ORDINANCE NO. 240971
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Sponsor: Director of City Planning and Development Department
Vacating an approximately 2,000-square-foot area of unimproved East 34th Street in District M1-5 generally located at the northeast corner of Stadium Drive and Topping Avenue and directing the City Clerk to record certain documents. (CD-ROW-2024-00021)
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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 2nd day of July, 2024, a petition was filed with the City Clerk of Kansas City by Richard Shafer for the vacation of a tract of land being part of 34th Street, established by the plat of Couch’s 1st Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the Southeast corner of said Section 14, Township 49 North, Range 33 West; thence North 02° 12' 09" West, 639.50 feet, on the East line of the Southeast Quarter of said Section 14; Thence North 87° 47' 42" West, 30.00 feet, to the intersection of the West Right-of-Way line of Topping Avenue and the South Right-of-way line of 34th Street, and the point of beginning of said Tract herein described; thence continuing North 87° 47' 42" West, 29.10 feet, on the South Right-of-way line of 34th Street, to the Easterly Right-of-Way line of Stadium Drive as now established (formerly Raytown Road); thence North 18° 27' 28" West, 26.72 feet, on the Northerly prolongation of said Easterly Right-of-Way line, to the Centerline of 34nd Street; thence North 21° 25' 50" West, 27.29 feet, on the Southerly prolongation of said Easterly Right-of-Way line, to the North Right-of-Way line of 34th Street; thence South 87° 47' 42" East, 49.47 feet, on said North Right-of-Way line, to a point on said West Right-of-Way line of Topping Avenue; thence South 02° 12' 09" West, 50.00 feet, on said West Right-of-Way line, to the point of beginning, said Tract containing 1,945 square feet or 0.0447 acres, 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 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 of a tract of land being part of 34th Street, established by the plat of Couch’s 1st Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the Southeast corner of said Section 14, Township 49 North, Range 33 West; thence North 02° 12' 09" West, 639.50 feet, on the East line of the Southeast Quarter of said Section 14; Thence North 87° 47' 42" West, 30.00 feet, to the intersection of the West Right-of-Way line of Topping Avenue and the South Right-of-way line of 34th Street, and the point of beginning of said Tract herein described; thence continuing North 87° 47' 42" West, 29.10 feet, on the South Right-of-way line of 34th Street, to the Easterly Right-of-Way line of Stadium Drive as now established (formerly Raytown Road); thence North 18° 27' 28" West, 26.72 feet, on the Northerly prolongation of said Easterly Right-of-Way line, to the Centerline of 34nd Street; thence North 21° 25' 50" West, 27.29 feet, on the Southerly prolongation of said Easterly Right-of-Way line, to the North Right-of-Way line of 34th Street; thence South 87° 47' 42" East, 49.47 feet, on said North Right-of-Way line, to a point on said West Right-of-Way line of Topping Avenue; thence South 02° 12' 09" West, 50.00 feet, on said West Right-of-Way line, to the point of beginning, said Tract containing 1,945 square feet or 0.0447 acres, be and the same is hereby vacated, and subject to the following conditions:
1. The applicant shall retain all utility easements, protect facilities or relocate facilities at the applicant’s expense as required by the Kansas City, Missouri Water Services Department, and no construction shall occur within the easement.
2. The applicant shall retain all utility easements and protect facilities or relocate facilities at the applicant’s expense as required by AT&T.
3. The applicant shall retain all utility easements and protect facilities or relocate facilities at the applicant’s expense as required by Evergy.
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