ORDINANCE NO. 250497
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Sponsor: Director of City Planning and Development Department
Vacating an approximately 27,000 square foot unimproved street in District R-5 generally located on East 55th Street east of Hardesty Avenue; and directing the City Clerk to record certain documents. (CD-ROW-2024-00002)
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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 25th day of July, 2024, a petition was filed with the City Clerk of Kansas City by DuRon Netsell for the vacation of part of the North Half of the right of way at West 55th St, lying west of Hardesty Ave, lying south of Lot 164 of Blue Ridge Park, more particularly described as follows: Beginning at the southeast corner of said Lot 164, thence South 8˚11’53” East, along the westerly right of way of said Hardesty Ave, a distance of 25.43 feet, to the south line of the north half of said right of way of said West 55th St; thence North 87˚39’02” West, along said south line of the north half of said right of way, a distance of 196.98 feet; thence North 3˚14’01” East, a distance of 25.00 feet, to the southeast corner of the west 125 feet of said Lot 164; thence South 87˚39’02” East, along the south line of said Lot 164, a distance of 191.94 feet, to the point of beginning,. containing 4,862 square feet, more or less, and part of the north half of the right of way at West 55th St, lying west of Hardesty Ave, lying south of Lot 164 of Blue Ridge Park, more particularly described as follows: Beginning at the southeast corner of the west 125 feet of said Lot 164 Blue Ridge Park ‘thence South 3˚14’01’ West, a distance of 25.00 feet, to the south line of the north half of said right of way; thence North 87˚39’02” West, along said south line of said north half, a distance of 125.00 feet; thence North 3˚14’01” East, a distance of 25.00 feet, to the southwest corner of said Lot 164; thence South 87˚39’02” East, along the south line of said Lot 164, a distance of 125.00 feet to the point of beginning, containing 3,125 feet, more or less, and part of the north half of the right of way at West 55th St, lying west of Hardesty Ave, lying south of Lot 165 of Blue Ridge Park, more particularly described as follows: Beginning at the southeast corner of said Lot 165; thence South 3˚14’01” West, a distance of 25.00 feet, to a point on the south line of said north half of said right of way; thence North 87˚39’02” West, along said south line, a distance of 219.10 feet, more or less, to the westerly right of way of said West 55th St; thence North 10˚05’28” West, along said westerly right of way 25.60 feet, more or less, to the southwest corner of said Lot 165; thence South 87˚39’02” East, along the south line of said Lot 165, a distance of 225.00 feet, more or less, to the point of beginning. containing 5,551 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 166 of Blue Ridge Park, more particularly described as follows: Beginning at the northeast corner of said Lot 166; thence North 87˚39’02’ West, along the north line of said Lot 166, a distance of 90.00 feet, more or less, to the northwest corner of said Lot 166; thence North 10˚05’28” West, along the westerly right of way of said West 55th St, a distance of 25.60 feet, more or less, to the north line of said south half of said right of way; thence South 87˚39’02” East, along said north line, a distance of 90.88 feet, more or less; thence South 08˚08’37” East, a distance of 25.43 feet, to the point of beginning, Containing 2,261 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 167 of Blue Ridge Park, more particularly described as follows: Beginning at the northwest corner of said Lot 167; thence North 08˚08’37” West, a distance of 25.43 feet, to a point on the north line of said south half of said right of way; thence South 87˚39’02” East, along said north line, a distance of 150.00 feet; thence South 08˚08’37” East, a distance of 25.43 feet, to the northeast corner of said Lot 167; thence North 87˚39’02” West, along the north line of said Lot 167, a distance of 150.00 feet, to the point of beginning, containing 3,750 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 168 of Blue Ridge Park, more particularly described as follows: Beginning at the northwest corner of said Lot 168; thence North 8˚08’37” West, a distance of 25.43 feet, to the north line of said south half; thence South 87˚39’02” East, along said north line, a distance of 150.54 feet; thence South 8˚08’37” East, a distance of 25.43 feet, to a point on the north line of said Lot 168, said point begin 150.54 feet east of the northwest corner of said Lot 168; thence North 87˚39’02” West, along said north line of said Lot 168, a distance of 150.54 feet, to the point of beginning, containing 3,764 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 168 of Blue Ridge Park, more particularly described as follows: Commencing at the northwest corner of said Lot 168; thence South 87˚39’02” East, along the north line of said Lot 168, a distance of 150.54 feet, to the true point of beginning; thence North 08˚08’37” West, a distance of 25.43 feet, to a point on the north line of said south half of said right of way; thence South 87˚39’02” East, along said north line of said south half, a distance of 149.66 feet, to a point on the westerly right of way of said Hardesty Ave; thence South 8˚11’53” East, along said westerly right of way, a distance of 25.43 feet, to the northeast corner of said Lot 168; thence North 87˚39’02” West, along said north line of said Lot 168, a distance of 149.68 feet, to the point of beginning, containing 3,742 square feet, more or less, giving the distinct description of the unimproved street 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 unimproved 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 part of the North Half of the right of way at West 55th St, lying west of Hardesty Ave, lying south of Lot 164 of Blue Ridge Park, more particularly described as follows: Beginning at the southeast corner of said Lot 164, thence South 8˚11’53” East, along the westerly right of way of said Hardesty Ave, a distance of 25.43 feet, to the south line of the north half of said right of way of said West 55th St; thence North 87˚39’02” West, along said south line of the north half of said right of way, a distance of 196.98 feet; thence North 3˚14’01” East, a distance of 25.00 feet, to the southeast corner of the west 125 feet of said Lot 164; thence South 87˚39’02” East, along the south line of said Lot 164, a distance of 191.94 feet, to the point of beginning,. containing 4,862 square feet, more or less, and part of the north half of the right of way at West 55th St, lying west of Hardesty Ave, lying south of Lot 164 of Blue Ridge Park, more particularly described as follows: Beginning at the southeast corner of the west 125 feet of said Lot 164 Blue Ridge Park ‘thence South 3˚14’01’ West, a distance of 25.00 feet, to the south line of the north half of said right of way; thence North 87˚39’02” West, along said south line of said north half, a distance of 125.00 feet; thence North 3˚14’01” East, a distance of 25.00 feet, to the southwest corner of said Lot 164; thence South 87˚39’02” East, along the south line of said Lot 164, a distance of 125.00 feet to the point of beginning, containing 3,125 feet, more or less, and part of the north half of the right of way at West 55th St, lying west of Hardesty Ave, lying south of Lot 165 of Blue Ridge Park, more particularly described as follows: Beginning at the southeast corner of said Lot 165; thence South 3˚14’01” West, a distance of 25.00 feet, to a point on the south line of said north half of said right of way; thence North 87˚39’02” West, along said south line, a distance of 219.10 feet, more or less, to the westerly right of way of said West 55th St; thence North 10˚05’28” West, along said westerly right of way 25.60 feet, more or less, to the southwest corner of said Lot 165; thence South 87˚39’02” East, along the south line of said Lot 165, a distance of 225.00 feet, more or less, to the point of beginning. containing 5,551 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 166 of Blue Ridge Park, more particularly described as follows: Beginning at the northeast corner of said Lot 166; thence North 87˚39’02’ West, along the north line of said Lot 166, a distance of 90.00 feet, more or less, to the northwest corner of said Lot 166; thence North 10˚05’28” West, along the westerly right of way of said West 55th St, a distance of 25.60 feet, more or less, to the north line of said south half of said right of way; thence South 87˚39’02” East, along said north line, a distance of 90.88 feet, more or less; thence South 08˚08’37” East, a distance of 25.43 feet, to the point of beginning, Containing 2,261 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 167 of Blue Ridge Park, more particularly described as follows: Beginning at the northwest corner of said Lot 167; thence North 08˚08’37” West, a distance of 25.43 feet, to a point on the north line of said south half of said right of way; thence South 87˚39’02” East, along said north line, a distance of 150.00 feet; thence South 08˚08’37” East, a distance of 25.43 feet, to the northeast corner of said Lot 167; thence North 87˚39’02” West, along the north line of said Lot 167, a distance of 150.00 feet, to the point of beginning, containing 3,750 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 168 of Blue Ridge Park, more particularly described as follows: Beginning at the northwest corner of said Lot 168; thence North 8˚08’37” West, a distance of 25.43 feet, to the north line of said south half; thence South 87˚39’02” East, along said north line, a distance of 150.54 feet; thence South 8˚08’37” East, a distance of 25.43 feet, to a point on the north line of said Lot 168, said point begin 150.54 feet east of the northwest corner of said Lot 168; thence North 87˚39’02” West, along said north line of said Lot 168, a distance of 150.54 feet, to the point of beginning, containing 3,764 square feet, more or less, and part of the south half of the right of way at West 55th St, lying west of Hardesty Ave, lying north of Lot 168 of Blue Ridge Park, more particularly described as follows: Commencing at the northwest corner of said Lot 168; thence South 87˚39’02” East, along the north line of said Lot 168, a distance of 150.54 feet, to the true point of beginning; thence North 08˚08’37” West, a distance of 25.43 feet, to a point on the north line of said south half of said right of way; thence South 87˚39’02” East, along said north line of said south half, a distance of 149.66 feet, to a point on the westerly right of way of said Hardesty Ave; thence South 8˚11’53” East, along said westerly right of way, a distance of 25.43 feet, to the northeast corner of said Lot 168; thence North 87˚39’02” West, along said north line of said Lot 168, a distance of 149.68 feet, to the point of beginning, containing 3,742 square feet, more or less, be and the same is hereby vacated and subject to the following conditions:
1. That the applicant shall retain all utility easements and protect facilities required by AT&T.
2. That the applicant shall retain all utility easements and protect facilities required by Evergy.
3. That the applicant remove streetlight poles SEI1566, west of Hardesty Avenue and return the streetlights to Public Works in coordination with Public Works Streetlighting at the applicant's cost.
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.
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Approved as to form:
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Sarah Baxter
Senior Associate City Attorney
Approved by the City Plan Commission
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Sara Copeland, FAICP
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.
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Recorder
By_________________________________
Deputy