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Home My Public Portal AboutORD15942BILL NO. 2019-033 SPONSORED BY Councilman Hussey ORDINANCE NO. /5/42 AN 5/42 - AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF THE LEWIS AND CLARK DRIVE 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 Lewis and Clark Drive in the City of Jefferson, have agreed with 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 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 Lewis and Clark Drive which is shown in Plat Book 11, Page 635, and part of the East Half of the Southwest Quarter of Section 16, Township 44 North, Range 11 West, and part of the Tracts 1 and 2 of Landwehr Hills Subdivision Section 11, as per plat of record in Plat Book 11, Page 62, of Cole County Recorder's Office, in the City of Jefferson, Cole County, Missouri, being more particularly described in Exhibit A. 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, 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 Presiding Officer ATTEST: Mayor Carrie Tergin APPROVED AS TO FORM: EXHIBIT 'A' Vacation Description for a portion Lewis and Clark Drive Part of Lewis and Clark Drive herein described which is shown in Plat Book 11, Page 635, and part of the East Half of the Southwest Quarter of Section 16, Township 44 North, Range 11 West, and part of the Tracts 1 and 2 of Landwher Hills Subdivision Section 11, as per plat of record in Plat Book 11, Page 62, of Cole County Recorder's Office, Jefferson City, Cole County, Missouri, and more particularly described as follows: From the southwest corner of the East Half of the Southwest Quarter of said Section 16; Thence N 83°11'04" E, along the Section Line, 970.65 feet to a point on the westerly Right-of-way Eastland Drive; Thence N 16°18'36" E, along the westerly of said westerly Right-of-way line of said Eastland Drive, 3.74 feet to the Point of Beginning for this description; Thence N 73°25'57" W, 27.47 feet; Thence Northwesterly on a curve to the right, having a radius of 166.52 feet, an arc distance of 185.47 feet, (the chord of said curve being N 41°31'30" W, 176.03 feet); Thence Northwesterly on a curve to the left, having a radius of 286.50 feet, an arc distance of 175.36 feet , (the chord of said being, N 27°09'06" W, 172.63 feet); Thence N 44°41'09" W, 295.00 feet; Thence N 45°18'51" E, 500.00 feet; Thence N 44°41'09" W, 87.50 feet; Thence Northerly, on a curve to the right, having a radius of 269.25 feet, an arc distance of 213.19 feet, (the chord of said curve being N 22°00'07" W, 207.67 feet); Thence N 00°40'54" E, 457.00 feet; Thence Northeasterly, on a curve to the right, having a radius of 218.49 feet, an arc distance of 326.99 feet, (the chord of said curve being N 43°33'22" E, 297.32 feet); Thence N 86°25'50" E, 195.87 feet; Thence Easterly, on a curve to the right, having a radius of 378.00 feet, an arc distance of 261.31 feet, (the chord of said curve being S 73°45'54" E, 256.14 feet); Thence S 53°57'38" E, 88.66 feet; Thence crossing existing Lewis and Clark Drive Right -of -Way, S 11°33'24"W, 84.13 feet, to the northwesterly corner of Lot 341 of Landwher Hills Subdivision, Section 11; Thence on a curve to the right, having a radius of 145.00 feet, an arc distance 21.80 feet, (the chord of said being N 58°16'02" W, 21.78); Thence N 53°57'38" W, 93.52 feet; Thence Northwesterly on a curve to the left, having a radius of 318.00 feet, an arc distance of 219.83 feet, (the chord of said curve being N 73°45'54" W, 215.48 feet); Thence S 86°25'50" W, 195.87 feet; Thence Southwesterly, on a curve to the left, having a radius of 158.49 feet, an arc distance of 237.20 feet, (the chord of said curve being S 43°33'22" W, 215.67 feet); Thence S 00°40'54"W, 457.00 feet; Thence Southerly, on a curve to the left, having a radius of 209.25 feet, an arc distance of 165.69 feet, (the chord of said curve being S 22°00'07" E, 161.39 feet); Thence S 44°41'09" E, 147.50 feet; Thence S 45°18'51" W, 462.50 feet; Thence Southerly on a curve to the left, having a radius of 37.50 feet, an arc distance of 58.91 feet, (the chord of said curve being S 00°18'51" W, 53.03 feet); Thence S 44°41'09" E, 197.50 feet; Thence Southerly on a curve to the right, having a radius of 346.50, an arc distance of 212.08 feet, (the chord of said curve being S 27°09'06" E, 208.78 feet); Thence Southeasterly, on a curve to the left, having a radius of 106.52 feet, an arc distance of 118.64, (the chord of said curve being, S 41°31'30" E, 112.60 feet); Thence S 73°25'57" E, 28.07 feet to a point on the westerly line of Eastland Drive; Thence Southerly along the said westerly Line of Eastland Drive, on a curve to the left, having a radius of 620.58 feet, an arc distance of 32.87 feet, (the chord of said curve being S 17°49'37" W, 32.86 feet); Thence S 16°18'36" W, along westerly line of Eastland Drive, 27.15 feet t to the Point of Beginning, Containing 3.7544 acres, more or less. City of Jefferson 320 E. McCarty Street Jefferson City, MO 65101 (573) 634-6311 STATE OF MISSOURI SS COUNTY OF COLE State of Missouri Cole County Judy K. Ridgeway Recorder of Deeds RECORDED Book: 700 Page: 872 Receipt #: 330636 Total Fees: $36.0( Reception: 201906713 Pages Recorded: 5 Date Recorded: 8/912019 0:34:32 AM kAiNfr Carrie Tergin Mayor CERTIFICATE Emily Donaldson City Clerk edonaldson@jeffcitymo.org 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 15942, enacted by the City of Jefferson, Missouri, on August 5, 2019, 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 7, 2019 1325 I1u.Gr1�� on. City Clerk