ORDINANCE NO. 250449
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Sponsor: Director of City Planning and Development Department
Vacating approximately 1.25 acres of street right-of-way in Zoning District MPD generally located on White Avenue approximately 1250 feet north of East 56th Street; and directing the City Clerk to record certain documents. (CD-ROW-2025-00004)
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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 8th day of April, 2025, 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 White Avenue, established by road record, recorded April 4th, 1898, in Book 5 at Page 589, in the West half of the Northwest Quarter of Section 36, Township 49 North, Range 33 West, of the Fifth Principal Meridian, in Kansas City, Jackson County, Missouri, being more particularly described by Joseph H. McLaughlin, PLS - 2012018392, with BHC, MO CLS 2006009875-F, by metes and bounds as follows: (Note: For coarse orientation the bearings in this description are based on the West line of said Northwest Quarter, having a bearing of South 02° 17' 04" West as reference to the Missouri State Plane Coordinate System, West Zone, NAD 83.) COMMENCING at the Northwest corner of said Northwest Quarter, monumented by a 0.5 foot by 0.3 foot stone, per Certified Land Corner, Document 600-59385 found from ties referenced by Susan Magierowski LS 2213; Thence South 02° 17' 04" West, 1722.38 feet, on the West line of said Northwest Quarter, to the Southwest corner of a parcel of land recorded in Warranty Deed, filed March 28th, 2018, as Instrument Number 2018E0025888; Thence South 87° 31' 49" East, 639.70 feet, on the South line of said parcel, to the West Right-of-Way line of White Avenue as now established and the POINT OF BEGINNING of said Tract herein described; Thence North 02° 17' 04" East, 917.38 feet, on said West Right-of-Way line, to the North Right-of-Way line of White Avenue; Thence South 87° 31' 49" East, 489.00 feet, on said North Right-of-Way line; Thence South 02° 17' 04" West, 40.00 feet, to the South Right-of-Way line of said White Avenue; Thence North 87° 31' 49" West, 449.00 feet, on said South Right-of-Way line; Thence South 02° 17' 04" West, 877.38 feet, to the South line of said parcel; Thence North 87° 31' 49" West, 40.00 feet, on said South line to the POINT OF BEGINNING, said Tract containing 54,655 square feet or 1.2547 acres. Said petition gives 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 a tract of land being part of White Avenue, established by road record, recorded April 4th, 1898, in Book 5 at Page 589, in the West half of the Northwest Quarter of Section 36, Township 49 North, Range 33 West, of the Fifth Principal Meridian, in Kansas City, Jackson County, Missouri, being more particularly described by Joseph H. McLaughlin, PLS - 2012018392, with BHC, MO CLS 2006009875-F, by metes and bounds as follows: (Note: For coarse orientation the bearings in this description are based on the West line of said Northwest Quarter, having a bearing of South 02° 17' 04" West as reference to the Missouri State Plane Coordinate System, West Zone, NAD 83.) COMMENCING at the Northwest corner of said Northwest Quarter, monumented by a 0.5 foot by 0.3 foot stone, per Certified Land Corner, Document 600-59385 found from ties referenced by Susan Magierowski LS 2213; Thence South 02° 17' 04" West, 1722.38 feet, on the West line of said Northwest Quarter, to the Southwest corner of a parcel of land recorded in Warranty Deed, filed March 28th, 2018, as Instrument Number 2018E0025888; Thence South 87° 31' 49" East, 639.70 feet, on the South line of said parcel, to the West Right-of-Way line of White Avenue as now established and the POINT OF BEGINNING of said Tract herein described; Thence North 02° 17' 04" East, 917.38 feet, on said West Right-of-Way line, to the North Right-of-Way line of White Avenue; Thence South 87° 31' 49" East, 489.00 feet, on said North Right-of-Way line; Thence South 02° 17' 04" West, 40.00 feet, to the South Right-of-Way line of said White Avenue; Thence North 87° 31' 49" West, 449.00 feet, on said South Right-of-Way line; Thence South 02° 17' 04" West, 877.38 feet, to the South line of said parcel; Thence North 87° 31' 49" West, 40.00 feet, on said South line to the POINT OF BEGINNING, said Tract containing 54,655 square feet or 1.2547 acres be and the same is hereby vacated, subject to the following condition:
1. That the applicant shall retain all utility easements and protect facilities 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 by the City Plan Commission:
______________________________
Sara Copeland, FAICP
Secretary
Approved as to form:
______________________________
Sarah Baxter
Senior Associate City Attorney
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