File #: 240599    Version: 1 Name:
Type: Ordinance Status: Held
File created: 7/3/2024 In control: Council
On agenda: 11/14/2024 Final action:
Title: Sponsor: Director of City Planning and Development Department Vacating an approximately 130 foot street in District R-7.5 zoning generally located on Fremont Avenue north of East 55th Terrace; and directing the City Clerk to record certain documents. (CD-ROW-2023-00053).
Sponsors: Director of City Planning & Development
Attachments: 1. Docket Memo_55th Terr Vacation_CD-ROW-2023-00053, 2. Vacation Exhibit_CD-ROW-2023-00053_Fremont St Vacation, 3. Staff Report_CD-ROW-2023-00053_Fremont St Vacation_CPC Staff Report_6-5-23, 4. Petition to Vacation_CD-ROW-2023-00053_Fremont St Vacation, 5. Consent to Vacate_CD-ROW-2023-00053_Fremont St Vacation, 6. Utility Comments_CD-ROW-2023-00053_Fremont St Vacation, 7. Staff Presentation to CPC_CD-ROW-2023-00053_Fremont St Vacation, 8. Disposition Letter by CPC_CD-ROW-2023-00053_Fremont St Vacation_7-3-24, 9. Adjacent Neighbor Opposition Letter to CPC_6-25-24, 10. Daniel Heryer Public Testimony 7.23.24, 11. Kristen Ellis Johnson Public Testimony 7.23.24, 12. CPD PPT Presentation 7.23.24, 13. 08.01.24 Revised Written Testimony Dan Heryer and Brooke Salvaggio - 5500 Bennington Ave Opposing Ordinance 240599

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 240599

 

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Sponsor:  Director of City Planning and Development Department

 

Vacating an approximately 130 foot street in District R-7.5 zoning generally located on Fremont Avenue north of East 55th Terrace; and directing the City Clerk to record certain documents.  (CD-ROW-2023-00053).

 

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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 13th day of December 2023, a petition was filed with the City Clerk of Kansas City by Herb Hardwick of Hardwick Law Firm, LLC for the vacation of a street beginning at the Northwest corner of Lot 27, Country Aire Estates, a subdivision in the City of Kansas City, Jackson County, Missouri; Thence South a distance of 130.88 feet along the West line of said Lot 27, said line also being the East right-of-way line of Fremont Avenue as established by said subdivision, to the North right-of-way line of 55th Street Terrace as also established by said subdivision; Thence West a distance of 50.00 feet to the Southeast corner of Lot 8, Blue Vista, a subdivision in said City, County, and State; Thence North 130.88 feet along the East line of said Lot 8, said line also being the West right-of-way line of Fremont Avenue as established by last said subdivision, to the North line of the Southwest 1/4 of Section 36, Township 49 North, Range 33 West; Thence East 50.00 feet along said North line to the point of beginning; 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 vacation of a street beginning at the northwest corner of Lot 7, of said Block 4, Bonfils Heights, also being the east right-of-way of Wyoming Street, as now established; thence North 00°04’22” West, along said east right-of-way line, 15.01 feet, to the southwest corner of Lot 6, of said Block 4, Bonfils Heights; thence South 87°18’45’ East, along the south line of said Lot 6, 144.87 feet, to the southeast corner of said Lot 6; thence South 00°04’22” East, along the east line of said Block 4, Bonfils Heights, 15.01 feet, to the northeast corner of Lot 11, of said Bonfils Heights; thence North 87°18’45” West, along the south line of Lots 7, 8, 9, 10, and 11, of said Block 4, Bonfils Heights, 144.87 feet, to the point of beginning, containing 2172 square feet or 0.05 acres more or less be and the same is hereby vacated.

 

                     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.

 

                     Section 6.  All Ordinances or parts of Ordinances in conflict with this Ordinance are, in so much as they conflict with this Ordinance, hereby repealed.

 

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______________________________________________________

 

                                                                                                                              Approved as to form:

 

 

                                                                                                                              ____________________________________

                                                                                                                              Sarah Baxter

                                                                                                                              Senior Associate City Attorney

 

                                                                                                                              Approved by the City Plan Commission

 

 

                                                                                                                              ____________________________________

                                                                                                                              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