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HomeMy WebLinkAbout2004-010 - Ordinance Vacating, Abandoning and Discontinuing A certain Section of 50th Street. ,, -. BILL N0.2004-10 ORDINANCE N0.2004-10 AN ORDINANCE VACATING, ABANDONING AND DISCONTINUING A CERTAIN SECTION OF 50TH STREET WEST OF NW GATEWAY DRIVE IN RIVERSIDE, MISSOURI WHEREAS, the Revised Statutes of the State of Missouri, Section 88.673, provides that The Board of Aldermen of any fourth-class city shall have power to create, open and improve any public street or avenue, old or new, and also to vacate or discontinue the same whenever deemed necessary or expedient; and WHEREAS, RSMo. Section 88.673 further states that whenever any public street or avenue is vacated, the same shall revert to the owners of the adjacent lots in proportion as it was taken from them; and WHEREAS, the City of Riverside, Missouri (the "City") is party to the 50th Street Improvement Contribution Agreement between the City Gate Woods Development LLC, a Missouri limited liability company and Gary and Marilyn Sue Lilly recorded by the Platte County Recorder of Deeds on March 4, 2003 at Book Number 0995, Page Number 0874 (the "Agreement"); and WHEREAS, pursuant to the Agreement the City, at the request and for the benefit of Gate Woods Development LLC and Gary and Marilyn Sue Lilly, and in exchange for adequate consideration, agreed to vacate, discontinue and/or otherwise abandon a certain portion of 50th Street; and WHEREAS, the Board of Aldermen has deemed it necessary and convenient to vacate, discontinue and/or otherwise abandon that certain portion of 50th Street, 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. The City of Riverside, Missouri, by and through its Board of Aldermen and pursuant to Revised Missouri Statutes Section 88.673 and pursuant to the Agreement, does hereby vacate, abandon and otherwise discontinue that portion of 50th Street within the City described on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Portion"). Section 2. The Board of Aldermen does hereby deem vacation, abandonment and/or discontinuance of the Vacated Portion to be necessary and expedient. Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all ~ r 1- `. provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 4. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 6. This ordinanc all take effect immediately. Passed this ~~~ay of , 2004. ~~ti Mayor Betty ch ATTES Clerk ~ .r ... t ~ n n. T. r i ~r ~ ~r ~-, ~- July 26, 2002 LEGAL DESCRIPTION PROPOSED RIGHT-OF-WAY VACATION N.W.50~ STREET CITY OF RIVERSIDE PLATTE COUNTY, MISSOURI All that part of the SW 1/4 of Section 33, Township SI N, Range 33 W, now in the City of Riverside, Platte County, N1;ss~ur., more particularly described as follows: Commencing at the Southwest corner of Lot 7, HANSEN HEIGHTS, a subdivision of land now in the City of Riverside, Platte County, Missouri; thence N 0° 27' 26" E, along the West line of said Lot 7, a distance of 633.33 feet, to a point on the South right-of--way line of N.W. 50`h Street, as now established; thence N 89° 25' 12" W, along the South right-of-way line of said N.W. SOa' Street, a distance of 186.59 feet,. to the true point of beginning of subject tract; thence cpntinuing.... . N 89° 25' 12" W; along the South right-of--way line of said N.W. 50~' Street, a distance of 96.4I feet; thence N 54° 25' I2" W, along the South right-of--way line of said N.W. 50`~ Street, a distance of 211.58 feet; thence N 59° 25' 12" W, along the South right-of--way line of said N.W. 50`h Street, a distance of 253 feet; thence N 79° 25' 12" W, along the South right-of-way line of said N.W. 50 Street, a distance of 233.96 feet, to a point on the Eastright-of--way line of Interstate Route No. 635, as now established; thence Northerly, along the East right-of:way line of said Interstate Route No. 635, said line being a curve to the right having a radius of 2699.79 feet, a central angle of 1 ° 03' 41 "and whose initial tangent bearing is N 10° 57' 42" E, a distance of 50.03 feet, to a point on the North right-of--way line of said N.W. 50t3' Street; thence S 79° 25' 12" E, along the North right-of-way line of said N.W. 50`" Street, a distance of 241.98 feet; thence 5 59° 25' 12" E, along the North right-of--way line of said N.W. 50`h Street, a distance of 20 feet; thence Southerly, Southeasterly, Easterly and Northeasterly, along a curve to the left having a radius of 50 feet, a central angle of 159° 51' 42" and whose initial tangent bearing is ' S 30° 34' 47" W, a distance of 139.51 feet, to a point of reverse curvature; thence Northeasterly, Easterly and Southeasterly, along of curve to the right having a radius of 14 feet, a central angle of 77° 21' S2" and whose initial tangent bearing is N 50° 43' OS" E, a distance of 18.90 feet, to a point of tangency; thence S 51 ° 55' 03" E, a distance of 27.48 feet; thence S 51° 47' 04" E,.a distance of 100.13 feet; thence S 52° 02' 12"E, a distance of IOO.I 1 feel; thence S 54° 43' 49" E, a distance of 100 feet; thence S 72° 43` 14" E, a distance of 69.54 feet; thence S 77° 07' 03" E, a distance. of 32.59 feet, to the true point of beginning of subject tract. The above described tract of land contains 24, l45 square feet, more or less. By . Larry D. Graham, MO LS-2057 July 26, 2002 P:110313 t 1LECALUti verside4°w vacati°n.wpd EXHIBIT /~j r -r ~ ~~ i t n 1<' i' f I 'T T I['