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HomeMy Public PortalAboutORD09348 BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , VACATING AND DISCONTINUING AS A PUBLIC RIGHT-OF-WAY A PORTION OF ENGLEWOOD DRIVE 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 THE CITY TO EXECUTE ALL INSTRUMENTS REQUIRED TO CON- FIRM 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 a portion of Englewood Drive in the City, have petitioned the City Council to vacate a part of the right-of- way of Englewood Drive 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 a part of Englewood Drive as described in Section 1 of this ordinance, subject to a reservation in the City of an easement in that por- tion of Englewood Drive 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, 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 Englewood Drive in said City, subject to the reservation in the City of the easement mentioned in Section 2 of this ordinance. "Part of Englewood Drive being a part of the East half of the Southeast Quarter of Section 19 , Township 44 , Range 11 , and adjoining Lot No . 53 of Englewood Subdivision as per plat of record in Plat Book No. 6 , page 101 , AO, Cole County Recorder' s Office, more particularly described as follows : Beginning at the Northeasterly corner of Lot No. 53 of Englewood Subdivision, thence S86°00'West, a distance of 105. 57 feet ; thence S15 052111"West , a distance of 79. 92 feet, to a point on the Northwesterly line of Lot No. 53; thence Northeasterly on a curve to the right •w fr having a radius of 153. 49 feet, a distance of 159.61 feet to the point of beginning." (Bearings are magnetic) 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 Englewood 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 con- structed within said area. 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 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 . PASSED APPROVED resident of the founcil or ATTEST: � \ r —City/ 1 r lu tzz I `^ ,, � r• �. oo,r�' tu 1 � j 1 I 1 ti10 / ` �