ORDINANCE NO. 240682
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Sponsor: Director of City Planning and Development Department
Vacating an approximately 800 foot long street in District M3-5 on about 1.07 acres generally located at the corner of Prospect Avenue and East 87th Terrace; and directing the City Clerk to record certain documents. (CD-ROW-2024-00004)
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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 3rd day of March, 2024, a petition was filed with the City Clerk of Kansas City by Labconco Corporation for the vacation of a portion of East 87th Terrace right-of-way, being described as follows: All that part of Axtell Molinaro Industrial District, a subdivision in Kansas City, Jackson County Missouri being more particularly described as follows (the basis of bearing for this description is the North line of said subdivision also being the North line of the Southwest Quarter of Section 22, Township 48, Range 33, and has been prepared by Samuel J. DePriest MO PLS 2001300041 or under my direct supervision, March 13, 2024): Beginning at the southwest corner of Lot 20 of said subdivision, thence North 90 degrees 00 minutes 00 seconds East, with the north right of way line of East 87th Terrace, a distance of 800 feet, more or less, to a point on the west line of a tract of land described in a warranty deed to the City of Kansas City, Missouri found in instrument number 2005K0049704; thence South 27 degrees 39 minutes 03 seconds East, no longer with said right of way line, a distance of 67.74 feet to a point on the south right of way line of East 87th Terrace and to a point on the west line of a tract of land described in a warranty deed to the City of Kansas City, Missouri found in instrument number 2005K0049704; thence South 90 degrees 00 minutes 00 seconds West, with said right of way, a distance of 764.27 feet to a point on the east right of way line of Prospect Avenue; thence on a curve to the left having a radius of 578.01 feet, a central angle of 03 degree 26 minutes 31 seconds, an initial tangent bearing of North 01 degrees 53 minutes 29 seconds West, a distance of 34.72 feet, all being with the east right of way of Prospect Avenue; thence North 05 degrees 20 minutes 00 seconds West, a distance 25.46 feet to the point of beginning. The above described tract of land contains 46,917 square feet or 1.07 acres, more or less, to the point of beginning, giving the distinct description of the street right-of-way 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 right-of-way 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 the portion of right-of-way of East 87th Terrace generally located at the corner of Prospect Avenue and East 87th Terrace, being described as follows: All that part of Axtell Molinaro Industrial District, a subdivision in Kansas City, Jackson County Missouri being more particularly described as follows (the basis of bearing for this description is the North line of said subdivision also being the North line of the Southwest Quarter of Section 22, Township 48, Range 33, and has been prepared by Samuel J. DePriest MO PLS 2001300041 or under my direct supervision, March 13, 2024): Beginning at the southwest corner of Lot 20 of said subdivision, thence North 90 degrees 00 minutes 00 seconds East, with the north right of way line of East 87th Terrace, a distance of 800 feet, more or less, to a point on the west line of a tract of land described in a warranty deed to the City of Kansas City, Missouri found in instrument number 2005K0049704; thence South 27 degrees 39 minutes 03 seconds East, no longer with said right of way line, a distance of 67.74 feet to a point on the south right of way line of East 87th Terrace and to a point on the west line of a tract of land described in a warranty deed to the City of Kansas City, Missouri found in instrument number 2005K0049704; thence South 90 degrees 00 minutes 00 seconds West, with said right of way, a distance of 764.27 feet to a point on the east right of way line of Prospect Avenue; thence on a curve to the left having a radius of 578.01 feet, a central angle of 03 degree 26 minutes 31 seconds, an initial tangent bearing of North 01 degrees 53 minutes 29 seconds West, a distance of 34.72 feet, all being with the east right of way of Prospect Avenue; thence North 05 degrees 20 minutes 00 seconds West, a distance 25.46 feet to the point of beginning. The above described tract of land contains 46,917 square feet or 1.07 acres be and the same is hereby vacated. However, the City of Kansas City reserves an easement and the right to locate, construct and maintain (or to authorize any franchised utility to locate, construct and maintain) conduits, water, gas and sewer pipes, poles and wire, or any of them over, under, along and across the above-described property. The City of Kansas City shall have at all times the right to go upon the above-described property to construct, maintain and repair the same; and nothing in this vacation action shall be construed so as to grant any right to use the above-described property in any manner as would interfere with the construction or reconstruction and proper, safe and continuous maintenance of the aforesaid uses, and specifically, there shall not be built thereon or thereover any structure (except driveways, paved areas, grass, shrubs and fences) without first securing the written approval of the Director of Public Works, and subject to the following conditions:
1. Access to the levee system should be maintained for the U.S. Army Corps of Engineers to allow for performance of regular maintenance and emergency maintenance as this area is part of the Blue River Corridor in the Swope Area Plan.
2. The applicant shall retain a utility easement and protect facilities for AT&T utilities located in the right-of-way.
3. The applicant shall retain a utility easement and protect facilities for Spire utilities located in the right-of-way.
4. The applicant shall retain a utility easement and protect facilities for Evergy utilities located in the right-of-way.
5. The applicant shall retain a utility easement and protect facilities for Kansas City, Missouri Water Services utilities located in the right-of-way and to provide access to Kansas City Water Services to maintain assets and read meters along the vacated street and east side of cul de sac.
6. The applicant shall return the street lighting equipment for the three streetlights identified as: SDM1022, SDM1023, SDM1024 located on the south side of 87th Terrace to the city. The cost of any streetlight work/relocation/removal will be a cost to the project.
7. The applicant shall record a cross-access easement for all properties to retain legal access to the public right-of-way at the time of recording of this vacation.
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