ORDINANCE NO. 260900
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Sponsor: Director of Public Works Department
Detaching from the City of Kansas City approximately 27,382 square feet, or 0.63 acres generally including three properties located in the Northwest Quarter of Sections 32 of Township 50 North, Range 32 West of the 5th Principal Meridian; and directing the City Manager to file certified copies of this ordinance with the required Jackson County officials. (CD-CPC-2026-00088)
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WHEREAS, the City of Kansas City and the City of Independence Share a border generally located at the centerline of E. Kentucky Road, from the centerline of Hillcrest Drive west to a point generally 100 feet Northeast of the centerline of E. 1st Street and Kentucky Road; and
WHEREAS, the City of Kansas City intends to detach such portions of unimproved property dedicated as Right of Way for the City of Kansas City abutting the properties commonly known as: 400 N. Kentucky Ave., 420 N. Kentucky Ave., 400 Norledge Ave., all within the corporate city limits of Kansas City; and
WHEREAS, upon concurrent annexation by the City of Independence, such portion of E. Kentucky Road will be completely within the control of the City of Independence; and
WHEREAS, it is in the best interest of each municipality to complete this action; and
WHEREAS, the property to be concurrently annexed by the City of Independence and detached by Kansas City abuts the City of Independence; and
WHEREAS, all provisions of Section 71.011, RSMo., authorizing such concurrent detachment and annexation have been met; and
WHEREAS, there are no residents living in the area to be detached; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the following property, generally located in the Northwest Quarter of Sections 32 of Township 50 North, Range 32 West of the 5th Principal Meridian and more specifically described as follows:
A tract of land, being part of Kentucky Avenue as now exists and being in the Northwest Quarter of Section 32, Township 50 North, Range 32 West, in Jackson County, Missouri, and that portion of Kentucky Avenue formerly known as Sugar Creek Road established per 1931 plans titled ‘Jackson County Highway Engineering Department - Plan and Profile of The Sugar Creek Road (Kentucky Ave.)-From Winner Road to U.S. RTE. NO. 24, obtained from Jackson County Public Works office. The description described herein is for a North portion of said Kentucky Avenue and is for annexation purposes only.
Commencing at the Southwest Corner of said Northwest Quarter of said Section 32; thence S 87°11'35" E along the South line of said Northwest Quarter, a distance of 784.24 feet to a point on the centerline of Kentucky Avenue per said plans; thence N 28°47'50" E along said centerline, a distance of 253.03 feet to a point of curvature; thence Northeasterly along a curve to the right being tangent to the last course and having a radius of 358.13 feet, a delta angle of 47°11'47", and an arc length of 295.00 feet to the Point of Beginning; thence N 14°00'23" W, a distance of 40.00 feet to a point on the North right-of-way of said Kentucky Avenue per said plans, said point also being approximately at the East side of a gravel drive commonly known as Hayworth Road; thence Easterly along a curve to the right having an initial tangent bearing of N 75°59'37" E , a radius of 398.13 feet, a delta angle of 45°25'13", and an arc length of 315.61 feet; thence S 58°35'10" E, a distance of 388.10 feet to the centerline of Hillcrest Drive, a road platted per the subdivision plat of Washington Park Annex filed as Document No. 1926I0211536 in Book 8, Page 62 at the Recorder of Deeds office of Jackson County; thence S 40°46'50" W along said centerline of said Hillcrest Drive, a distance of 40.54 feet to the intersection with the centerline of an 80 feet wide right-of-way of said Kentucky Avenue per said plans; thence N 58°35'10" W along centerline of said Kentucky Avenue, a distance of 381.50 feet to a point of curvature; thence Westerly along said centerline along a curve to the left being tangent to the last course and having a radius of 358.13 feet, a delta angle of 45°25'13", and an arc length of 283.90 feet to the Point of Beginning, and containing 27,382 square feet, more or less, less any part thereof already annexed into the limits of the City of Independence, Missouri (the “Property”)
is hereby declared to be detached from the City of Kansas City upon annexation by the City of Independence.
Section 2. The City of Kansas City hereby relinquishes to the City Independence its right, title or interest in the right of way for E. Kentucky Road that is included in the Property that is being detached herein; provided, however, that Kansas City retains an exclusive easement in the north half of the right of-way, including but not limited to the current location of Kansas City’s water, sewer, and stormwater utilities. Kansas City shall retain the right to operate, maintain and construct water, wastewater, and stormwater infrastructure under, along and across the easement. Kansas City shall have at all times the right to go upon the easement and Independence, Missouri will not use the said right-of-way in any manner that would interfere with the operation, maintenance or construction of Kansas City's infrastructure or its related systems. Any work performed by or for Kansas City in the easement shall be performed pursuant to Kansas City's standards for such work. Notice of any such work shall be given by Kansas City to Independence, Missouri as soon as reasonably practicable. Independence, Missouri shall not require permits, bonds, or other similar measures for such work, but shall rely upon Kansas City to ensure that the work is performed in a workmanlike and timely manner.
To the extent that any such infrastructure is currently located in the north half of the right-of-way, Independence, Missouri will grant to Kansas City, and Kansas City will accept a non-exclusive 25” wide easement from the center line of E. Kentucky Road north to the north line of the existing right of way. Kansas City shall retain the right to operate, maintain and construct water, wastewater, and stormwater infrastructure under, along and across the easement. Kansas City shall have at all times the right to go upon the easement and Independence, Missouri will not use the said right-of-way in any manner that would interfere with the operation, maintenance or construction of Kansas City's infrastructure or its related systems. Any work performed by or for Kansas City in the easement shall be performed pursuant to Kansas City's standards for such work. Notice of any such work shall be given by Kansas City to Independence, Missouri as soon as reasonably practicable. Independence, Missouri shall not require permits, bonds, or other similar measures for such work, but shall rely upon Kansas City to ensure that the work is performed in a workmanlike and timely manner.
Both Independence, Missouri and Kansas City, Missouri acknowledge that it may be necessary to bring utilities across E. Kentucky Road at certain locations. When it is deemed necessary to make such a crossing, they will cooperate to reasonably accomplish such crossing without undue delay or unnecessary cost. Prior to Independence making or allowing such a crossing, it will submit plans to Kansas City for its review and approval, which will not be unreasonably withheld. Prior to Kansas City making or allowing such a crossing, it will submit plans to Independence for its review and approval, which will not be unreasonably withheld. It is understood that both Independence and Kansas City will acknowledge the presence of existing infrastructure in place before a crossing is made and take all steps necessary to preserve the integrity of such infrastructure and access to it.
Section 3. That the reasons for and purposes to be accomplished with this detachment by the City of Kansas City are that it will allow for better coordination of utility service and better provision of services for the benefit of the citizens and property owners in the affected area.
Section 4. That the City Manager is hereby directed to file certified copies of this ordinance with the appropriate Jackson County officials as required by Section 71.011.1, RSMo, simultaneously with the filing of the City of Independence’s ordinance annexing the Property in the office of the County Clerk of Jackson County, the Jackson County Assessor, the Recorder of Deeds of Jackson County, and the Clerk of the Circuit Court of Jackson County.
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Approved as to form:
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Abigail Judah
Associate City Attorney