City Council Information Form

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1 City Council Information Form DATE: 08/13/2014 ASSIGNED STAFF: Robert McKay DEPARTMENT: Planning&Development TYPE OF FORM: Ordinances Form No.: 4490 APPROVALS: None ISSUE/REQUEST: AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN THE PLAT ENTITLED TIFFANY WOODS, 2ND PLAT, LOTS 1A 4A, LOTS 6A 8A, & TRACTS A 1, B 1, AND C 1 IN THE CITY OF LEE'S SUMMIT, MISSOURI. KEY ISSUES: The applicant proposes to vacate 15 utility easement centered on the common property line between Lots 3A and 4A, Tiffany Woods 2nd Plat, Lots 1A 4A, Lots 6A 8A, & Tracts A 1, B 1, and C 1 (512 & 520 NE Promised View Drive). There are no public utilities in the subject easement proposed to be vacated. No objection was raised by the City s Public Works, Water Utilities Departments or other utility companies. PROPOSED CITY COUNCIL MOTION: FIRST MOTION: I move for a second reading SECOND MOTION: I move for adoption BACKGROUND:(including location, programs/departments affected, and process issues) IMPACT/ANALYSIS: TIMELINE Start: Finish: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMMENDATION Staff recommends APPROVAL of the vacation of utility easement. OTHER BOARDS AND COMMISSIONS ASSIGNED: Planning Commission DATE: 08/12/2014 ACTION:

2 Voted by consent to recommend approval of the vacatiion of easement COUNCIL COMMITTEE ASSIGNED: Not Applicable DATE: ACTION: List of Reference Documents Attached 1. Staff's Report 2. Ordinance 3. Vacation of Easement 4. Location Map

3 BILL NO AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN THE PLAT ENTITLED TIFFANY WOODS, 2 ND PLAT, LOTS 1A-4A, LOTS 6A-8A, & TRACTS A-1, B-1, AND C-1 IN THE CITY OF LEE'S SUMMIT, MISSOURI. WHEREAS, Application #PL was submitted by Sunrise Engineering, requesting vacation of a utility easement within Tiffany Woods, 2 nd Plat, Lots 1A-4a, Lots 6A-8A, & Tracts A- 1, B-1 and C-1, a recorded subdivision in Lee s Summit, Missouri; and, WHEREAS, the City of Lee s Summit, Missouri, accepted the plat entitled Tiffany Woods, 2 nd Plat, Lots 1A-4A, Lots 6A-8A, & Tracts A-1, B-1 and C-1 by Ordinance No. 6730, passed and adopted by the City Council of the City of Lee s Summit on December 4, 2014; and, WHEREAS, the said plat was recorded with the County Director of Records by Document No. 2009E on February 3, 2009, and said easement was referenced on said plat; and, WHEREAS, the utility companies have been contacted and had no objection to the proposed vacation; and, WHEREAS, the Public Works and Water Utilities Departments for the City of Lee s Summit have determined that no other uses exist for said easement; and, WHEREAS, the Planning Commission considered the request on August 12, 2014, and rendered a report to the City Council recommending that the vacation of easement be approved; and, WHEREAS, the City Council for the City of Lee s Summit has determined that no damages are ascertainable by reason of such vacation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LEE'S SUMMIT, MISSOURI, as follows: SECTION 1. That the following described easement, located within Tiffany Woods, 2 nd Plat, Lots 1A-4A, Lots 6A-8A, & Tracts A-1, B-1 and C-1, is hereby and herewith vacated: That part of the existing utility easement lying along the line common to Lots 3A and 4A, Tiffany Woods, 2nd Plat, Lots 1A thru 4A, Lots 6A thru 8A and Tracts A-1, B-1 and C-1, a subdivision of record in the Southwest 1/4 of Section 32, Township 49 North, Range 31 West of the 5th Principal Meridian, Lee s Summit, Jackson County, Missouri, described as follows: Commencing at the northerly most corner of said Lot 3A, being the westerly most corner of said Lot 4A; thence S E (All bearings herein are referenced to the Missouri State Plane Coordinate System of 1983, West Zone) on the line common to said Lots 3A and 4A, 7.60 feet to the Point of Beginning being 7.50 feet southeasterly of the northwesterly line of said Lots 3A and 4A; thence N E on a line 7.50 feet southeasterly from, and parallel with, said northwesterly line, 7.60 feet to northerly perimeter of the utility easement; thence S E on a line 7.50 feet north from, and parallel with, said common line and on said utility easement perimeter, feet to the westerly curved perimeter line of the existing private utility easement; thence southwesterly on a curve to the left on said private utility easement perimeter (said curve having an initial tangent bearing S W, a radius of feet, chord bearing S W, a chord distance of feet) an arc length of feet to the southerly perimeter of the utility easement; thence N W on a line 7.50 feet south from, Page 1

4 BILL NO and parallel with, the line common to said Lots 3A and 4A and on said utility easement perimeter, feet to a point 7.50 feet southeasterly of the northwest line of said Lot 3A; thence N E on a line 7.50 feet southeasterly from, and parallel with, said northwest line, 7.60 feet to the Point of Beginning. SECTION 2. That the City Clerk be and is hereby authorized and directed to acknowledge a copy of this ordinance and to record same in the Office of the Recorder of Deeds of the County in which the property is located. SECTION 3. That this ordinance shall be in full force and effect from and after the date of its passage and adoption, and approval by the Mayor. PASSED by the City Council of the City of Lee's Summit, Missouri, this, day of ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED by the Mayor of said city this day of, ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED AS TO FORM: City Attorney Brian W. Head Page 2

5 TO: FROM: City of Lee s Summit Department of Planning & Codes Administration Stephen A. Arbo, City Manager Robert G. McKay, AICP, Director August 13, 2014 RE: ORDINANCE - Application #PL VACATION OF UTILITY EASEMENT 512 & 520 NE Promised View Drive, Sunrise Engineering, applicant Commentary The applicant proposes to vacate 15 utility easement centered on the common property line between Lots 3A and 4A, Tiffany Woods 2 nd Plat, Lots 1A-4A, Lots 6A-8A, & Tracts A-1, B-1, and C-1 (512 & 520 NE Promised View Drive). There are no public utilities in the subject easement proposed to be vacated. No objection was raised by the City s Public Works, Water Utilities Departments or other utility companies. Proposed City Council Motion First Motion: I move for a second reading. Second Motion: I move for adoption Planning Commission Action Date of Meeting: August 12, 2014 Recommendation: easement. Recommendation Voted by consent to recommend APPROVAL of the vacation of Staff recommends APPROVAL of the vacation of utility easement. Project Information Vacation of Easement: The easement is a 15 utility easement centered on the common property line between Lots 3A and 4A, Tiffany Woods 2 nd Plat, Lots 1A-4A, Lots 6A-8A, & Tracts A-1, B-1, and C-1 Location: 512 & 520 NE Promised View Drive Zoning: R-1 (Single-family residential) Surrounding zoning and use: North: R-1 single-family residential, Tiffany Woods development South: R-1 (across NE Promised View Drive) single-family residential, Tiffany Woods development East: R-1 single-family residential, Tiffany Woods development West: R-1 single-family residential, Tiffany Woods development #PL VOE 512 & 520 NE Promised View Dr Page 1

6 Background December 18, 1984 The Board of Aldermen approved a final plat (Appl. # ) for Hilltop, Lots 1 and 2, by Ordinance No July 8, 2004 The City Council approved a rezoning (Appl. # ) from District AG (Agricultural) to District R-1 (Single-family residential) for land located at 500 NE Velie Road by Ordinance No December 16, 2004 The City Council approved a Final Plat (Appl. # ) for Tiffany Woods, Lots 1-13 & Tracts A-C by Ordinance No December 4, 2008 The City Council approved a Final Plat (Appl. # ) for Tiffany Woods, 2 nd Plat, Lots 1A-4A, 6A-8A and Tracts A-1, B-1 and C-1 by Ordinance No Analysis of Vacation of Easement The applicant proposes to vacate an unnecessary 15 utility easement centered on the common property line between Lots 3A and 4A, Tiffany Woods 2 nd Plat, Lots 1A-4A, Lots 6A-8A, & Tracts A-1, B-1, and C-1 (512 & 520 NE Promised View Drive). Letters were sent to the utility companies (KCP&L, Laclede Gas, AT&T, Time Warner and Comcast Cable), as well as to the City s Public Works and Water Utilities Department, for comment. No objection was raised by the City s Public Works, Water Utilities Departments or other utility companies. RGM/res Attachments: 1. Ordinance 2. Drawing of the easement to be vacated and legal description, dated June 18, pages 3. Location Map #PL VOE 512 & 520 NE Promised View Dr Page 2

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