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HomeMy Public PortalAboutORD14870 BILL NO. 2011-96 SPONSOR: Councilman//S''crivner ORDINANCE NO. I`�7"3 70 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A PORTION OF SPRUCE 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 Spruce Street in the City, 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: Part of Outlot#76 said part being dedicated as right of way with the Subdivision of Outlots No. 76 and 77 in the City of Jefferson being more particularly described as follows: A portion of Spruce Street, beginning at the point where the north right of way line of Spruce Street meets the west line of the Madison Street right of way; thence west along the north right of way line Spruce Street 104 feet, thence south parallel to the Madison Street right of way 30 feet, to the south right of way line of Spruce Street; thence east along the south right of way line of Spruce Street 104 feet, to the west right of way line of Madison Street; thence north 30 feet along the west right of way line of Madison Street to the point of beginning, containing 3120 square feet. 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 easementwithout 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 /(��/1 I '. �I APPROVED U !f /e res' ng Off er Mayor ATTEST: APPROVED AS TO FORM: r City CIErk Interim City Counselor