File #: 4379    Version: 0 Name: Old Lexington Road
Type: Ordinance Status: Passed
File created: 1/3/2012 In control: Land Use Committee
On agenda: 1/3/2012 Final action: 1/30/2012
Title: AN ORDINANCE vacating a portion of Old Lexington Road due to the proposed closing of an at-grade crossing by the Union Pacific Railroad.
Indexes: OLD LEXINGTON ROAD, UNION PACIFIC RAILROAD
Attachments: 1. 4379adopt.pdf
      IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
 
 
Title
AN ORDINANCE vacating a portion of Old Lexington Road due to the proposed closing of an at-grade crossing by the Union Pacific Railroad.
 
 
Intro
ORDINANCE #4379, January 3, 2012
                                          
 
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
 
Section 1.  Pursuant to the Unified Development Code of Jackson County, section 24003.24, Jackson County Code, 1984, a portion of Old Lexington Road located one-half mile from O'Donnell Road east to a point one-fourth mile west of Holly Road, is hereby vacated, said tract being specifically described as follows:
 
 
Description:  Commencing at the Southwest corner of the East half of the Southwest quarter of Section 13, Township, 50, Range 30, in Jackson County, Missouri; thence along the South line of said Southwest quarter of said Section 13, South 88 degrees,  37 minutes, 31 seconds East, a distance of 477.56 to the Southerly line of the Missouri Pacific Railroad right of way and the True Point of Beginning; Thence along said railroad right of way, North 78 degrees, 41 minutes, 12 seconds East 83.34 feet to the point of intersection with the Northerly right of way line Old Lexington Road and the Southerly right of way of said railroad; thence along said road right of way, North 90 degrees, 00 minutes, 00 seconds East, a distance of 96.23 feet; thence South 89 degrees, 25 minutes, 08 seconds East, a distance of 176.06 feet; thence North 88 degrees, 07 minutes, 32 seconds East, a distance of 289.80 feet; thence North 89 degrees, 30 minutes, 10 seconds East, a distance of 103.02 feet; thence South 82 degrees, 18 minutes, 27 seconds East, a distance of 75.05 feet; thence South 73 degrees, 47 minutes, 03 seconds East, a distance of 252.37 feet; thence South 75 degrees, 45 minutes, 26 seconds East, a distance of 106.56 feet; thence  South 83 degrees, 21 minutes, 12 seconds East, a distance of 110.73 feet; thence South 86 degrees, 56 minutes, 30 seconds East, a distance of 117.18 feet; thence South 87 degrees, 08 minutes, 49 seconds East, a distance of 133.89 feet; thence South 88 degrees, 52 minutes, 58 seconds East, a distance of 276.57 feet; thence North 86 degrees, 40 minutes, 08 seconds East, a distance of 104.39 feet; thence North 85 degrees, 59 minutes, 00 seconds East, a distance of 120.56 feet; thence leaving said Northerly right of way of said road, South 03 degrees, 04 minutes, 07 seconds West, a distance of 40.30 feet to the South right of way line of said road; thence along said road right of way, thence South 85 degrees, 59 minutes, 00 seconds West, a distance of 115.83 feet; thence South 86 degrees, 40 minutes, 08 seconds West, a distance of 106.18 feet; thence North 88 degrees, 52 minutes, 58 seconds West, a distance of 278.73 feet; thence North 87 degrees, 08 minutes, 46 seconds West, a distance of 134.56 feet; thence North 86 degrees, 56 minutes, 30 seconds West, a distance of 118.51 feet; thence North 83 degrees, 21 minutes, 12 seconds West, a distance of 114.64 feet; thence North 75 degrees, 45 minutes, 26 seconds West, a distance of 109.91 feet; thence North 73 degrees, 47 minutes, 03 seconds West, a distance of 250.08 feet; thence North 82 degrees, 18 minutes, 27 seconds West, a distance of 69.21 feet; thence South 89 degrees, 30 minutes, 10 seconds West, a distance of 99.67 feet, thence South 88 degrees, 07 minutes, 32 seconds West, a distance of  290.18 feet; thence North 89 degrees, 25 minutes, 08 seconds West, a distance of 176.71 feet; thence North 90 degrees, 00 minutes, 00 seconds West, a distance of 168.53 feet to the intersection of the South right of way of Old Lexington Road and the Southerly right of way line of said railroad, thence North 78 degrees, 41 minutes, 12 seconds East, a distance of 106.63; thence North 88 degrees, 37 minutes, 31 seconds West, a distance of 113.81 feet to the True Point of Beginning.
 
 
Beginning at the Southwest corner of the East half of the Southwest quarter of Section 13, Township, 50, Range 30, in Jackson County, Missouri; thence along the West line of said East half, North 03 degrees, 07 minutes, 39 seconds East along said West line also being the West line of the MBT, LLC tract of land as describes in Document I0045364 in Book I-2871 at Page 684, a distance of 19.85 feet to the North right of way line of Old Lexington Road; thence along said North right of way of said road, North 89 degrees, 02 minutes, 28 seconds East, a distance of 303.61 feet; thence South 82 degrees, 43 minutes, 22 seconds East, a distance of 61.32 feet to the Northerly line of the Missouri Pacific Railroad right of way; thence along said right of way, South 78 degrees, 41 minutes, 12 seconds West 117.93 feet to the intersection of the North right of way of said railroad and the South line of the East half of said Section 13; thence along said South line, North 88 degrees, 37 minutes, 31 seconds West , a distance of 249.92 to True Point of Beginning.
 
 
 
 
 
 
Section 2.  The Legislature, pursuant to the application of the Public Works Department in conjunction with the Missouri Highways and Transportation Commission and the Union Pacific Railroad Company (LA-2011-025), requesting the vacation embodied in this Ordinance and with notice that the Jackson County Plan Commission voted 8 to 0 to recommended APPROVAL of this application at a public hearing on November 17, 2011, does adopt this Ordinance pursuant to the Jackson County Charter authorizing the Legislature to exercise legislative power pertaining to planning and zoning.
 
 
Enacted and Approved
 
Effective Date:  This Ordinance shall be effective immediately upon its signature by the County Executive.
 
APPROVED AS TO FORM:
 
 
____________________________            _______________________________
Chief Deputy County Counselor                  County Counselor
 
 
      I hereby certify that the attached Ordinance, Ordinance #4379 introduced on January 3, 2012, was duly passed on January 30, 2012 by the Jackson County Legislature.  The votes thereon were as follows:
 
 
      Yeas _______9________            Nays ______0________
 
      Abstaining ______0_____            Absent ______0______
 
 
This Ordinance is hereby transmitted to the County Executive for his signature.
 
 
________________________            ________________________________
Date                                    Mary Jo Spino, Clerk of Legislature
 
 
I hereby approve the attached Ordinance #4379.
                                                
 
_______________________            ________________________________
Date                                    Michael D. Sanders, County Executive