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Home My Public Portal AboutORD14419 BILL NO. 2008-73 • SPONSOR: Councilman Penfold ORDINANCE NO. `W [9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT-OF-WAY ON A PORTION EAST MILLER STREET. 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 right-of-way in the City, have petitioned the City Council to vacate on a portion of East Miller Street; 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 on a portion of East Miller Street for P ublic 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 on a portion of East Miller Street 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 a alley and forever vacate the following described right-of-way in said City: An 8 foot wide strip of land being a part of the East Miller Street right-of-way, in the City of Jefferson, Cole County, Missouri, and lying southerly of and adjacent to the southerly line of Inlots 603 and 604 of said City of Jefferson, more particularly described as follows: BEGINNING at the southeasterly corner of the aforesaid Inlot 604; thence S4201 1'25"W, along the westerly line of the Monroe Street right-of-way and the southwesterly extension of the easterly line of said Inlot 604, 8.00 feet; thence N48 040'35"W, parallel to the northerly line of the East Miller Street right-of-way,208.82 feet to a point intersecting the southwesterly extension of the westerly line of Inlot No.603 in said Cityof Jefferson;thence N42 001'33"E, along said extended Inlot line, 8.00 feet to the southwesterly corner of said Inlot No. 603; thence S48 040'35"E, along the southerly line of said Inlots 603 and 604, 208.84 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 Y I.1/y d APPROVED Presidin O cer Mayor ATTEST: APPROVED AS TO FORM: XCity Counselor or i �� john Landwehr City of Jefferson Mayor S STATE OF MISSOURI ) SS COUNTY OF COLE ) CERTIFICATE I,.PhjI is Powell, City Clerk of the City of Jefferson, Missouri, hereby certify that the attached ar.6 ,true and accurate photocopies of the following record(s):of the City of Je Missouri: _' r^.: Ordinance rNo. 14419, enacted by the City of Jefferson, Missouri;.on November 3,2008, pages 1 through 2, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on November 20, 2008 (S E A L of the City of Jefferson) ��-� ,_� ;` • Phyllis Powell, City Clerk t o''�.: L =:•�,,rte...#^o-s, ;{ _.- l4cf.-200812267! A 563 'Fg 668 State of hissouri, Cote County • RECORDED Nov 21, 2008 2:03:01 Plq Larry D. Radevan, Recorder of Deeds Fees $30.00 Deputy • BILL NO. 2008-73 SPONSOR: Councilman PlIenfold ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING A RIGHT-OF-WAY ON A PORTION EAST MILLER STREET. 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 right-of-way in the City, have petitioned the City Council to vacate on a portion of East Miller Street; 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 on a portion of East Miller Street 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 on a portion of East Miller Street 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 a alley and forever vacate the following described right-of-way in said City: An 8 foot wide strip of land being a part of the East Miller Street right-of-way, in the City of Jefferson, Cole County, Missouri, and lying southerly of and adjacent to the southerly line of Inlots 603 and 604 of said City of Jefferson, more particularly described as follows: BEGINNING at the southeasterly corner of the aforesaid Inlot 604; thence S42°1 1'25"W, along the westerly line of the Monroe Street right-of-way and the southwesterly extension of the easterly line of said Inlot 604, 8.00 feet; thence N48°40'35"W, parallel to the northerly line of the East Miller Street right-of-way,208.82 feet to a point intersecting the southwesterly extension of the westerly line of Inlot No. 603 in said City of Jefferson;thence N42°01'33"E, along said extended Inlot line, 8.00 feet to the southwesterly corner of said Inlot No. 603;thence S48°40'35"E, along the southerly line of said Inlots 603 • and 604, 208.84 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 UU aI APPROVED Presidin O cer Mayor ATTEST: ' APPROVED AS TO FORM: ity Clerk City Counselor •