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Legislation #: 180356 Introduction Date: 5/10/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating approximately 7,151 square feet of Mercier Street from the south right-of-way line of Westport Road to a point approximately 143 feet to the south, all in Section 30, Township 49, Range 33 W, Kansas City, Jackson County, Missouri; and directing the City Clerk to record certain documents. (1764-V)

Legislation History
DateMinutesDescription
5/10/2018 Filed by the Clerk's office
5/10/2018 Referred to Planning, Zoning & Economic Development Committee
5/16/2018 Advance and Do Pass as a Committee Substitute, Debate
5/24/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180356.Recorded Information.pdf Recorded Info 1624K Recorded Information
180356 Map.pdf Maps 635K Docket Map
180356 Staff Report.pdf Staff Report 120K Staff Report
180356 Fact Sheet.pdf Fact Sheet 231K Fact Sheet
Site Plan.pdf Plan 0K Site Plan
C001764V_ORD_REQUEST_05_01_18.pdf Request for Ordinance 51K Ord. Request

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180356

 

Vacating approximately 7,151 square feet of Mercier Street from the south right-of-way line of Westport Road to a point approximately 143 feet to the south, all in Section 30, Township 49, Range 33 W, Kansas City, Jackson County, Missouri; and directing the City Clerk to record certain documents. (1764-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 April, 2018, a petition was filed with the City Clerk of Kansas City by QuikTrip Corporation for the vacation of all that part of Mercier Street Right of Way, Kansas City, Jackson County, Missouri described as follows: Beginning at the northwest corner of Lot 1, Vogel Homestead, a subdivision in Kansas City, Jackson County, Missouri; thence South 02 degrees 29 minutes 00 seconds West, along the West line of said Lot 1 and Lot 28 of said Vogel Homestead, also being the East right-of-way of Mercier Street, as now established, a distance of 142.93 feet (142.94 feet, Plat) to the Southwest corner of said Lot 38; thence North 87 degrees 32 minutes 06 seconds West, 50.04 feet (50.00 feet, Plat) to a point on the East line of Lots 41, 43 and 44 of said Vogel Homestead and the West right-of-way of said Mercier Street; thence North 2 degrees 29 minutes 00 seconds East, along the East line of Lots 41, 43 and 44 of said Vogel Homestead and the West right-of-way of said Mercier Street, a distance of 143.11 feet to the South right-of-way of Westport Road, as now established; thence South 87 degrees 17 minutes 40 seconds East, 50.02 feet (50.00 feet, Plat) to the point of beginning, containing 7,151 square feet or 0.164 acres, more or less, 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 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 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 all that part of Mercier Street Right of Way, Kansas City, Jackson County, Missouri described as follows: Beginning at the northwest corner of Lot 1, Vogel Homestead, a subdivision in Kansas City, Jackson County, Missouri; thence South 02 degrees 29 minutes 00 seconds West, along the West line of said Lot 1 and Lot 28 of said Vogel Homestead, also being the East right-of-way of Mercier Street, as now established, a distance of 142.93 feet (142.94 feet, Plat) to the Southwest corner of said Lot 38; thence North 87 degrees 32 minutes 06 seconds West, 50.04 feet (50.00 feet, Plat) to a point on the East line of Lots 41, 43 and 44 of said Vogel Homestead and the West right-of-way of said Mercier Street; thence North 2 degrees 29 minutes 00 seconds East, along the East line of Lots 41, 43 and 44 of said Vogel Homestead and the West right-of-way of said Mercier Street, a distance of 143.11 feet to the South right-of-way of Westport Road, as now established; thence South 87 degrees 17 minutes 40 seconds East, 50.02 feet (50.00 feet, Plat) to the point of beginning, containing 7,151 square feet or 0.164 acres, more or less, be and the same is hereby vacated.

 

Section 5. That the City Council hereby accepts a 39-foot Vehicular and Pedestrian Access and Utility Easement to the City from QuikTrip Corporation for continued public access through the site to Mercier Street. The vacated portion of Mercier will continue to function as a City street, and be improved as provided on the approved MPD plan and include installation of street signs and stop signs and striping of the access, and a full-width utility easement. Said Vehicular and Pedestrian Access and Utility Easement is on file with the City Clerk and shall be recorded at the time of the street vacation.

 

Section 6. 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 7. 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

 

____________________________________

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