BILL NO ORDINANCE NO. 5238

Transcription

1 BILL NO ORDINANCE NO AN ORDINANCE VACATING VARIOUS STREET PROPERTIES OF THE CITY OF RICHMOND HEIGHTS, MISSOURI, ST. LOUIS COUNTY; DESCRIBED GENERALLY AS PART OF ABERDEEN AVENUE (AKA AS STOCKARD AVENUE), ALL OF ALABAMA AVENUE, ALL OF BOOKER PLACE, A PART OF JONES AVENUE, AND A PART OF MCKINLEY AVENUE (AKA BANNEKER AVENUE), AS DESCRIBED IN EXHIBITS A-E HEREIN TO ALLOW FOR CONSTRUCTION OF MENARD S HOME IMPROVEMENT STORE, A SEPARATE SHOPPING CENTER BUILDING AND A PLANNED RESTAURANT SITE IN THE HADLEY TOWNSHIP SOUTH REDEVELOPMENT AREA. WHEREAS, the City of Richmond Heights has received Petition from Menards, Inc., along with waiver of damages, seeking various street vacations of various tracts of land generally described as part of Aberdeen Avenue (AKA Stockard Avenue), Alabama Avenue, all of Booker Place, a Part of Jones Avenue, and a Part of McKinley Avenue (AKA Banneker Avenue) as further legally described in Exhibits A-E herein, to allow for construction of a Menard s home improvement store, a separate shopping center building and a planned restaurant site in the Hadley Township South Redevelopment Area; and WHEREAS, said Petition was referred to the Plan and Zoning Commission which, at its meeting on September 19, 2013, recommended approval of the petition with the conditions as set out in Section 2. WHEREAS, due notice of a Public Hearing before the City Council upon said petition was published according to law and ordinance, and WHEREAS, a Public Hearing was held before the Council of the City of Richmond Heights on October 7, 2013, upon said petition, and WHEREAS, the Council of the City of Richmond Heights finds and deems it in the best interest of the city to vacate the requested portions of the above described tracts of land, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RICHMOND HEIGHTS, MISSOURI, as follows: SECTION 1. In the accordance with the provisions of Sec RSMo (2010), as amended; that certain tract of land, generally described below, are hereby vacated:

2 LEGAL DESCRIPTIONS Menards Richmond Heights, Mo. Aberdeen Avenue (AKA Stockard Avenue) Vacation EXHIBIT A A tract of land being all of Aberdeen Avenue (also known as Stockard Avenue) in Lincoln Terrace as recorded in Plat Book 22 Page 14, in Township 45 North, Range 6 East of the 5 th P.M., in the City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows: Commencing from the intersection of the east right-of-way line of Hanley Road with the north right-of-way line of West Bruno Avenue; thence along said north right-of-way line of West Bruno Avenue S E feet to the intersection of said north right-of-way line of West Bruno Avenue with the west right-of-way line of Aberdeen Avenue and being the point of beginning of the tract of land described herein; thence along said west right-of-way line of Aberdeen Avenue N E feet to the northwest corner of Aberdeen Avenue; thence along the north right-of-way line of Aberdeen Avenue S E feet to the northeast corner of Aberdeen Avenue; thence along the east right-of-way line of Aberdeen Avenue S W feet to the intersection of said east right-of-way line of Aberdeen Avenue with the north right-of-way line of West Bruno Avenue; thence along said north right-of-way line of West Bruno Avenue N W feet to the point of beginning, containing 0.85 acres more or less. Subject to any and all easements, restrictions, conditions, etc. of record. Menards Richmond Heights, Mo. Alabama Avenue Vacation EXHIBIT B A tract of land being all of Alabama Avenue in Lincoln Terrace as recorded in Plat Book 22 Page 14, in Township 45 North, Range 6 East of the 5 th P.M., in the City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows: Commencing from the intersection of the east right-of-way line of Hanley Road with the north right-of-way line of West Bruno Avenue; thence along said east right-of-way line of Hanley Road N W feet to a point; thence N W feet to a point; thence along a curve deflecting to the left having a radius of feet, an arc length of feet, a chord course of N W feet to the intersection of said east rightof-way line of Hanley Road with the south right-of-way line of Alabama Avenue and being the point of beginning of the tract of land described herein; thence continuing along said east right-of-way line of Hanley Road N W feet to the intersection of said east right-of-way line of Hanley Road with the north right-ofway line of Alabama Avenue; thence along said north right-of-way line of Alabama Avenue S E feet to the intersection of said north right-of-way line of Alabama Avenue with the west right-of-way line of Aberdeen Avenue; thence along said west right-of-way line of Aberdeen Avenue S W feet to the intersection of said west right-of-way line of Aberdeen Avenue with the south right-of-way line of Alabama Avenue; thence along said south right-of-way line of Alabama Avenue N W feet to a point; thence S W feet to the point of beginning, containing 0.61 acres more or less. Subject to any and all easements, restrictions, conditions, etc. of record.

3 Menards Richmond Heights, Mo. Booker Place Vacation EXHIBIT C A tract of land being part of Booker Place in Lincoln Terrace as recorded in Plat Book 22 Page 14, in Township 45 North, Range 6 East of the 5 th P.M., in the City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows: Commencing from the intersection of the east right-of-way line of Hanley Road with the north right-of-way line of West Bruno Avenue; thence N W feet to the intersection of the north right-of-way line of Alabama Avenue with the west right-of-way line of Booker Place and being the point of beginning of the tract of land described herein; thence along said west right-of-way line of Booker Place N E feet to the northwest corner of Booker Place; thence along the north right-of-way line of Booker Place S E feet to the northeast corner of Booker Place; thence along the east right-of-way line of Booker Place S W feet to the intersection of said east right-of-way line of Booker Place with the north right-of-way line of Alabama Avenue; thence along said north right-of-way line of Alabama Avenue N W feet to the point of beginning, containing 0.21 acres more or less. Subject to any and all easements, restrictions, conditions, etc. of record. Menards Richmond Heights, Mo. Jones Avenue Vacation EXHIBIT D A tract of land being part of Jones Avenue in Lincoln Terrace as recorded in Plat Book 22 Page 14, also being part of Lot 55 of Rannell s Home Farm Subdivision, in Township 45 North, Range 6 East of the 5 th P.M., in the City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows: Commencing from the intersection of the east right-of-way line of Hanley Road with the north right-of-way line of West Bruno Avenue; thence along said north right-of-way line of West Bruno Avenue S E feet to the intersection of said north right-of-way line of West Bruno Avenue with the west right-of-way line of Berkley Avenue; thence along said west right-of-way of Berkley Avenue N E feet to the intersection of said west right-of-way line of Berkley Avenue with the south right-of-way line of Jones Avenue and being the point of beginning of the tract of land described herein; thence along said south right-of-way line of Jones Avenue N W feet to the intersection of said south right-of-way line of Jones Avenue with the east right-ofway line of Aberdeen Avenue; thence along said east right-of-way line of Aberdeen Avenue N E feet to the intersection of said east right-of-way line of Aberdeen Avenue with the north right-of-way line of Jones Avenue; thence along said north right-of-way of Jones Avenue S E feet to a point; thence leaving said north right-of-way line of Jones Avenue S W feet to the point of beginning, containing 0.24 acres more or less. Subject to any and all easements, restrictions, conditions, etc. of record. Menards Richmond Heights, Mo. McKinley Avenue (AKA Banneker Avenue) Vacation EXHIBIT E A tract of land being all of McKinley Avenue (also known as Banneker Avenue) in Lincoln Terrace as recorded in Plat Book 22 Page 14, also being the 50 feet wide strip dedicated for public use in the Resubdivision of part of Lot 57 of the Rannell s Home Farm Subdivision recorded in Plat Book 199 Page 25, in Township 45 North, Range 6 East of the 5 th P.M., in the City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:

4 Commencing from the intersection of the east right-of-way line of Hanley Road with the north right-of-way line of West Bruno Avenue; thence along said north right-of-way line of West Bruno Avenue S E feet to the intersection of said north right-of-way line of West Bruno Avenue with the west right-of-way line of McKinley Avenue and being the point of beginning of the tract of land described herein; thence along said west right-of-way line of McKinley Avenue N E feet to the intersection of said west right-of-way line of McKinley Avenue with the south right-of-way line of Elinor Avenue; thence along said south right-of-way line of Elinor Avenue S E feet to the intersection of said south right-of-way line of Elinor Avenue with the east right-of-way line of McKinley Avenue; thence along said east right-of-way of McKinley Avenue S W feet to the intersection of said east right-of-way line of McKinley Avenue with the north right-of-way line of West Bruno Avenue; thence along said north right-of-way line of West Bruno Avenue N W feet to the point of beginning, containing 1.01 acres more or less. Subject to any and all easements, restrictions, conditions, etc. of record. SECTION 2. The vacation provided for in Section 1 above shall be effective immediately upon the occurrence of all the following conditions: 1. The City Attorney must approve as to form the indemnity and hold harmless clause, holding the City and its appointed officials harmless from any claims for damages resulting from said vacation. 2. Upon vacation, the City shall reserve for the benefit of any affected utility companies, if applicable, the right to operate and maintain utility easements, pursuant to existing easements, licenses or franchises. 3. The Petitioner shall have a new boundary plat and legal description prepared incorporating the vacated right-of-way into the parcel description. Boundary plat shall be approved by the City Council. 4. The requested vacation shall not be effective until the Zoning Administrator has received, from the Petitioner, a copy of the approved Site Plan boundary plat and vacation ordinance containing the book and page number as recorded by the St. Louis County Recorder of Deeds. 5. The vacation shall not take effect until the contiguous properties have been acquired along the various streets. SECTION 3. All ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. SECTION 4. This ordinance shall take effect and be in full force on the thirty-first day following its passage and being signed as provided by law. PASSED and SIGNED this 14th day of October, JAMES J. BECK MAYOR

5 ATTEST: PATRICIA S. VILLMER DEPUTY CITY CLERK APPROVED AS TO FORM: KENNETH J. HEINZ CITY ATTORNEY First reading: October 7, 2013 Second reading: October 14, 2013

6 Exhibit A (Stockard)

7 Exhibit B (Alabama)

8 Exhibit C (Booker Place)

9 Exhibit D (Jones Ave.)

10 Exhibit E (McKinley aka Banneker)