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Home My WebLink About1172 Vacation of ROW -Quik Trip BILL NO. 2012-080 ORDINANCE NO. � AN ORDINANCE VACATING A CERTAIN PORTION OF RIGHT-OF-WAY AT THE NORTHWEST CORNER OF NW VIVION ROAD AND NW GATEWAY ROAD RIVERSIDE, MISSOURI WHEREAS, Quik Trip Corporation has fiied an application with the City of Riverside for vacation of a portion of right-of-way located on the northwest corner of NW Vivion Road and NW Gateway Road; and WHEREAS, notice describing the portion of the right-of-way easement requested to be vacated was sent to all property owners within 180 feet and on December 13, 2012, a public hearing regarding vacation of the right-of-way was held before the Planning Commission who submitted its recommendation to vacate said easement; and WHEREAS, a public hearing was also held before the Board of Aldermen on December 18, 2012 to determine the advisability of vacating of such easement; and WHEREAS, the Board of Aldermen has deemed it necessary and convenient to vacate, discontinue and/or otherwise abandon that right-of-way easement at the northwest corner of NW Vivion Road and NW Gateway Road, and has further determined such vacation, discontinuance and/or abandonment to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. NOW, THERFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1- FINDINGS. The Board of Aldermen do hereby find vacation, abandonment and/or discontinuance of the actions contained herein to be necessary, expedient and in the best interest of the public. SECTION 2— VACATION OF EASEMENT. The City of Riverside, Missouri, by and through its Board of Aldermen does hereby vacate, abandon and otherwise discontinue that portion of the right-of-way easement at the northwest corner of NW Vivion Road and NW Gateway Road described on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Portion"), subject to all known or unknown utility facilities currently located on the Vacated Portion along with the right of ingress and egress across the Vacated Portion to and from such utilities. SECTION 3— AUTHORITY GRANTED. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to vacate that part of the easement as set forth herein and to otherwise carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City alI certificates, instruments, agreements and other documents, as may be necessary or convenient to perform alI matters herein authorized. SECTION 4— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 5— SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unco�stitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 6— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of �e Board of Alderme� and APPROVED by the Mayor of the City of Riverside, Missouri, this� ay of ,�Qe,,u.�1� , 2012. � � -, � Ka leen L. Rose, Mayor ATTEST: �� .��., � Robin Littrel�, C' y Clerk 4 , E � F 1 November 9, 2012 LEGAL DESCRIPTION RIGHT-OF-WAY VACATION QUIKTRIP STORE NO. 170R CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI All that part of Lots 6 and 7, BRENNER RIDGE, a subdivision in the City of Riverside, Platte County, Missouri, and all that part of NW 1/4 of Section 4, Township 50 North, Range 33 West of the 5` Principal Meridian, City of Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the NW I/4 of said Section 4; thence N 0° 27' 21" E, along the East line of the NW 1/4 of said Section 4, a distance of 1296.26 feet, to the Southeast corner of the NE1/4 of the NWl/4 of said Section 4; thence N 89° O1' 25" W, along the South line of the NEI/4 of the N W 1/4 of said Section 4, a distance of 59.58 feet, to the true point of beginning of subject tract; thence S 21 ° 16' 21" W, a distance of 92.49 feet; thence S 44° 13' OS" W, a distance of 74.11 feet, to a point on the Northwesterly right-of-way line of NW Vivion Road (U.S. 69 Highway) as now established; thence N 21° 16' 2P' E, along the Northwesterly right-of-way line of said NW Vivion Road (U.S. 69 Highway), a distance of 150.05 feet, to a point on the South line of the NE] /4 of the NW 1/4 of said Section 4, said point also being on the Westerly right-of-way line ofNW Gateway Avenue (U.S. 71 Highway), as now established; thence N 21 ° 11' 32° E, along the VJesterly right-of-way line of said NW Gateway Avenue (U.S. 71 Highway), a distance of 107.31 feet thence S 1° 06' S7" E, a distance of 76.25 Feet thence S 21 ° 16' 2P' W, a distance of 26.12 feet, to true point of beginning of subject tract Containing 5,434.189 square feet (0.1248 Acres) more or less. 120638-010\QT STORE NO. 170R\ROW desc.doc I I " � f I I u I I v n i ' -� 1 - . � � a I � � � �� vi �iiii .�i � � � � � �� . � � ��1� 'i�i / 1�� / / / � o �I � i , ....� ., , .^� � �JO��I�p �:. / / �. �'- ��' :. �nd�lwl I� ��II»�� if� � i,�vey " � i , ,. � a\\ h I I i A �,ll �i .� / i i / / l � � /.'/' ' ' 1 ��\\\�� %/ � I I �i � � �� ° . . 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I i CITY OF � RIVERSI sS��R� Upstreom(romordinary. C]ty �f iVVQ]�S]uQ Staff Analysis Report Case Number PC 12-17, Right-of-Way Vacation Northwest Corner of NW Vivion and NW Gateway General Information Applicant: Quik Trip Corporation Location: Northwest corner of NW Vivion Road and NW Gateway Application: Easement Vacation Zoning: G1 Commercial Existing Land Use: Restaurant, Retail Sales and Service, Multi-Family Residence Proposed Land Use: Convenience Store Action: Recommendation by the Planning Commission to the Board of Aldermen. Site Area: .1248 Acres Procedure The procedure for the vacation of right-of-way is governed by Section 400.280 of the Unified Development Ordinance (UDO). A right-of-way vacation requires a public hearing before the Planning Commission and the Board of Aldermen after notice has been given at least fifteen days in advance in a local paper, and properties owners within 185 feet have been notified; these requirements have been satisfied for this request. If recommended by the Planning Commission and approved by the Board of Aldermen, an ordinance shall be passed by the Board of Aldermen and filed with the Platte County Recorder of Deeds. Introduction The applicant, Quik Trip Corporation, is requesting a portion of right-of-way to be vacated along the southeast Northwest corner of NW Vivion Road. This area being vacated is �,434 square feet of the existing right-of-way. Cunently, the area includes a portion of the old highway and a corner oY the parking lot for the former Deb's Diner. There aze utilities running through the azea requested to be vacated. The site plan identifies a new monument sign to be located within the vacated area. This sign may be permitted subject to a variance or an amendment to the sign code in Yhe UDO (see companion staff report PC12-18). Analvsis The portion of the existing right-of-way to be vacated is not necessary for the required maintenance of City streets. By including this area into the overall development plan for Quik Trip, it allows for the removal of the old road and a portion of the parking lot that served Deb's Diner. It will also transfer maintenance of the property to Quik Trip. Utilities are permitted Page 1 of 2 outside of rights-of-way if they are within an easement Vacation of this property and inclusion of it into the Quik Trip parcel will require the dedication of a utiliry easement. Attachments Right of Way Vacation Exhibit Site Plan Recommendation Staff supports the request of the vacation of right-of-way on the northwest corner of NW V ivion Road with the condition that the applicant provide a utiliry easement for any existing utilities within the vacated area. Page 2 of 2