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Legislation #: 140511 Introduction Date: 6/26/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating the dedicated but unconstructed and un-named right of way between two lots north of W. Gregory Boulevard between Brookside Road and Main Street, Kansas City, Jackson County, Missouri; retaining a utility easement; directing the City Clerk to record certain documents; and repealing Ordinance No. 130578. (1676-V)

Legislation History
DateMinutesDescription
6/25/2014 Filed by the Clerk's office
6/26/2014 Referred to Planning, Zoning & Economic Development Committee
7/16/2014 Advance and Do Pass, Consent
7/17/2014 Passed

View Attachments
FileTypeSizeDescription
140511 Rltd Info.pdf Related Documents 662K Related Info
140511.pdf Recorded Info 677K Recorded Info
140511.pdf Authenticated 251K Authenticated
140511 Mailing.pdf Advertise Notice 162K Notice mailed out to Constituents
1676V_Owner Address Labels 6.26.14.pdf Other 9K Mailing List
140511 Fact Sheet.pdf Fact Sheet 761K Fact Sheet
1676V_MAP_WITH_LEGAL.pdf Maps 1846K Exhibit A Map
C001676V_FINAL_CPC_STAFF_REPORT_07_16_13.pdf Staff Report 272K Staff Report

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ORDINANCE NO. 140511

 

Vacating the dedicated but unconstructed and un-named right of way between two lots north of W. Gregory Boulevard between Brookside Road and Main Street, Kansas City, Jackson County, Missouri; retaining a utility easement; directing the City Clerk to record certain documents; and repealing Ordinance No. 130578. (1676-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 17th day of May, 2013, a petition was filed with the City Clerk of Kansas City by 222 Boulevard LC, for the vacation of the public right of way as dedicated by Ordinance No. 17856 as passed on June 18, 1954, and a dedicated but unnamed street as dedicated by Ordinance No. 1130 as passed on September 16, 1929, being part of Lots 14, 15, 18 and 19, Block 19, Armour Hills, a subdivision in Kansas City, Jackson County, Missouri, all in Section 8, Township 48 North, Range 33 West, the overall perimeter being described as follows: Beginning at a point in the north line of Gregory Boulevard, as now established, lying 412.5 feet east of the east of the east line of Brookside Road, as now established; thence North 88 degrees 57 minutes 30 seconds West along the north line of said Gregory Boulevard 69.83 feet; thence North 00 degrees 58 minutes 50 seconds East 203.87 feet to a point on the south line of 70th Street Terrace; thence South 89 degrees 04 minutes 14 seconds East along said south line 26.83 feet; thence South 05 degrees 32 minutes 15 seconds West 10.00 feet; thence South 89 degrees 16 minutes 13 seconds East 26.47 feet; thence South 00 degrees 47 minutes 30 seconds West 15.71 feet; thence South 88 degrees 28 minutes 30 seconds East 17.94 feet; thence South 01 degrees 11 minutes 45 seconds West 178.24 feet to the point of beginning, all in 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 the public right of way described above 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.

 

Section 6. That all Ordinances or parts of Ordinances in conflict with this Ordinance are, in so much as they conflict with this Ordinance, hereby repealed.

 

Section 7. That Ordinance No. 130578, which contained an incorrect legal description, is 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