HomeMy Public PortalAboutORD14462 • BILL NO. 2008-114
SPONSOR: Councilman Penfold
ORDINANCE NO. 1 `'[ �IP Y
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A RIGHT-OF-WAY ON A PORTION OF STRONG-THARP
SUBDIVISION.
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 Strong-Tharp Subdivision in
the City, have petitioned the City Council to vacate a 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 a right-if-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 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 alley.
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 an alley and forever vacate the
following described right-of-way in said City:
From the Southeast Corner of Lot#20 of Strong-Tharp Subdivision, in the City of Jefferson,
recorded in Plat Book 4,Page 80,of Cole County Recorders Office;thence in a southeasterly
direction on the south line of said Lot #20, 8.6 feet to the Point of Beginning of this
description:thence continuing on said south line of said Lot#20 and continuing in the same
southeasterly direction on the south line of Lots#21 and#22 to the southeasterly corner of
said Lot#22,to the point of previously vacated 30 foot drive way as platted,as per Ordinance
# 12238 in the City of Jefferson dated Feb. 6,1995; thence in a southerly direction on the
terminus of said vacated 30 foot drive way to the northerly Right of Way of previously named
Missouri Pacific Railroad; thence on the said northerly Right of Way in a northwesterly
direction to a point of which is the easterly line of a 15 foot easement recorded in Book 175,
page 287 Cole County Recorders Office,which is a prolongation in a continual direction thru
the said 30 foot drive way,to the northerly line of said railroad Right of Way;thence on said
prolongation line of said easement in a northeasterly direction to the Point of Beginning.
Containing 7512.4 square feet more of less.
•
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 Ql" G�Y� / APPROVE
Presi ing fficer / Mayor
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pitly Clerk City ounselor
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City of Jefferson A Mayor
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STATE OF MISSOURI )
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COUNTY OF COLE )
CERTIFICATE
I, Phyllis Powell, City Clerk of the City of Jefferson, Missouri, hereby
• certify that the attached are true and accurate photocopies of the following
record(s)of the City of Jefferson, Missouri:
1. Ordinance No. 14462, enacted by the City of Jefferson,
Missouri,on January 20,2009,pages 1 through 2,and"Exhibit
A"attached,pages 1 through 1,for a total of 3 pages inclusive.
IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of
Jefferson, Missouri, on February 19, 2009
(S E A L of-the City of Jefferson)
Phyllis Powell, City Clerk
f No. 200902185, Bk 573 Fg 230
State of Missouri, Cote County
• RECORDED Feb .20, 2009 10:09:55 AM
Larry D. Rademan, Recorder of Deeds
PFees $33.00
Y& 0 Deputy
• BILL NO. 2008-114
SPONSOR: Councilman Penfold
ORDINANCE NO. �4 IP 1✓"
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A RIGHT-OF-WAY ON A PORTION OF STRONG-THARP
SUBDIVISION.
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 Strong-Tharp Subdivision in
the City, have petitioned the City Council to vacate a 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 a right-if-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 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 alley.
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 an alley and forever vacate the
following described right-of-way in said City:
From the Southeast Corner of Lot#20 of Strong-Tharp Subdivision,in the City of Jefferson,
recorded in Plat Book 4,Page 80,of Cole County Recorders Office;thence in a southeasterly
direction on the south line of said Lot #20, 8.6 feet to the Point of Beginning of this
description:thence continuing on said south line of said Lot#20 and continuing in the same
southeasterly direction on the south line of Lots #21 and#22 to the southeasterly corner of
said Lot#22,to the point of previously vacated 30 foot drive way as platted,as per Ordinance
# 12238 in the City of Jefferson dated Feb. 6,1995; thence in a southerly direction on the
terminus of said vacated 30 foot drive way to the northerly Right of Way of previously named
Missouri Pacific Railroad; thence on the said northerly Right of Way in a northwesterly
direction to a point of which is the easterly line of a 15 foot easement recorded in Book 175,
page 287 Cole County Recorders Office,which is a prolongation in a continual direction thru
the said 30 foot drive way,to the northerly line of said railroad Right of Way;thence on said
prolongation line of said easement in a northeasterly direction to the Point of Beginning.
• Containing 7512.4 square feet more of less.
• 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 APPROVED-..
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Presi ing fficer Mayor
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• ATTE APPRPVED T FORM:
ity Clerk City ounselor
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