HomeMy WebLinkAbout1948 Vacating and Discontinuing a Portion of the NW Mattox (Maddox) Road Right of Way and Public Street BILL NO. 2023-057 ORDINANCE NO. 1948
AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF THE NW MATTOX
(MADDOX) ROAD RIGHT OF WAY AND PUBLIC STREET, IN THE CITY OF RIVERSIDE,
PLATTE COUNTY, MISSOURI
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, NW Mattox (Maddox) Road ("Mattox Road'') is a public street and right-of-
way which is also known as Maddox Road; and
WHEREAS. Mattox Road is located in Section 7, Township 50 North, Range 33 West of
the 5th P.M., City of Riverside. Platte County, Missouri, said roadway originally being referenced
in a recorded Affidavit No. 29057, in Book 348 at Page 417 of the records of said Platte County.
Said Affidavit was filed by E. I. Myers, City Engineer for the City of Riverside. August 31, 1970;
and
WHEREAS. Mattox Road, as illustrated within Exhibit A, attached hereto and
incorporated herein. originally was located within Lots 1 and 8. 40 West at Horizons. and
proceeded through and south of 39th Street ("Old Mattox Road Tract"): and
WHEREAS, the City realigned Mattox Road, so that it no longer is located within Lots 1
and 8, 40 West at Horizons, and no longer proceeds south of Lot 8, 40 West Horizons as
illustrated in Exhibit B, ("New Mattox Road Tract"); and
WHEREAS, City staff recommend the Old Mattox Road Tract and Right of Way within
Lots 1 and 8. 40 West, be vacated as a public street and as a right of way as such vacation is in
conformance with the approved Master Plan and does not negatively impact traffic flow of the
development: and
WHEREAS. this vacation includes any recorded or unrecorded rights-of-way or presumed
prescribed rights for said Mattox Road, EXCLUDING any Platted right of way in aforesaid Section
7 and upon vacation of the Old Mattox Road Tract, the underlying property shall accrue by
operation of law to the City; and
WHEREAS. the Board of Aldermen find that the vacation of this right-of-way and public
street would not inconvenience the public or citizens of the City; and
WHEREAS, the Board of Aldermen finds that the City staff recommends said vacation of
the Old Mattox Road Tract. that such vacation 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 portion of right of way and
portion of the public street known as the Old Mattox Road Tract 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:
WA 5969447.2
SECTION 1 — BEST INTEREST OF THE CITY TO APPROVE THE VACATION OF OLD
MATTOX (MADDOX) ROAD TRACT. The Board of Aldermen finds the Vacation of the right-of—
way for a public street and the public street identified as Old Mattox Road Tract which originally
was located in Section 7, Township 50 North, Range 33 West of the 5th P.M., City of Riverside,
Platte County, Missouri, said roadway originally being referenced in a recorded Affidavit No.
29057, in Book 348 at Page 417 of the records of said Platte County. Said Affidavit was filed by
E. I. Myers, City Engineer for the City of Riverside, August 31, 1970, and as illustrated within
Exhibit A, attached hereto and incorporated herein, was located within Lots 1 and 8, 40 West at
Horizons as recorded on 6/03/2022, and proceeded through and south of 39th Street and hereby
vacates the Old Mattox Road Tract and relocates such public street and right of way known as
Mattox Road as illustrated and described within the Final Plat, 40 West at Horizons, a replat of
Tract "A", replat of Doorlink, 1st Plat, together with a portion of of the Northeast Quarter of
Fractional Section 7 and the Northwest Quarter of Fractional Section 8, Township 50 North,
Range 33 West, all in the City of Riverside Platte County, Missouri, attached hereto as Exhibit
B, and incorporated herein, and hereby finds such vacation and relocation 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. In order to further the objectives of industrial and economic development of
the City, as well as in furtherance of the objective to protect the health. safety, and welfare of the
businesses and citizens of the City, the Board of Aldermen hereby declare it necessary,
reasonable, and proper to vacate as a right-of-way for a public street the Old Mattox Road Tract,
and forever vacates the Old Mattox Road Tract and relocates the right-of-way for a public street
and the public street as illustrated and described in Exhibit B.
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 take any and all actions as may be 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 3 - 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 19th day of September 2023.
thleen L. Rose, Mayor
ATTEST:
Robin Kincaidc, City Clerk
WA 5969447.2
JC 17520503.1
Approved as to form:
SpencerFane LLP
Special Counsel to the City
By Joe Bednar
WA 59694472
1C 17520503.1
EXHIBIT A
4 WA 5969447.2
JC 17520503.1
FINAL PLAT
40 WEST AT HORIZONS
A REPLAT OF TRACT "A", REPLAT OF DOORLINK, 1ST PLAT, TOGETHER WITH A PORTION OF OF THE NORTHEAST
QUARTER OF FRACTIONAL SECTION 7 AND THE NORTHWEST QUARTER OF FRACTIONAL SECTION 8,
TOWNSHIP 50 NORTH, RANGE 33 WEST, ALL IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI
LOCATION MAP
FRAC. SECTON 7-50-34
Scale 1" = 2000'
NOTES
Basis of Bearings: Per plat of REPLAT OF DOORLINK 1ST PLAT.
All bearings and distances shown on this plat are platted and measured unless
otherwise noted.
Flood Plain Note: According to the F.E.M.A. Flood Insurance Rate Map Number
19165C0392D, effective April 2, 2015, this tract graphically lies in OTHER FLOOD
AREAS, ZONE X, defined as areas of 0.2% annual chance flood; areas of 1%
less than 1 square mile; and areas protected by levees from 1% annual chance flood.
I hereby certify that this Subdivision Plat is based upon actual field survey performed by me or under my direct
supervision during July 2020, and that said survey meets or exceeds the current Missouri Standars for Property
Boundary Surveys, urban type property, as established by the Missouri Board for Architects, Professional
Engineers, Professional Land Surveyors and Professional Landscape Architects and the Department of
Agriculture Land Survey Program of the State of Missouri.
Steve E. Roberts, Missouri LS-2496
RIC MO CLS-2011003572
sroberts@ric-consult.com
DESCRIPTION
A portion of Tract "A", REPLAT OF DOORLINK 1ST PLAT, a platted subdivision, together with portions of the Northeast Quarter of Fractional Section 7 and the Northwest
Quarter of Fractional Section 8, Township 50 North, Range 33 West, all in the City of Riverside, Platte County, Missouri, more particularly described as follows:
Beginning at the Northeast corner of said Tract "A"
thence South 89º23'44" East, along the North line of the Northeast Quarter of said Fractional Section 7, a distance of 1302.05 feet to the Northeast
corner of the Northeast Quarter of said Fractional 7;
thence South 88º51'51" East, along the South link of Lot 6A, ARGO INNOVATION PARK SECOND PLAT, 20.00 feet to the Southeast corner thereof;
thence South 00º19'22" West, along a line 20.00 feet east of and parallel with the East line of the Northeast Quarter of said Fractional Section 7, 742.96 feet;
thence North 89º40'38" West, 20.00 feet to a point on the East line of the Northeast Quarter of said Fractional Section 7;
thence westerly along a curve to the left, having a radius of 540.00 feet, an arc length of 261.07 feet and a chord which bears South 76º20'21" West, 258.53 feet;
thence South 62º37'20" West, 244.68 feet;
thence North 89º39'33" West, 867.62 feet to a point on the East right-of-way line of Mattox Road, as it now exists;
thence along said East right-of-way line, the following four courses:
thence North 00º20'16" East, 319.54 feet;
thence northerly along a curve to the right, having a radius of 530.00 feet, an arc length of 304.91 feet and a chord which bears North 1608'35" West, 300.72 feet;
thence North 32º37'27" West, 107.24 feet;
thence northerly along a curve to the right, having a radius of 470.00 feet, an arc length of 217.83 feet and a chord which bears North 19º20'49" West, 215.88 feet;
thence departing said East right-of-way line, North 89º24'06" West, 48.15 feet;
thence North 00º32'18" East, 25.00 feet to a point on the North line of the Northwest Quarter of said Fractional Section 7;
thence South 89º24"06 East, along said North line, 297.45 feet to the Point of Beginning, containing 1,257,748 square feet, or 28.874 acres, more or less.
DEDICATION
The undersigned owner(s) of the property described herein have the same to be subdivided in the manner shown on this plat and said property shall hereafter be known as "40
WEST AT HORIZONS".
An easement or license is also hereby granted to the City of Riverside, Missouri to locate, construct and maintain, and to authorize the location, construction, maintenance or use
of conduits, for all and any purpose, water, gas and sewer mains, poles, wires, anchors and appurtenances thereto, or any or all of them upon, under and along the strips of land
outlined on this plat and designated "Utility Easement" or "U/E".
Non-exclusive easements in, to, under and over portions of Lot 3 outlined on this plat and designated "Utility Easement & Access Easement" or "U/E & A/E", is hereby dedicated
to the owner of the communications easement shown on Lot 3, their respective heirs, successors, personal representatives, lessees, licensees and assigns, for ingress and
egress to and from the Communication Easement and a publicly dedicated roadway, and for the installation, repair, replacement, improvements, maintenance and removal of
utilities providing service to the Communication Easement and related facilities, and any related activities and uses.
EXECUTION
IN TESTIMONY WHEREOF, the undersigned proprietor has caused this
instrument to be executed this day of 20 .
Schuller Living Trust
John R. Schuller, Trustee
STATE OF )
) SS
COUNTY OF )
BE IT REMEMBERED, that on this day of 2021,
before me a Notary Public in sand for said County and State, came John R.
Schuller, Trustee of the Schuller Living Trust, who is personally known to
me to be the same person who executed the foregoing instrument of
writing on behalf of said trust, and they duly acknowledged the execution of
the same to be the act and deed of said trust.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year last written above.
Notary Public
My Appointment Expires
EXECUTION
IN TESTIMONY WHEREOF, the undersigned proprietor has caused this
instrument to be executed this day of 20 .
Meridian Riverside, LLC
John R. Schuller, Member
STATE OF )
) SS
COUNTY OF )
BE IT REMEMBERED, that on this day of 2021,
before me a Notary Public in sand for said County and State, came John R.
Schuller, Member of Meridian Riverside, LLC, who is personally known to
me to be the same person who executed the foregoing instrument of
writing on behalf of said company, and they duly acknowledged the execution of
the same to be the act and deed of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year last written above.
Notary Public
My Appointment Expires
EXECUTION
IN TESTIMONY WHEREOF, the undersigned proprietor has caused this
instrument to be executed this day of 20 .
City of Riverside, Missouri
Kathleen L. Rose, Mayor
STATE OF )
) SS
COUNTY OF )
BE IT REMEMBERED, that on this day of 2021,
before me a Notary Public in sand for said County and State, came Kathleen
L. Rose, Mayor of the City of Riverside, who is personally known to
me to be the same person who executed the foregoing instrument of
writing on behalf of said City, and they duly acknowledged the execution of
the same to be the act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year last written above.
Notary Public
My Appointment Expires
APPROVALS
Approved by the planning and zoning commission of the City of Riverside
this day of 2021.
Stephen King, Chairman
Approved by the city council of the City of Riverside this day of
2021.
Ordinance No.
Kathleen L. Rose, Mayor
Robin Kincaid, City Clerk
40 WEST AT HORIZONS
Prepared For:
City of Riverside
2940 NW Vivion Road
Riverside, MO 64150
(816) 741-3993
Date of Preparation: April 7,, 2021
Revised: October 4, 2021
Renaissance Infrastructure Consulting
132 Abbie Avenue
Kansas City, Kansas 66103
913.317.9500
www.ric-consult.com
EXHIBIT B
5 WA 5969447.2
JC 17520503.1
NW Mattox Road
Right-of-Way to be Vacated
(map of right-of-way highlighted)
Legend
Feature 1
Mattox ROW Lot 1
Mattox ROW Lot 8
Mattox ROW Unplatted
Google Earth
Image (c) 2023 Airbus
Recorded in Platte County, Missouri
Recording Date/Time: 08/11/2022 at 03:55:48 PM
Instr Number: 2022011246
Book: 1382 Page: 750
Type: DE ESMT
Pages: 4
Fee: $33.00 S
Grantor: RIVERSIDE MISSOURI CITY OF
Grantee: KANSAS CITY
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
Gloria Boyer,
Recorder of Deeds
That the CITY OF RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W.
Vivion Road, Riverside, Missouri 64150, hereinafter called GRANTOR for and in consideration of one dollar
($1.00) and other valuable considerations the receipt of which is hereby acknowledged, does hereby grant,
remise, release and forever quitclaim unto KANSAS CITY, a Missouri municipality, hereinafter called
GRANTEE (414 East 12th Street, Kansas City, Missouri, 64106), an easement for the location, construction,
reconstruction, maintenance, operation and repair of sewerage improvements and any and all appurtenances
incidental thereto in, under, upon, over and through the following -described tract of land lying, being and
situate in Kansas City, Platte County, Missouri, to -wit:
SEE EXHIBIT A
By the granting of this easement, it shall not be construed to prohibit the GRANTOR from developing any
adjoining property or from the laying out, establishing and constructing pavement, surfacing of roadways, curbing and
gutters along, upon, over or across said easement or any portion thereof; provided, however, said easement shall be kept
free from additional depth of overburden, buildings, and any other structure or obstruction (except sidewalks, roadways
pavement, grass, shrubs, fences, or curbs), which will interfere with the GRANTEE in entering upon said adjacent land
and easement for the purpose of laying, constructing, reconstructing, operating, repairing and maintaining such sewerage
improvements and appurtenances.
GRANTOR further states that they are lawfully seized of any indefeasible title in fee to the lands through which
said easement is granted, and that they have good and lawful title and right to convey said easement to the GRANTEE
aforesaid.
Book 1382 Page 750
IN TESTIMONY WHEREOF, the said GRANTOR has hereunto set its hand this 10th day
of August, 2022.
City of Riverside, Missouri (Grantor):
By:
Printed Name: Kathleen L. Rose
Title: Mayor
Dated: August 10, 2022
ATTEST:
Robin Kincaid, City Clerk
ACKNOWLEDGMENT — City of Riverside, Missouri
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS 10th day of August 2022, before me, personally appeared the honorable
Kathleen L. Rose to me personally known, who being by me duly sworn, did say that she is the Mayor of the City of
Riverside, Missouri, a Missouri municipality, and that said instrument was executed on behalf of said City of
Riverside, Missouri by authority of its Board of Aldermen, and Mayor Rose executed said instrument to be the free
act and deed of said City of Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in
Platte County, the day and year last above written.
SARAH WAGNER
Notary Public - Notary Seal
STATE OF MISSOURI
Clinton County
My Commission Expires: Nov. 13, 2023
Commission #11277184
Printed Name: Sarah Wagner
Notary Public in and for said State
Commissioned in Clinton County
My term expires: November 13, 2023
StdSewerEsmt
Rev. 03/2004
BiDer) k 1 382 P-3- q' 750
EXHIBIT "A"
Sanitary Sewer Easement:
All that part of Tract "A", Lots 5, 6, 7 and 8, 40 WEST AT HORIZONS, a platted subdivision, together with
a portion of un-platted land, all in the Northeast Quarter of Fractional Section 7, Township 50 North,
Range 33 West of the 5th P.M., in the City of Riverside, Platte County, Missouri, more particularly
described by Steve E. Roberts, Missouri LS-2496, as follows:
Commencing at the Northwest corner of Lot 4, said 40 WEST AT HORIZONS; thence South 00°20'35"
West, along the West line of said Lot 4 and East line of said Tract "A", a distance of 84.52 feet to the
Point of Beginning; thence continuing along said East line, South 00°20'35" West, a distance of 327.84
feet to the Southwest corner of said Lot 4 and the Southeast corner of said Tract "A"; thence South
62°37'20" West, along the Southeast line of said Tract "A", a distance of 140.66 feet; thence leaving said
Southeast line, South 00°00'00" West, a distance of 30.46 feet; thence South 89°39'33" East, a distance
of 389.51 feet to a point on the West right-of-way line of NW. Van DePopulier Road, as it now exists;
thence South 00°19'54" West, along said West right-of-way line, a distance of 20.00 feet; thence leaving
said West right-of-way line, North 89°39'33" West, along a line being 20.00 feet south of and parallel
with the South line of said Tract "A",a distance of 1200.12 feet; thence departing said parallel line, South
43°28'30" West, a distance of 115.04 feet; thence South 00°20'14" West, a distance of 56.06 feet;
thence North 89'39'46" West, a distance of 3.50 feet to a point on the East line of Tract "A", REPLAT OF
DOORLINK, 1ST PLAT, a platted subdivision in said City of Riverside; thence North 00°20'16" East, along
said East line, a distance of 81.57 feet; thence leaving said East line, North 43°28'30" East, a distance of
107.48 feet to a point on the South line of Tract "A", said 40 WEST AT HORIZONS; thence South
89°39'33" East, along said South line and its Easterly extension, a distance of 789.27 feet; thence North
00°00'00" East, a distance of 48.53 feet; thence North 62°37'20" East, a distance of 140.78 feet; thence
North 00°20'35" East a distance of 289.11 feet; thence North 68°36'45" West a distance of 193.23 feet
to a point on a line 45.00 feet south of and parallel with the North line of said Lots 5, 6, 7 and 8; thence
North 89°23'55" West, along said parallel line, a distance of 648.36 feet; thence departing said parallel
line, North 00°36'05" East a distance of 25.00 feet to a point on the South line of a 20.00 foot wide utility
easement, as platted with said 40 WEST AT HORIZONS plat; thence South 89°23'55" East, along said
South line, a distance of 667.04 feet; thence departing said South line, South 68°36'45" East a distance
of 205.25 feet to the Point of Beginning, containing 63,635 square feet, or 1.461 acres, more or less.
SEAL
STATE OF MISSOURI REGISTERED LAND SURVEYOR
LS-2496
STEVE E. ROBERTS
Sheet 1 of 2
Book 1382 Page 750
Sanitary Sewer Easement Exhibit "A"
(drawing of location of sanitary sewer easement with NW Van DePupulier Road on the east side and Mattox Road on the west side)
SEAL
STATE OF MISSOURI REGISTERED LAND SURVEYOR
LS-2496
STEVE E. ROBERTS
Renaissance Infrastructure Consulting
132 Abbie Avenue
Kansas City, Kansas 66103
913.317.9500
www.ric-consult.com
Recorded in Platte County, Missouri
Recording Date/Time: 03/19/2024 at 11:49:36 AM
Book: 1403 Page: 370
Instr #: 2024002463
Pages: 8
Fee: $42.00
Electronically Recorded
First American Title NCS - Kansas Ci...
Christopher L. Wright
Recorder of Deeds
RECORDER OF DEEDS CERTIFICATE
EXEMPT DOCUMENT
This document has been recorded under exempt status pursuant
to RSMo 59.310.4 and this certificate has been added to your
document in compliance with the laws of the State of Missouri.
THIS PAGE HAS BEEN ADDED AS THE FIRST PAGE OF YOUR DOCUMENT --DO NOT REMOVE THIS PAGE
BILL NO. 2023-057
ORDINANCE NO. 1948
Recorded Electronically
ID B-1403, P-370
County Platte
Date 3-19-24 Time 114936 AM
Simplifile.com 800.460.5657
AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF THE NW MATTOX
(MADDOX) ROAD RIGHT OF WAY AND PUBLIC STREET, IN THE CITY OF RIVERSIDE,
PLATTE COUNTY, MISSOURI
ORDINANCE NO. /? F)
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. NW Mattox (Maddox) Road (`Mattox Road') is a public street and right-of-
way which is also known as Maddox Road: and
WHEREAS, Mattox Road is located in Section 7, Township 50 North, Range 33 West of
the 5th P.M., City of Riverside. Platte County, Missouri, said roadway originally being referenced
in a recorded Affidavit No. 29057, in Book 348 at Page 417 of the records of said Platte County.
Said Affidavit was filed by E. I. Myers, City Engineer for the City of Riverside, August 31, 1970;
and
WHEREAS, Mattox Road, as illustrated within Exhibit A. attached hereto and
incorporated herein. originally was located within Lots 1 and 8. 40 West at Horizons. and
proceeded through and south of 39th Street ("Old Mattox Road Tract"): and
WHEREAS. the City realigned Mattox Road, so that it no longer is located within Lots 1
and 8, 40 West at Horizons, and no longer proceeds south of Lot 8, 40 West Horizons as
illustrated in Exhibit B, ("New Mattox Road Tract"); and
WHEREAS, City staff recommend the Old Mattox Road Tract and Right of Way within
Lots 1 and 8, 40 West, be vacated as a public street and as a right of way as such vacation is in
conformance with the approved Master Plan and does not negatively impact traffic flow of the
development; and
WHEREAS. this vacation includes any recorded or unrecorded rights -of -way or presumed
prescribed rights for said Mattox Road, EXCLUDING any Platted right of way in aforesaid Section
7 and upon vacation of the Old Mattox Road Tract, the underlying property shall accrue by
operation of law to the City; and
WHEREAS. the Board of Aldermen find that the vacation of this right-of-way and public
street would not inconvenience the public or citizens of the City; and
WHEREAS, the Board of Aldermen finds that the City staff recommends said vacation of
the Old Mattox Road Tract, that such vacation 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 portion of right of way and
portion of the public street known as the Old Mattox Road Tract 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:
When recorded retnm to T. Hylton
First American Title Insurance Co. - NCS
1100 Main Street #1900
Kansas City, MO 64105
File No. 1183267
W A 5969447.2
SECTION 1 — BEST INTEREST OF THE CITY TO APPROVE THE VACATION OF OLD
MATTOX (MADDOX) ROAD TRACT. The Board of Aldermen finds the Vacation of the right-of—
way for a public street and the public street identified as Old Mattox Road Tract which originally
was located in Section 7, Township 50 North, Range 33 West of the 5th P.M., City of Riverside,
Platte County, Missouri, said roadway originally being referenced in a recorded Affidavit No.
29057, in Book 348 at Page 417 of the records of said Platte County. Said Affidavit was filed by
E. I. Myers, City Engineer for the City of Riverside, August 31, 1970, and as illustrated within
Exhibit A, attached hereto and incorporated herein, was located within Lots 1 and 8, 40 West at
Horizons as recorded on 6/03/2022, and proceeded through and south of 39" Street and hereby
vacates the Old Mattox Road Tract and relocates such public street and right of way known as
Mattox Road as illustrated and described within the Final Plat, 40 West at Horizons, a replat of
Tract "A", replat of Doorlink, 1st Plat, together with a portion of of the Northeast Quarter of
Fractional Section 7 and the Northwest Quarter of Fractional Section 8, Township 50 North,
Range 33 West, all in the City of Riverside Platte County, Missouri, attached hereto as Exhibit
B, and incorporated herein, and hereby finds such vacation and relocation 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. In order to further the objectives of industrial and economic development of
the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the
businesses and citizens of the City, the Board of Aldermen hereby declare it necessary,
reasonable, and proper to vacate as a right-of-way for a public street the Old Mattox Road Tract,
and forever vacates the Old Mattox Road Tract and relocates the right-of-way for a public street
and the public street as illustrated and described in Exhibit B.
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 take any and all actions as may be 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 3 — 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 19' day of September 2023.
Kathleen L. Rose, Mayor
ATTEST:
Robin Kincaid, City Clerk
2
WA 5969447.2
JC 17520503.1
Approved as to form:
SpencerFane LLP
Special Counsel to the City
By Joe Bednar
WA 59694472
JC 17520503.1
EXHIBIT A
4
WA 5969447.2
JC 17520503.1
FINAL PLAT
40 WEST AT HORIZONS
A REPLAT OF TRACT "A", REPLAT OF DOORLINK, 1ST PLAT, TOGETHER WITH A PORTION OF OF THE NORTHEAST
QUARTER OF FRACTIONAL SECTION 7 AND THE NORTHWEST QUARTER OF FRACTIONAL SECTION 8,
TOWNSHIP 50 NORTH, RANGE 33 WEST, ALL IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI
LOCATION MAP
FRAC. SECTON 7-50-34
Scale 1" = 2000'
NOTES
Basis of Bearings: Per plat of REPLAT OF DOORLINK 1ST PLAT.
All bearings and distances shown on this plat are platted and measured unless
otherwise noted.
Flood Plain Note: According to the F.E.M.A. Flood Insurance Rate Map Number
19165C0392D, effective April 2, 2015, this tract graphically lies in OTHER FLOOD
AREAS, ZONE X, defined as areas of 0.2% annual chance flood; areas of 1%
less than 1 square mile; and areas protected by levees from 1% annual chance flood.
I hereby certify that this Subdivision Plat is based upon actual field survey performed by me or under my direct
supervision during July 2020, and that said survey meets or exceeds the current Missouri Standars for Property
Boundary Surveys, urban type property, as established by the Missouri Board for Architects, Professional
Engineers, Professional Land Surveyors and Professional Landscape Architects and the Department of
Agriculture Land Survey Program of the State of Missouri.
Steve E. Roberts, Missouri LS-2496
RIC MO CLS-2011003572
sroberts@ric-consult.com
DESCRIPTION
A portion of Tract "A", REPLAT OF DOORLINK 1ST PLAT, a platted subdivision, together with portions of the Northeast Quarter of Fractional Section 7 and the Northwest
Quarter of Fractional Section 8, Township 50 North, Range 33 West, all in the City of Riverside, Platte County, Missouri, more particularly described as follows:
Beginning at the Northeast corner of said Tract "A"
thence South 89º23'44" East, along the North line of the Northeast Quarter of said Fractional Section 7, a distance of 1302.05 feet to the Northeast
corner of the Northeast Quarter of said Fractional 7;
thence South 88º51'51" East, along the South link of Lot 6A, ARGO INNOVATION PARK SECOND PLAT, 20.00 feet to the Southeast corner thereof;
thence South 00º19'22" West, along a line 20.00 feet east of and parallel with the East line of the Northeast Quarter of said Fractional Section 7, 742.96 feet;
thence North 89º40'38" West, 20.00 feet to a point on the East line of the Northeast Quarter of said Fractional Section 7;
thence westerly along a curve to the left, having a radius of 540.00 feet, an arc length of 261.07 feet and a chord which bears South 76º20'21" West, 258.53 feet;
thence South 62º37'20" West, 244.68 feet;
thence North 89º39'33" West, 867.62 feet to a point on the East right-of-way line of Mattox Road, as it now exists;
thence along said East right-of-way line, the following four courses:
thence North 00º20'16" East, 319.54 feet;
thence northerly along a curve to the right, having a radius of 530.00 feet, an arc length of 304.91 feet and a chord which bears North 1608'35" West, 300.72 feet;
thence North 32º37'27" West, 107.24 feet;
thence northerly along a curve to the right, having a radius of 470.00 feet, an arc length of 217.83 feet and a chord which bears North 19º20'49" West, 215.88 feet;
thence departing said East right-of-way line, North 89º24'06" West, 48.15 feet;
thence North 00º32'18" East, 25.00 feet to a point on the North line of the Northwest Quarter of said Fractional Section 7;
thence South 89º24"06 East, along said North line, 297.45 feet to the Point of Beginning, containing 1,257,748 square feet, or 28.874 acres, more or less.
DEDICATION
The undersigned owner(s) of the property described herein have the same to be subdivided in the manner shown on this plat and said property shall hereafter be known as "40
WEST AT HORIZONS".
An easement or license is also hereby granted to the City of Riverside, Missouri to locate, construct and maintain, and to authorize the location, construction, maintenance or use
of conduits, for all and any purpose, water, gas and sewer mains, poles, wires, anchors and appurtenances thereto, or any or all of them upon, under and along the strips of land
outlined on this plat and designated "Utility Easement" or "U/E".
Non-exclusive easements in, to, under and over portions of Lot 3 outlined on this plat and designated "Utility Easement & Access Easement" or "U/E & A/E", is hereby dedicated
to the owner of the communications easement shown on Lot 3, their respective heirs, successors, personal representatives, lessees, licensees and assigns, for ingress and
egress to and from the Communication Easement and a publicly dedicated roadway, and for the installation, repair, replacement, improvements, maintenance and removal of
utilities providing service to the Communication Easement and related facilities, and any related activities and uses.
EXECUTION
IN TESTIMONY WHEREOF, the undersigned proprietor has caused this
instrument to be executed this day of 20 .
Schuller Living Trust
John R. Schuller, Trustee
STATE OF )
) SS
COUNTY OF )
BE IT REMEMBERED, that on this day of 2021,
before me a Notary Public in sand for said County and State, came John R.
Schuller, Trustee of the Schuller Living Trust, who is personally known to
me to be the same person who executed the foregoing instrument of
writing on behalf of said trust, and they duly acknowledged the execution of
the same to be the act and deed of said trust.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year last written above.
Notary Public
My Appointment Expires
EXECUTION
IN TESTIMONY WHEREOF, the undersigned proprietor has caused this
instrument to be executed this day of 20 .
Meridian Riverside, LLC
John R. Schuller, Member
STATE OF )
) SS
COUNTY OF )
BE IT REMEMBERED, that on this day of 2021,
before me a Notary Public in sand for said County and State, came John R.
Schuller, Member of Meridian Riverside, LLC, who is personally known to
me to be the same person who executed the foregoing instrument of
writing on behalf of said company, and they duly acknowledged the execution of
the same to be the act and deed of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year last written above.
Notary Public
My Appointment Expires
EXECUTION
IN TESTIMONY WHEREOF, the undersigned proprietor has caused this
instrument to be executed this day of 20 .
City of Riverside, Missouri
Kathleen L. Rose, Mayor
STATE OF )
) SS
COUNTY OF )
BE IT REMEMBERED, that on this day of 2021,
before me a Notary Public in sand for said County and State, came Kathleen
L. Rose, Mayor of the City of Riverside, who is personally known to
me to be the same person who executed the foregoing instrument of
writing on behalf of said City, and they duly acknowledged the execution of
the same to be the act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year last written above.
Notary Public
My Appointment Expires
APPROVALS
Approved by the planning and zoning commission of the City of Riverside
this day of 2021.
Stephen King, Chairman
Approved by the city council of the City of Riverside this day of
2021.
Ordinance No.
Kathleen L. Rose, Mayor
Robin Kincaid, City Clerk
40 WEST AT HORIZONS
Prepared For:
City of Riverside
2940 NW Vivion Road
Riverside, MO 64150
(816) 741-3993
Date of Preparation: April 7,, 2021
Revised: October 4, 2021
Renaissance Infrastructure Consulting
132 Abbie Avenue
Kansas City, Kansas 66103
913.317.9500
www.ric-consult.com
EXHIBIT B
5
WA 5969447.2
JC 17520503.1
NW Mattox Road
Right-of-Way to be Vacated
(map of right-of-way highlighted)
Legend
Feature 1
Mattox ROW Lot 1
Mattox ROW Lot 8
Mattox ROW Unplatted
Google Earth
Image (c) 2023 Airbus