ORDINANCE NO. 250448
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Sponsor: Director of City Planning and Development Department
Vacating approximately 0.14 acres of street right-of-way in Zoning District R-7.5 generally located on East 52nd Terrace approximately 1050 feet west of Dr. Martin Luther King Jr. Boulevard; and directing the City Clerk to record certain documents. (CD-ROW-2025-00005)
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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 a road easement as established April 29th, 1958, and recorded in Book B-5089 at Page 729, 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, said Tract 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 East line of said West half of Northwest Quarter of the Northwest Quarter of said Section 36 having a bearing of South 02° 17' 29" West as reference to the Missouri State Plane Coordinate System, West Zone, NAD 83.) COMMENCING at the Southwest corner of Lot 11, EASTWOOD TERRACE, a subdivision of land recorded April 16, 1928 as document number 1928K0379245, located in the City of Kansas City, Jackson County, Missouri; Thence North 87° 32' 02" West, 20.00 feet, on the westerly prolongation of the North Right-of-Way line of 52nd Street (as platted), to the East line of the West half of said Northwest Quarter of the Northwest Quarter of said Section 36, said line also being the East line of a parcel of land recorded in Warranty Deed, filed March 28th, 2018, as Instrument Number 2018E0025888; Thence North 02° 17' 29" East, 5.00 feet, on said East line of said parcel, to the Northeast corner of an existing Road Easement recorded as KURT KELLER'S INC. in Book B-5089, page 729; Thence North 87° 33' 11" West, 49.33 feet, on the North line of said Road Easement to the POINT OF BEGINNING of said Tract herein described; Thence Southwesterly on a tangent curve, having a Radius of 60.00 feet to the left, concave to the South, an arc length of 84.20 feet, said curve having with a chord bearing of South 52° 14' ' 38" West, and a chord distance of 77.46 feet, to a point on the South line of said Road Easement; Thence North 87° 33' 11" West,105.35 feet, on said South line, to the Southwest corner of said Road Easement; Thence North 02° 26' 49" East, 50.00 feet, on the West line of said Road Easement, to the Northwest Corner of said Road Easement; Thence South 87° 33' 11" East, 164.51 feet, on the North line of said Road Easement, to the POINT OF BEGINNING, said Tract containing 5995 square feet or 0.1376 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 a road easement as established April 29th, 1958, and recorded in Book B-5089 at Page 729, 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, said Tract 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 East line of said West half of Northwest Quarter of the Northwest Quarter of said Section 36 having a bearing of South 02° 17' 29" West as reference to the Missouri State Plane Coordinate System, West Zone, NAD 83.) COMMENCING at the Southwest corner of Lot 11, EASTWOOD TERRACE, a subdivision of land recorded April 16, 1928 as document number 1928K0379245, located in the City of Kansas City, Jackson County, Missouri; Thence North 87° 32' 02" West, 20.00 feet, on the westerly prolongation of the North Right-of-Way line of 52nd Street (as platted), to the East line of the West half of said Northwest Quarter of the Northwest Quarter of said Section 36, said line also being the East line of a parcel of land recorded in Warranty Deed, filed March 28th, 2018, as Instrument Number 2018E0025888; Thence North 02° 17' 29" East, 5.00 feet, on said East line of said parcel, to the Northeast corner of an existing Road Easement recorded as KURT KELLER'S INC. in Book B-5089, page 729; Thence North 87° 33' 11" West, 49.33 feet, on the North line of said Road Easement to the POINT OF BEGINNING of said Tract herein described; Thence Southwesterly on a tangent curve, having a Radius of 60.00 feet to the left, concave to the South, an arc length of 84.20 feet, said curve having with a chord bearing of South 52° 14' ' 38" West, and a chord distance of 77.46 feet, to a point on the South line of said Road Easement; Thence North 87° 33' 11" West,105.35 feet, on said South line, to the Southwest corner of said Road Easement; Thence North 02° 26' 49" East, 50.00 feet, on the West line of said Road Easement, to the Northwest Corner of said Road Easement; Thence South 87° 33' 11" East, 164.51 feet, on the North line of said Road Easement, to the POINT OF BEGINNING, said Tract containing 5995 square feet or 0.1376 acres 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 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.
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Recorder
By_________________________________
Deputy