HomeMy Public PortalAboutORD13686 BILL NO. 2003-172
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SPONSORED BY COUNCILMAN Councilman Groner
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING RIGHT-OF-WAY FOR A PORTION OF HOFFMAN DRIVE, AND
CERTAIN UTILITY EASEMENTS FOR A PORTION OF THE IVENS ADDITION SECTION
2.
WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the
owners of land adjacent to and abutting upon Hoffman Drive 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 the right-of-way of Hoffman
Drive for public use as described in Section 1 of this Ordinance; and
WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the
owners of land adjacent to and abutting upon parts of Ivens Addition, Section
2, in the City, have petitioned the City Council to vacate general utility
easements; and
WHEREAS, it has further been shown that it would not inconvenience the public or the
citizens of the City to discontinue general utility easements upon portions of
Ivens Addition, Section 2, for public use as described in Section 4 of this
Ordinance.
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 a portion of Hoffman
Drive and forever vacate the following described right-of-way in said City:
EXISTING RIGHT-OF-WAY, HOFFMAN DRIVE
Part of an existing Right-of-Way in IVENS ADDITION, SECTION 2, as per plat
of record in Plat Book 10, Page 58, Cole County Recorder's Office, being part
of the Northwest Fractional Quarter of Section 30, Township 44 North, Range
11 West, in the City of Jefferson, Cole County, Missouri, more particularly
described as follows.
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From the Southwest corner of Lot 32 of IVENS ADDITION, SECTION 2, as per
plat of record in Plat Book 10, Page 58, Cole County Recorder's Office, also
being a point on the Northerly Right-of-Way line of I IOFFMAN DRIVE; thence
S57"01'01"E, along said Right-of-Way line, 28.38 feet to the POINT OF
BEGINNING; thence Easterly, along said Right-of-Way line on a curve to tyre
left, having a radius of 139.47 feet, an arc distance of 169.77 feet (Chord:
N88 006'42"E, 159.48 feet); thence continuing along said Right-of-Way line the
following courses: N53"1 4'24"E, 110.01 feet; thence N36 045'36"W, 149.37 feet
to a point on the Northerly Boundary line of IVENS ADDITION, SECTION 2, as
per plat of record in Plat Book 10, Page 58, Cole County Recorder's Office;
thence along the Northerly boundary line of said subdivision, N53"14'33"E,
60.00 feet; thence S36"45'36"E, along the Easterly Boundary line of said
subdivision, 372.01 feet to the most Easterly corner of said IVENS ADDITION,
SECTION 2; thence S54"08'28"W, along the Southerly Boundary line of said
subdivision, 60.01 feet; thence leaving the Southerly Boundary line of said
subdivision along said Right-of-Way line, N36"45'36"W, 161.70 feet; thence
continuing along the Right-of-Way line the following courses: S53"14'24"W,
110.01 feet; thence on a curve to the right, having a radius of 199.47 feet, an
arc distance of 242.80 feet (Chord: S88"06'41 "W, 228.09 feet); thence
N32 058'59"E, 60.00 feet to the POINT OF BEGINNING.
Section 2. The statutory right of reversion in the owners of the abutting properly 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 alley right-of-way vacated.
Section 3. The Mayor and City Clerk are hereby authorized to execute any
necessary legal document relinquishing all of the City's interest in the tract of ground
described in Section 1 .
Section 4. The easements described in Section 3 are hereby relinquished, and the
City does hereby release and abandon whatever interest it has in the easements,
EXISTING UTILITY EASEMENTS
The existing 10' utility easements in IVENS ADDITION, SECTION 2, as per plat
of record in Plat Book '10, Page 58, Cole County Recorder's Office, being part
of the Northwest Fractional Quarter of Section 30, Township 44 North, Range
'11 West, in the City of Jefferson, Cole County, Missouri, rnore particularly
described as follows:
The most Easterly and Westerly 10 feet of Lots 30, 31, 32, 33, 34, 35, 36, 37,
38 and 39 of IVENS ADDITION, SECTION 2, as per plat of record in Plat Book
10, Page 58, Cole County Recorder's Office.
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EXISTING 10' UTILITY EASEMENT
The existing 10' utility easement In IVENS ADDITION, SECTION 2, as per plat
of record in Plat Book 10, Page 58, Cole County Recorder's Office, being part
of the Northwest Fractional Quarter of Section 30, Township 44 North, Range
11 West, in the City of Jefferson, Cole County, Missouri, more particularly
described as follows:
From the Southwest corner of Lot 39 of IVENS ADDITION, SECTION 2, as per
plat of record in Plat Book 10, Page 58, Cole County Recorder's Office; thence
N32 058'59"E along the West line of said Lot 39, 86.95 feet to the POINT OF
BEGINNING; thence continuing along said West line of Lot 39, N32"58'59"E,
10.19 feet; thence leaving the West line of said Lot 39, S67'59'43"E, 211 .37
feet;thence S52°41'21"E, 150.91 feet;thence S87"32'54"E, 147.79 feet;thence
N 14"21'23"W, 128.60 feet; thence N55"30'1 1"W, 58.87 feet to a point on the
Southerly Right-of-Way line of HOFFMAN DRIVE; thence Easterly along said
Right-of-Way line on a curve to the left, having a radius of 199.47 feet, an arc
distance of 16.07 feet, (Chord: N86°00'04"E, 16.07 feet); thence leaving the
Southerly Right-of-Way line of HOFFMAN DRIVE S55"30'11"E, 42.45 feet;
thence N37 057'11"E, 57.74 feet, to a point on the Southerly Right-of..Way line
of HOFFMAN DRIVE; thence Easterly along said Right-of-Way line on a curve
to the left, having a radius of 199.47 feet, an arc distance of 28.84 feet, (Chord:
N58 015'34"E, 28.82 feet); thence leaving the Southerly Right-of-Way line of
HOFFMAN DRIVE S37°57'11"W, 86.17 feet; thence S1 4"21'23"E, 142.77 feet;
thence N87°32'54"W, 164.39 feet; thence N52°41'21"W, 147.06 feet; thence
S23 058'40"W, 122.06 feet, to a point on the Southerly Boundary line of IVENS
ADDITION, SECTION 2, as per plat of record in Plat Book 10, Page 58, Cole
County Recorder's Office; thence along the Southerly Boundary line of said
subdivision, N58 034'33"W, 10.09 feet; thence leaving the Southerly Boundary
line of said subdivision, N23 1)58'40"E, 121.90 feet; thence N67"59'43"W, 207.46
feet to the POINT OF BEGINNING.
EXISTING 15' UTILITY EASEMENT
The existing 15' utility easement in IVENS ADDITION, SECTION 2, as per plat
of record in Plat Book 10, Page 58, Cole County Recorder's Office, being part
of the Northwest Fractional Quailer of Section 30, Township 44 North, and
Range 11 West, in the City of Jefferson, Cole County, Missouri, more
particularly described as follows:
From the Southwest corner of Lot 32 of IVENS ADDITION, SECTION 2, as per
plat of record in Plat Book 10, Page 58, Cole County Recorder's Office, also
being a point on the Northerly Right-of-Way line of HOFFMAN DRIVE; thence
S57°01'01"E, along said Right-of-Way line, 28.38 feet to the POINT OF
BEGINNING; thence Easterly along said Right-of-Way line on a curve to the
left, having a radius of 139.47 feet, an arc distance of 169.77 feet (Chord:
N88 006'42"E, 159.48 feet); thence continuing along said Right-of-Way line the
Bill 2003-17:
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following courses: N53 014'24"E, 110.01 feet; thence N36"45'36"W, 149.37 feet
to a point on the Northerly Boundary line of IVENS ADDITION, SECTION 2, as
per plat of record in Plat Book 10, Page 58, Cole County Recorder's Office;
thence leaving said Right-of-Way line S53 14'33"W, along the Northerly
Boundary line of said subdivision, 15.00 feet; thence leaving the Northerly
Boundary line of said subdivision, S36"45'36"E, 134.37 feet; thence
S53"14'24"W, 95.01 feet; thence on a curve to the right, having a radius of
124.47 feet; an arc distance of 151 .51 feet (Chord: S88 006'42"W, 142.33 feet);
thence S32°58'59"W, 15.00 feet to the POINT OF BEGINNING.
EXISTING 15' UTILITY EASEMENT
The existing 15 utility easement in IVENS ADDITION, SECTION 2, as per plat
of record in Plat Book 10, Page 58, Cole County Recorder's Office, being part
of the Northwest Fractional Quarter of Section 30, Township 44 North, Range
11 West, in the City of Jefferson, Cole County, Missouri, more particularly
described as follows:
From the Northwest corner of Lot 37 of IVENS ADDITION, SECTION 2, as per
plat of record in Plat Book 10, Page 58, Cole County Recorder's Office, also
being a point on the Southerly Right-of-Way line of HOFFMAN DRIVE; thence
S57°01'01"E, 10.59 feet to the POINT OF BEGINNING; thence on curve to the
left, having a radius of 199.47 feet, an arc distance of 242.80 feet (Chord
N88°06'41"W, 228.09 feet); thence continuing along said Right-of-Way line,
N531 424"E, 110.01 feet; thence S36 045'36"E, 161.70 feet to a point on the
Southerly Boundary line of IVENS ADDITION, SECTION 2, as per plat of
record in Plat Book 10, Page 58, Cole County Recorder's Office; thence
S531 4'24"W,along the Southerly Boundary line of said subdivision, 15.00 feet;
thence leaving the Southerly Boundary line of said subdivision, N36045'36"W,
146.70 feet; thence S53 014'24"W, 95.01 feet; thence on a curve to the right,
having a radius of 214.47 feet, an arc distance of 261 .06 feet (Chord:
S88 006'41"W, 245.24 feet); thence N32"58'59"E, 15.00 feet to the POINT OF
BEGINNING.
EXISTING 15' STORM WATER EASEMENT
A part of an Existing storrn water easement, first described in Book 382, Page
333, Cole County Recorder's Office; more particularly, a 15' strip of land being
part of Lots 38 and 39 of IVENS ADDITION, SECTION 2, as per plat of record
in Plat Book 10, Page 58, Cole County Recorder's Office, being part of the
Northwest Fractional Quarter of Section 30, Township 44 North, Range 11
West, in the City of Jefferson, Cole County, Missouri, the centerline of said 15'
strip being more particularly described as follows:
From the Northwest corner of Lot 38 of IVENS ADDITION, SECTION 2, as per
plat of record in Plat Book 10, Page 58, Cole County Recorder's Office; thence
13012003-172
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N57°01'01"W, along the Northerly line of said Lot 39, 9.48 feet to the POINT OF
BEGINNING for this centerline description; thence 52119'20"W, 118.72 feet
to the POINT OF TERMINATION.
ALSO: A part of an existing storm water easement, second described in Book
382, Page 333, Cole County Recorder's Office; more particularly, a 15' strip of
land being part of Lots 30 and 31 of IVENS ADDITION, SECTION 2, as per plat
of record in Plat Book 10, Page 58, Cole County Recorder's Office, being part
of the Northwest Fractional Quarter of Section 30, Township 44 North, Range
11 West, in the City of Jefferson, Cole County, Missouri, the centerline of said
15' strip being more particularly described as follows:
From the Southeasterly corner of said Lot 30 of IVENS ADDITION, SECTION
2, as per plat of record in Plat Book 10, Page 58, Cole County Recorder's
Office; thence 557"01'01"E, along the Southerly line of Lot 31 , 3.64 feet to the
POINT OF BEGINNING for this centerline description; thence N21"27'04"E,
91 .40 feet to the POINT OF TERMINATION.
EXISTING 15' SANITARY SEWER EASEMENT
The existing 15' sanitary sewer easement lying 7.5 feet either side of the
following described centerline in IVENS ADDITION, SECTION 2, as per plat of
record in Plat Book 10, Page 58, Cole County Recorder's Office, being part of
the Northwest Fractional Quarter of Section 30, Township 44 North, Range 11
West, in the City of Jefferson. Cole County, Missouri, more particularly
described as follows:
BEGINNING at the northeast corner of Lot 38 of IVENS ADDITION, SECTION
2, as per plat of record in Plat Book 10, Page 58, Cale County Recorder's
Office; thence S32 058'59"W, along the east line of said Lot 38, 75.0 feet;
thence N78°42'48"W, 38.44 feet to the POINT OF TERMINATION.
Section 5. 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 4 of this ordinance, in the utility easements vacated.
Section 6. The Mayor and City Clerk are hereby authorized to execute any
necessary legal document relinquishing all of the City's interest in the tract of ground
described in Section 4.
• Bill 2003.172
f'�yo 5
Section 7, This Ordinance shall take effect and be in full force from and after its
passage.
Passed: Approved;
Presiding Officer ��'' Mayor
ATTEST: APP OVED AS TO FORM;
City C er City Counselor
Bill 2009.172
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STATE OF MISSOURI )
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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 13686,enacted by the City of Jefferson, Missouri on
March 1, 2004, pages 1 through 6, with I page of pertinent
attachments, for a total of 7 pages inclusive.
IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of
Jefferson, Missouri, on March 10, 2004
IS E A L of the City of Jefferson) , (
Phyllis f owell, City Clerk
No. ?001107806, Bk 500 Pg 915
State of Mi;SUUri, Cole County
RECORDED Mar 30, 20011 8:31:24 AM
Larry D.. Rademan, Recorder of Deeds
+n aF%,r• C;� Y f r s $115.00
Deputy