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HomeMy WebLinkAbout1989-62 - Vacating a Certain Portion of the Red X Plaza Subdivision~~~ ~ D~ BILL NO. U y-lo ORDINANCE NO. ~~' ~~ AN ORDINANCE VACATING A PORTION OF A CERTAIN PLAT OF THE 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 particulary described as follows: Alt that part of Section 9 Township 50 Range 33, Riverside, Platte County, Missouri, described as follows: Commencing at the i~ortheast Corner of said Section 9, thence South 89 degrees 53 minutes 02 seconds West along the North line of the Northeast Quarter of said Section 9, a distance of 1246.51 feet; thence South 0 degrees 33 minutes 32 seconds West and parallel to the East line oL- the Northeast Quarter of said Section 9, a distance of 1305.14 feet to the Point of Beginning of the tract of land herein to be described, said point being on the Southerly Right-of- Way line of the Burlington Northern Railroad, thence North 69 degrees Ol minutes 03 seconds West, along the south right of way line of said railroad, a distance of 1871.49 feet; thence South 20 degrees 58 minutes 57 seconds West, a distance of 125.00 feet; thence South 69 degrees Ol minutes 03 seconds East, a distance of 413.56 feet; thence South 0 degrees 33 minutes 32 seconds West, and parallel to the East line of the Northeast Quarter of said Section 9, to the normal high water mark of the Missouri River; thence Easterly alony the meandering of the high water mark to the intersection of the high water mark and a line which is 1246.51 feet west and parallel to the East line of the Northeast Quarter of said Section 9; thence North 0 degrees 33 minutes 32 seconds East to the Point of Beyinning of the tract of land herein described. Said tract contains 28.3 acres more or less. 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 being of general circulation in the City of Riverside, Missouri, for two consecutive insertions, namely the 23rd day of August, 1989, and the last insertion on the 30th day of August, 1989, public notice was given that at the hearing on the 5th day of September, 1989, the Mayor and Board of Aldermen of said City would consider the vacation of the above-mentioned tract. Section 2. That on the 5th day of September, 1989, 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 in the City of Riverside, Platte County, Missouri, as described in Section 4 hereof. Section 4. That there is hereby vacated all that portion of a certain plat of Red X Plaza, an addition i.n and to the City of Riverside, Platte County, Missouri, more particularly described as follows, to-wit: ~;~;R~7 ~'~ PAGE i,!!,~ All that part of Section 9 Township 50 Range 33, Riverside, Platte County, Missouri, described as follows: Commencing at the Northeast Corner of said Section 9, thence South 89 degrees 53 minutes 02 seconds West along the North line of the Northeast Quarter of said Section 9, a distance of 1246.51 Eeet; thence South 0 degrees 33 minutes 32 seconds West and parallel to the East line of the Nort'east Quarter of said Section 9, a distance of 1305.14 feet to the Point of Beginning of the tract of_ land herein to be described, said point being on the Southerly Right-of- Way line of the Burlington Northern Railroad, thence North 69 degrees O1 minutes 03 seconds West, along the south right of way line of said railroad, a distance of 1871.49 feet; thence South 20 degrees 58 minutes 57 seconds West, a distance of 125.00 feet; thence South 69 degrees Ol minutes 03 seconds East, a distance of 413.56 feet; thence South 0 degrees 33 minutes 32 seconds West, and parallel to the East line of the Northeast Quarter of said Section 9, to the normal high water mark of the Missouri River; thence Easterly along the meandering of the high water mark to the intersection of the high water mark and a line which is 1246.51 feet west and parallel to the East line of the Northeast Quarter of said Section 9; thence North 0 degrees 33 minutes 32 seconds East to the Point of Beginning of the tract of land herein described. Said tract contains 28.3 acres more or less. 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, wires, 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 4. 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~,~v da of 1989 y _~ _~ ayor Attest: City Clerk s~ `,~~ APPROVED this ~~ day of ,~~~'~"-' 1989 Mayor APPROVED AS TO FORM AND LEGALITY: so:~0~ ~a~ACE G~'~~-_ --- ---- ------- -- City Attorney --City Ca-anae}or ti~J~'~-~ STATE OF MISSOURI) ss COUNTY OF PLATTE ) CERTIFICATE 7~ . ~' The undersigned City Clerk of the City of Riverside, Missouri, c9oes 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 et my hand and affixed the seal of said City this ~,~ day of 1989. STATE OF MISSOURI) ss COUNTY OF PLA'PTE ) __:~ City Clerk ACKNOWLEDGMENT On this ~~ ;'~ day of ~.~(1Jti , 1989, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat at my office in said county the day and year above written. ~, ~~-(.~i1_ (~L~_ It- ~ ~ ~` ~ -- - Notary Public My Commission Expires: ~:0 1 ~S~l PAGE ~~~ 7 3