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Home My Public Portal AboutORD13491 BILL NO. 2002-124 SPONSORED BY COUNCILMAN/ Vincent ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING A PORTION OF DIX ROAD RIGHT-OF-WAY, DECLARING PORTIONS OF CITY OWNED PROPERTY AS SURPLUS PROPERTY AND TRADING SAID PARCELS FOR LAND NEEDED FOR PUBLIC PARK AND GREENWAY PURPOSES. WHEREAS,following the completion of the Dix Road extension project which rerouted the street, a portion of the former street right-of-way is no longer needed for public street purposes; and WHEREAS, a small portion of the property acquired for extension of Dix Road to Southwest Boulevard is not needed for street right-of-way; and WHEREAS, these two small adjacent parcels are uneconomic remnants of property not needed for public street purposes and constitute a liability and unnecessary financial burden upon the City and the public; and WHEREAS, the adjacent property owner, Mid-State Waste, Inc. is desirous of expanding and improving this remnant area between their office building and Dix Road to add parking for their customers and employees; and WHEREAS,the Planning and Zoning Commission, Parks and Recreation Commission and City Council have adopted a Pedestrian/Bicycle Greenway System Master Plan, a portion of which traverses Mid-State Waste, Inc. property west of Dix Road; and WHEREAS, Mid-State Waste, Inc. desires to cooperate with the City by trading properties to facilitate both their need for additional parking and the community's need to complete the Pedestrian/Bicycle Greenway Trail system for public transportation and recreation purposes. NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. That the City Council of the City of Jefferson, Missouri hereby declares it necessary, reasonable and proper to discontinue use of a portion of the original Dix Road right-of-way for public street purposes and forever vacate the following described right-of-way. Part of tract of 50 foot wide road right-of-way as described in Book 151 , Page 48, of the Cole County Recorder's Office, said right-of-way being situate in the Southwest Quarter of the Northwest Quarter of Section 12, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; being more Bill 2002-124 Page 1 particularly described as follows: ® h From the southwest corner of the Northwest Quarter of said Section 12, thence N08°00'16"E along the west line of said Section 12, said west line also being the west line of said 50 foot wide right-of-way as described in Book 151, Page 48, 434.71 feet, to the POINT OF BEGINNING for this description; thence continuing N08 0001 6"E, along said west line, 226.16 feet; thence leaving said west line on a bearing of S79 013'42"E, 4.25 feet; thence southeasterly, on a curve to the left having a radius of 260.00 feet, an arc distance of 107.41 feet (the chord of said curve being S17"23'59"E, 106.65 feet, to the east line of said 50 foot wide right-of-way; thence S08"00'1 6"W, along said east line, 124.64 feet; thence leaving said east line on a bearing of N87041'37"W, 50.25 feet, to the POINT OF BEGINNING. Containing in all, 8576 square feet, more or less. Section 2. That the City Council of the City of Jefferson, Missouri hereby deems it necessary, reasonable and proper to declare as surplus property a remnant parcel of land, acquired but not used for the new Dix Road right-of-way, described as follows. Part of tract of land as described in Book 308, Page 237, of the Cole County Recorder's Office, said tract being situate in the Southwest Quarter of the Northwest Quarter of Section 12, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; being more particularly described as follows: From the southwest corner of the Northwest Quarter of said Section 12; thence N08 0001 6"E along the west line of said Section 12, 434.71 feet thence leaving said west line on a bearing of S8741'37"E, 50.25 feet, to the east line of a 50 foot wide right-of-way as described in Book 151, Page 48, of the Cole County Recorder's Office, said east line also being the west line of the tract as described in said Book 308, Page 237, the POINT OF BEGINNING for this description; thence N08°00'16"E along said west line, 124.64 feet; thence southeasterly, on a curve to the left having a radius of 260.00 feet, an arc distance of 192.09 feet(the chord of said curve being S50°23'58"E, 187.75 feet; thence S70"16'22"W, 27.36 feet; thence N87 041'37"W, 136.38 feet, to the POINT OF BEGINNING. Containing in all, 8455 square feet, more or less. Section 3. That the parcels described in Sections 1 and 2 above shall be traded to Mid- State Waste, Inc. in exchange for transfer of ownership to the City of Jefferson Parks and Recreation Commission for public park and greenway purposes the following described parcel. A strip of land being part of a tract of land described in Book 272, page 560 of the Cale County Recorder's Office, said tract being located in the southeast quarter of the Northeast Quarter of Section 11 , Township 44 North, Range 12 West, city of Jefferson, Cole County, Missouri, and said strip of land being further described as follows: • Commencing at the SE corner of said NE Quarter of Section 11; thence N 04° 18' 1" W, along the east line of said Quarter Section, 498.08 feet to the NE corner of the "Replat of primrose Valley estates, Sec. 4", per Plat Book#11, page 322 of the Cole County Recorder's Office, on the northern bank of Wears Creek, and the point of "Beginning" for this description; thence southwesterly along the northern bank of Wears Creek, (and also being the norther line of the "Replat of Primrose Valley Estates, Sec.4"), S 47° 54' 34"W, 197.37 feet to the SE corner of a tract per Book 263, page 138; thence leaving said creek bank, N 04 017' 42" W, along the common line between the two above mentioned tracts, 52.91 feet; thence leaving said common line in a northeastern direction on the following courses, N 530 33' 03" E, 156.88 feet; thence on a curve to the right having a radius of 122.50 feet, an arc length of 17.22 feet, and a chord of N 570 34' 37" E, 17.20 feet; thence N 61 36' 10" E, 8.68 feet to the east line of said tract per Book 272, Page 560, also being the Section Line; thence S 040 18' 11" E, along said east line, 27.09 feet to the point of"Beginning", containing 0.148 acres, (6,439 sq. ft.), subject to easements and restrictions of record. Bearings are relative to record north per said "Replat of Primrose Valley Estates, Sec. 4" Section 4. That all parcels involved in this trade are subject to the retention of easement rights for the installation, maintenance, and operation of utilities, both public and privately owned, including,but not limited to sanitary sewers, storm sewers, natural gas mains, potable water mains, electric lines, street lights, telephone lines, cable television lines, and fiber optic lines. Section 5. That the Mayor and Clerk are hereby authorized to execute any documents necessary to carry out the intent of this ordinance. Section 6. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Y }r Approved: / Z lwlm resi ing Officer May r ATTEST: APPROVED AS TO FORM: 'City Clerk z�— City Cdunselor� Bin 2002-124 Page 3 1 � 1\ City of Jefferson w John Mandwehr i 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: Ordinance 13491,enacted by the City of Jefferson,Missouri on January 21, 2003, pages 1 through 3, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on November 3, 2003 (S E A L of the City of Jefferson) Phyllis Powell, City Clerk No. 200322210, 9k x+94 Pg 561 State of Missouri, Cole County RECORDED Nov 4, 2003 2:19:12 PM Larry D. Rademan, Recorder of Deeds ttr rrs", Crr' Fees $33.00 SEAL J Deputy,