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All ORDIVANCE TO VP_.CATF, A PAT.'171 VIFST ST!"),,,?77, AT*D OF T!l
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COI'DITIOV' T;17A" Tl! • PR"I'T,117 A1-',T('1J'1VG C .."."71
TITLE SHALT, PROVIDE AED VAI1,19V
All,i DRAE.'AGE, FACILITTIiI.S AS 1',ERF.TN
DT','1,9CP,I13T,,'D; AND AUTP( RI7,lNG Al'.D DIT'I-VTING T,1 V T,.1A I . P I"I
i-) YOR 01,! � .:-.ALF OF
`['1'1E CITY TO T'AKR) EXE(JITE AND DT LIVE-1i TO T]JR 11REST-1,11T AD,TI(,'NIT:'G
OVIFER ALI, PIiCT=T Ti A1:D SUFFICIENT I'I'IRITINGS, DEEMS OR DISTRIII�-,EITTS TO
El-FECTUAr'LE T---,E TUTEES Al;"D PROVI.ST OTIS OF TI:IS ORDINANCE.
PE IT CRI)AINTED FY TEE CITY CoUl,,CIL 01' TITE CITY OF JEF11711`1�10K)
1'+'ISSOJTRI) AS YOLLOWS:
S11•'CTION 1. It is hereby declared that the City Council of the
City of Jefferson, 17issoiii-i, deems it necessary and expedient to
vacate and discontinue
All of west Lunklin Street in said City that lies
south of the right-of-gray line of U.S. Highway No. '50
between the west line of Jones Addition to said city
and the i,!est line of the public alley located next west
of and parallel to .Virginia Street in said Addition to
said city- excepting therefroilq' a stria: of land the width
-of the Mel next west of 'Naverly Street and in length
the width o Dunklin Street Which lays opposite to and
coincides with the opposite ends o-' said alley on the north-
erly and southerly sides of west Dunklin Street, so that
said alley may be continued as a public thoroughfare with-
out any break becausexx of this vacation, excepting further
a strip of land the t•idth of Waverly Street, coinciding
with Waverly Street w'here_the same intersects the southly
line of the present West 'unklin Street and extending along
the course of Waverly Street to the southerly right of way
Line of Route U.S. No. 50, so that Wyvrrly Street may be
continued as a public thoroughfare to said highway without
any break because of this vavPtiony
on the condit.ion that W.W. Smith, the present owner of all the
privately .owned land adjoining the aforesaid part of the aforesaid
Street, his heirs., executors, adiNinistrators., grantees, consorts
or assigns, shall dig and maintain' an open flat, bottomed ditch par-
allel with Waverly Street along and over Lots 44.,43,42,.and 41 to
a natural drainage spread on Lot 4-0 of said Addition, together with
whatever tributary., drains of- ditches that are necessary to pr6vide
drainage for all waters whtch have 'or may in th'e future be drained
into vhat is now West Dunklin Street from the aforesaid highway and
which will. comply with the plat hereto attached. This vacation is
further made on the condition that should the present or future
aid tracts fail or neg-
lect' to the property adjoining the aforesaid
-ie drainage facilities aforesaid, 11
lect�..to provide and maintain tl the
City shall have the authority acid hereby reserves the right to enter
thereon ar.d to provide and -maintain such facilities, Porvided that
1�ity shall not be construed as a
such action on' the part of the sl
waiver 6n the part of the City of any 1egal claim or right which it
has or may have a&r,-inst, such owner or owners f()r breach of the cov-
enant running •10'ith tl.,e land heretofore executed, in which the pre-
sent owner of all the adjoining land on bel-,41f of himself and his
successors in title has agreed to provide and maintain such drain-
age facilities.
SECTIOV 2.The said IN.W.Smith and "olia Smith, his wife., having
covenanted for themselves, their Heirs, executors, administrators,
grantees and assigns, to provide the drainage as afol-esaid., an d
the State highway Department, of Ivlissouri, through its duly appointed,
qualified and acting engineers, having advised this cotinc-' l that
there is no objection upon the nart of the State of 1,71issouri to the
vacation of the aforesaid part of I'lest Llunklin Street %,,,hich adjoins•
the said highway., provided the owner or owners of the adjacent
property take care of the drainage at his or their. own expense.
SECTIC' 3- The aforerald part of Westl)unlzlin -Street in Jones