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HomeMy WebLinkAbout1396 Vacating Levee Access Easement 4110 NW Helena Road BILL NO. 2015-023 ORDINANCE NO. 13 _I If AN ORDINANCE VACATING A CERTAIN PORTION OF A LEVEE ACCESS EASEMENT AT 4110 NW HELENA ROAD RIVERSIDE, MISSOURI WHEREAS, The City of Riverside is the current owner of Lot 3, Riverside Horizons West First Plat, a subdivision in the City of Riverside, Platte County, Missouri and has filed an application with the City of Riverside for vacation of a portion of a levee access easement located along the north side of said lot; and WHEREAS, a public hearing was held before the Board of Aldermen on April 7, 2015 to determine the advisability of vacating a portion of such easement; and WHEREAS, no utility company has submitted a written or verbal objection to the vacation of the easement as provided herein; and WHEREAS, the Board of Aldermen has deemed it necessary and convenient to vacate, discontinue and/or otherwise abandon that certain portion of a levee access easement at 4110 NW Helena 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 levee access easement at 4110 NW Helena Road described on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Portion"). 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 all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all 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, unconstitutional 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 the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 7`h day of April, 2015. Kathleen L. Rose, Mayor ATT Robin. Littrdll, Cit Clerk Exhibit A REPLAT OF LOT 3, RIVERSIDE HORIZONS WEST FIRST PLAT Portion of Levee Access Easement to Be Vacated Description: The north 15 feet of Lot 3, RIVERSIDE HORIZONS WEST FIRST PLAT, a subdivision in the City of Riverside, Platte County, Missouri.