ORDINANCE NO. 240429
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Sponsor: Director of City Planning and Development Department
Vacating an approximate 647 foot-long alley of about 24,227 SF in District M1-5 zoning generally located between Washington Street and Broadway Boulevard north of West 17th Street; and directing the City Clerk to record certain documents. (CD-ROW-2023-000050)
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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 1st day of December 2023, a petition was filed with the City Clerk of Kansas City by Tyler Wysong of Kimley-Horn, That portion of the North-South Alley (12 feet wide) as shown on Ford & Whitworth Addition, a subdivision in the City of Kansas City, the North-South Alley (11 feet wide) as shown on Balis Addition, a subdivision in the City of Kansas City, and a portion of the North-South (11 feet wide) Alley in Block 1 of King & Bouton’s Addition, a subdivision in the City of Kansas City, situated in the Southeast quarter of Section 6, Township 49 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri, described as follows: commencing for reference at the Southeast corner of Lot 28 in Block 1 of said King & Bouton’s Addition; Thence, along the East line of said Lot 28, North 02°00’19” East, 4.00 feet to the true point of beginning; Thence, along the West line of said Alley, and along the East line of Lots 28 through 40 in Block 1 of said King & Bouton’s Addition, and along the East lines of Lots 7 through 11 of said Balis Addition, North 02°00’19” East, 474.03 feet to a point on the North line of said Lot 11; Thence, along the North line of said Lot 11, South 87°41’01” East, 3.13 feet to the Southeast corner of Lot 7 of said Ford & Whitworth Addition; Thence, along the West line of said Alley, and along the East lines of Lot 7, 8 and 14 of said Ford & Whitworth Addition, North 02°00’16” East, 173.15 feet to a point on the Southerly line of Interstate 35; Thence, along the Southerly line of Interstate 35, North 58°23’02” East, 14.41 feet to the East line of said Alley, said point lying on the West line of Lot 1 of said Ford & Whitworth Addition; Thence, along the East line of said Alley, and along the West lines of Lot 1 through 6 of said Ford & Whitworth Addition, South 02°00’16” West, 181.20 feet to a point on the North line of Lot 1 in said Balis Addition; Thence, along the North line of said Lot 1, North 87°41’01” West, 4.13 feet to the Northwest corner of said Lot 1; Thence, along the East line of said Alley, and along the West lines of Lots 1 through 6 of said Balis Addition, and along the West lines of Lots 1 through 13 in Block 1 of said King & Bouton’s Addition, South 02°00’19” West, 474.08 feet to a point 4.00 feet North of the Southwest corner of said Lot 13; Thence, North 87°26’15” West, 11.00 feet to the true point of beginning, Contains 24,227 square feet, more or less; giving the distinct description of the alley 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 alley 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 the alley commencing for reference at the Southeast corner of Lot 28 in Block 1 of said King & Bouton’s Addition; Thence, along the East line of said Lot 28, North 02°00’19” East, 4.00 feet to the true point of beginning; Thence, along the West line of said Alley, and along the East line of Lots 28 through 40 in Block 1 of said King & Bouton’s Addition, and along the East lines of Lots 7 through 11 of said Balis Addition, North 02°00’19” East, 474.03 feet to a point on the North line of said Lot 11; Thence, along the North line of said Lot 11, South 87°41’01” East, 3.13 feet to the Southeast corner of Lot 7 of said Ford & Whitworth Addition; Thence, along the West line of said Alley, and along the East lines of Lot 7, 8 and 14 of said Ford & Whitworth Addition, North 02°00’16” East, 173.15 feet to a point on the Southerly line of Interstate 35; Thence, along the Southerly line of Interstate 35, North 58°23’02” East, 14.41 feet to the East line of said Alley, said point lying on the West line of Lot 1 of said Ford & Whitworth Addition; Thence, along the East line of said Alley, and along the West lines of Lot 1 through 6 of said Ford & Whitworth Addition, South 02°00’16” West, 181.20 feet to a point on the North line of Lot 1 in said Balis Addition; Thence, along the North line of said Lot 1, North 87°41’01” West, 4.13 feet to the Northwest corner of said Lot 1; Thence, along the East line of said Alley, and along the West lines of Lots 1 through 6 of said Balis Addition, and along the West lines of Lots 1 through 13 in Block 1 of said King & Bouton’s Addition, South 02°00’19” West, 474.08 feet to a point 4.00 feet North of the Southwest corner of said Lot 13; Thence, North 87°26’15” West, 11.00 feet to the true point of beginning, Contains 24,227 square feet, more or less and the same is hereby vacated, and subject to the following conditions:
1. The applicant shall retain all utility easements and protect facilities or relocate facilities at the applicant's expense as required by AT&T.
2. The applicant shall relocate facilities required by Kansas City, Missouri Water Services Department.
3. The applicant shall retain all utility easements and protect facilities required by Evergy and that the streetlight pedestal requires a redesign to refeed the pedestal that the requestor is responsible for costs of the designed refeed.
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:
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Sarah Baxter
Senior Associate City Attorney
Approved by the City Plan Commission
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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____.
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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