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HomeMy Public PortalAboutORD10474 BILL NO. 85- 77 SPONSORED BY COUNCILMAN 61ii. tp ORDINANCE NO. -10,q 7-q AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , VACATING AND DISCONTINUING A PORTION OF A PUBLIC STREET. 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 Lolanda Avenue, a 60-foot wide right-of-way of Southwood Hills Addition, in the City, has petitioned the City Council to vacate right-of-way as a public street; 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 street such street 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 street and forever vacate the following described street in said City, subject to the reservation in the City of the easement mentioned in Section 2 of this Ordinance: All that part of Lolanda Avenue, a 60-foot wide right-of-way of Southwood Hills Addition, in the City of Jefferson, County of Cole, Missouri, as per plat of record in Plat Book 4 , page 70, Cole County Recorder's Office and being more particularly described as follows: Being all that part of Lolanda Avenue, a 60-foot wide right- of-way, lying south of Lot Nos. 71 and 72 and lying north of Lot No. 70 and bordered on the west by Tract C and on the east by Tanner Bridge Road right-of-way, all part of Southwood Hills Addition described above. 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, subject to the easement expressly reserved in Section 2 of this Ordinance, as is Am 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 Approved Z Pre iding Officor Mayor ATTEST: City Clerk BILL NO.' O. - 7 7 . SPONSORED BY COUNGLLMAN. ORDINANCE NO.:. Q C� AW -ORDINANCE OF -THS--CITY' OF JEFFERSON MISSOURI; VACATING. AND DISCONTINUING.' A- PORTION OF A P_UBL.IC STREET.. WHEREAS, it has-- been shown, to the -City ,-Council of the City of -JeTferson.; Missouri, ., --that- the owner. ,of land adjacent to and abutting - upon Lolanda- -Avenue, a 60-foot' :wide- ,right-of-way of Southwood - Hills Addition,_ in, the. City, - has:--.petitione.d the City Council .to- vacate ,right-of.-way- as a -public street; 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 street such, street 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 street and forever .-vacate,the following , described street in said City, subject to ,the reservation in the City of the easement mentioned in Section 2 of this Ordinance: All` that part of Lolanda Avenue, - a 60-foot wide- right-of-way . of Southwood Hills Addition, in the . City of Jefferson, County of Cole,. Missouri, as per plat of record-' in Plat Book , 4, page 70, - Cole County Recorder' s. Office and being more particularly .described as follows : Being all that part of Lolanda Avenue, a .6.0"=foot wide right= of-way, lying south of. Lot Nos . 71 and -72 and lying north -of Lot No. 70 and bordered on the- west by Tract 'C -and on. ,.the east, by Tanner Bridge Road right-of-w_ay, all part of Southwood Hills Addition described above. 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 nopermanent buildings or __.structures shall be located within or upon -said easement -without the prior written- consent of the City. Al Section 3 . The statutory right of reversion in. the owners of the abutting property is hereby confirmed, subject t.o - 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 from and after its passage and approval. -P_ass.ed" - 0 J�% Approved 0 - Z 45 Pre iding Offickr Mayor Geo ge Hartsfield G orge Hartsf eld ATTEST: SZ ©j I do hereby certify/ ' a � pis .,a true and correct Yi.ot co, o �.,oi final t Ordinance No. 104 =Cdu' cil City Clerk o.n 8-19-85, and w lic-h-.eon`s �'sts bf Phyllis Powell two ( 2 ) pages . .y zd 1 • C.�v✓J :fir '.:: .'t•' +•tyFj,,C��,r,,,.' Phyll s Powell, C .tydyClLerk` • Vii` p`• U111 ibed and sworn to before me this � n4 day of , Notary SUE UTTERBACK. ' I ��'ITImass ion expires NOTARY PUBLIC STATE OF MISSOURT BOONE Co.MY COBNISSION EXPIRES JAN 23,1988 STATE OF MISSOURI. SS, 5397� COUNTY OF COLE Filed for record 2®doy of_August 19 ®O'clock and Minutes - M-J recorded in Book Page-,-714 . DAVID R. NEWSAM RECORDER Debra Nash •,.�,,,,,,,-Dt�UTY $5.00 Paid City of Jefferson.'-_