MEMORANDUM TO: FROM: Mayor and City Council City Administrator Sara Copeland, AICP, Community Development Director DATE: April 4, 2017 RE: Vacating Right-of-Way in the Armour Road Redevelopment Area As the City moves forward on platting the land within the Armour Road Redevelopment Area (ARRA), as well as constructing new streets and extending utilities, it is necessary to make changes to the public rights-of-way through this area. Staff has been working on these platting concerns with both our engineer, Olsson Associates, and the engineer for North Kansas City Destination Developers, LLC, Renaissance Infrastructure Consulting, to evaluate where new right-of-way needs to be dedicated and existing right-of-way may be vacated. There are currently four different rights-of-way extending through the ARRA, for 19 th Avenue, 20 th Avenue, Railroad Avenue, and Taney Street. While some of this right-ofway will be used for new streets, much of it is in the wrong location for the new development plan for the area. New right-of-way will be dedicated as the area is platted, but the vacation of the existing right-of-way is necessary to permit this land to be incorporated into new lots for development. Both Olsson and RIC have been working with utility companies in the area on the relocation and extension of new facilities. Notices about these vacations was mailed to utility providers in the area. None have expressed objections to these vacations. Vacation of public rights-of-way requires a public hearing before the City Council, which is part of the April 4 agenda. Notice of the public hearing was published in the Kansas City Star, as required by the municipal code. After vacation of the rights-of-way, the property will revert to City ownership.
BILL NO. 7185 ORDINANCE NO. 8982 AN ORDINANCE VACATING CERTAIN STREET RIGHTS-OF-WAY FOR 19 TH AVENUE, 20 TH AVENUE, RAILROAD AVENUE, AND TANEY STREET, LOCATED SOUTH OF ARMOUR ROAD/MISSOURI ROUTE 210 AND EAST OF INTERSTATE 35, IN THE CITY OF NORTH KANSAS CITY, MISSOURI. WHEREAS, the City of North Kansas City, Missouri (the City ) is a third class city and political subdivision duly organized and validly existing under the Constitution and laws of the State of Missouri; and WHEREAS, pursuant to the provisions of 88.637, MO. REV. STAT., the City has been given power to vacate or discontinue any public square, street, avenue, alley or other highway whenever deemed necessary or expedient to do so; and WHEREAS, proceedings have been initiated for the vacation of certain rights-of-way located south of Armour Road/Missouri Route 210 and east of Interstate Highway 35, in the City of North Kansas City, Missouri, in the area known as the Armour Road Redevelopment Area, for 19 th Avenue, 20 th Avenue, Railroad Avenue, and Taney Street and as more particularly described hereinafter; and WHEREAS, a proceeding for any proposed vacation may be initiated by written petition of any person or entity owning property fronting or abutting any land included in or subject to use by such public alley pursuant to the provisions of 12.20.010 of the CODE OF THE CITY OF NORTH KANSAS CITY, MISSOURI; and WHEREAS, the City of North Kansas City (the Owner ) is the owner of property abutting the aforesaid rights-of-way, hereinafter more particularly described, and has entered into a development agreement with North Kansas City Destination Developers, LLC (the Developer ) for the development of the property abutting the aforesaid rights-of-way; and WHEREAS, the Developer s agent has petitioned the Mayor and the City Council of the City of North Kansas City, Missouri, that said rights-of-way be vacated by written petition in due form; and WHEREAS, a notice was published for a public hearing for the vacation of said rights-of-way and, subsequent thereto, the City Council of the City of North Kansas City, Missouri, did conduct said public hearing and conclude and determine that it was in the best interest of the City to vacate the said rights-ofway, in the City of North Kansas City, Missouri. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH KANSAS CITY, MISSOURI, AS FOLLOWS: Section 1. That by notice published on Wednesday, March 15, 2017, in The Kansas City Star, a newspaper having general circulation in the City of North Kansas City, Missouri, public notice was given twenty days in advance of the public hearing, that at its meeting on the 4 th day of April, 2017, the Mayor and City Council of said City would consider the above-mentioned petitions. Section 2. The City Council of the City of North Kansas City does hereby find and declare that it is deemed necessary and expedient to vacate said right-of-way located in the City of North Kansas City, Missouri, as described in Section 3 of this ordinance, subject to all recorded easements. Section 3. The City Council of the City of North Kansas City hereby vacates all of said rightsof-way being more particularly described as follows:
All that part of existing E. 19 th Avenue right-of-way, lying in the Southwest Quarter of Fractional Section 13, Township 50 North, Range 33 West, in North Kansas City, Clay County Missouri, bound on the West by the East right-of-way line of Interstate Highway 35, as it now exists, and bound on the East by a line 785 feet West of and parallel with the East line of the Southwest Quarter of said Section 13. All that part of existing E. 20 th Avenue right-of-way, lying in the Southeast Quarter of Fractional Section 13, Township 50 North, Range 33 West, in North Kansas City, Clay County Missouri, bound on the West by the West line of the Southeast Quarter of said Section 13, and bound on the East by the West right-of-way line of the Chicago, Burlington and Quincy Railroad, as it now exists. All that part of the existing Railroad Avenue right-of-way, lying on the Southwest and Southeast Quarters of Fractional Section 13, Township 50 North, Range 33 West, in North Kansas City, Clay County Missouri, bound on the South by the South line of the Southwest Quarter of said Section 13, and bound on the East by the West right-of-way line of the Chicago, Burlington and Quincy Railroad, as it now exists, and bound on the North by the following described line: Beginning at a point 705.88 feet East of the West line of the Southeast Quarter of said Section 13, as measured at right angles to, and 70.09 feet South of the North line of the Southeast Quarter of said Section 13, as measured at right angles to, said point being on the Westerly right-of-way line of Railroad Avenue as it now exists; thence Southeasterly, perpendicular to said Westerly right-of-way line, 50 feet to a point on the West right-of-way line of the Chicago, Burlington and Quincy Railroad, as it now exists, and there terminating. All that part of existing Taney Street right-of-way, lying the Southwest and Southeast Quarters of Fractional Section 13, Township 50 North, Range 33 West, in North Kansas City, Clay County Missouri, bound on the North by the South right-of-way line of Mill Street, as it now exists, and bound on the South by the West right-of-way line of the Chicago, Burlington and Quincy Railroad, as it now exists. All that part of the existing Taney Street right-of-way, as established in Armour Road Redevelopment, a subdivision in North Kansas City, Clay County, Missouri, lying in the Northwest Quarter, Southwest Quarter and Southeast Quarter of Fractional Section 13, Township 50 North, Range 33 West, described as follows: Commencing at the Southeast Corner of the Northwest Quarter of Fractional Section 13, Township 50 North, Range 33 West; thence North 00 degrees 45 minutes 41 seconds East, along the East line of said Northwest Quarter, a distance of 58.06 feet to a point on the South line of Armour Road/Missouri Route 210 right of way, as established in Armour Road Redevelopment, a subdivision in North Kansas City, Clay County, Missouri; thence South 77 degrees 16 minutes 31 seconds West, along said South line, a distance of 25.10 feet to the Northeast corner of Lot 2 of Armour Road Redevelopment, Second Plat, a subdivision in North Kansas City, Clay County, Missouri, the POINT OF BEGINNING; thence South 12 degrees 44 minutes 06 seconds East, along the East line of said Lot 2, a distance of 210.17 feet to a point on the East line of Taney Street right of way, as established in said Armour Road Redevelopment; thence South 00 degrees 53 minutes 52 seconds West, departing said East line of Lot 2, along said East line of Taney Street right of way, a distance of 100.55 feet to a point on the South line of said Lot 2; thence South 77 degrees 18 minutes 27 seconds West, departing said East line, along said South line, a distance of 51.44 feet to a point on the West line of said Taney Street right of way; thence North 00 degrees 52 minutes 31 seconds East, along said West line, a distance of 316.74 feet to a point on the North line of said Lot 2; thence North 77 degrees 16 minutes 31 seconds East, along said North line, a distance of 0.61 feet to the POINT OF BEGINNING. Section 4. The City Clerk of the City of North Kansas City, Missouri, is hereby authorized and directed to acknowledge a certified copy of this ordinance in the form required by law for the
acknowledgement of deeds. The City Clerk shall file for record in the office of the Recorder of Deeds of Clay County, Missouri, a certified copy of the petition, the affidavit of publication of notice and this ordinance. Section 5. Further Authority. The City shall, and the mayor, city clerk, city officials and employees of the City are hereby authorized and directed to take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 6. Severability. The sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be severable. In the event that any such section, paragraph, sentence, clause or phrase of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential to and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City has enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 7. Governing Law. This Ordinance shall be governed exclusively by and construed in accordance with the applicable laws of the State of Missouri. Section 8. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the City Council and approval by the Mayor. PASSED this 4 th day of April, 2017. ATTEST: City Clerk Mayor APPROVED this 4 th day of April, 2017. APPROVED AS TO FORM: Mayor City Attorney City Counselor CERTIFICATE STATE OF MISSOURI COUNTY OF CLAY ss.
The undersigned City Clerk of the City of North Kansas City, Missouri, does hereby certify that the above and foregoing is a true and correct copy of Ordinance No. of the said City duly passed and approved according to law as fully as the same appears of record in my office in the Book of Ordinances in said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of said City this day of April, 2017. City Clerk ACKNOWLEDGEMENT STATE OF MISSOURI COUNTY OF CLAY ss. On this day of April, 2017, before me appeared Crystal Doss, to me personally known, who being duly sworn did state that she is the City Clerk of the City of North Kansas City, Missouri, a municipal corporation, and that the seal affixed to the foregoing certified copy is the seal of said municipal corporation and that said ordinance was signed and sealed on behalf of the City of North Kansas City, Missouri, by authority of the City Council and the said Crystal Doss, City Clerk, as aforesaid, acknowledges the same to be the free act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County the day and year above written. My Commission expires: Notary Public