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File #: 260241    Version: 1 Name:
Type: Ordinance Status: Referred
File created: 2/9/2026 In control: Neighborhood Planning and Development Committee
On agenda: 3/3/2026 Final action:
Title: Sponsor: Director of City Planning and Development Department Vacating an approximately 4 acre plat and associated right-of-way in District UR generally located at the southwest corner of Highway 9 and Northwest Briarcliff Parkway; and directing the City Clerk to record certain documents. (CD-ROW-2025-00042)
Sponsors: Director of City Planning & Development
Attachments: 1. Docket Memo_CD-ROW-2025-00042_Darby Townhome Vacation, 2. Legal Description_CD-ROW-2025-00042_Darby Townhome Vacation, 3. Vacation Exhibit_CD-ROW-2025-00042_Darby Townhome Vacation, 4. Staff Report_CD-ROW-2025-00042_Darby Townhome Vacation_2-4-26, 5. Petition to Vacate_CD-ROW-2025-00042_Darby Townhome Vacation, 6. Consent to Vacate_CD-ROW-2025-00042_Darby Townhome Vacation, 7. Utility Consents_CD-ROW-2025-00042_Darby Townhome Vacation, 8. Dispo CPC_CD-ROW-2025-00042_Darby Townhome Vacation_2-4-26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 260241

 

title

Sponsor: Director of City Planning and Development Department

 

Vacating an approximately 4 acre plat and associated right-of-way in District UR generally located at the southwest corner of Highway 9 and Northwest Briarcliff Parkway; and directing the City Clerk to record certain documents. (CD-ROW-2025-00042) 

 

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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 seventh day of January, 2026, a petition was filed with the City Clerk of Kansas City by Qiyamah Muhammad for the vacation of All that part of Blocks 3, 4, 5 and 6, Wilson Ritchey Addition, a recorded subdivision in the City of Kansas City, Clay County, Missouri, lying in the Fractional Northwest Quarter of Section 10, Township 50 North, Range 33 West, being described on November 17, 2025, by Timothy Blair Wiswell, PLS-2009000067 of Olsson, Inc., LC-366, as follows: COMMENCING at the Northeast corner of the Fractional Northwest Quarter of Section 10, Township 50 North, Range 33 West, Clay County, Missouri; thence North 88 degrees 59 minutes 27 seconds West along the North line of the Fractional Northwest Quarter of said Section 10 a distance of 1727.15 feet to the Northwest corner of the Fractional Northwest Quarter of said Section 10 (Clay County), being the Platte County and Clay County line; thence South 0 degrees 49 minutes 11 seconds West, on the West line of said Fractional Northwest Quarter a distance of 453.35 feet to a point on the South right of way line of Missouri State Highway No. 9, as now established, a non-tangent curve, the POINT OF BEGINNING; thence on said South right-of-way line, in a Southeasterly direction, on a curve to the right whose initial tangent bears South 74 degrees 16 minutes 54 seconds East, having a radius of 2709.79 feet, through a central angle of 1 degrees 26 minutes 29 seconds, an arc distance of 68.17 feet to a point on a non-tangent line; thence South 48 degrees 26 minutes 29 seconds East, continuing on said South right-of-way line a distance of 469.81 feet to the Northwest corner of said South right-of way line conveyed in Instrument No. 2009034564, Book 6275, Page 144, recorded at the Clay County Recorder of Deeds office; thence South 10 degrees 46 minutes 42 seconds West, continuing on the Northwesterly right-of-way line of last said instrument a distance of 94.84 feet to a point; thence South 14 degrees 56 minutes 23 seconds West, on the Northerly line of said Tullison Road, also conveyed in last said instrument, a distance of 46.43 feet to a point; thence South 46 degrees 54 minutes 40 seconds West, continuing on said Northerly right-of-way line a distance of 75.38 feet to a point; thence South 75 degrees 29 minutes 00 seconds West, continuing on said Northerly right-of-way line a distance of 19.96 feet to a point; thence South 83 degrees 34 minutes 17 seconds West, continuing on said Northerly right-of-way line a distance of 59.40 feet to a point; thence North 82 degrees 04 minutes 17 seconds West, continuing on said Northerly right-of-way line a distance of 61.72 feet to a point; thence North 62 degrees 57 minutes 30 seconds West, continuing on said Northerly right-of-way line a distance of 83.27 feet to a point; thence North 49 degrees 42 minutes 42 seconds West, continuing on said Northerly right-of-way line a distance of 79.16 feet to a point; thence North 33 degrees 20 minutes 35 seconds West, continuing on said Northerly right of way line a distance of 114.60 feet to a point on the West line of said fractional section; thence North 0 degree 49 minutes 11 seconds East, on said West line and said county line a distance of 338.86 feet to the POINT OF BEGINNING and containing 139,430 Square Feet or 3.2009 acres, 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 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 Blocks 3, 4, 5 and 6, Wilson Ritchey Addition, a recorded subdivision in the City of Kansas City, Clay County, Missouri, lying in the Fractional Northwest Quarter of Section 10, Township 50 North, Range 33 West, being described on November 17, 2025, by Timothy Blair Wiswell, PLS-2009000067 of Olsson, Inc., LC-366, as follows: COMMENCING at the Northeast corner of the Fractional Northwest Quarter of Section 10, Township 50 North, Range 33 West, Clay County, Missouri; thence North 88 degrees 59 minutes 27 seconds West along the North line of the Fractional Northwest Quarter of said Section 10 a distance of 1727.15 feet to the Northwest corner of the Fractional Northwest Quarter of said Section 10 (Clay County), being the Platte County and Clay County line; thence South 0 degrees 49 minutes 11 seconds West, on the West line of said Fractional Northwest Quarter a distance of 453.35 feet to a point on the South right of way line of Missouri State Highway No. 9, as now established, a non-tangent curve, the POINT OF BEGINNING; thence on said South right-of-way line, in a Southeasterly direction, on a curve to the right whose initial tangent bears South 74 degrees 16 minutes 54 seconds East, having a radius of 2709.79 feet, through a central angle of 1 degrees 26 minutes 29 seconds, an arc distance of 68.17 feet to a point on a non-tangent line; thence South 48 degrees 26 minutes 29 seconds East, continuing on said South right-of-way line a distance of 469.81 feet to the Northwest corner of said South right-of way line conveyed in Instrument No. 2009034564, Book 6275, Page 144, recorded at the Clay County Recorder of Deeds office; thence South 10 degrees 46 minutes 42 seconds West, continuing on the Northwesterly right-of-way line of last said instrument a distance of 94.84 feet to a point; thence South 14 degrees 56 minutes 23 seconds West, on the Northerly line of said Tullison Road, also conveyed in last said instrument, a distance of 46.43 feet to a point; thence South 46 degrees 54 minutes 40 seconds West, continuing on said Northerly right-of-way line a distance of 75.38 feet to a point; thence South 75 degrees 29 minutes 00 seconds West, continuing on said Northerly right-of-way line a distance of 19.96 feet to a point; thence South 83 degrees 34 minutes 17 seconds West, continuing on said Northerly right-of-way line a distance of 59.40 feet to a point; thence North 82 degrees 04 minutes 17 seconds West, continuing on said Northerly right-of-way line a distance of 61.72 feet to a point; thence North 62 degrees 57 minutes 30 seconds West, continuing on said Northerly right-of-way line a distance of 83.27 feet to a point; thence North 49 degrees 42 minutes 42 seconds West, continuing on said Northerly right-of-way line a distance of 79.16 feet to a point; thence North 33 degrees 20 minutes 35 seconds West, continuing on said Northerly right of way line a distance of 114.60 feet to a point on the West line of said fractional section; thence North 0 degree 49 minutes 11 seconds East, on said West line and said county line a distance of 338.86 feet to the POINT OF BEGINNING and containing 139,430 Square Feet or 3.2009 acres, more or less.be and the same is hereby vacated, and subject to the following conditions:

 

1.                     The applicant shall retain all utility easements and protect facilities required by AT&T.

 

2.                     The applicant shall retain all utility easements and protect facilities required by Spire.

 

3.                     The applicant shall retain all utility easements and protect facilities or relocate facilities if found to be in conflict at the applicant’s expense as required by Spectrum Charter.

 

4.                     The applicant shall retain all existing utility easements and protect all facilities required by Evergy. Any relocation of utilities shall only occur if service is maintained, all associated costs are reimbursed by the applicant, and any necessary easements are granted.

 

5.                     Streetlights found adjacent to the plat to be vacated shall not be removed.

 

6.                     The applicant shall retain all utility easements and protect facilities as required by Kansas City Water Services. No structures shall be built within the easements.

 

 

                     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 Clay 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                           

    

 

 




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