HomeMy WebLinkAbout2009-040 - Annexing 8.69 AcresBILL NO. 2009-40
ORDINANCE NO.2009-40
ANNEXING APPROXIMATELY 8.69 ACRES GENERALLY BOUNDED BY
INTERSTATE 29 ON THE NORTH, INTERSTATE 635 ON THE WEST, LINE
CREEK ON THE EAST, AND THE CITY OF RIVERSIDE ON THE SOUTH,
ESTABLISHING NEW CITY LIMITS OF THE CITY OF RIVERSIDE, AND
AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT
WITH THE CITY OF KANSAS CITY, MISSOURI FOR THE ANNEXATION AND
FOR THE CONSTRUCTION OF A BICYCLE AND PEDESTRIAN TRAIL
WHEREAS, when the state of Missouri constructed Interstate 29 a physical barrier
was created; and
WHEREAS, this physical barrier provides an impediment to providing basic services
to certain property located within the municipal boundaries of the City of Kansas City; and
WHEREAS, the City of Kansas City has determined that providing basic services to
property generally bounded by Interstate 29 on the north, Interstate 635 on the west, Line
Creek on the east, and the City of Riverside on the south is an inefficient use of City funds;
and
WHEREAS, the City of Kansas City and the City of Riverside agree that providing
basic services to property generally bounded by Interstate 29 on the north, Interstate 635 on
the west, Line Creek on the east, and the City of Riverside on the south is better addressed by
a single city; and
WHEREAS, it is the intent of the City of Kansas City to deannex 8.69 acres generally
bounded by Interstate 29 on the north, Interstate 635 on the west, Line Creek on the east, and
the City of Riverside on the south so that it may be concurrently annexed by the City of
Riverside according to the terms of Section 71.011, Revised Statutes of Missouri; and
WHEREAS, there are no residents living in the area to be deannexed and the property;
and
WHEREAS, the City of Kansas City and the City of Riverside have been working on
the construction of a bicycle and pedestrian transportation facility along Line and Second
Creeks connecting the Missouri River to Smithville Lake; and
NOW, THEREFORE, in the spirit of cooperation and good faith both cities want to
construct the Line Creek Trail from Vivion Road to the Line Creek Community Center (Frank
Vaydik Park) by 2010, as follows:
Section 1. That the following property, generally bounded by Interstate 29 on the
north, Interstate 635 on the west, Line Creek on the east, and the City of Riverside on the
south and more specifically described as follows:
TRACT 1: All that part of the Northwest Quarter of Section 33, Township 51,
Range 33, Platte County, Missouri, being bounded and described as follows:
Beginning at the southeast corner of said Northwest Quarter of said Section 33;
thence north along the east line of said Quarter Section 167.1 feet; thence west
368 feet; thence South 86 degrees 38 minutes 51 seconds West, 160 feet;
thence South 64 degrees 19 minutes 45 seconds West to the south line of said
Quarter Section; thence east along the south line of said Quarter Section to the
point of beginning, except that part contained within the rights of way for
Missouri State Highway No. 71, Interstate Highway # I-635 and Interstate
Highway # I-29. Containing 83,047 square feet or 1.91 acres more or less.
TRACT 2: A tract of land in the Northeast Quarter of Section 33, Township
51, Range 33, Platte County, Missouri, described as follows: Commencing at
the southwest corner of said Northeast Quarter; thence South 89 degrees 22
minutes Ol seconds East along the south line of said Northeast Quarter, 35 feet
to the point of beginning; thence continuing South 89 degrees 22 minutes Ol
seconds East along the south line of said Northeast Quarter, 1638.43 feet to the
southerly right-of--way line of Interstate 29; thence northwesterly along said
right-of--way line the next 3 courses; thence North 72 degrees 37 minutes 46
seconds West, 256.20 feet; thence North 77 degrees 47 minutes 34 seconds
West, 662.04 feet thence along a curve to the right with a central angel of 5
degrees 11 minutes 25 seconds and a radius of 3025.02 feet, a length of 274.03
feet; thence North 88 degrees 50 minutes 14 seconds West, 465.07 feet; thence
North 89 degrees 22 minutes Ol seconds West, 15.00 feet; thence South 0
degrees 23 minutes 55 seconds West, 278.00 feet to the point of beginning.
Containing 295,493 square feet or 6.78 acres more or less.
is hereby declared to be annexed by the City of Riverside, and the City Limits of the City of
Riverside be and hereby are extended and established so as to include all of the above-
described property.
Section 2. That the reasons for and purposes to be accomplished with this concurrent
detachment by the City of Kansas City and the annexation by Riverside are: Such action will
allow for better coordination of utility service and better provision of services for the benefit
of the citizens and property owners in the affected area.
Section 3. The City of Riverside shall file a certified copy of this ordinance simultaneously
with a certified copy of the related deannexation ordinance adopted by the City of Kansas
City in the office of the County Clerk of Platte County, the Recorder of Deeds of Platte
County, and the Clerk of the Circuit Court of Platte County, at the cost of the City of
Riverside.
Section 4. That the Mayor is authorized to enter into a Cooperative Agreement with the City
of Kansas City for the construction of the Line Creek Trail from I-29 to the boundaries of
Frank Vaydik Park. The agreement shall be in a form substantially similar to that attached
hereto as Exhibit A and incorporated herein.
Section 5. The Mayor, the City Administrator, the City Attorney and other appropriate
City officials are hereby authorized to take any and all actions as maybe deemed necessary or
convenient to 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 6. This Ordinance shall take effect immediately.
Passed this ~-"day of ~V lll/2.t.Gl~ , 2009.
~~~~c.~
Mayor Kathleen L. Rose
ATTE
• y Clerk
"_'' °` `°°`=""s Office of the City Clerk
fwixr os m~~ano~
25th Floor, City Hall
+: r . s r s ~° ~ _ ~ 414 East 12[h Street
" ' s s ° ° " ` Kansas City, Missouri 64106
CERTIFICATE OF THE CITY CLERK
~ ~~; lD ~L Li ~
ill MAR 1 0 2009
(816) 513.3360
Fax: (816) 513.3353
I, Vickie Thompson, City Clerk of Kansas City, Missouri, certify the attached is a true and
correct copy of:
Chapter(s):
Charter Section(s):
Ordinance(s): 080586
Resolution(s):
Other(s):
The above appears in records and is on file in the Office of the City Clerk, 25t'` Floor, City
Hall, Kansas City, Missouri.
IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the City, on this
17ti` day of March, 2009.
Vickie Thompson
City Clerk
By
Deputy Ci lerk f /
COMMITTEE SUBSTITUTE FOR ORDINANCE NO.080586
Detaching from the City approximately 8.69 acres generally bounded by Interstate 29 on
the north, Interstate 635 on the west, Line Creek on the east, and the City of Riverside on
the south and authorizing the Director of Public Works to execute a cooperative
agreement with the City of Riverside for the detachment and for the construction of a
bicycle and pedestrian trail.
WHEREAS, when the state of Missouri constructed Interstate 29 a physical
barrier was created; and
WHEREAS, this physical barrier provides an impediment to providing basic
services to certain property located within the municipal boundaries of the City of Kansas
City; and
WHEREAS, the City of Kansas City has determined that providing basic services
to property generally bounded by Interstate 29 on the north, Interstate 635 on the west,
Line Creek on the east, and the City of Riverside on the south is an inefficient use of City
funds; and
WHEREAS, the City of Kansas City and the City of Riverside agree that
providing basic services to property generally bounded by Interstate 29 on the north,
Interstate 635 on the west, Line Creek on the east, and the City of Riverside on the south
is better addressed by a single city; and
WHEREAS, it is the intent of the City of Kansas City to deannex 8.69 acres
generally bounded by Interstate 29 on the north, Interstate 635 on the west, Line Creek on
the east, and the City of Riverside on the south so that it may be concurrently annexed by
the City of Riverside according to the terms of Section 71.011, Revised Statutes of
Missouri; and
WHEREAS, there are no residents living in the area to be deannexed and the
property; and
WHEREAS, the City of Kansas City and the City of Riverside have been working
on the construction of a bicycle and pedestrian transportation facility along Line and
Second Creeks connecting the Missouri River to Smithville Lake; and
WHEREAS, in the spirit of cooperation and good faith both cities want to
construct the Line Creek Trail from Vivion Road to the Line Creek Community Center
(Frank Vaydik Park) by 2010; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OP KANSAS CITY:
COMMITTEE SUBSTITUTE FOR ORDINANCE N0.080586
Section 1. That the following property, generally bounded by Interstate 29 on the
north, Interstate 635 on the west, Line Creek on the east, and the City of Riverside on the
south and more specifically described as follows:
TRACT 1; All that part of the Northwest Quarter of Section 33, Township
51, Range 33, Platte County, Missouri, being bounded and described as
follows: Beginning at the southeast corner of said Northwest Quarter of
said Section 33; thence north along the east line of said Quarter Section
167.1 feet; thence west 368 feet; thence South 86 degrees 38 minutes 51
seconds West, 160 feet; thence South 64 degrees 19 minutes 45 seconds
West to the south line of said Quarter Section; thence east along the south
line of said Quarter Section to the point of beginning, except that part
contained within the rights of way for Missouri State Highway No. 71,
Interstate Highway # I-635 and Interstate Highway # I-29. Containing
83,047 square feet or 1.91 acres more or less.
TRACT 2: A .tract of land in the Northeast Quarter of Section 33,
Township 51, Range 33, Platte County, Missouri, described as follows:
Commencing at the southwest corner of said Northeast Quarter; thence
South 89 degrees 22 minutes O1 seconds East along the south line of said
Northeast Quarter, 35 feet to the point of beginning; thence continuing
South 89 degrees 22 minutes O1 seconds East along the south line of said
Northeast Quarter, 1638.43 feet to the southerly right-of--way line of
Interstate 29; thence northwesterly along said right-of--way line the next 3
courses; thence North 72 degrees 37 minutes 46 seconds West, 256.20
feet; thence North 77 degrees 47 minutes 34 seconds West, 662.04 feet
thence along a curve to the right with a central angel of 5 degrees 11
minutes 25 seconds and a radius of 3025.02 feet, a length of 274.03 feet;
thence North 88 degrees 50 minutes 14 seconds West, 465.07 feet; thence
North 89 degrees 22 minutes Ol seconds West, 15.00 feet; thence South 0
degrees 23 minutes 55 seconds West, 278.00 feet to the point of
beginning. Containing 295,493 square feet or 6.78 acres more or less.
is hereby declared to be detached by the City of Kansas City effective upon the
simultaneous and concurrent annexation of this property by the City of Riverside.
Section 2. That the reasons for and purposes to be accomplished with this
concurrent detachment by the City of Kansas City and the annexation by Riverside are:
Such action will allow for better coordination of utility service and better provision of
services for the benefit of the citizens and property owners in the affected area.
Section 3. The City of Riverside shall file a certified copy of this ordinance
simultaneously with a certified copy of the related annexation ordinance adopted by the
City of Riverside in the office of the County Clerk of Platte County, the Recorder of
Deeds of Platte County, and the Clerk of the Circuit Court of Platte County, at the cost of
the City of Riverside.
COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080586
Section 4. That the Director of Public Works is authorized to enter into a
Cooperative Agreement with the City of Riverside for the construction of the Line Creek
Trail from I-29 to the boundaries of Frank Vaydik Park. The agreement shall be in a form
substantially similar to that attached hereto and incorporated herein.
Approved as to form and
M. Margaret S~ah'an Moran
Assistant City ttoiney
Authenticated as Passed
r n ouser, Mayor
~k a ompson, Clty Clerk
MAR 0 5 2009
Date Passed