ORDINANCE NO. 240970
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Sponsor: Director of City Planning and Development Department
Vacating an approximately 7,300-square foot street in District B3-2 generally located on Archibald Avenue between Roanoke Road and Madison Avenue and directing the City Clerk to record certain documents. (CD-ROW-2024-00026)
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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 4th day of September, 2024, a petition was filed with the City Clerk of Kansas City by Rachelle Biondo for the vacation of all that part of Archibald Avenue, lying within Jones & Fisher’s Addition, a subdivision in Kansas City, Jackson County, Missouri, an lying between Roanoke Road and Southwest Trafficway as they both now exist, the area to be vacated being more particularly described as follows: Beginning at the Northeast corner of Lot 25, said Jones and Fishers Addition, thence South 59˚25’33” West, along the Northwesterly line of said Lot 25, a distance of 145.76 feet to the Westernmost corner of said Lot 25; thence South 89˚59’46” West, along the Westerly prolongation of the Southerly line of said Lot 25, a distance of 4.88 feet to the intersection of said Southerly line with the Southerly prolongation of the Westerly line Lot 23, said Jones and Fisher’s Addition; thence North 23˚01’37” West, along said Westerly line, a distance of 47.93 feet to the Southwesterly corner of Lot 23, said Jones and Fishers Addition; thence North 59˚25’53” East, along the Southerly line of Lots 23 to 21, inclusive, of said Jones and Fisher’s Addition, a distance of 149.90 feet to the Southeast corner of said Lot 21, said point being the Westerly line of Roanoke Road as now exists; thence South 23˚28’15” East, along said Westerly line, a distance of 50.39 feet to the point of beginning and all that part Lot 21, Jones & Fisher’s Addition, a subdivision in Kansas City, Jackson County, Missouri which is described in Corporation Warranty Deed filed for record as Document K238468, in Book K544 at Page 487 as follows: Beginning at the Southeast Corner of said Lot 21; thence Northwesterly along the Easterly line of said lot, 5 feet; thence Southwesterly along a straight line to a point on the Southeasterly line of said Lot 21, 45 feet West of the Southeast corner thereof; thence Northeasterly along the Southerly line of said lot, 45 feet to the point of beginning and All that part Lot 23, Jones & Fisher’s Addition, a subdivision in Kansas City, Jackson County, Missouri which is described in Corporation Warranty Deed filed for record as Document K883488, in Plat Book K37 at Page 89 as follows: Beginning at the Southwest corner of Lot 23, said Jones and Fisher’s Addition; thence North 23˚01’37” West, along the Westerly line of said Lot 23, a distance of 17.10’ (measured, 17.11’ platted) to a point on the southerly line of Crossroads at Westport; thence Southeasterly and Easterly along a curve to left along the Southerly line of said Crossroads at Westport, said curve having an Initial Tangent Bearing of S 23˚01’37” East, Radius of 15.00 feet. Delta of 97˚32’30” (measured 25.53’ platted) to a point on the Southeast line of Lot 23, said Jones and Fishers Addition; thence South 59˚25’53” West, a distance of 17.12 feet (measured, S 59˚26’50” W, 14.11’ platted) to the point of beginning; 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 Archibald Avenue, lying within Jones & Fisher’s Addition, a subdivision in Kansas City, Jackson County, Missouri, an lying between Roanoke Road and Southwest Trafficway as they both now exist, the area to be vacated being more particularly described as follows: Beginning at the Northeast corner of Lot 25, said Jones and Fishers Addition, thence South 59˚25’33” West, along the Northwesterly line of said Lot 25, a distance of 145.76 feet to the Westernmost corner of said Lot 25; thence South 89˚59’46” West, along the Westerly prolongation of the Southerly line of said Lot 25, a distance of 4.88 feet to the intersection of said Southerly line with the Southerly prolongation of the Westerly line Lot 23, said Jones and Fisher’s Addition; thence North 23˚01’37” West, along said Westerly line, a distance of 47.93 feet to the Southwesterly corner of Lot 23, said Jones and Fishers Addition; thence North 59˚25’53” East, along the Southerly line of Lots 23 to 21, inclusive, of said Jones and Fisher’s Addition, a distance of 149.90 feet to the Southeast corner of said Lot 21, said point being the Westerly line of Roanoke Road as now exists; thence South 23˚28’15” East, along said Westerly line, a distance of 50.39 feet to the point of beginning and all that part Lot 21, Jones & Fisher’s Addition, a subdivision in Kansas City, Jackson County, Missouri which is described in Corporation Warranty Deed filed for record as Document K238468, in Book K544 at Page 487 as follows: Beginning at the Southeast Corner of said Lot 21; thence Northwesterly along the Easterly line of said lot, 5 feet; thence Southwesterly along a straight line to a point on the Southeasterly line of said Lot 21, 45 feet West of the Southeast corner thereof; thence Northeasterly along the Southerly line of said lot, 45 feet to the point of beginning and All that part Lot 23, Jones & Fisher’s Addition, a subdivision in Kansas City, Jackson County, Missouri which is described in Corporation Warranty Deed filed for record as Document K883488, in Plat Book K37 at Page 89 as follows: Beginning at the Southwest corner of Lot 23, said Jones and Fisher’s Addition; thence North 23˚01’37” West, along the Westerly line of said Lot 23, a distance of 17.10’ (measured, 17.11’ platted) to a point on the southerly line of Crossroads at Westport; thence Southeasterly and Easterly along a curve to left along the Southerly line of said Crossroads at Westport, said curve having an Initial Tangent Bearing of S 23˚01’37” East, Radius of 15.00 feet. Delta of 97˚32’30” (measured 25.53’ platted) to a point on the Southeast line of Lot 23, said Jones and Fishers Addition; thence South 59˚25’53” West, a distance of 17.12 feet (measured, S 59˚26’50” W, 14.11’ platted) to the point of beginning; be and the same is hereby vacated and subject to the following conditions:
1. That the applicant shall retain all utility easements and protect facilities or relocate facilities as required by Spectrum Charter.
2. That the applicant remove all streetlight poles along Archibald Avenue between Roanoke Road and Madison Avenue and return the streetlights to Public Works at the applicant's cost.
3. That the applicant shall retain all utility easements and protect facilities required by Spire.
4. That the applicant shall retain all utility easements and protect facilities required by the Kansas City, Missouri Water Services Department.
5. That the applicant shall retain all utility easements and protect facilities 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.
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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, City Plan Commission
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