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Legislation #: 130060 Introduction Date: 1/24/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating Summit Street south of W. 103rd Street, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1664-V)

Legislation History
DateMinutesDescription
1/24/2013 Filed by the Clerk's office
1/24/2013 Referred to Planning, Zoning & Economic Development Committee
1/25/2013 Public Hearing Advertised
1/25/2013 Public Hearing Advertised
2/20/2013 Advance and Do Pass, Debate
2/28/2013 Passed

View Attachments
FileTypeSizeDescription
1664-V Rltd Info.pdf Related Documents 2331K Related Info
1664-V Rcrd Info.pdf Recorded Info 856K Recorded Info
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130060 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130060
Notice of Public Hearing.pdf Reports 7694K Report Attachment
130060 Fact Sheet.xls Fact Sheet 89K Fact Sheet
C001664V_STAFFRPT01_15_13.doc Staff Report 513K Staff Report

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ORDINANCE NO. 130060

 

Vacating Summit Street south of W. 103rd Street, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1664-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 9th day of November, 2012, a petition was filed with the City Clerk of Kansas City by Molle Properties L. L. C., for the vacation of Summit Street from the south line of W. 103rd Street south to its terminus as now established, said terminus being the north line of previously vacated Summit Street, all in Section 31, Township 48 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 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 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 Summit Street from the south line of W. 103rd Street south to its terminus as now established, said terminus being the north line of previously vacated Summit Street, all in Section 31, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri, 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.

 

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. That the following conditions must be met prior to the recording of this ordinance:

 

1.         Any City streetlights within the right of way must be removed or privately metered.

 

2. The adjacent properties must be combined by deed such that all resulting abutting properties have frontage on W. 103rd Street, or an access easement or tract must be established by plat, providing access to any abutting properties not fronting on W. 103rd Street, or an access agreement to which the City is a party providing said access, including language to maintain a minimum 24 foot wide driving surface, must be recorded.

 

3. The right of access created by the platted 20 foot wide cross access easement  established by the plat of “Cunningham Properties Lots 1 and 2” must be extended to W. 103rd Street.

 

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:

 

 

____________________________________

M. Margaret Sheahan Moran

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