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Legislation #: 141007 Introduction Date: 12/4/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating 155.16 feet of sidewalk immediately south of W. 21st Street and west of Central Street; retaining a utility easement; and directing the City Clerk to record certain documents. (1694-V)

Legislation History
DateMinutesDescription
12/3/2014 Filed by the Clerk's office
12/4/2014 Referred to Planning, Zoning & Economic Development Committee
12/10/2014 Advance and Do Pass, Debate
12/11/2014 Passed

View Attachments
FileTypeSizeDescription
141007 Rltd Info.pdf Related Documents 41131K * 141007 Rltd info
141007 Rcrd Info.pdf Recorded Info 455K Recorded Info
141007 C001694V_FACT SHEET.pdf Fact Sheet 376K Fact Sheet
C001694V_STAFF REPORT_11-18-14.pdf Staff Report 777K Staff Report
Exhibit A.pdf Maps 1024K Exhibit A
* - Attachment is too large for LiveWeb to display.

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ORDINANCE NO. 141007

 

Vacating 155.16 feet of sidewalk immediately south of W. 21st Street and west of Central Street; retaining a utility easement; and directing the City Clerk to record certain documents. (1694-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 2nd day of October, 2014, a petition was filed with the City Clerk of Kansas City by 3D Development for the vacation of a portion of right of way (a sidewalk), described as follows: Beginning at the northeast corner of said Lot 1; thence North 00 degrees 21 minutes 15 seconds East along the extension of the east line of said Lot 1, 13.00 feet; thence South 89 degrees 32 minutes 10 seconds West parallel with the north line of said Lot 1, 155.16 feet; thence South 00 degrees 24 minutes 22 seconds East, parallel with the west line of said Lot 1, 13.00 feet to the northeast corner of Northwestern Avenue as described in Document No. 2009E0016170; thence North 89 degrees 32 minutes 10 seconds East along the north line of said Lot 1 and the extension thereof, 155.15 feet to the point of beginning (containing 2017 square feet of land more or less), all in Section 8, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri. The petition gave 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. Due notice of the pendency of said petition has been given in the newspaper doing the city printing, and 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, and 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 right of way beginning at the northeast corner of said Lot 1; thence North 00 degrees 21 minutes 15 seconds East along the extension of the east line of said Lot 1, 13.00 feet; thence South 89 degrees 32 minutes 10 seconds West parallel with the north line of said Lot 1, 155.16 feet; thence South 00 degrees 24 minutes 22 seconds East, parallel with the west line of said Lot 1, 13.00 feet to the northeast corner of Northwestern Avenue as described in Document No. 2009E0016170; thence North 89 degrees 32 minutes 10 seconds East along the north line of said Lot 1 and the extension thereof, 155.15 feet to the point of beginning (containing 2017 square feet of land more or less), all in Section 8, 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.

 

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:

 

 

____________________________________

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