 01 seconds West, 113.22 feet to the point of beginning of the tract of land to be herein described; thence continuing along the Southeasterly right-of-way of said US Interstate 435, North 00 degrees 30 minutes 01 seconds West, 8.78 feet; thence North 71 degrees 05 minutes 09 seconds West, 245.41 feet; thence North 05 degrees 23 minutes 22 seconds East, 153.84 feet; thence North 44 degrees 28 minutes 47 seconds East, 75.00 feet; thence North 69 degrees 20 minutes 36 seconds East, 451.88 feet; thence North 77 degrees 38 minutes 00 seconds East, 296.22 feet to a point on the Southeasterly right-of-way of US Interstate 70, as now established; thence departing from the Southeasterly right-of-way of said US Interstate 435, the following courses and distances along the Southeasterly right-of-way of said US Interstate 70; thence South 87 degrees 01 minutes 38 seconds East, 510.31 feet; thence South 87 degrees 16 minutes 23 seconds East, 136.22 feet; thence South 50 degrees 19 minutes 40 seconds East, 449.25 feet; thence South 70 degrees 29 minutes 34 seconds East, 514.81 feet; thence North 69 degrees 28 minutes 36 seconds East, 204.99 feet; thence South 42 degrees 35 minutes 46 seconds East, 86.93 feet; thence departing from the Southeasterly right-of-way of said US Interstate 70, South 49 degrees 57 minutes 42 seconds West, 144.88 feet; thence along a curve to the right, tangent to the last described course, having a radius of 542.00 feet, a central angle of 27 degrees 46 minutes 32 seconds and an arc distance of 262.75 feet to a point of compound curvature; thence along a curve to the right, having a radius of 650.00 feet, a central angle of 8 degrees 48 minutes 53 seconds and an arc distance of 100.00 feet to a point of compound curvature; thence along a curve to the right, having a radius of 385.00 feet, a central angle of 18 degrees 48 minutes 10 seconds and an arc distance of 126.35 feet; thence North 77 degrees 06 minutes 43 seconds West, tangent to the last described course, 555.39 feet to a point of curvature; thence along a curve to the left, having a radius of 2936.00 feet, a central angle of 13 degrees 27 minutes 52 seconds and an arc distance of 689.95 feet; thence South 89 degrees 31 minutes 41 seconds West, tangent to the last described course, 485.61 feet to the point of beginning, containing 976,287 square feet or 22.412 acres more or less, and a tract of land situate in the Northwest Quarter of Section 19, Township 49 North, Range 32 West, being all that part of Lots 1-8, Leedsmoore Gardens; and all that part of Lots 22-25, Cunningham Ridge, all subdivisions according to the recorded plats thereof, including that part of Leeds Road, Donnelly Avenue and Booth Avenue, together with all of that part in Section 19, Township 49, Range 32 in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of the Northwest corner of aforesaid Section 19, thence South 86 degrees 40 minutes 33 seconds East, along the South line the Northwest Quarter of said Section 19, a distance of 840.10 feet to a point on the Southeasterly right-of-way of US Interstate 435, as now established; thence the following courses and distances along the Southeasterly right-of-way of said US Interstate 435; thence North 44 degrees 26 minutes 02 seconds East, 529.93 feet; thence North 53 degrees 20 minutes 16 seconds East, 127.52 feet; thence North 84 degrees 24 minutes 13 seconds East, 612.35 feet; thence North 00 degrees 30 minutes 01 seconds West, 49.00 feet; thence departing from the Southeasterly right-of-way of said US Interstate 435; thence North 89 degrees 29 minutes 59 seconds East, 281.41 feet to the point of beginning of the Tract of land to be herein described; thence continuing North 89 degrees 29 minutes 59 seconds East, 208.63 feet; thence along a curve to the right, tangent to the last described course, having a radius of 2,838.79 feet, a central angle of 13 degrees 22 minutes 36 seconds and an arc length of 662.76 feet; thence South 77 degrees 07 minutes 25 seconds East, 502.46 feet; thence along a curve to the left, tangent to the last described course, having a radius of 629.11 feet, a central angle of 52 degrees 42 minutes 08 seconds and an arc distance of 578.68 feet; thence North 50 degrees 10 minutes 27 seconds East, 86.79 feet; thence South 39 degrees 47 minutes 29 seconds East, 219.39 feet; thence South 62 degrees 44 minutes 18 seconds West, 182.38 feet; thence along a curve to the right, tangent to the last described course, having a radius of 2,322.00 feet, a central angle of 04 degrees 47 minutes 00 seconds and an arc distance of 193.85 feet; thence South 67 degrees 31 minutes 18 seconds West, 51.91 feet; thence along a curve to the right, tangent to the last described course, having a radius of 746.80 feet, a central angle of 15 degrees 02 minutes 00 seconds and an arc distance of 195.95 feet; thence South 82 degrees 33 minutes 18 seconds West, 200.27 feet; thence along a curve to the right, tangent to the last described course, having a radius of 508.34 feet, a central angle of 36 degrees 46 minutes 00 seconds and an arc distance of 326.20 feet; thence North 60 degrees 40 minutes 42 seconds West, 662.00 feet; thence along a curve to the left, tangent to the last described course, having a radius of 289.60 feet, a central angle of 28 degrees 40 minutes 00 seconds and an arc distance of 144.89 feet; thence North 89 degrees 20 minutes 42 seconds West, 302.29 feet to the point of beginning, containing 328,184 square feet or 7.534, acres more or less, 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 a utility easement be retained for all AT&T and Kansas City Power & Light utilities or that the facilities be relocated at the applicant’s expense, the existing streetlight facilities are not affected, and an easement be retained for the existing water main – 20 feet in width and 8 inch sewer that enters the site at the northern property line. The easement can be released to the northern property line. The line must be plugged or capped to Water Services Department standards.

 

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