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HomeMy Public PortalAboutORD10556 BILL NO. SPONSORED BY COUNCILMAN a ORDINANCE NO. ft9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A UTILITY EASEMENT IN SCHOTT HILL WOODS SUBDIVISION. 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 utility easement located in Section 1, Lot 1 of Schott Hill Woods Subdivision in the City, has petitioned the City Council to vacate as a utility easement; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue as a utility easement such easement as described in Section 1 of this Ordinance: 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 utility easement for and forever vacate the following described utility easement in said City: A 20 foot wide strip of land along and adjacent to the north and west lines of Lot No. 1 of Schotthill Woods Subdivision, Section One, per plat of record in Plat Book 11, page 7.45, Cole County Recorder's Office, more particularly described as follows : Beginning at the northwest corner of said Lot No. 1; thence N820 44 ' 53" E, along the north line of said Lot No. 1, 315.07 feet to the northeast corner thereof; thence S430 29 ' 35" E, along the easterly line of said Lot No. 1, 24 .80 feet; thence S820 44 ' 53" W, 310 .74 feet; thence S040 16 ' 30" E, 362. 19 feet to a point on the southerly line of said Lot. No. 1; thence N650 05 ' 16" W, along the southerly line of said Lot No. 1, 22.91 feet to the southwesterly corner thereof; thence N040 16 ' 30" W, along the west line of said Lot No. 1, 370.00 Containing 13 , 579.94 sq. ft. Except so much of the above asiscontained in the following described easement: A 10 foot wide strip of land across a part of Lot Nos . 1 & 2 of Schotthill Woods Subdivision, Section one, per plat of record in Plat Book 11 , page 145, Cole County Recorder's Office, more particularly described as follows : From the northwest corner of said Lot No. 1; thence S040 16 ' 30" E, along the west line of said Lot No. 1, 115.49 feet to the point of beginning for this description; thence S540 02 ' 05" E, 10. 37 feet; thence S15° 19 ' 35" E, 308.12 feet to a point 15 feet southerly of and perpendicular to the southerly line of said Lot No. 1; thence N650 05' 16" W, parallel to the southerly line of said Lot No. 1, 13. 10 feet; thence N150 19 ' 35" W, 289. 77 feet to a point on the west line of said Lot No. 1; thence N040 16 ' 30" W, along the west line to said Lot No. 1, 18 .32 feet to the point of beginning. Containing 3061. 97 sq. ft. Section 2 . The statutory right of reversion in the owners of the abutting property is hereby confirmed, 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 utility easement vacated. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed 1 - 6 - 96 Approved Pr iding Off ' •er Mayor ATTEST: City Clerk BILL NO. � �. SPONSORED BY COUNCILMAN 40, ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A UTILITY EASEMENT IN SCHOTT HILL WOODS SUBDIVISION. 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 utility easement located in Section 1, Lot 1 of Schott Hill Woods Subdivision in the City, has petitioned the City Council to vacate as a utility easement; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue as a utility easement such easement as described in Section 1 of this Ordinance: 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 utility easement for and forever vacate the following described utility easement in said City: A 20 foot wide strip of land along and adjacent to the north and west lines of Lot No. 1 of Schotthill Woods Subdivision, Section One, per plat of record in Plat Book 11 , page 145 , Cole County Recorder's Office, more particularly described as follows : Beginning at the northwest corner of said Lot No. 1; thence N820 44 ' 53" E, along the north line of said Lot No. 1, 315.07 feet to the northeast corner thereof; thence S430 29 ' 35" E, along the easterly line of said Lot No. 1, 24 .80 feet; thence S820 44 ' 53" W, 310.74 feet; thence 5040 16 ' 30" E, 362. 19 feet to a point on the southerly line of said Lot No. 1; thence N650 05 ' 16" W, along the southerly line of said Lot No. 1, 22.91 feet to the southwesterly corner thereof; thence N04° 16' 30" W, along the west line of said Lot No. 1, 370. 00 Containing 13, 579.94 sq. ft. Except so much of the above asiscontained in the following described easement: A 10 foot wide strip of land across a part of Lot Nos . 1 & 2 of Schotthill Woods Subdivision, Section One, per plat of record in Plat Book 11, page 145, Cole County Recorder's Office, more particularly described as follows: o-* / M"'_ r /y. ' From the northwest corner of said Lot No. 1; thence S040 16' 30" E, along the west line of said Lot No. 1 , 115.49 feet to the point of beginning for this description; thence S540 02 ' 05" E, 10. 37 feet; thence S150 19 ' 35" E, 308 . 12 feet to a point 15 feet southerly of and perpendicular to the southerly line of said Lot No, 1; thence N65° 05 ' 16" W, parallel to the southerly line of said Lot No. 1, 13. 10 feet; thence N150 19 ' 35" W, 289 .77 feet to a point on the west line of said Lot No. 1; thence N040 16' 30" W, along the west line to said Lot No. 1, 18 . 32 feet to the point of beginning. Containing 3061.97 sq. ft. Section 2 . The statutory right of reversion in the owners of the abutting property is hereby confirmed, 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 utility easement vacated. Section 3 . This Ordinance shall be in full force and effect from and after its passage and approval. Passed / - 6 - 9(0 Approved (— ;7- g6 Pr iding Off ' er Mayor . `-')Geor a H-- -..-i ld George H t.field ATTEST: I do hereby certify that 'is-,. : ,true and accurate photocopy of!oii;g�Iia'"I Ordinance No. 10556 , pasrsed on / A and which consists of twp (2 ) ga'_ge4z:� City Clerk Phyllis Powell Phyl s Powell, City Cle Jt ' (i!I3TY SBAL) Subscribed and sworn to before me this 10 day of 9QjWaA , 19 004 NO ARY My commission expires Joyce M. Rodderi, Notary 0�brt State of Missouri, Colo Ccunt i Comrniss en Expires Nov. !{ jr ,� 029 STATE OF MISSOURI .\' COUNTY OF COLE RECORDED ON 7 f .• ; •86 AN 10 PM 2 , 43 .: :. ,t. BOOK a90 PACE /a7 D R`(NEWSAM, RECORDER )PPA HASH, D PUIY �f, 0Q Gly o't tTe i^-1e+rsoJ1 CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. 2300 EAST MicCARTY • JEFFERSON CITY,MISSOURI 63101 • (314)634.3455 Engineering • SurveyinR rest Driliing • Soil Tr.o, ;tsi December 3 , 1985 Mr. Mike Bates Director of Public Works City of Jefferson 320 East McCarty Street Jefferson City, Mo. 65101 Re: 80-111 Schott Hill Woods Section 1 - Lot 1 Request to Vacate Easement Dear Mike : In reference to our meeting yesterday, please find attached a legal description, and a sketch of an easement we are re- questing to be vacated . As shown, this easement was on the north and west sides of Lot 1 . Schott Hill Woods Corporation deeded the front triangle along Elm Street to Rost and Evans , and they in turn deeded the back triangle t:6'. &ch.o.tt Hill Woods . This "squared up" the lot lines with Elm Street. There are no utilities on this easement and it is not needed for any . As we discussed at the meeting, we will write a separate 10 foot wide sanitary sewer easement for the sanitary sewer that will cross the back of Lot 1 to serve Lot 2. Should you have any questions on this or require additional in- formation, please advise . Sincerely, CENTRAL MISSOURI PROFESSIONAL SERVICES , INC. Louis H. Vetter, P .E. LHV/clk enc . cc: Elizabeth Fischer Fred Rost Exchange National Bank (Hugh Hutinger) John Kuebler ilk CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. 2300 EASY McCARTY • JEFFERSON CITY,MISSOURI 65101 • (314)634-345$ Engineering . Surveying Test Drilling • Sail Testing ------------------- VACATION OF GENERAL UTILITY EASEMENT --------------------- --------- LOT NO. ONE OF SCHOTTHILL WOODS SUBDIVISION, SECTION ONE ----------- A 20 foot wide strip of land along and adjacent to the north and west lines of Lot No. i of Schotthill Woods Subdivision. Section One. per plat of record in Plat Book It. page 145, Cole County Recorders Office. more particularly described as follows: Beginning at the northwest corner of said Lot No. 1: thence N82'44'53 0E. along the north line of said Lot No. 1. 315.07 feet to the northeast corner thereof; thence S43'29'35"E. along the easterly line of said Lot No. 1. 24.80 feet; thence S82'44'53 0W. 310.74 feet; thence SO4' 16'30"E. 362.19 feet to a point on the southerly line of said Lot No. 1; thence N65'05'16 0W. along the southerly line of said Lot No. 1. 22.91 feet to the southwesterly corner thereof; thence N04' 16'300W, along the west line of said Lot No. 1. 370.00 feet to the point of beginning. Containing 13. 579.94 sq.ft. ri r 7 L 'b SANITARY SEWER EASEMENT BY MRPORMION 1'his Indenture, A1ulc nn the h dal of RLrh) anti bet%ran _ SCHOTTHILL WOODS CORP. etthecounfyof Cole —sod Stott of Missouri —a ctirrwrationorganited and exiiting under the laws of the Stitt of M i-lujuri. tarry of the First Pan,and the City of jeffersot,Missfruri,a municipal eurlx,rstinn,of Cole County.Missouri, Party u(the Second Part: WITNESSETII.That the said Party of the First Partin consida•ration(if the sum of One Dollar and other valuable considerations to it paid by the said Party of the Second Part,the receipt of which is hereby acknowledged,anti by virtue and in pursuance of a resnfution of the Buerd of Director of said party rtf the First Pam dams by these presents Deed,Convey and Transfer to thv(;icy of jefferson,Missouri.Party of the Second Pan,its agents,employee and contractors.an aasernent to excavate within.install,cnnstrucb maintain,rep.1ir and ten ice a sanitary sewer and manholes for the routing and ct►nve)ance of sanitary!ewer in, under and through the(olkswing•deseribrd land in the City of Jefferson,County of Cole.State fit Missouri, to-wit: A 10 foot wide strip of Iand across a part of Lot Nos. i 6 2 of SCHOTTHILL ,WOODS SUBDIVISION, SECTION ONE, per plat of record in Plat Book Si, page 145. Cole County Recorder's Office, more particularly described as follows: From the northwest corner of said Lot No. 1; thence SO4' 16'30"E, along the P1 west line of said Lot No. 1. 115.49 feet to the POINT OF BEGINNING for this I , description; thence S54'02'05"E. 10.37 feet; thence S15' 19'35"f=, 30B.12 feet to a point 15 feet southerly of and perpendicular to the southerly line of said Lot No. 1; thence N55'05' 16"W, parallel to the southerly line of said Lot No. 1, 13. 10 feet; thence N15' 19'35"W. 289.77 feet to a point on the west line of said Lot No. 1; thence N04' 16'30"W, along the west line to said AM t No. 1, 98.32 feet to the point of beginning. Containing 3061.97 sq.ft. 1'0 IJAVE AND TO 1101.1)with all the rights.intmonitica,Fria ill gm and appartenanca•s necessary to file Party of the Second Pan in exercising its right of easement herein ohrairte%tat that neither Party fat flit-First Part nor at sut'tr►u,ra or assigns,nor errs person or pers„ns fur it or in its name or behalf,shall hereafrcr Make aApt"'tu�il PIlit j.c►vF.dotriltcd premises in a mannt•r that is irwonaisirn:v.ith,or interferes%oh the use by the Second Part nf,the easement herein JcedeJ.L'0Q ycd;'itultraiwfpr�ed'0 he Party of the suctrnd ('art. IN Vl'1 541St'�I t FI�.The at'.'arty of the First Part lug tame these presents to he signed by its president and sttesteti by the xcretary and its cnrlxtrate SCSI to bf"l bho's affixed i rc'aay dfrod dpr first alt11ae written. ' SCHOTTHILL WOODS CORP. ------'; ��� y— -- — BY President ' � ,`••• ups Ma` Attest: ,Secretary E1 za eth S. Fischer ��r:�,rrrootf a'' y. STATE y er I i O iA aa. County n p� On this _.day of , A.D. 10)p=•before me Personally appeared. Hubert E. Fisch _r and 1t ab,et'h S_ Ficr•hPr to me personally lanoarn, who,being by me duly aworrt,alit).ay charK they are President SX_Qlary of Schotthill WoodS__Carp. that the seal affixed lit this inatruma•no is the to►lit rAta•Meal 01-..11 if tnrlr,rstiin,■n.1 that fhc Maid inat rot ment w.1a signed and«aleJ in belt iisaidcorpdrario}►hr I- authority of its Ilo.1rd of Direction. ,J Anti file said Ilubert E.Fischer_ & Elizabeth S. Fisg,}��>wM1e11•cs said instrurtfcnt to I the free act an a�er v �'1 :Curt{tgrfrinrr IN TESTIMONY U111:10*10F•1 haac harcuna,set flit 14.18,11 .11111.tfftxed my tifltaid a I at my o(htc to � 'V! J� 4� the day and year first alxrvu written. > ��!�%�L C ' >1'`•'....• My termtapirrt ___�L�OZ __._.___ .. 1'14.4_ ___ t. I4,edstklim/ r STATF:OF MISSOI'ftl County of Cook- j ts, $223" Document No. 1,thr irnignrtl Rt•t pier of f)•ash foot gaol(:ounty.1n. .1tr ifn hr why terul) that tha•(a,regs►in i atromcnf of w ling was filed frwrecorJ in my office an the�0 day of �eeember , 19.�� .1t .... � a►i1fKk and �- minutes rO M.,and is truly recorded in Ronk 289 Pose—613 . Wiinrss my hand still soffit ial seal on the day and yt-ar afore.1i4l. $$.OU Pad d _D.ayl R° •Mews _ Call for: Goller Debra Nash