ORDINANCE NO. 260352
title
Sponsor: Director of City Planning and Development Department
Vacating approximately 35,000 square feet of right-of-way in District M1-5 generally located on North Olive Street between Rochester Avenue and Nicholson Avenue; and directing the City Clerk to record certain documents. (CD-ROW-2025-00036)
body
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 10th day of October, 2025, a petition was filed with the City Clerk of Kansas City by Chris Kline for the vacation of All that part of North Olive Street lying South of the Southeast right-of-way line of Nicholson Avenue, as now established, and all that party lying North of the Westerly extension of the North line of Lot 48 of Block 3 of Hamlin’s Addition, said extension also being the North right-of-way line of an existing 15 feet wide alley, as now established, located in the Southeast Quarter of Fractional Section 28, Township 50 North, Range 33 West, all being in the City of Kansas City, Clay County Missouri, being more particularly described by Patrick E. Ward, MO PLS-2005000071, of Olsson, Inc. Missouri LC-366, on March 27, 2025, 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 All that part of North Olive Street lying South of the Southeast right-of-way line of Nicholson Avenue, as now established, and all that party lying North of the Westerly extension of the North line of Lot 48 of Block 3 of Hamlin’s Addition, said extension also being the North right-of-way line of an existing 15 feet wide alley, as now established, located in the Southeast Quarter of Fractional Section 28, Township 50 North, Range 33 West, all being in the City of Kansas City, Clay County Missouri, being more particularly described by Patrick E. Ward, MO PLS-2005000071, of Olsson, Inc. Missouri LC-366, on March 27, 2025, be and the same is hereby vacated, and subject to the following conditions:
1. The applicant shall dedicate water main and sewer main easements for the existing assets located within the right-of-way.
2. The applicant shall retain all utility easements and protect facilities required by Evergy.
3. The applicant shall retain all utility easements and protect facilities required by Spire.
4. The applicant shall retain all utility easements and protect facilities required by AT&T.
5. No structures shall be built over the water and sewer easements.
6. The applicant shall provide a public access easement the full length of the vacated portion of the right-of-way and that City approval is required to revoke the easement.
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 in the Recorder's Office in Jackson County, Missouri.
end
______________________________________________________
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.
____________________________________
Recorder
By_________________________________
Deputy