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File #: 250499    Version: Name:
Type: Ordinance Status: Referred
File created: 6/11/2025 In control: Council
On agenda: 6/26/2025 Final action:
Title: Sponsor: Councilmember Kevin O'Neill COMMITTEE SUBSTITUTE Vacating an approximately 15,500 square-foot section of right-of-way in District R-1.5 generally located south of the intersection of N.E. Barry Road; and N. Cleveland Avenue and directing the City Clerk to record certain documents. (CD-ROW-2025-00007)
Sponsors: Kevin O'Neill, Nathan Willett
Attachments: 1. Docket Memo_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAvenue, 2. Exhibit_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAve, 3. Petition to Vacation Form_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAvenue, 4. Utility Consent Forms_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAvenue, 5. Consent to Vacate Form_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAve, 6. CPC Staff Report_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAve, 7. CPC Staff Presentation_CD-ROW-2025-00007-MonarchTownhomes-NorthClevelandAvenue, 8. CPC Disposition Letter_CD-ROW-2025-00007_MonarchTownhomes-NorthClevelandAve, 9. 10-11_MonarchTownhomesVacation_CD-ROW-2025-00007, 10. 250499 cs to org ord-com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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[COMMITTEE SUBSTITUTE FOR] ORDINANCE NO. 250499

 

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Sponsor: Councilmember Kevin O’Neill

COMMITTEE SUBSTITUTE

 

Vacating an approximately 15,500 square-foot section of right-of-way in  District R-1.5  generally located south of the intersection of N.E. Barry Road; and N. Cleveland Avenue and directing the City Clerk to record certain documents. (CD-ROW-2025-00007) 

 

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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 4th day of February, 2025, a petition was filed with the City Clerk of Kansas City by Patricia Jensen for the vacation of a tract of land being located in the Northeast Quarter of the Southeast Quarter of Section 7, Township 51N, Range 32W, Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the Northeast Corner of the Southeast Quarter of said Section 7, thence North 89°15'57" West, a distance of 1285.00 feet to the Point Beginning; thence North 0° 34' 10" East, a distance of 7.18 feet; thence North 88° 57' 07" West, a distance of 58.67 feet; thence South 0° 34' 10" West, a distance of 249.07 feet; thence along a curve to the left having an initial tangent bearing of South 60° 13' 39" East and a radius of 1054.93 feet, an arc distance of 66.60; thence North 0° 34' 10" East, a distance of 272.03 feet to the Point of Beginning, Containing 15,583.42 Square Feet More or Less, 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 a tract of land being located in the Northeast Quarter of the Southeast Quarter of Section 7, Township 51N, Range 32W, Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the Northeast Corner of the Southeast Quarter of said Section 7, thence North 89°15'57" West, a distance of 1285.00 feet to the Point Beginning; thence North 0° 34' 10" East, a distance of 7.18 feet; thence North 88° 57' 07" West, a distance of 58.67 feet; thence South 0° 34' 10" West, a distance of 249.07 feet; thence along a curve to the left having an initial tangent bearing of South 60° 13' 39" East and a radius of 1054.93 feet, an arc distance of 66.60; thence North 0° 34' 10" East, a distance of 272.03 feet to the Point of Beginning, Containing 15,583.42 Square Feet More or Less be and the same is hereby vacated, and subject to the following conditions:

 

1.                     That the applicant allow AT&T 30-60 days to issue the project to retire cables in the vacated right-of-way.

 

2.                     That the applicant shall retain all utility easements and protect facilities required by Evergy.

 

3.                     That the applicant shall retain all utility easements and protect facilities required by the Water Services Department.

 

4.                     That the applicant shall retain utility easements and protect facilities required by Spectrum Charter.

 

                     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.

 

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______________________________________________________

 

Approved as to form:

 

 

                                                                                                                              ____________________________________

                                                                                                                              Sarah Baxter

                                                                                                                              Senior Associate City Attorney

 

                                                                                                                              Approved by the City Plan Commission

 

 

                                                                                                                              ____________________________________

                                                                                                                              Sara Copeland

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