HomeMy Public PortalAboutORD14495 BILL NO. 2008-147
SPONSORED BY COUNCILMAN Penfold
ORDINANCE NO. i � 4q c�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A RIGHT-OF-WAY ON A PORTION OF WEST EDGEWOOD DRIVE.
WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that
the owners of land adjacent to and abutting upon West Edgewood Drive 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-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 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:
Part of the Southeast Quarter of the Southeast Quarter of Section 10,
Township 44 North, Range 12 West, Cole County, Missouri more particularly
described as follows:
From the southeast corner of said Section 10 thence S83 051'58"W, along
the Section Line, 125.00 feet to the northwest corner of Lot No. 22 of
FAINWOOD SUBDIVISION, THIRD ADDITION, as per plat of record in Plat
Book 11, page 258, Cole County Recorder's Office; thence continuing
S83 051'58"W, along the Section Line, 1220.23 feet to the southwest corner
of the Southeast Quarter of the Southeast Quarter of said Section 10;thence
N5 040'59"W, along the Quarter Quarter Section Line, 68.66 feet to the
present southerly line of the West Edgewood Drive right-of-way, said being
the northerly line of the vacated right-of-way of West Edgewood Drive as per
City Ordinance No. 12814;thence,along said right-of-way line N57 059'40"E,
388.21 feet to the POINT OF BEGINNING for this description; thence
Westerly, on a curve to the left, having a radius of 1387.39 feet, an arc
distance of 46.08 feet, (the chord of said curve being N73 013'48"E, 46.08
feet); thence N64°24'36"E, 145.76 feet;thence N59 048'42"E, 182.09 feet to
the Quarter Quarter Section Line; thence N5 040'59"W, along the Quarter
Quarter Section Line, 38.12 feet to the POINT OF BEGINNING.
Containing 0.21 acres.
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 '11 APPROVE
Presidipig/Officer Mayor
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ATTEST: APPROVE AS TO FORM:
City Clerk City Counselor