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Home My Public Portal AboutORD15339 BILL NO. 2014-84 SPONSOR: Scrivner ORDINANCE NO. / 3 39 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF FROG HOLLOW ROAD RIGHT-OF-WAY. WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the owners of land adjacent to and abutting upon a portion of Frog Hollow Road in the City of Jefferson, have through a signed development agreement received assurance of the City Council's action to vacate a portion of the right of way; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue a portion of the street right of way for public use as described in Section 1 of this Ordinance; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue a portion of the street 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 right of way and forever vacate the following described right of way in said City: A 30 foot wide strip of land in the East Half of the Northeast Quarter of Section 15, Township 44 North, Range 12 West, of the County of Cole, Missouri and being the public right-of-way (by use) known as Frog Hollow Road and lying 15 feet each side of, along and adjacent to the following described centerline: From a Stone marking the East Quarter corner of said Section 15; thence N 01°03'09" E along the section line between Section 15 and Section 14, 523.84 feet; thence N 78°30'29" W, 1254.96 feet to a point on the easterly boundary of a Bill 2014-84 Page 1 tract of land conveyed to the State of Missouri Highway and Transportation Commission by deed of record in Book 423, page 335, Cole County Recorder's Office, said point being in the center of the aforesaid Frog Hollow Road right-of- way (by use) as shown and described on a certain survey of record in Survey Record Book B, page 344, Cole County Recorder's Office and being the Point of Beginning of this centerline description; thence along the centerline of said Frog Hollow Road right-of-way, the following courses: easterly on a curve to the right, having a radius of 210.00 feet, an arc distance of 75.67 feet (the chord of said curve being S 64°56'30" E, 75.26 feet); thence S 54°37'07" E, 219.25 feet; thence easterly, on a curve to the left, having a radius of 200.00 feet, an arc distance of 114.27 feet (the chord of said curve S 70°59'14" E, 112.73 feet); thence S 87°21'21" E, 174.98 feet; thence easterly on a curve to the right, having a radius of 5000.00 feet, an arc distance of 91.26 feet (the chord of said curve being S 86°49'59" E, 91.26 feet); thence S 86°18'37" E, 260.00 feet; thence northeasterly , on a curve to the left, having a radius of 133.50 feet, an arc distance of 149.59 feet (the chord of said curve being N 61°35'19" E, 141.89 feet); thence N 29°29'14" E, 82.42 feet to a point in the center of the Frog Hollow Branch of Wears Creek (also known as Sone Creek) being the northerly boundary of a tract of described in Book 119. Page 231, being common to the southerly boundary of the property described by deed of record in Book 217, page 339 of Cole County Recorder's Office, Missouri and the Point Of Termination for this centerline description. The above described 30 foot strip being all the public right-of-way (by use) known as Frog Hollow Road lying within the boundaries of the property described by deeds of record in Book 623, page 176, and in Book 623, page 178 of Cole County Recorder's Office. A Part of the above described right-of-way was transferred by a Right of Way Conveyance from Hy. (Henry) Bemboom to the County of Cole, Missouri, signed on October 7, 1925 and filed December 17, 1925 in the office of the Clerk of the County Court, Cole County, Missouri, (now known as The Clerk of the County Commission, Cole County, Missouri) and witnessed by the County Highway Engineer, Surveyor and Ex-officio Road Commissioner, James H. Jones. 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, 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 Bill 2014-84 Page 2 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, subject to the easement retained in Section 2. Section 4. This Ordinance shall take effect and be in full force from and after its passage. / PASSED 11/2//r APPROVED /,�//7 Presiding Officer Mayor ATTESTS�� - APPROVED AS TO FORM: • ity Cler - , % counselor Bill 2014-84 Page 3 State of Missoun Cole County _No OF ' FE Larry D. Rademan,Recorder of Deeds �+'� �sof RECORDED oma, ate'••,"T Receipt r: 28342. BTU Total Fees: $33.00 City of Jefferson N .Y. einttrA ii, a Reception: 201410817MayOr C A Pages Recorded: 4 Book 649 Page 46 �' ^''} P Date Recorded: 11/21/2014 8:15:31 AM SEAL rt a fe rsc5 \ kozsiAl _+ 11„... STATE OF MISSOURI ) ) SS COUNTY OF COLE ) CERTIFICATE I,Phyllis Powell,City Clerk of the City of Jefferson, Missouri, do hereby certify that the attached are true and accurate photocopies of the following official record(s)of the City of Jefferson, Missouri: Ordinance 15339,enacted by the City of Jefferson, Missouri on November 3,2014, pages 1 through 3, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on November 20,2014. OP, • (S E A L of the City of Jefferson) , Vit- t,V-1-41 • yllis Powell. City Clerk _ N.N.X-._1 ` �, 0 .../•cri r .-�rl J.�" Q r, -_.. f' a fit.i + ^` r • a X323 y