AN ORDINANCE VACATING A PORTION OF THE ALLEY OF BLOCK 45 IN RICH HILL TOWN COMPANY’s FIRST ADDITION IN RICH HILL, MISSOURI.
WHEREAS, on or about August 22, 2017, Pete’s Corporation approached the Board of Alderman to vacate the alley to allow for the expansion of their business; and
WHEREAS, , the City of Rich Hill and Pete’s Corporation desire to enter into an agreement for vacating a portion of alley in exchange for concreting a portion of Olive Street, yet to retain necessary easements to continue to effectuate appropriate utility service to the citizens to the City of Rich Hill; and
WHEREAS, after proper notice was given, the Board of Aldermen held a public hearing to consider the Vacation Application and upon conclusion of the public hearing, the Board of Aldermen has determined that no damages are ascertainable by reason of such vacation and that such vacation serves a public purpose in the paving of this area benefits the health, safety, and general welfare of the citizens.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI AS FOLLOWS:
SECTION 1. That the following described portion of Block 45 in Rich Hill Town Company’s First Addition is hereby and herewith vacated:
That part of Block 45 in Rich Hill Town Company’s First Addition of Rich Hill, Bates County, Missouri, described as follows: commencing at the northwest corner of Lot 13 in said Block 45 for the point of beginning; thence north 20.00 feet to the southwest corner of Lot 4 in said Block 45; thence east 200.00 feet, more or less to the southeast corner of lot 1 in said Block 45; thence west 200.00 feet, more or less to the point of beginning.
SECTION 2. That the Mayor or his designee is authorized to enter into the necessary real estate contracts and accompanying documents to effectuate the vacation of the above described real property, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein.
SECTION 3. That the City Clerk is hereby authorized and directed to acknowledge a copy of this Ordinance and to record same in the Bates County Recorder of Deeds office.
SECTION 4. That should any section, sentence or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences, or clauses.
SECTION 5. That this ordinance shall take effect upon execution of the documents attached hereto as EXHIBIT A.
SECTION 6. That the City Clerk or her designee is hereby directed to cause the documents attached hereto as EXHIBIT A to be filed upon their execution at the office of the Bates County Recorder of Deeds.
Read the first time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 8th day of May, 2018.
Read the second time by title only and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri this 8th day of May, 2018.
Jason Rich, Mayor
Ayes: Kassner, Humble, Robb, Pilcher
_______________________ Nays: None
Brittany Schenker, City Clerk
[Real Estate Contract]