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Home My Public Portal AboutORD10858 BILL NO. 87•-45 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. /C/) AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR SPRUCE STREET. WHEREAS, the portion of Spruce Street described below hs never been opened; and WHEREAS, it has been shown to the City Council of the City of Jefferson, Missouri, that the owner of land adjacent to and abutting (street name) more particularly described as follows: SPRUCE STREET - A portion of Spruce Street , more particularly described as follows: Beginning at a point on the north R/W line of Spruce Street 104 feet west of the west R/W line of Madison, thence west a distance of 363.5 feet to the east R/W line of Jefferson, thence south 30 feet along the east R/W line of Jefferson, thence east 363.5 feet along the south R/W line of Spruce Street, thence north 30 feet to the point of beginning. Awk WHEREAS, it has further been shown that it would not qp inconvenience the public or the citizens of the City to discontinue such 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: Section 1. The Council of the City of Jefferson, Missouri, 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 right-of-way, subject to the reservation in the City of the easement mentioned in Section 2 of this Ordinance: SPRUCE STREET - A portion of Spruce Street , more particularly described as follows: Beginning at a point on the north R/W line of Spruce Street 104 feet west of the west R/W line of Madison, thence west a distance of 363. 5 feet to the east R/W line of Jefferson, 'thence south 30 feet along the east R/W line of Jefferson, thence east 363.5 feet along the south R/W line of Spruce Street, thence north 30 ® feet 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 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 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 ter its passage and approval. I Passed r If Approved 7 ML Presidin f£icer Mayor ATTEST: City Clerk BILL NO. 87-45 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. .5-g. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY FOR SPRUCE STREET. WHEREAS, the portion of Spruce Street described below hs never been opened; and WHEREAS, it has been shown to the City Council of the City of Jefferson, Missouri, that the owner of .land adjacent to and abutting (street name) more particularly described as follows: SPRUCE STREET - A portion of Spruce Street , more particularly described as follows: Beginning at a point on the north R/W line of Spruce Street 104 feet west of the west R/W line of Madison, thence west a distance of 363.5 feet to the east R/W line of Jefferson, thence south 30 feet along the east R/W line of Jefferson, thence east 363.5 feet along the south R/W line of Spruce Street, thence north 30 feet to the point of beginning. WHEREAS, it has further been shown that it would not .....__ inconvenience the public or the citizens of the City to discontinue such 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: Section 1. The Council of the City of Jefferson, Missouri, 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 right-of-way, subject to the reservation in the City of the easement mentioned in Section 2 of this Ordinance: SPRUCE STREET - A portion of Spruce Street , more particularly described as follows: Beginning at a point on the north R/W line of Spruce Street 104 feet west of the west R/W line of Madison, thence west a distance of 363.5 feet to the east R/W line of Jefferson, thence south 30 feet along the east R/W line of Jefferson, thence east 363.5 feet along the south R/W line of Spruce Street, thence north 30 feet to the point of beginning. e w t�^'Y 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 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 anDater its passage and approval. Passed 7 Approved I-�P-4,e,e4--.-' v ; ,Presidin fficer Mayor ATTEST: 4 City 1 'd � \\ ;. his is a true and correct copy of Ordinance 10511 lW f, 4bec.Cit Qf'::�J Person, Missouri, and is in effect at this date . ' City Clerk DATE • Id15.• COUNTY OF CC'LLE RECTRI)ED ON '87 OCT 26 AM 10 38 BOOK 36� ;'-„r.e 774 a DR NEYr5MM, RECORDER CIV AZZ MM WH, 4KU11 \r r • IO . ��