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HomeMy Public PortalAboutORD08770 BILL NO. _ 'c i INTRODUCED BY COUNCILMAN G aRbINANCE NO. -77 o I i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , VACATING AND i DISCONTINUING AS A PUBLIC STREET ALL OF BROOKSIDE DRIVE AS RECORDED IN THE SPRING VALLEY ADDITION, RESERVING TO THE CITY AN EASEMENT IN THE RIGHT OF WAY VACATED FOR SANITARY SEWER, SURFACE WATER DRAINAGE, AND PUBLIC UTILITY PURPOSES, AND AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF 'TIII: CITY TO EXECUTE ALL INSTRUMENTS REQUIRED TO CONFIRM IN THE ABUTTING PROPERTY OWNERS THEIR RIGHT OF REVERSION IN THE VACATED AREA. WHEREAS , it has been shown to the City Council of the City of Jefferson , Missouri , that owners of land adjacent to and abutting upon Brookside Drive in the City , have petitioned the City Council to vacate all of the right of way of Brookside Drive as recorded in the Spring Valley Addition as a public thoroughfare; and WHEREAS, it has further been shown that it would not incon- venience the public or the citizens of the City to discontinue as a right of way for a public thoroughfare and vacate all of Brookside Drive as recorded in the Spring Valley Addition , as described in Section 1 of this ordinance , subject to a reserva- tion in the City of an easement in all that portion of Brookside Drive vacated for the maintenance, repair, location and reloca- tion 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 TILE CITY OF JEFFERSON, MISSOURI , .AS FOLLOWS : SECTION 1. The City Council of the City of Jefferson , Missouri , hereby declares it necessary , reasonable and proper to discontinue as a right of way for a public thoroughfare and forever vacate the following described portion of Brookside Drive in said City, subject to the reservation in the City of the easement mentioned in Section 2 of this ordinance : "All that portion of Brookside Drive as recorded in the Spring Valley Addition , Book 5 , Page 35 , Cole County Recorder' s Office. " SECTION 2. The City of Jefferson , Missouri , does hereby expressly reserve to itself, its successors and licensees , and all public utility companies within the City, an easement in, under , over and upon that portion of the right of way of Brookside Drive , as described in Section 1 of this ordinance , for purposes of repairing , maintaining , servicing, locating and relocating all sanitary sewer surface water drainage and public utility facilities now existing or hereafter to be constructed within said area. SECTION 3. The statutory right of reversion in the owners of the abutting property is hereby confirmed , subject t to the easement expressly reserved in Section 2 of this ordi- nance , as is provided by the laws of the State of Missouri , and the Mayor and the Clerk of the City are hereby authorized and directed to execute all 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 take effect and be in force from and after its passage and approval. Passe Approved : /s P esi ent of t ouncil M or Attest : City C rk