Vacation of Streets, Alleys, or Plats

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The City frequently is asked to abandon a public right-of-way or recorded plat so the land can be put to another use. The process, accomplished by city ordinance, is called vacation. The vacation of streets, alleys and plats, administered by the Development Management Division is done under the authority of the City Council following review by several City Departments and private utilities and recommendation of the City Plan Commission (CPC). Vacation of public utility easements are administered by the Public Works and/or Water Department. 

Before applying a meeting is required with staff to discuss the proposed vacation. Please visit our Request a Meeting with a Planner webpage to schedule an appointment.


Application Process for a Vacation of a Street, Alley, or Plat

 

  1. Apply through CompassKC

Click "Apply" once logged in to CompassKC and then search the word "vacation." Complete the application and attach a plan/sketch showing in detail where the proposed vacation site is and a brief statement as to why the vacation is being requested. The application must also include a metes-and-bounds legal description of the area to be vacated.

A preliminary review of your application will be made, after which you will receive a petition form for vacation, a consent form and various agency approval forms that must be filled out and returned before further action by the city will be undertaken.

  1. Prepare Notarized Petition for Vacation

The petition for vacation must be notarized and contain the legal description of all property adjoining the proposed vacation site. You must furnish this information. Possible sources are title companies, your county courthouse, or the real estate section of the Finance Department, 2nd floor, City Hall (816) 513-1173.

  1. Consent Form

The consent form must contain a list of legal descriptions and owners of record of all property abutting the street or alley to be vacated or within the plat to be vacated. The signatures of all owners consenting to the vacation must be notarized. Additional forms will be provided if necessary. You are responsible for proper completion of the form. Note that signature blanks draw a distinction between individuals, corporations and other entities, and should be signed accordingly.

The owners of at least 75 percent of the property abutting the street or alley to be vacated must consent to the vacation before it can be processed further. No street or alley vacation can be approved if it would completely eliminate access to a lot in separate ownership, would deny access to a dedicated street or alley, or create a dead end.

  1. Obtain Responses from Reviewing Agencies

You must obtain responses from each of the following:

  • Evergy
  • Spire
  • AT&T
  • Spectrum Charter Communications
  • KCMO Water Services Department 
  • KCMO Fire Department
  • KCMO Public Works Department, Streets and Traffic Division
  • KCMO Public Works Department, Street Lighting Services
  • Vicinity Energy

A contact list for each of the agencies will be provided to you after the application is submitted. You also must comply with special requirements of the reviewing agencies. For example, you may be asked to grant one or more of them easement rights. An application will not be processed without agency review.

  1. Submit All Required Forms

Once all of the required forms (petition, consent, and agency approval forms) have been completed, email them to the assigned staff planner and the planner will docket the case for City Plan Commission.

  1. Attend Public Hearings

City Plan Commission Hearing: The City Plan Commission will hold a public hearing to review your request and will hear recommendations from appropriate staff members. You or your appointed representative must be present at this hearing, and should bring any materials you may have in support of the request. Any person affected by the proposed vacation will be given an opportunity to speak at this hearing. The City Plan Commission will then make a recommendation. It may include conditions that must be complied with before your application can be processed further. These usually involve granting easements to utilities and city agencies. It is your responsibility to see that letters from utilities and city agencies indicating unconditional consent are sent to the City Development Department.

Neighborhood, Planning, and Development Committee: Upon the recommendation of the City Plan Commission, an ordinance will be prepared. The city clerk will arrange for publication of the ordinance in a legal publication. After that time, the ordinance will be introduced at the City Council's Neighborhood Planning and Development Committee (NPD) for a hearing. You should be present at this hearing. You will be notified of the time, date and place.

  1. Await Completion of Recording Process

After you attend the Neighborhood Planning and Development Committee hearing, no further action is required on your part. Ten days following favorable City Council action, recording of the vacation will begin in the records of the appropriate county recorder. The recording process usually takes a week to a month, depending upon the county government involved. The authenticated ordinance can be found on the City Clerk website.

Please Note: If the vacation request is denied, you have the option of submitting a revised proposal to the City Plan Commission or filing a court action against the city.