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HomeMy Public PortalAboutORD13443 BILL NO, 2002-75 SPONSOR: Councilmen Groner, Angle, Weber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A RIGHT-OF-WAY ON A PORTION OF SOUTH COUNTRY CLUB DRIVE. WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the owners of land adjacent to and abutting upon a right-of-way in the City, have petitioned the City Council to vacate 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 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: Part of the right-of-way of Old Lohman Road as situate in part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; being more particularly described as follows: From the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 17; thence S01°13'18"W, along the east line of said quarter quarter section, 56.14 feet to the northwest corner of a tract as described in Book 142, Page 137, of the Cole County Recorder's Office, said corner also being in the approximate center of South Country Club Drive; thence southwesterly along the northerly and westerly lines of said tract in Book 142, Page 137, said lines being in the approximate center of South Country Club Drive the following courses: S63°06'09"W, 213.47 feet; S36"32'40"W, 190.21 feet to the intersection of the center of said South Country Club Drive with the north line of the present Old Lohman Road, said line being thirty (30) feet north of and parallel to the center of Old Lohman Road, a county road, as referenced as a 2,19 acre easement for right- Bill 2002-75 r'ngn 1 of-way in Book 237, Page 420, of the Cole County Recorder's Office; thence N87 032'13"W, along the north line of Old Lohman Road, 70.80 feet to a point 40 feet left of centerline Station 55+91.31 of the South Country Club Drive Improvements, City of Jefferson Project No. 32031, the POINT OF BEGINNING for this description; thence continuing N87"32'1 3"W, along said north line, 246.31 feet, to a point 40 feet right of centerline Station 2+34.93 of the proposed Old Lohman Road Improvements, as per the said City of Jefferson Project No. 32031; thence leaving said north line in a southeasterly direction on a curve to the right having a radius of 421.97 feet, an arc distance of 142.26 feet, the chord of said curve being S63 050'12"W, 141.58 feet, to a point 40 feet right of centerline P.C. Station 1+06.16 of said proposed Old Lohman Road Improvements; thence N35049'1 6"E, 45.00 feet, to a point 85 feet right of centerline P.C. Station 1+06.16 of said proposed Old Lohman Road Improvements; thence S75 010'04"E, 70.86 feet, to a point 40 feet left of centerline Station 55+50.00 of the aforementioned South Country Club Drive Improvements, City of Jefferson Project No. 32031; thence N35"49'1 6"E, along a line 40 feet west of and parallel to the centerline of the proposed South Country Club Drive Improvements,41.31 feet to the POINT OF BEGINNING. Containing in all, 0.14 acres, more or less. 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. r� /l�� '� ''l , PASSED APPROVED ` Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Cou WbI " NII 2002.79 Page 2 Of ! 10't Thomas A Rackers Y•� A, .n City of Jefferson ' '`� 9 Mayor ,I P y71 6bo STATE OF MISSOURI } SS COUNTY OF COLE ) � � CERTIFICATE ���• J 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: Ordinance 13443,enacted by the City of Jefferson,Missouri on 9-16-2002, pages 1 through 2, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on December 3, 2002 A � j41 t e son(S E A i_of the Clty of Je f r ) Phyllis Powell, City Clerk