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Legislation #: 060588 Introduction Date: 5/25/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating a portion of N. Kensington Avenue, south of N.E. 77th Terrace, Kansas City, Clay County, Missouri and directing the City Clerk to record certain documents. (1524-V)

Legislation History
DateMinutesDescription
5/25/2006 Filed by the Clerk's office
5/25/2006 Referred to Planning, Zoning & Economic Development Committee
6/7/2006 Advance and Do Pass, Consent
6/8/2006 Passed

View Attachments
FileTypeSizeDescription
060588 Recorded Documents.pdf Recorded Info 298K Recorded Documents
060588.pdf Authenticated 273K Authenticated
C001523V_STAFFRPT05_16_06.doc Staff Report 39K Staff Report
C001524V_FACTSHT.xls Fact Sheet 53K Fact Sheet

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ORDINANCE NO. 060588

 

Vacating a portion of N. Kensington Avenue, south of N.E. 77th Terrace, Kansas City, Clay County, Missouri and directing the City Clerk to record certain documents. (1524-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 28th day of April, 2006, a petition was filed with the City Clerk of Kansas City by Pulte Homes of Greater Kansas City, Inc., for the vacation of all that part of the existing right-of-way of N. Kensington Avenue, platted as Main Street with the Plat of the Town of Acme Springs, in the Northwest Quarter of Section 17, Township 51, Range 32, in Kansas City, Clay County, Missouri, described as follows: Commencing at the Southwest Corner of said Northwest Quarter; thence South 8909'44" East, a distance of 770.65 feet to a point on the East right-of-way line of N. Kensington Avenue as now established; thence departing said South line, North 0040'26" East, along said East right-of-way line, a distance of 19.93 feet to the Southwest Corner of vacated Block 6 of said Town of Acme Springs; thence North 004026" East, along the East line of said N. Kensington Avenue, a distance of 94.52 feet; thence along a curve to the right, having an initial tangent bearing of North 2942'25" West, a radius of 210.00 feet, an arc distance of 49.90 feet to the point of beginning; thence continuing along said 210.00 foot radius curve to the right, an arc distance of 60.98 feet to a point of tangency; thence North 0040'26" East, a distance of 417.91 feet to a point of curve; thence along a curve to the left, having a radius of 15.00 feet, an arc distance of 23.48 feet to a point of tangency; thence North 8909'42" West, a distance of 7.26 feet to a point on the West right-of-way line of said N. Kensington Avenue; thence South 0040'26" West, a distance of 493.00 feet to the Southeast Corner of vacated Block 7 of said Town of Acme Springs; thence South 8919'34" East, a distance of 32.09 feet to the Point of Beginning, and all utility
easements over, under, across and along said street, all in Section 17, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, giving 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 due notice of the pendency of said petition has been given for a period of twenty (20) days 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 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 all that part of the existing right-of-way of N. Kensington Avenue, platted as Main Street with the Plat of the Town of Acme Springs, in the Northwest Quarter of Section 17, Township 51, Range 32, in Kansas City, Clay County, Missouri, described as follows: Commencing at the Southwest Corner of said Northwest Quarter; thence South 8909'44" East, a distance of 770.65 feet to a point on the East right-of-way line of N. Kensington Avenue as now established; thence departing said South line, North 0040'26" East, along said East right-of-way line, a distance of 19.93 feet to the Southwest Corner of vacated Block 6 of said Town of Acme Springs; thence North 004026" East, along the East line of said N. Kensington Avenue, a distance of 94.52 feet; thence along a curve to the right, having an initial tangent bearing of North 2942'25" West, a radius of 210.00 feet, an arc distance of 49.90 feet to the point of beginning; thence continuing along said 210.00 foot radius curve to the right, an arc distance of 60.98 feet to a point of tangency; thence North 0040'26" East, a distance of 417.91 feet to a point of curve; thence along a curve to the left, having a radius of 15.00 feet, an arc distance of 23.48 feet to a point of tangency; thence North 8909'42" West, a distance of 7.26 feet to a point on the West right-of-way line of said N. Kensington Avenue; thence South 0040'26" West, a distance of 493.00 feet to the Southeast Corner of vacated Block 7 of said Town of Acme Springs; thence South 8919'34" East, a distance of 32.09 feet to the Point of Beginning, and all utility easements over, under, across and along said street, all in Section 17, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, be and the same are hereby vacated.

 

Section 4. 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 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are, in so much as they conflict with this Ordinance, hereby repealed.

 


Section 6. That the deed in Kansas City, Clay County which appears of record as Instrument No. 2006004885, Book 5281, page 135 as described in Exhibit A, which is attached hereto and incorporated herein by reference, recorded in the office of the Recorder of Deeds for Clay County, Missouri, is hereby accepted.

 

_____________________________________________

 

Approved as to form and legality:

 

 

____________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

 

Approved by the City Plan Commission

 

 

____________________________________

Charles Myers, Chairman

 

STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _________ day of ______________________, 200__, 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 _________________________, 200___.

 

____________________________________

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. 200___, 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