File #: 230521    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/7/2023 In control: Council
On agenda: 6/22/2023 Final action: 6/22/2023
Title: Sponsor: Director of the City Planning and Development Department Vacating a portion of public right-of-way in District DC-15 of about 2,100 square feet generally located on the east side of Wyandotte between 13th and 14th street to vacate the east-west alley and directing the City Clerk to record certain documents (CD-ROW-2023-00008).
Sponsors: City Plan Commission, Director of City Planning & Development
Attachments: 1. Docket Memo_CD-ROW-2023-00008_6-7-23, 2. 23.001 Alley Vacation Desc & Exhibit_v1, 3. 1_CD-ROW-2023-00008_CPC Staff Report_6-6-23, 4. Dispo_CD-ROW-2023-00008_6-7-23, 5. Petition for vacation of streets_v1, 6. Ownership Consent Form - KC Parking - Alley Vacation_v1, 7. KC Parking - Consent to Vacation_v1, 8. 2023-04-17 14 Wyandotte Utility Vacation Forms_v1, 9. 230521.Authenticated Ordinance, 10. 230521.Authenticated Ordinance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 230521

 

title

Sponsor:  Director of the City Planning and Development Department

 

Vacating a portion of public right-of-way in District DC-15 of about 2,100 square feet generally located on the east side of Wyandotte between 13th and 14th street to vacate the east-west alley and directing the City Clerk to record certain documents (CD-ROW-2023-00008).

 

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 25th day of February, 2023, a petition was filed with the City Clerk of Kansas City by Liam Dai for the vacation of a portion of right-of-way of an alley east of Wyandotte Street, between  13th Street and 12th Street, now established as a tract of land being part of, 2nd Resurvey of Reids Addition, a subdivision in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the Northwest corner of Lot 12, Block F, said 2nd Resurvey of Reids Addition, said point also being on the East Right-of-Way line of Wyandotte Street, as now established; thence North 02°05’26” East, along said East Right-of-Way line, 15.00 feet to the Southwest corner of Lot 25, Block 7, Reids Addition, a subdivision in said Kansas City, Jackson County, Missouri; thence South 86°49’13” East, along the South line of said Lot 25, 142.82 feet to the Southeast corner of said Lot 25; thence South 02°05’26” West, 15.00 feet to the North line of said Block F, 2nd Resurvey of Reids Addition; thence North 86°49’13” West, along said North line, 142.82 feet to the point of beginning, containing 2,142 square feet more or less, giving the distinct description of the 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 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 a portion of right-of-way of an alley east of Wyandotte Street, between  13th Street and 12th Street, now established as a tract of land being part of, 2nd Resurvey of Reids Addition, a subdivision in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the Northwest corner of Lot 12, Block F, said 2nd Resurvey of Reids Addition, said point also being on the East Right-of-Way line of Wyandotte Street, as now established; thence North 02°05’26” East, along said East Right-of-Way line, 15.00 feet to the Southwest corner of Lot 25, Block 7, Reids Addition, a subdivision in said Kansas City, Jackson County, Missouri; thence South 86°49’13” East, along the South line of said Lot 25, 142.82 feet to the Southeast corner of said Lot 25; thence South 02°05’26” West, 15.00 feet to the North line of said Block F, 2nd Resurvey of Reids Addition; thence North 86°49’13” West, along said North line, 142.82 feet to the point of beginning, containing 2,142 square feet more or less, 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.

 

                     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.

 

end

______________________________________________________

 

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