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Legislation #: 180815 Introduction Date: 10/18/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating the north/south alley north of E. Linwood Boulevard in between Campbell Street to the west and Harrison Street to the east; retaining utility and access easements; and directing the City Clerk to record certain documents. (CD-ROW-2018-00104)

Legislation History
DateMinutesDescription
10/18/2018 Filed by the Clerk's office
10/18/2018 Referred to Planning, Zoning & Economic Development Committee
10/24/2018 Advance and Do Pass, Debate
10/25/2018 Passed

View Attachments
FileTypeSizeDescription
180815.Recorded Information.pdf Recorded Info 174K Recorded Information
180815.pdf Authenticated 112K Authenticated
CD-ROW-2018-00104_ORD_REQUEST.doc Request for Ordinance 31K Ordinance Request
CD-ROW-2018-00104_Staff Report_10-16-18.pdf Staff Report 120K Staff Report
Letter of Support Map.pdf Plan 634K Map and Reason for Vacation
Exhibit A.pdf Maps 189K Docket Map
CD-ROW-2018-00104_Fact_Sheet.docx Fact Sheet 26K Fact Sheet

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ORDINANCE NO. 180815

 

Vacating the north/south alley north of E. Linwood Boulevard in between Campbell Street to the west and Harrison Street to the east; retaining utility and access easements; and directing the City Clerk to record certain documents. (CD-ROW-2018-00104)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council of Kansas City does hereby find and declare that on August 17, 2018, a petition was filed with the City Clerk of Kansas City by Deed Foundation for the vacation of Block 2, Troost Avenue Park: All that part of the north and south alley between Harrison Street and Campbell Street, lying north of the north line of Linwood Avenue, as said avenue is now established and south of the south line of Lot 20, Block 2, Troost Avenue Park, a subdivision in Kansas City, Jackson County, according to the recorded plat thereof, as referenced and described in vacation Ordinance No. 21295, recorded in Book 144 at page 112, giving the distinct description of the alley 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 alley 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 Block 2, Troost Avenue Park: All that part of the north and south alley between Harrison Street and Campbell Street, lying north of the north line of Linwood Avenue, as said avenue is now established and south of the south line of Lot 20, Block 2, Troost Avenue Park, a subdivision in Kansas City, Jackson County, according to the recorded plat thereof, as referenced and described in vacation Ordinance No. 21295, recorded in Book 144 at page 112, 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. Provided further that an access easement is retained for all of the residential properties with frontage along the vacated alley.

 

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

 

 

____________________________________

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