HomeMy Public PortalAboutORD15441 BILL NO. 2015-50
SPONSOR: Councilman Scrivner
ORDINANCE NO. 164-Z-J-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF THE 600 BLOCK OF EAST ELM STREET
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 the eastern portion of the 600
block of East Elm Street in the City of Jefferson have petitioned the City
Council 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, 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:
Part of the 60 foot wide relocated East Elm Street right-of-way as per deed of record
in Book 220, page 111, Cole County Recorder's Office, in the City of Jefferson, Cole
County, Missouri, the centerline of said 60 foot wide right-of-way being more
particularly described as follows:
From a point on the westerly line of the 80 foot wide public street right-of-way known
as Lafayette Street, being the Northeasterly corner of Inlot No. 854 of said City of
Jefferson; thence N41°47'54"E along the northerly extension of the easterly line of
said Inlot No. 854, being the westerly line of said Lafayette Street right-of-way,
34.24 feet to the centerline of the aforesaid East Elm Street right-of-way and the
POINT OF BEGINNING for this centerline description; thence, along the centerline
of said East Elm Street right-of-way the following courses: N48°14'09"W, 106.62
feet; thence westerly, on a curve to the left, having a radius of 614.62 feet, an arc
distance of 195.63 feet (the chord of said curve being N57°21'15"W, 194.80 feet);
thence N66°28'21"W, 79.46 feet to the POINT OF TERMINATION of this centerline
description, said point being S66°28'21"E, 90.00 feet from the intersection of said
East Elm Street centerline and the centerline of the public street known as Marshall
Street.
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 City Clerk 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, 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 and approval.
PASSED ,1 GI 6- as _ APPROVED -71 aOI S
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Presiding Officer Mayor Carrie Tergin
ATTEST: _ - APPROVED AS TO FORM:
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itytlerk; - -; .- City Counselor
Carrie Tergin
City of Jefferson Mayor
320 E McCarty Street . } I, ,A ;' Phyllis Powell, CMC
Jefferson City,MO 65101 City Clerk
(573)634-6311
State of Missouri
Cole County
Ralph C. Bray 3r,Recorder of Deeds
RECORDED
Book: 658 Page: 824
Receipt : 292358 Total Fees: S30.00
Reception: 201510258
Pages Recorded: 3 AIL
Date Recorded: 10/15/2015 2:51:53 PM
SEAL *.ws
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:
1. Ordinance Number 15441, enacted by the City of Jefferson, Missouri.
on October 5. 2015. pages 1 through 2, inclusive.
IN WITNESS WHEREOF I have set my hand and affixed the seal of the
City of Jefferson. Missouri, on October 8, 2015
(S E A L of the City of Jefferson) ( 74, tom' •
Phyllis Dowell. City Clerk
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