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HomeMy Public PortalAboutORD10377 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. 1637 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A PUBLIC ALLEY. WHEREAS, it has been shown to the City Council of the City of Jefferson, Missouri, that the owner of land adjacent to and abutting upon the north-south alley between Greenwood Drive and the northerly line of Walinko Place Subdivision in the City, has petitioned the City Council to vacate right-of-way as a public alley; and, WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue as a right-of-way for a public alley such alley 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Aft Section 1. The City Council of the City of Jefferson, hereby declares it necessary, reasonable and proper to discontinue as a right-of-way for a public alley and forever vacate the following described alley in said City, subject to the reservation in the City of the easement mentioned in Section 2 of this Ordinance: A strip of land 30 feet wide as shown on the plat of Walinko Place Subdivision along the easterly boundary thereof as per plat of record in Plat Book 2, Page 59, Cole County Recorder's Office, said 30 foot strip being more particularly described as follows : Beginning at a point on the east side of said Walinko Place Subdivision where the northerly line of Greenwood Drive extended westerly would intersect the easterly line of Lot 12 of said Walinko Place Subdivision; thence N 90 30 ' E, along the east line of Lot Nos. 12 thru 24, and along the easterly line of the tract shown Reserved, to the northeast corner of the Reserved Tract; thence N 860 30' E, 30 feet to the easterly line of said 30 foot strip; thence S 90 30' W, along the easterly line of said 30 foot strip, to the north line of Greenwood Drive; thence southwesterly to the point of beginning. 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 existing sanitary sewers, existing surface water drainage, and all existing 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, subject to the easement expressly reserved in Section 2 of this Ordinance, 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. Section 4. This Ordinance shall be in full force and effect frp, and after its passage and approval. Passed -=� OJr Approved Pr siding Off is r Mayor ATTEST: City Clerk BILL NO. SPONSORED BY COUNCILMAN �o ORDINANCE NO. 1()3;7 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF A PUBLIC ALLEY. WHEREAS,, it has- been shown to the City Council of the City of Jefferson, Missouri, that the owner of land adjacent to and abutting upon the north-south alley between Greenwood Drive and the northerly line of Walinko Place Subdivision in the City, has petitioned the City Council to vacate right-of-way as a public alley; and, WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue as a right-of-way for a public alley such alley 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. The City Council of the City of Jefferson, hereby declares it necessary, reasonable and proper to discontinue as a right-of-way for ,,a., public alley and forever vacate the following described alley in said City, subject to the reservation in the City of the easement mentioned in Section 2 of -this Ordinance: A strip of land 30 feet wide as shown on the plat of Walinko Place Subdilision along the easterly boundary thereof as per plat of record in Plat Book 2, Page 59, Cole County Recorder's Office, said 30 foot strip being more particularly described as follows : Beginning at a point- on the east side of said Walinko Place Subdivision where the northerly line of Greenwood Drive extended westerly would intersect the easterly line of Lot 12 of said Walinko Place Subdivision; thence N 9° 30 ' E, along the east line of Lot Nos . 12 thru 24 , and along the easterly line of the tract shown Reserved, to the northeast corner of the Reserved Tract; thence N 860 30 ' E, 30 feet to the easterly line of said 30 foot strip; thence S 9° 30 ' W, along the easterly line of said 30 foot strip, to the north line of Greenwood Drive; thence southwesterly to the point of beginning. 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 existing sanitary sewers , existing surface water drainage, and all existing 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, subject to the easement expressly reserved in Section 2 of this Ordinance, 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. Section 4 . This Ordinance shall be in full force and effect frp, and after its passage and approval. vv Passed _5-Z1 8-5 Approved Al / - Pros iding Officer / / Mayor L% George HartsfielR George HaJfield ATTEST: I do herebycfe ay�f �_'�"�'���`• rK'tVI '? s " 'c�� ;„ this is a tru;Es City Clerk photocopy. N© ' ga1__.,., s0 ti.. Phyllis Powell Ordinance :N;-:? 3�'z;_ � T/ + n 3= °; t passed o { consists Phyllig Powell, City Clerk Sis,caiand sworn to before me this T� day of �, ••� $+�;;�' }. AL _�J NOTARY PUBLIC STATE OF MISSOURISUE UTTER®AON COUNTY-OF COLE �. SS. `1317 NOTARY PUBLIC STATE OF KIISSOOK BOOPEr CO. Filed for record$day of =Mach 19 $5 AY COMMISSION EX;71swS JAN 23,1980 at_. ,0'alock and.-", Mimites�M.; 5 �� recorded In,Book 2�•Page- -`90. Pd DAVID R. EWSA!!A RE . . .............DEPUTY L cille A. iet '�