ORDINANCE NO. 241041
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Sponsor: Director of City Planning and Development Department
Vacating an approximately 83,000-square foot area of unimproved right-of-way in District B3-3 generally located on Northwest Skyview Avenue between North Ambassador Drive and Northwest Old Tiffany Springs Road and directing the City Clerk to record certain documents. (CD-ROW-2024-00018)
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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 24th day of June, 2024, a petition was filed with the City Clerk of Kansas City by Matthew Kist for the vacation of right-of-way in the Northwest Quarter of Section 6, Township 51 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows, prepared on June 21, 2024 by John B. Young, PLS-2006016647: Commencing at the southwest corner of said Northwest Quarter, thence North 00˚19’05” East along the west line of said Northwest Quarter, 45.00 feet to the north right-of-way line of N.W. Old Tiffany Springs Road, as now established; thence North 89˚05’31” East along said north right-of-way line, 17.12 feet to the point of beginning; thence on a curve to the right, having an initial tangent bearing North 06˚15’02” East, a radius of 1221.43 feet and an arc length of 377.96 feet; thence South 66˚10’36” East, 25.00 feet; thence North 23˚49’24” East, 532.45 feet to the south right-of-way line of N. Ambassador Drive, as now established; thence South 69˚49’45” East along said south right-of-way line, 70.00 feet; thence South 23˚49’24” West, 536.93 feet; thence South 66˚10’36” East, 25.00 feet; thence on a curve to the left, having an initial tangent bearing South 23˚48’03” West, a radius of 1,091.90 feet and an arc length of 329.84 feet to said north right-of-way line of N.W. Old Tiffany Springs Road; thence North 89˚08’06” West along said north right-of-way line, 120.63 feet to the point of beginning, containing 79,785 square feet more or less, 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 right-of-way in the Northwest Quarter of Section 6, Township 51 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows, prepared on June 21, 2024 by John B. Young, PLS-2006016647: Commencing at the southwest corner of said Northwest Quarter, thence North 00˚19’05” East along the west line of said Northwest Quarter, 45.00 feet to the north right-of-way line of N.W. Old Tiffany Springs Road, as now established; thence North 89˚05’31” East along said north right-of-way line, 17.12 feet to the point of beginning; thence on a curve to the right, having an initial tangent bearing North 06˚15’02” East, a radius of 1221.43 feet and an arc length of 377.96 feet; thence South 66˚10’36” East, 25.00 feet; thence North 23˚49’24” East, 532.45 feet to the south right-of-way line of N. Ambassador Drive, as now established; thence South 69˚49’45” East along said south right-of-way line, 70.00 feet; thence South 23˚49’24” West, 536.93 feet; thence South 66˚10’36” East, 25.00 feet; thence on a curve to the left, having an initial tangent bearing South 23˚48’03” West, a radius of 1,091.90 feet and an arc length of 329.84 feet to said north right-of-way line of N.W. Old Tiffany Springs Road; thence North 89˚08’06” West along said north right-of-way line, 120.63 feet to the point of beginning, containing 79,785 square feet more or less, be and the same is hereby vacated and subject to the following conditions:
1. The applicant shall relocate facilities if deemed necessary by Spectrum at applicant’s expense and dedicate a new easement as required by Spectrum.
2. The applicant shall relocate facilities if deemed necessary by Evergy at applicant’s expense and dedicate a new easement as required by Evergy.
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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Sara Copeland, FAICP 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.
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Recorder
By_________________________________
Deputy