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` BILL NO. 95-115
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SPONSOR: COUNCILMAN N AA KE
ORDINANCE NO. 12377
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7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE
12001 VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR A PORTION OF
MERCHANTS DRIVE, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF. t`
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WHEREAS, Ordinance 12001 was passed by Council on December 20, 1993, and
subsequently recorded by the Cole County Recorder of Deeds; and
WHEREAS, Ordinance 12001 contained an error in the legal description, and it is
necessary to repeal said Ordinance and enact a corrected ordinance in lieu theref; 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 Merchants Drive in the City, have
petitioned the City Council to vacate alley; and }
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WHEREAS, it has further been shown that it would not inconvenience the public or
X. the citizens of the City to discontinue a portion of the right-of-way of Merchants Drive 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:
a
Section . Ordinance 12001 passed by Council on December 20, 1993, is hereby
repealed.
Section 2. 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:
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A strip of land eighty (80) feet in width across part of the west
fractional half of Section 2, Township 44 North, Range 12 West, in
the City of Jefferson, County of Cole, Missouri; being more '
particularly described as follows:
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f' From the northwest comer of said Section 2; thence South 4
a degrees, 40 minutes East along the west line of said Section 2,
. 1,659.0 feet to the Northwest comer of a tract as described in
Book 256, page 911, of the Cole County Recorder's office; thence
leaving the west line of said Section 2, on a bearing of North 85
degrees, 13 minutes East and along the north line of said tract in
Book 256, Page 911, 470.7 feet to the northwest comer of a tract
of land conveyed to Palmer W. Scheperle and wife, as described
in Book 309, Page 793, of the Cole County Recorder's Office and
the point of beginning for this description; thence continuing North
85 degrees, 13 minutes East along the North line 135.22 feet;
thence leaving said north line on a bearing of North 4 degrees, 47
minutes West, 80.0 feet; thence South 85 degrees, 13 minutes
West and parallel to the North line of said Palmer W. Scheperle
tract in Book 309, Page 793, 135.22 feet; thence South 4 degrees,
' 40 minutes East, 80.0 feet to the point of beginning.
Containing 0.25 acres, more or less.
Section 3. All of that portion of the above vacated property is hereby retained as a
r 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 4. 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 area vacated, subject to the easement
retained in Section 2.
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` Section 5. This Ordinance shall take effect and be in full force from and after its
passage.
f *� Passed: December 4. 1995 Approved: Tae c.
Presiding Officer Mayor
ATTEST:
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° Duane Schreimann
MY of Jeffers®n ��►
Mayor
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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 is a true and accurate photocopy of Ordinance 12377, which was passed by the
City Council of the City of Jefferson, Missouri, on December 4, 1995, and which-is-.in full
' force and effect the date of this certification.
IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of
Jefferson, Missouri, on December 6, 1995.
Phyllis Powell, City Clerk ...
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STATE OF MISSOURI (S E A L of the City of Jeffersoh)?
COUNTY OF COLE : ::• '" Y:
RECORDED ON
95 DEC 18 fin 11 40
B00K ,, PAGE
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LARRY D. RADEMAN t. .
RrCOR,DER
�.O O 00d' o&s Nash,Deputy
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