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HomeMy Public PortalAboutORD13866 BILL NO. SPONSOR: Councilman Dean Martin ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT-OF-WAY ON BERYL STREET, SUBJECT TO THE RETENTION OF EASEMENT RIGHTS WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the owners of land adjacent to and abutting upon 13(;ryl Street in the City, have petitioned the City Council to vacate a right-of-way; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue a portion of a right-of-way for public use as described in Section 1 of this Ordinance; and WHEREAS, it has further been shown that it Would not inconvenience the public or the citizens of the City to discontinue a portion of the right-of-way for public use as described in Section 1 of this Ordinance, subject to a reservation in the City of an easement in that portion vacated for the maintenance, repair, location and relocation of all sanitary sewer, surface water sevver or public utility facilities now existing or hereafter to be constructed within said right-of-way. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The Council of the City of Jefferson, Missouri, hereby declares it necessary, reasonable and proper to discontinue as a right-of-way and forever vacate the following described right-of-way in said City: A part of the Rose Valley Subdivision in the City of Jefferson, County of Cole as recorded in the Cole County Recorder's Office, being more particularly described as follows: All of the Beryl Street right-of-way lying south of Carol Street. Section 2. All of that portion of the above vacated property is hereby retained as a perpetual easement or right-of-way for the construction, maintenance, repair, relocation and operation of sanitary sewers, surface water drainage, and all public utility facilities,and no permanent buildings or structures shall be located within or upon said easement without the prior written consent of the City. etc ion 3. The statutory right of reversion in the owners of the abutting property is hereby confirmed, as is provided by the laws of the State of Missouri, and the Mayor and the Clerk of the City are hereby authorized to execute all necessary instruments required to confirm the reversionary rights of the owners of property abutting on the area vacated, as described in Section 1 of this ordinance, In the right-of-way vacated, subject to the easement retained in Section 2. Section 4. This Ordinance shall take effect and be in full force from and after its passage. PASSED G! '_�-�-� n"' ')Z*/ > APPROVE ?/ S` i Pre iding' Officer _! Mayor v ATTEST: APPROVED AS TO FORM: .ter C- City Cl6rk ity Counsebr 0/ / f+ City of Jefferson► -» \ John Mayo wehr FILED TO CORRECT ORDINANCE 13866 ERRONEOUSLY RECORDED AT BOOK 519, PAGE 194 ON MAY 10, 2005 STATE OF MISSOURI ) SS COUNTY OF COLE ) CERTIFICATE I, Phyllis Powell, City Clerk of the City of Jefferson, Missouri, hereby certify that the attached are true and accurate photocopies of the following record(s) of the City of Jefferson, Missouri: 1. Ordinance No. 13866, enacted by the City of Jefferson, Missouri on April 18, 2005, pages 1 through 2, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on May 31, 2005 S E A L of the City of Jefferson) ( %``' )�`" ( �� `Z"✓� Phyllis Powell, City Clerk No. 2005061107, Bk 520 Py 169 State of Missouri, Gale County RECORDED May 31, 2005 12:53:21 PM l.arr•y D. Rademan, Recorder of Deeds Fees $30.00 ti§ . Depu t y BILL NO. 2004-162 SPONSOR: Councilman Dean Martin ORDINANCE NO, IS 94--41 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT-OF-WAY ON BERYL STREET, SUBJECT TO THE RETENTION OF EASEMENT RIGHTS WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the owners of land adjacent to and abutting upon Beryl Street in the City, have petitioned the City Council to vacate a right-of-way; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue a portion of a right-of-way for public use as described in Section 1 of this Ordinance; and WHEREAS, it has further been shown that it would riot inconvenience the public or the citizens of the City to discontinue a portion of the right-of-way for public use as described in Section 1 of this Ordinance, subject to a reservation in the City of an ® easement in that portion vacated for the maintenance, repair, location and relocation of all sanitary sewer, surface water sewer or public utility facilities now existing or hereafter to be constructed within said right-of-way. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The Council of the City of Jefferson, Missouri, hereby declares it necessary, reasonable and proper to discontinue as a right-of-way and forever vacate the following described right-of-way in said City: A part of the Rose Valley Subdivision in the City of,Jefferson, County of Cole as recorded in the Cole County Recorder's Office, being more particularly described as follows: All of the Beryl Street right-of-way lying south of Carol Street. Section 2. All of that portion of the above vacated property is hereby retained as a perpetual easement or right-of-way for the construction, maintenance, repair, relocation and operation of sanitary sewers, surface water drainage, and all public utility facilities, and no permanent buildings or structures shall be located within or upon said easement without • the prior written consent of the City. Section 3. The statutory right of reversion in the owners of the abutting property is hereby confirmed, as is provided by the laws of the State of Missouri, and the Mayor and the Clerk of the City are hereby authorized to execute all necessary instruments required to confirm the reversionary rights of the owners of property abutting on the area vacated, as described in Section 1 of this ordinance, in the right-of-way vacated, subject to the easement retained in Section 2. Section 4. This Ordinance shall take effect and be in full force from and after Its passage. PASSED :I�IC�J l�' � l' L',) _ APPROVE ,o—/ zoo Pr v 'ding Officer Mayor �� 'ter ATTEST: APPROVED AS TO FORM: j ® City CI rk City —Co unse or •