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Home My Public Portal AboutORD15819 BILL NO. 2018-030 SPONSORED BY Councilman Hussey ORDINANCE NO. I5r) 11 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF THE 600 BLOCK OF WALNUT 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 a portion of the 600 block of Walnut 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; 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: All that part of Walnut Street that lies southeasterly of the southeasterly line of Inlot 778 and is a part of the original Wears Creek in the City of Jefferson, Cole County, Missouri, being more particularly described as follows: Beginning at the most southerly corner of said Inlot 778; thence N42°14'14"E, along the southeasterly line of said Inlot 778, 219.01 feet to the most southerly corner of Inlot 774; thence S47°36'20"E, 30.00 feet; thence S42°14'14"W, 219.03 feet to a point on the northeasterly right-of-way line of West Dunklin Street; thence N47°33'56"W along said northeasterly right-of-way line of West Dunklin Street, 30.00 feet to the point of beginning. 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 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 Ati(Alt 20, )1)0 APPROVEDAll-.2-4/ X21 is) Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: ////.,Al/ — A' City Clerk �— City C. nselor EXHIBIT A 1 of 2 WEST ELM STREET {TO BE VACATED) All that part of West Elm Street that lies northeasterly of the northeasterly line of lnlot 773 in the City of Jefferson, Cole County, Missouri, being more particularly described as follows: Beginning at the most northerly corner of lnlot 774; thence N4 7' 38 '44 "W, along the northeasterly line of said lnlot 77 3, 81.23 feet to a point on the northeasterly right-of-way line of the U.S. Route 54 and Business 50 / Missouri Boulevard Connection right-of-way, said point also being the most southerly corner of West Elm Street right-of-way vacated by City of Jefferson, Missouri Ordinance # 15616, of record in Book 673, page 716, Cole County Recorder's Office; thence N42"21 '16"E, along the southeasterly line of said vacated right-of-way, 80.00 feet to a point on the southwesterly line of lnlot 670; thence S03'04'54"E, 114.01 feet to the point of beginning. WALNUT STREET {TO BE VACATED) All that part of Walnut Street that lies southeasterly of the southeasterly line of lnlot 778 and is a part of the original Wears Creek in the City of Jefferson, Cole County, Missouri, being more particularly described as follows: Beginning at the most southerly corner of said lnlot 778; thence N42" 14 '14 "E, along the southeasterly line of said lnlot 778, 219.01 feet to the most southerly corner of lnlot 774; thence S47'36'20"E, 30.00 feet; thence S42"14'14"W, 219.03 feet to a point on the northeasterly right-of-way line of West Dunklin Street; thence N47'33'56''W along said northeasterly right-of-way line of West Dunklin Street, 30.00 feet to the point of beginning. ,.~ ~ ~,,,,,, ..... ,,,,,,, IJCentral Missouri Professional Services, Inc. ~ ~~t_O~ISso~,,~ ENGINEERING -SURVEYING -MATERIALS TESTING 1\ -J =-= '17 ~ ~ LS-2524 \ 2500 E. McCARTY Phone {573) 634-3455 \ ~ I J. BRIAN ) i t-------J-EF_F_E_R_s_o_N_c_r_TY_._M_rs_s_o_u_R_I _B_51_o_1 ___ FA_x_{_57_3_) _63_4--8-89_8---t ~\ ROCKWELL/}}" Tffi.E w. ELM ST. & WALNUT ST. TO BE VACATED ~u~·=-= ~.~~ '\ -/~~~-fiJ ~~~ LAND ~~~~\ ~------------------------------------------------------~ 11111"'""'''' ~ \ FOR J. Brian Rockwell, MO. PLS /2524 F & F DEVELOPMENT, L.L.C. CENTRAL MISSOURI t------~.......o------,...------~--------4 PROFESSIONAL SERVICES MISSOURI STATE CERnFICATE OF AUTHORITY /000355 DATE 12/7/17 REV. DATE DRN. BY J.B.R. CKD. BY SCAI.f N.T.S. BOOK DC SHEET 1 OF 1 JOB NO. 82-103 775 DUNKLiN STREET EX !BIT A W. ELM ST. Vacated by Ordinance No. 15616 B-67J, P-716 / 2 of 2 776 I 777 I I -l W. ELM ST. D Ui 30 iKI 778 I I I CITY OF JEFFERSON ~ 8-324, P-480 I POB L 00 State of Missouri Cole County Ralph C.Bray Jr,Recorder of Deeds RECORDED Book: 690 Page: 993 Receipt#: 321565 Total Fc :$36.00 Reception: 201807929 Pages Recorded: 5 CIS Date Recorded: 8/28/2018 10:17:48 AM Oireitu V1.--t : S�AL col, OF J FFF :.. /"°��* �c ~ Carrie Tergin City of Jefferson N p �� , A Mayor 320 E. McCarty Street "'�"" / Emily Donaldson Jefferson City, MO 65101 - City Clerk �! • (573) 634-6311 .�,.,,._ .„ edonaldson@jeffcitymo.org 1825' STATE OF MISSOURI ) SS COUNTY OF COLE ) CERTIFICATE I, Emily Donaldson, 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 15819, enacted by the City of Jefferson, Missouri, on August 20, 2018, pages 1 through 4, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on August 22, 2018 (S E Pr l�df.the City rof Jefferson) /2�2 • ily Donaldson. City Clerk r ••I/ \' d