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Legislation #: 141022 Introduction Date: 12/4/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 75, Vacation of Streets, Alleys, Plats and Easements, to improve the process for vacating streets and unneeded rights of way when initiated by the City.

Legislation History
DateMinutesDescription
12/4/2014 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
141022.pdf Authenticated 227K Authenticated
141022 Compared Version.pdf Compared Version 200K Compared Version
Vacate Paper Street -Fact Sheet- draft.pdf Fact Sheet 33K Fact Sheet
Chapter 75 VACATION OF STREETS revised 2014.pdf Other 170K Chapter 75 Vacation of Street

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ORDINANCE NO. 141022

 

Amending Chapter 75, Vacation of Streets, Alleys, Plats and Easements, to improve the process for vacating streets and unneeded rights of way when initiated by the City.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 75, Vacation of Streets, Alleys, Plats and Easements, is hereby amended by repealing Sections 75-2, 75-3, 75-4, 75-6, 75-9 through 75-12 and reenacting Sections75-2, 75-3, 75-4, 75-6, 75-9 and 75-10, to read as follows:

 

Sec. 75-2. Petition to vacate.

 

Any person or corporation owning any property fronting or abutting on any public highway, street, avenue, alley or public place or part thereof, proposed to be vacated, may petition the council therefor. Such petition must give a correct description of the part of the public highway, street, avenue, alley or public place sought to be vacated and also the names of the persons or corporations owning or claiming the property fronting thereon, and be verified by affidavit. The owner or owners of any lot in any platted addition or subdivision within the corporate boundaries of the city may petition the council for the vacation of the said platted addition or subdivision or any part thereof. Said petitioner must give a correct description of the part of the addition or subdivision to be vacated, and also the names of all legal owners of all lots contained in such addition or subdivision or part thereof to be vacated, and be verified by affidavit. No petition is required for a City-initiated vacation.

 

Sec. 75-3. City Plan Commission Hearing.

 

(a) The City Plan Commission will hear the application for vacation and make a recommendation to the City Council thereon; provided, however, that the vacation of any unimproved right of way which is not part of the major street plan and which is not used for access to any property will not require a hearing or recommendation of the commission.

 

(b) Notice of the City Plan Commission hearing shall be mailed by United States mail, first class, to any property owner within the subject site and within 185 feet of the subject site. The notice shall be mailed not less than 13 days before the date set for such hearing. The names of property owners shall be determined as the owners of records according to the records of the city.

 

Sec. 75-4. Consent required.

 

The petitioner for vacation shall provide with the petition the consent, in writing, of the persons or corporations owning ¾ of the front feet of the property fronting on that part of the public highway, street, avenue, alley or public place proposed to be vacated, or of the legal owners of all lots contained in such addition or subdivision so proposed to be vacated, acknowledged as deeds conveying real estate in this state are required to be acknowledged in order to entitle them to be recorded, shall have been obtained to such vacation, and filed with said petition in the city clerk's office. No consent is required for a City-initiated vacation, but the department requesting the vacation shall provide notice of the request, by mail, to each adjoining property owner and any registered neighborhood organization and/or registered civic organization, the boundaries of which include the right of way to be vacated, at least 13 days prior to any City Council committee hearing on the vacation ordinance.

 

Sec. 75-6. Ordinance to be acknowledged.

 

Every ordinance vacating any public highway, street, alley, public place, or platted addition or subdivision or part thereof, shall be acknowledged by the city clerk as deeds are acknowledged, and such ordinance so acknowledged shall be filed for record in the office of the recorder of deeds in the county or counties in which the vacation is located.

 

Sec. 75-9. Deposit and fees for vacation of street or public place.

 

(a) A fee in the amount of $290.00 for the vacation shall be paid to the city at the time of petition.

 

(b) The city manager shall have the authority to adjust the fee listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 75-10. Release of easements; fees.

 

(a) The city may release any city easement (other than for a street or public place) by ordinance or by such other procedure provided in this Code of Ordinances. The procedures in this chapter for vacation of streets and public places and plats shall not apply to the release of such easements.

 

(b) Any person filing an application for the release of all or part of an easement (other than a street or public place) within the city, shall pay a fee in the amount $116.00 per easement to the city at the time the application is filed to defray the cost incurred by the city development department for review and processing.

 

(c) The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

_________________________________________________

 

Approved as to form and legality:

 

 

____________________________

M. Margaret Sheahan Moran

Senior Associate City Attorney