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Legislation #: 140771 Introduction Date: 9/11/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating E. 46th Street between The Paseo and Emanuel Cleaver II Boulevard, Kansas City, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1683-V)

Legislation History
DateMinutesDescription
9/11/2014 Filed by the Clerk's office
9/11/2014 Referred to Planning, Zoning & Economic Development Committee
9/24/2014 Hold On Agenda (10/1/2014)
10/1/2014 Hold On Agenda (10/15/2014)
10/15/2014 Hold On Agenda (11/5/2014)
11/5/2014 Hold On Agenda (12/10/2014)
12/10/2014 Hold Off Agenda
1/13/2016 Release
12/9/2016 Released

View Attachments
FileTypeSizeDescription
140771 Fact Sheet.pdf Fact Sheet 684K Fact Sheet
C001683V_FINAL_CPC_STAFF_REPORT_09-02-14.pdf Staff Report 2651K Staff Report
Exhibit A.pdf Exhibit 1611K Exhibit A

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ORDINANCE NO. 140771

 

Vacating E. 46th Street between The Paseo and Emanuel Cleaver II Boulevard, Kansas City, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1683-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 24th day of February, 2014, a petition was filed with the City Clerk of Kansas City by Brush Creek Village, LLC, for the vacation of E. 46th Street as now established from the east line of The Paseo to the north line of Emanuel Cleaver II Boulevard as now established, and all utility easements over, under, across and along said street, all in Section 28, 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 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 E. 46th Street as now established from the east line of The Paseo to the north line of Emanuel Cleaver II Boulevard as now established, and all utility easements over, under, across and along said street, all in Section 28, Township 49 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. That this vacation is subject to the following conditions:

 

1.                  That any existing facilities within the right of way be protected.

 

2.                  That Brush Creek Village, LLC must provide a cul-de-sac to provide a turnaround point for the commercial properties at 4541 Paseo and 4621 Paseo.

 

3.                  A covenant to maintain fire access roads to include vacated parts of the street is executed.

 

4.                  Any and all electric gates which span a fire access road to include the vacated parts of the street will be equipped with a siren sensing switch which opens the gate upon approach of an emergency vehicle.

 

5.                  The gates shall not impede access to other neighboring parcels not owned by the limited liability corporation.

 

6.                  Remove and return streetlights to the City or take over ownership of the streetlights as detailed on the utility comment form.

 

7.                  Provide a site plan detailing all fencing and gates to Development Management Division staff prior to the installation of any new fencing or gates.

 

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, when notified by the Director of City Development that the conditions in Section 4 have been satisfied.

 

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