HomeMy WebLinkAbout1997-055 - Repealing Ordinance 97-34BILL NO. 97- .55
ORDINANCE NO. 97- ~~_
AN ORDINANCE REPEALING ORDINANCE NO. 97-34 AND ENACTING IN LIEU
THEREOF THIS ORDINANCE DISCLAIIvIING AND ABANDONING ANY CURRENT AND
FUTURE USE OF A CERTAIN SANITARY SEWER EASEMENT IN TRACT 5, WEDOW
ADDITION, A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY,
MISSOURI
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1. Ordinance No. 97-34 is hereby repealed.
SECTION 2. Subject to the condition that the Standard Sewer Easement attached as
Exhibit A ("Easement") be filed of record prior to the filing of the Partial Release of
Sewer Easements attached as Exhibit B ("Release"), the Board of Aldermen of the City
of Riverside, Platte County, Missouri disclaims and abandons any current and future use
of a certain easement for sanitary sewer mains as to the land described as follows:
A tract of land 15 feet in width, located in Section 4, Township 50, Range 33 and
being part of Tract 5, WEDOW ADDITION, a subdivision of land in the City of
Riverside, Platte County, Missouri, laying 7.5 feet on each side of the following
described centerline:
Commencing at the Northeast corner of Tract 2 of said WEDOW ADDITION;
thence North 70°01'00" West, along the Northerly line of Tract 2 and Tract 5,
a distance of 92.10 feet to the centerline of an existing 15 foot wide sewer right-
of-way easement recorded by Doc, #22729 in Book 501 at Page 839 (2.50 feet
wide) and by Doc, #22730 in Book 501 at Page 841 (12.50 feet wide); thence
south 17°41'38" West, along the centerline of said sewer easement, a distance of
60.00 feet to the POINT OF BEGINNING; thence continuing South 17°41'38"
West, a distance of 100.00 feet; to the Point of Terminus.
SECTION 3. Subject to the prior filing of the Easement, the Board of Aldermen directs
that the Release be filed for record in the Office of the Recorder of Deeds of Platte
County, Missouri.
SECTION 4. This ordinance shall be in full force and effect from and after the date of
passage.
,,.
PASSED THIS :~~,~ DAY OF MAY, 1997. ~
ATTF,ST: ~~
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Grace Kemerling, ity Clerk
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Mayor Ed Rule
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APPROVED THIS ~~ DAY OF MAY, 1997.
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Mayor Ed Rule
PARTIAL RELEASE OF SEWER EASEMENTS
On this .~/ day of May, 1997, and in consideration of the payment of Ten and No/100
Dollars ($10.00), receipt of which is acknowledged, the City of Riverside, Missouri does, by
this instrument and pursuant to City of Riverside Ordinance No, 97-.,5<J5 , grant a partial release
of sewer easements to the fee owner of the subject property, as described in Ordinance No. 97-
~ ,~, attached hereto as Exhibit A and incorporated herein, it being the intention of the parties
to terminate a portion of such easements originally recorded as Document No, 22729, in Book
501, at Page 839 and Document No, 22730, in Book 501, at Page 841.
Ed ule, ayor, City of Riverside (Date)
l
Grace Kemerling; City Clerk of 'verside, Missouri
STATE OF MISSOURI )
SS.
COUNTY OF JACKSON )
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(Date)
On this ~ . ~'_ day of May, 1997, before me, a notary public in and for the above-named
county and state, personally appeared Ed Rule, Mayor of Riverside, Missouri and Grace
Kemerling, City Clerk of Riverside, Missouri, known to me to be the persons who executed this
Release in behalf of the City of Riverside, Missouri, and acknowledged to me that they executed
the same for the purposes stated therein.
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My Commission Expires:
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Exhibit A
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Standard Sewer Easement
Know All Men By These Presents:
~,to n:i u,~i ter called GR.4 STOR (nr and .n coon iJern Linn n[ one dollar IS;.CO) •tnd utter va LmLie cnnaiderationa
the receipt of ++hich is hereby ac Ln mciedged. does herehv Rrnnt. remise. re lcu.ne and fnrc vtr qunclatm unro
3I*7E3S~D.°. ~ n ~lissauri mugicipaUtr, hereinafter called GRdNTF.F..un enaement Eor the Inealinn, construction
rccnn~trurt wn, ram inltnn nee, roc r..tinn and repo it of >r,rrrv ~e ingm,. uuenin and un)• and all appurtenances
,ncidentn there [,+ .n. order, upon. over and thrru Rh the fnlo+vin q~; cr'ori Led [nu of land !ring, being and situate
Matte (: nunn~, \liasouri, to-w ir.
i.. 3ivers:de,
A acct of Land 15 feet in width, loca[ed in Section 4, Township SO,Range 33 and being part of
Tracrs 2, 3 and 5, DOW addition, a subdivision of land in the City of Riverside, Platte
Coui:.ty, ~fissow^^:, tying 7.5 feet on each side of the following described centerline:
Commencing at the Northeast comer of Tract 2 of said'NEDOW ADDITION; thence North
0°0 i'00" West, along the Northeay :ins of Tract 2 and Tract ~, a distance of 92.10 feet to
cemertine of an existing t.5 root wide sewer tight-of-way easement recorded by Doc. #22730 in
3ooic 50i at Page 841; thence South 17°41'38" West, along the ceate:lille said sewer easement, a
distance of 54.64 feet to the POINT OF BEGINNL`1G; thence South 52°25'14" East, a distance of
:0.07 feet; thence South 37°34'46" West, a distance of 99.72 feet to the Point of Termi:.tu, said
point being on the cen^,erliae of the aforementioned sewer right-of--way eazement.
together with the :fight of r.RAVTc.E. its ngenta, omplnyeea or independent contractor to go upon the above-
described eaaemcrt and so much n[ Gt;n~: T GR'S land adjacent thereto as may oa re asonably necesann• for the
purpose of constructing, maintaining and :epairinq the se+vera ge im p:nvementa and appurte ounces thereto. Uoon
comoletinn n[ ouch comtrvetion.'ineintenance or repair.:he GRA NI'P: F, shall cause the :and of the GRA:V1'CR :o
be restored to approximate ly the same condition :hat ezis:ed print in ;he 0(l;. `I'i'c-E'S entry upon rc.
By the granting of this easement, it shall sot be construed to prohibit the GRANTOR Erom developing any adjoining
property or from the laying out, anhlishirg and constructing pavement, surfacing of roadways, curbing and gu Getz along,
upon, over or across said easement or any por[ion thereof; provided, however, zaad caxment shall be kept Free Cram
additional depth oC overburden, buildings, and any other structure of obstruction (except sidewalks, roadways, pavement;
y-ass, shrubs, Cenees, or curbs), which will interfere with the GR:.NTEE in entering upon said adjaeen[ land and easement
Cut Gte purpose of :ayiag, conzttuc:ing, :eeanstructing, operating, repairing and maintaining such sewerage'improvements
and appurtenances. -
GRAN TORS tutther state that they ace lawfully seized oC an indefeasible :isle in Cee to the lands through which
said easement is granted, and that they have good and lawful title and tight to convey said easement [o the GRANTEE
aforesaid.
IN TESTIMONY wHEB:OF.said G ANTOR(5) has hereunto set r'° hand and seal thin
day of Nineteen Hundred and 0 ~
t U (SEAL) ~ ~ ~ ~ (SEAL)
t '•~-~ /t (ScAL) (SEAL)
ut-art ;snag
STATE OF i /LJwIn o n..c~ I
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COli`iTY 0 1 rJISG~~ )
On this y ~ day a(~rw(u;-~1y3!~. before nic. pcrnnnu llv apprarrd ~ win ~C:G w.o ~r•ryl
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Y.'J/'c . a--'<l e ~lc-~ ~r25~2~~Qn~~ n~ ~t, ivy fi ~ ~"~vQO~r-.J~~G
G'Tt?.t.~..r^.
yid--t.~i-r~i (who declared h self In b< .ringlr and uninarri~•dl to nie knmrn to be Ihr pets nor sl
described in and ..ho executed the (ore¢ning instrument; and ~neknmcledged that Ihcy executed the some ns their
Tree act and deed.
(,\ "ES-i i1:0\`,- -~Cilc^.6~CF, t. ha.~e Scrc
\ly term cz Aires ~ ~ y - tag
STATE OF ~
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Dn this dn~ of
anti a((ised me nffirinl seal at my nffuc in
''c ~~".Y ~u•, ~C tLr do}- :,nd nPrur~nI n(a/v l aLnec tcri ttcn.
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..~ • ~`~~-3r }Drury hu6lic ~n and for said Countp and State
19_, before me aopeaced
o me pets onolly lnawn, and .vh o, Scing 'ey me dal}• sworn, did
say :hat Se is of the -
n core oration, and that the seal affixed to the lore goin¢ instrument is the core orate seal n( said carporo lion, and
:Sot th< instrument ~+as si¢ned and sealed in behalf v( said cnrporauon S~' authonp~ dul~• conferred upon aim b~~
is Board of Directors and acknot~ledged said instrument :o Se the free act
and deed a( said corporation-
I\ R'iT\ESS n1{FRe'.OF. I have here unto set mp hand and a(ficc6 mr ontarial seal at my office in
e dar and year last abaee wriae n.
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Exhibit B
PARTIAL RELEASE OF SEWER EASEMENTS
On this ~~~~day of May, 1997, and in consideration of the payment of Ten and No/100
Dollars ($10.00), receipt of which is acknowledged, the City of Riverside, Missouri does, by
this instrument and pursuant to City of Riverside Ordinance No, 97-,-5~ , grant a partial release
of s~ er easements to the fee owner of the subject property, as described in Ordinance No. 97-
Jj S ,attached hereto as Exhibit A and incorporated herein, it being the intention of the parties
to terminate a portion of such easements originally recorded as Document No, 22729, in Book
501, at Page 839 and Document No, 22730, in Book 501, at Page 841.
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Rule, ayor, rty of Riverside-- (Date)
~i
Grace Kemerling, City Clerk of Riv ide, Missouri (Date)
STATE OF MISSOURI )
SS.
COUNTY OF JACKSON )
On this w ~ day of May, 1997, before me, a notary public in and for the above-named
county and state, personally appeared Ed Rule, Mayor of Riverside, Missouri and Grace
Kemerling, City Clerk of Riverside, Missouri, known to me to be the persons who executed this
Release in behalf of the City of Riverside, Missouri, and acknowledged to me that they executed
the same for the purposes stated therein.
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f~i ~ ~~, ~~~'~~.
Notary Publ
My Commission Expires:
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