HomeMy WebLinkAbout1758 Vacating a Sanitary Sewer Easement BILL NO. 2021- 001 ORDINANCE NO. P�/5 <'
AN ORDINANCE VACATING A SANITARY SEWER EASEMENT GENERALLY LOCATED
AT THE NORTHWEST PORTION OF NW GATEWAY AVE., RIVERSIDE, MISSOURI
WHEREAS, Brian Mertz and Andy Mackey with Skyline Townhomes have filed an
application with the City of Riverside for vacation of a sanitary sewer easement generally
located at the northwest portion of NW Gateway Ave.; and
WHEREAS, notice describing the portion of the sanitary sewer easement requested to
be vacated was sent to all property owners within 180 feet and utility providers were; and
WHEREAS, a public hearing was held before the Board of Aldermen on January 5, 2021
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 the sanitary sewer easement generally located at the
northwest portion of NW Gateway Ave, and has further determined such vacation 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 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 that portion of the sanitary sewer easement
generally located at the northwest portion of NW Gateway Ave. described on Exhibit A
attached hereto and incorporated herein by this reference (the "Vacated Portion"), subject to all
known 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 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 5th day of January, 2021.
Uthleen L. Rose, Mayor
ATTEST:
Robin Kincaid, City Clerk
EXHIBIT A
A permanent sewer line easement 20 feet in width beginning at the southwest quarter of Section
33, Township 51, Range 33, Platte County, Missouri, the centerline of said easement being
described as follows:
Commencing at the northwest corner of said quarter section; thence south along the west line of
the said quarter section a distance of 825 to the northwest corner of a tract of land described in
Book 470 at page 777, Document Number 12633 at the Recorder of Deeds office in Platte
County, Missouri; thence east along the north line of said tract a distance of 1320 feet; thence
north along the boundary of said tract a distance of 39 feet to the True Point of Beginning; thence
deflecting 93'59'15"right from the last described line a distance of 244.50 feet to an existing
sanitary manhole and also being the point of termination.
The permanent easement contains 488.15 square feet, more or less.
CITY OF City of Riverside
RIVERS-issouRi Staff Analysis Report
Upstream from ordinary. Right of Way Vacation
General Information
Applicant: Skyline Townhomes (Brian Mertz& Andy Mackey)
Location: Norther boundary or the Riverside city limits on the west side of NW Gateway Ave
Application: Vacation
Zoning: PD- Planned Development
Existing Land Use: Undeveloped/Right-of-Way
Proposed Land Use: Multi Family
Area to be Vacated: approximately 488.15 square feet
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
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
Introduction
The applicant, Skyline Townhomes, is that a sanitary sewer easement be vacated on property
generally located at the City's northern boundary on the west side of NW Gateway Ave. The
area being vacated is approximately 488.15 square feet of an old sanitary sewer easement that
use to serve the Skyline Motel that was demolished in 2006. The new development will be
accessing sanitary sewer from the west side of NW Gateway and extending it along NW
Goodman Street. As a result, the current sanitary sewer easement is not necessary.
Recommendation
Staff supports the request of the vacation of a sanitary sewer easement on property generally
located at the northwest portion of NW Gateway Ave.
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