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HomeMy WebLinkAbout1493 Vacating Right of Way Lot 8 and Lot 9 Horizons East First Plat BILL NO. 2016-052 ORDINANCE NO. 14 AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF THE DOMAIN STREET . RIGHT OF WAY, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI UPON THE OCCURRENCE OF CERTAIN CONDITIONS WHEREAS, pursuant to §88.673 RSMo, the Board of Aldermen shall have the power to vacate or discontinue any street whenever deemed necessary or expedient; and WHEREAS, City staff recommended approval of the vacation (the "Vacation") of domain street right of way abutting Lot 8 and Lot 9, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri, and identified as NW Domain Street south of NW 415` Street and north of NW Water Street (as more particularly described on Exhibit A hereto, the "Domain Street'), stating that such Vacation "is in conformance with the approved Master Plan and does not negatively impact traffic flow of the development; and WHEREAS, upon vacation of the Domain Street, the underlying property shall be recorded as its own parcel and filed with the Platte County Recorder of Deeds; and WHEREAS, the Board of Aldermen finds that the Vacation is consistent with the intent and purpose of the Unified Development Ordinance, is consistent with the Comprehensive Master Plan and other adopted planning policies, is consistent with the City Municipal Code and other adopted policies, that public facilities and services are available and adequate to meet the demand generated by the proposal, that the City staff recommends approval, that approval does not create a negative precedential impact, that the Vacation improves the character of the surrounding neighborhood, is compatible and consistent with the existing zoning and uses of adjacent properties and will have a positive impact on the property and neighboring property, and that the Vacation of the Domain Street upon the conditions as set forth herein is in the best interests of the City in order to further the objectives of industrial and economic development of the City, and to further the objective to protect the health, safety, and welfare of the businesses and citizens of the City. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 7 — APPROVAL OF THE VACATION OF DOMAIN STREET. In order to further the objectives of industrial and economic development of the City, and the terms and conditions of the Comprehensive Master Plan, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, the Domain Street is hereby vacated subject to the following conditions: A. The vacated property shall be recorded as a separate plat with the Platte County Recorder of Deeds. SECTION 2 — AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel to the City — Spencer Fane LLP, and other appropriate officials and employees of the City are hereby authorized and directed to execute and to take such further action related thereto as is otherwise necessary or desirable to carry out and comply with the intent of this Ordinance. WA 8828014.1 SECTION 3 — 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 4 — 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 15t day of November, 2016. 4WV�4J� Kathleen L. Rose, Mayor ATS ;Roliin'Kificai ity Clerk Apravfd as to form: ti 4) i1 a Fane LLP ounsel to the City ednar 2 WA 8828014.1 EXHIBIT A LEGAL DESCRIPTION All that part of Domain Street right-of-way, as it now exists, abutting Lot 8 and Lot 9, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri, more particularly described as follows: Beginning at the Northeast corner of said Lot 9; thence South 68005'05" East, coincident with the southeasterly prolongation of the North line of said Lot 9, a distance of 100.00 feet to a point on the West line of said Lot 8; thence South 21°54'54" West, coincident with said West line, 429.88 feet; thence southwesterly, continuing along said West line, along a curve to right having a radius of 350 feet, for a distance of 31.06 feet to the Southwest corner of said Lot 8; thence North 68026'48" West, 100.64 feet to the Southeast corner of said Lot 9; thence northeasterly, coincident with the East line of said Lot 9, along a curve to the left having a radius of 250 feet, a chord bearing of North 25°33'04" East and a chord length of 31.71 feet, for a distance of 31.73 feet; thence North 21054'54" East, continuing along said East line, 429.89 feet to the Point of Beginning, containing 46,128 square feet, or 1.059 acres, more or less. 3 WA 8828014.1