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HomeMy WebLinkAbout1993-71 - Vacating a Portion of a Certain Plat of Red X Plazatit BILL NO. / `~ ~ I~ ~~ll~~iC7~~ #1249L; 09/28/93 l t ORDINANCE NO. ~~~ ~ / ,~ AN ORDINANCE VACATING A PORTION OF A CERTAIN PLAT OF RED X PLAZA SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI. WHEREAS, proceedings have been initiated for the vacation of a portion of the plat of Red X Plaza, an addition in and to the City of Riverside, Platte County, Missouri, said portion to be vacated more particularly described as follows: All that portion of the plat of Red X Plaza, a subdivision of land in Riverside, Platte County, Missouri, which lies south of the Chicago, Burlington and Quincy Railroad right-of-way line, which was not previously vacated by Ordinance No. 89-62 recorded in the Recorder of Deeds office of Platte County, Missouri at Book 735, Page 528, except the North 125 feet of Zeke Road more particularly described as follows: Starting at a point where the East line of Zeke Road meets the South right of way line of the Chicago, Burlington and Quincy Railroad, then South along the East line of Zeke Road 125 feet, thence N 69° 0' 03" W a distance of 80 feet to a point on the West line of Zeke Road, thence North on West line of Zeke Road 125 feet to point on South right of way line of the Chicago, Burlington and Quincy Railroad, thence Southeast along the South line of the Chicago, Burlington and Quincy Railroad a distance of 80 feet to the true point of beginning. WHEREAS, a notice was published for a public hearing for the vacation of said portion of the plat, and that the Board of Aldermen does now consider the adoption of an ordinance vacating said tract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. That by notice published in the Platte County Gazette, a newspaper published in Platte County, Missouri, and ,.~ 2 being of general circulation in the City of Riverside, ~ ~~` Missouri for two (2) consecutive insertions, namely the day ~C~`^~"-~; 1993, and the last insertion on the ~~~y of ~"~ 1993, public notice as given that at the hearing on the~_ day of ~~, 1993, the Mayor and Board of Aldermen of said City would consider the vacation of the above-mentioned tract. Section 2. That on the 30 day of ~"/l~~t~"; 1993, in regular session, the Mayor and Board of Aldermen of the City of Riverside, by unanimous vote, approved the vacation of said tract. Section 3. That it is deemed necessary and expedient to vacate the said tract located ir. the City of Riverside, Platte County, Missouri, as described in Section 4 hereof. Section 4. That there is hereby vacated all that portion of the plat of Red X Plaza, a subdivision of land in Riverside, Platte County, Missouri, which lies south of the Chicago, Burlington and Quincy Railroad right-of-way line, which was not previously vacated by Ordinance No. 89-62 recorded in the Recorder of Deeds office of Platte County, Missouri at Book 735, Page 528 provided that the City retains the right to maintain, operate, repair and replace by itself or by any licensee or holder of a franchise from the City any poles, wire, pipes, conduits, sewer mains, water mains or any other facility or equipment for the maintenance or operation of any utility now located in, over or under the tract or any portion thereof vacated by this ordinance. Section 5. That the City Clerk of the City of Riverside, Missouri, is hereby authorized and directed to acknowledge a certified copy of this ordinance in the form required by law for the acknowledgment of deeds, and to the end the same may be recorded in the Office of the Recorder of Deeds of Platte County, Missouri. PASSED THIS ~~'~'' DAY OF ~! ~~~~~ , 1993. ~~~ MAYOR AT EST: ~ , ~ ~y~, CITY CLE ' ,~°*'j~ (~ t 3 APPROVED THIS '~~~ ~ DAY OF V ~' ~~~~x~~ , 1993. ~~,e%!it'~J MAYOR APPROVED AS TO FORM AND LEGALITY: City Attorney CERTIFICATE STATE OF MISSOURI) ss. COUNTY OF PLATTE ) The undersigned City Clerk of the City of Riverside, Missouri, does hereby certify that the above and foregoing is a true and correct copy of Ordinance No. x,3-'1/ 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 s~etnmy ha d d affixed the seal of said City this G`.~ day of ~/ 1993. ~f ~, ~~ City Clerk ~' ~ ACKNOWLEDGMENT STATE OF MISSOURI) ss. COUNTY OF PLATTE ) ~, /~ ,,%; On this ~~ day of ~~~~ ci~~, 1993J, before me appeared Grace Kemerling, to me personally known, who being duly sworn did state that she is the City Clerk of Riverside, Platte County, Missouri, a municipal corporation, and that the seal affixed to the foregoing ordinance was signed and sealed on behalf of the City of Riverside, Platte County, Missouri, by authority of the Board of Aldermen, and the said Grace Kemerling, City Clerk as aforesaid, acknowledges the same to be the free act and deed of said municipal corporation. ,~~~~)`~'C~~ ~ ~ Bu:nt:'~~~PAG~ ~..,r~ 4 ~0~2~37 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. ~~~ ~~ )~ ,~ Notary R' bl,~"c My Commission Expires: MARYJEAN SWINDI E(? NOTARY PUBLIC STATE OF AfISE:(~UR! COUNTY OF PLATT E MY COMMISSION EXPIRES OCT. 19, 19L3 ., ~;C`~ ](~f'~ ^l .: t.~ I~r/ vN~-~l i~ 7 QUIT CLAIM DEED 0002660 THIS INDENTURE, made on the ~ ~~ day of , A.D., One Thousand Nine Hundred and Ninety-Four, by and between The Missouri Gaming Company of the County of Madison, State of Illinois; Argosy Gaming Company of the County of Madison, State of Illinois; List & Clark Construction Company, a Missouri corporation of the County of Jackson, State of Missouri; and F,uward ri. Young and Clara A. Young, husband and wife, of the County of Platte, State of Missouri, parties of the first part and the City of Riverside, Missouri, a municipal corporation of the County of Platte, State of Missouri, party of the second 4500 part. (Mailing address of said first named grantee is 4936 NW High Drive, Riverside, MO 64151). WITNESSETH, that the said parties of the first part in consideration of the sum of One Dollar and other valuable considerations, to them paid by the said party of the second part (the receipt of which is hereby acknowledged) do by these presents REMISE, RELEASE and FOREVER QUIT CLAIM unto the said party of the second part, the following described lots, tracts or parcels of land, lying, being and situate in the County of Platte and State of Missouri, to-wit: All of their interest, if any, in the following described real property: All of Lh;it portion of the railroad crossing where Zeke Road crosses the Chicago, Burlington & Quincy Railroad right-of-way within Red X Plaza, a subdivision of land in the City of Riverside, Platte County, Missouri according to the recorded plat thereof. TO HAVE AND TO HOLD THE SAME, with all the rights, immunities, privileges`and appurtenances thereto belonging, :~ Iii ~ ~~F 1'I~ ~ ~ ~. ! C[RiIfY Ihali~.!; `~ p I ~ ('LIVED 1995 NAR -9 P 3~ 35 .~ ~) (? QQ IQQD~~A COX. ('f.;,f lE- ~(IUEk ir/ ~'~~: E~ i ~ ~ a PAGE lJ~C7 -; ~1~ /3 ~~ unto the said party of the second part and unto its successors and assigns forever; so that neither the said parties of the first part nor their heirs, successors or assigns nor any other person or persons for them or in their name or behalf, shall or will hereinafter claim or demand any right or title to the aforesaid premises or any part thereof, but they and each of them shall, by these presents, be excluded and forever barred. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand and seal the day and year above written. The Missouri Gaming Company /- ~ ~~ ;~ - Argosy Gaming Company / ~~ i' By ~~~/ List & Clark Construction Company ~ s B ~ l.L ~ ~ /~'L- - y: Edward H. Young ~ , Clara A. Young ~ ~~~ ~~ 5 STATE OF ~u-/~"~' j ss. COUNTY OF ~/ ~~''~ ) On this t" day of /7iEjs/ , 1994, before me, ~UAiJe~~% SDI/~~ a Notary Public, personally appeared un.:~ NFI ~'> _ ~~~<li"` to me person~],y knywn, who being by me duly sworn, did say that he is L-,~• l~dclk~-~ of The Missouri Gaming Company, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. OFFICIAL SEAL jr~, ~[8[[~~( NANCY PEYMAN t ~.'ll -.it iC •J 1V ~~~~~ ~ ~ ~ PAf~ NOTMV PUSIIC, STATE OF IlLM013 AtY C0~417.MS8~ON EXPIRES: 12/22/97 \ww IN WITNESS WHEREOF, I have affixed my official seal at my day and year last above written hereunto set my hand and office in /lcrcw /~ ~ the . ~ _ i~ %~ ,~ ,~ My term expires r~~"r /~~f~~. , 19~ STATE OF ~~~/^/o~'~ ~ SS. COUNTY OF ~H ~'~ ) Publ OFFICIAL SEAL NANCY PEY1vIAN NBTAflY I'l.'t.IC, STATE OF ILLMIOIS MY COAiivtIS 310N F. xf'a ~ES:12/22/97 // 1 On his /5% day of -~'~~~~ 1994, before me, ~~1~'Z~"/ t`/''~^/ ~, a Notary Public, personally appeared ~: C~E:r~ ~ ~/h~t to me personally known, who being by me duly sworn, did say that he is L/.F.~~ of Argosy Gaming Company, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my:l~~nd and affixed my official seal at my office iii fr~-n' / ~~`-~'10!~ the day and year last above written. r _ Ur22~1~:, ~'c~mt~~ ~, Notary P~ul~~. G My terra expires %~~~~~~~~"~~~ , 19 ~~ OFFICIAL SEAL NANCY PEYMAN STATE OF ~~~~~~ ~ N6TAAY F'l/N.IC, STATE Of ILLMIOIS MY COMAA13810N EXRRE5: 12/22/97 SS. COUNTY OF O is ~~ day of , 1994, before me, _ -dn' ~ a Notary Public, personally app ed r ?` .:iu n:e psrS ntl;y knGitin, 4~i70 being b me my ,sworn, did say that he is ~~~ of List & Clark Construction Company, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand an~ affixed my official seal at my office in rr.~r//~E'v~~ ~ the day and year last above written. ~i`" `~, JUDYJA~a y r>a~t~~.c „~,~ ~1' ~ ~D• My term expire ~n~2ss~ STATE OF MISSOURI) )ss. COUNTY OF PLATTE ) ~D-, On this ~ day of ~Ue~~4 ~, 1994 before me, the undersigned, a Notary Public, personally appeared Edward H. Young and Clara A. Young his wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State of Missouri, the day and year last above written. __ ~.~_~ N ~:y Public ------ My term expires ~~% ~ , 19 ~~ ~ ,: ;; ~,~ , ~ c, ..` R ~~ o_ , a,, ~ ~ ~~%~ P~~_ ~~8