File #: 240853    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/11/2024 In control: Council
On agenda: 9/25/2024 Final action: 9/26/2024
Title: Sponsor: Director of City Planning and Development Department Vacating an approximately 18,000 square-foot area of unimproved street in Zoning District MPD generally located at the southeast corner of Lydia Avenue and Berkley Parkway; and directing the City Clerk to record certain documents.
Sponsors: Director of City Planning & Development, Eric Bunch
Attachments: 1. Docket Memo_Lydia Ave & Berkley Parkway Vacation_CD-ROW-2024-00017, 2. Legal Description and Exhibit_Lydia & Berkley Vacation_CD-ROW-2024-00017, 3. Petition to Vacate_Lydia & Berkley Vacation_CD-ROW-2024-00017, 4. Consent to Vacate_Lydia & Berkley Vacation_CD-ROW-2024-00017, 5. Utility Comments_Lydia & Berkley Vacation_CD-ROW-2024-00017, 6. Staff Report CPC_Lydia & Berkley Vacation_CD-ROW-2024-00017_9-4-24, 7. Staff Presentation_Lydia Ave & Berkley Parkway Vacation_CD-ROW-2024-00017_9-4-24, 8. Dispo CPC_Lydia Ave & Berkley Parkway Vacation_CD-ROW-2024-00017_9-4-24, 9. NPD_9-24-24_Ordinance 240853_Lydia & Berkley Vacation, 10. Authenticated Ordinance 240853, 11. 240853.Recorded Information 10.8.2024
Related files: 240833

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 240853

 

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Sponsor:  Director of City Planning and Development Department

 

Vacating an approximately 18,000 square-foot area of unimproved street in Zoning District MPD generally located at the southeast corner of Lydia Avenue and Berkley Parkway; and directing the City Clerk to record certain documents.

 

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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 that on the 6th day of August, 2024, a petition was filed with the City Clerk of Kansas City by Ryan Hunt for the vacation of all that part of the Northwest Quarter of Section 33, Township 50, Range 33, Kansas City, Jackson County, Missouri described as follows: Commencing at the southwest corner of the Northwest Quarter of said Section 33; thence North 02°17'26" East, along the west line of said Northwest Quarter, 626.40 feet to the northerly right-of-way line of the Burlington Northern and San Francisco Railroad; thence North 66°00'08" East, along said northerly right-of-way line, 788.71 feet to the point of beginning; thence North 04°34'16" West, 171.80 feet; thence North 38°00'00" West, 136.82 feet to the southwesterly prolongation of the southeasterly right-of-way line of Highway I-29/I-35/U.S. 71; thence North 39°40'48" East, along said prolongation and southeasterly right-of-way line, 161.16 feet to the easterly right-of-way line of Lydia Avenue; thence in a southwesterly direction along said easterly right-of-way line on a curve to the left, with an initial tangent bearing of South 39°40'48" West, having a radius of 25.00 feet through a central angle of 44°15'04", an arc distance of 19.31 feet; thence South 04°34'16" East, continuing along said easterly right-of-way line 373.39 feet to said northerly right-of-way line; thence South 66°00'08" West, along said northerly right-of-way line, 31.81 feet to the point of beginning, containing 18,434 square feet, more or less; giving the  distinct description of the unimproved 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 unimproved 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 all that part of the Northwest Quarter of Section 33, Township 50, Range 33, Kansas City, Jackson County, Missouri described as follows: Commencing at the southwest corner of the Northwest Quarter of said Section 33; thence North 02°17'26" East, along the west line of said Northwest Quarter, 626.40 feet to the northerly right-of-way line of the Burlington Northern and San Francisco Railroad; thence North 66°00'08" East, along said northerly right-of-way line, 788.71 feet to the point of beginning; thence North 04°34'16" West, 171.80 feet; thence North 38°00'00" West, 136.82 feet to the southwesterly prolongation of the southeasterly right-of-way line of Highway I-29/I-35/U.S. 71; thence North 39°40'48" East, along said prolongation and southeasterly right-of-way line, 161.16 feet to the easterly right-of-way line of Lydia Avenue; thence in a southwesterly direction along said easterly right-of-way line on a curve to the left, with an initial tangent bearing of South 39°40'48" West, having a radius of 25.00 feet through a central angle of 44°15'04", an arc distance of 19.31 feet; thence South 04°34'16" East, continuing along said easterly right-of-way line 373.39 feet to said northerly right-of-way line; thence South 66°00'08" West, along said northerly right-of-way line, 31.81 feet to the point of beginning, containing 18,434 square feet, 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 Evergy.

 

3.                     The applicant shall retain all utility easements and protect facilities required by Kansas City, Missouri Water Services.

 

                     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:

 

 

                                                                                                                              ____________________________________

                                                                                                                              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