ORDINANCE NO. 260433
title
Sponsor: Director of City Planning and Development Department
Vacating approximately 1.51 acres of public right-of-way in District R-1.5 generally located at the northwest corner of Northeast Barry Road and North Prospect Avenue; and directing the City Clerk to record certain documents. (CD-ROW-2025-00043)
body
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 11th day of November, 2026, a petition was filed with the City Clerk of Kansas City by Patricia Jensen for the vacation of All that part of the Northeast Quarter of Section 12, Township 51 North, Range 33 West of the Fifth Principal Meridian and the Northwest Quarter of Section 7, Township 51 North, Range 32 West of the Fifth Principal Meridian, situated in the City of Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 12; thence North 87°53’34” West (Basis of bearing: Grid North, Missouri Coordinate System of 1983, West Zone, NAD83), along the North line of the Northeast Quarter of said Section 12, a distance of 31.28 feet to the Point of Beginning; thence North 87°53'34" West, continuing along the North line of the Northeast Quarter of said Section 12, a distance of 57.36 feet to the intersection with the West right-of-way line of N. Prospect Avenue as defined in a General Warranty Deed filed with the Clay County, Missouri Recorder of Deeds in Book 1294 at Page 645 on February 23, 1978 and now being hereby established; thence along the West right-of-way line of said N. Prospect Avenue the following seven (7) courses: 1) South 22°23'38" West a distance of 4.16 feet; 2) South 0°37'20" West a distance of 156.93 feet (N. Prospect Ave. sta. 12+56.88, 90.0 feet right); 3) South 22°20'32" East a distance of 180.15 feet (N. Prospect Ave. sta. 14+13, 42.6 feet right); 4) South 0°29'00" West a distance of 77.65 feet (N. Prospect Ave. sta. 14+80, 68.0 feet right); 5) South 23°56'55" East a distance of 46.50 feet to the intersection with the line common between said Sections 12 and 7; 6) continuing South 23°56'55" East a distance of 49.51 feet (N. Prospect Ave. sta.15+71.3, 69.7 feet right); 7) South 23°49'06" East a distance of 844.36 feet to the intersection with the North right-of-way line of Relocated Barry Road, as now established (N. Prospect Ave. sta. 24+15.1, 100 feet right and Relocated Barry Road construction sta. 19+00.3, 84.8 feet left); thence North 66°35'38" East, along the Northeasterly prolongation of the North right-of-way line of said Relocated Barry Road, a distance of 17.74 feet; thence Northeasterly and Northerly, departing the Northeasterly prolongation of the North right-of-way line of said Relocated Barry Road, around a curve to the left that has a radius of 50.00 feet, a chord bearing of North 20°21’51” East, a chord distance of 72.21 feet, and an arc distance of 80.69 feet to the intersection with the line that is 30.00 feet West of and parallel with/concentric to the centerline of said N. Prospect Avenue as defined in said General Warranty Deed; thence along the line that is 30.00 feet West of and parallel with/concentric to the centerline of said N. Prospect Avenue the following three (3) courses: 1) North 25°51'57" West a distance of 843.26 feet; 2) Northerly around a curve to the right that has a radius of 602.96 feet, a chord bearing of North 12°53’17” West, a chord distance of 277.04 feet, and an arc distance of 279.54 feet; 3) North 0°23'37" East a distance of 159.53 feet to the Point of Beginning. Containing 65,948 square feet or 1.51 acres, more or less, giving 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, 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 right-of-way 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 All that part of the Northeast Quarter of Section 12, Township 51 North, Range 33 West of the Fifth Principal Meridian and the Northwest Quarter of Section 7, Township 51 North, Range 32 West of the Fifth Principal Meridian, situate in the City of Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 12; thence North 87°53’34” West (Basis of bearing: Grid North, Missouri Coordinate System of 1983, West Zone, NAD83), along the North line of the Northeast Quarter of said Section 12, a distance of 31.28 feet to the Point of Beginning; thence North 87°53'34" West, continuing along the North line of the Northeast Quarter of said Section 12, a distance of 57.36 feet to the intersection with the West right-of-way line of N. Prospect Avenue as defined in a General Warranty Deed filed with the Clay County, Missouri Recorder of Deeds in Book 1294 at Page 645 on February 23, 1978 and now being hereby established; thence along the West right-of-way line of said N. Prospect Avenue the following seven (7) courses: 1) South 22°23'38" West a distance of 4.16 feet; 2) South 0°37'20" West a distance of 156.93 feet (N. Prospect Ave. sta. 12+56.88, 90.0 feet right); 3) South 22°20'32" East a distance of 180.15 feet (N. Prospect Ave. sta. 14+13, 42.6 feet right); 4) South 0°29'00" West a distance of 77.65 feet (N. Prospect Ave. sta. 14+80, 68.0 feet right); 5) South 23°56'55" East a distance of 46.50 feet to the intersection with the line common between said Sections 12 and 7; 6) continuing South 23°56'55" East a distance of 49.51 feet (N. Prospect Ave. sta.15+71.3, 69.7 feet right); 7) South 23°49'06" East a distance of 844.36 feet to the intersection with the North right-of-way line of Relocated Barry Road, as now established (N. Prospect Ave. sta. 24+15.1, 100 feet right and Relocated Barry Road construction sta. 19+00.3, 84.8 feet left); thence North 66°35'38" East, along the Northeasterly prolongation of the North right-of-way line of said Relocated Barry Road, a distance of 17.74 feet; thence Northeasterly and Northerly, departing the Northeasterly prolongation of the North right-of-way line of said Relocated Barry Road, around a curve to the left that has a radius of 50.00 feet, a chord bearing of North 20°21’51” East, a chord distance of 72.21 feet, and an arc distance of 80.69 feet to the intersection with the line that is 30.00 feet West of and parallel with/concentric to the centerline of said N. Prospect Avenue as defined in said General Warranty Deed; thence along the line that is 30.00 feet West of and parallel with/concentric to the centerline of said N. Prospect Avenue the following three (3) courses: 1) North 25°51'57" West a distance of 843.26 feet; 2) Northerly around a curve to the right that has a radius of 602.96 feet, a chord bearing of North 12°53’17” West, a chord distance of 277.04 feet, and an arc distance of 279.54 feet; 3) North 0°23'37" East a distance of 159.53 feet to the Point of Beginning. Containing 65,948 square feet or 1.51 acres, more or less be and the same is hereby vacated, and subject to the following conditions:
1. The applicant shall relocate facilities as required by Spectrum Charter.
2. The applicant shall retain all utility easements and protect facilities required by AT&T.
3. The applicant shall retain all utility easements and protect facilities 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 Clay County, Missouri.
end
_____________________________________________
Approved as to form:
____________________________________
Sarah Baxter
Senior Associate City Attorney
Approved by the City Plan Commission
____________________________________
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.
____________________________________
Recorder
By_________________________________
Deputy