HomeMy Public PortalAboutORD14378 BILL NO. 2008-30
• SPONSOR: Councilman Penfold
ORDINANCE NO. 1`f J -7 9
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING RIGHT-OF-WAY ON A PORTION OF COLE 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 a right-of-way on a portion of
Cole Drive in the City, have petitioned the City Council to vacate a right-of-
way on a portion of Cole Drive; 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
Cole Drive 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 a right-of-way on a portion of
Cole Drive 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 a alley and forever vacate the
following described right-of-way on a portion of Cole Drive in said City:
All that part fo Cole Drive herein described which is shown as per plat of
record in Sunset Place Addition in Block 1 and Block 2 of Plat Book 2 Page
47,Cole County Recorders Office,Jefferson City, Missouri, more particularly
described as follows:
Beginning at a point that is perpendicular from the northeast corner of lot
Number 24, Block 2 of Sunset place Addition as per deed of record of Deed
Book 467, Page 252, Cole County Recorders Office, said point begin at the
center of a 60 feet wide Cole Drive as platted; thence in south-southeasterly
direction along the centerline of said Cole Drive, as platted, to the point
where the said street intersects the northerly right-of-way of the present day
• Hayselton Drive (2008) to the point of termination of this vacation.
• Section 2. All of that portion of the above vacated property Y 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 on a portion of Cole Drive
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. n
PASSED l APPROV 3 U�
Pre i i g Officer Mayor
ATTEST: APPROVED AS TO FORM:
ity Clerk City Counselor
' 46 6
r�i
City of Jefferson
John Landwehr
• Mayor
STATE OF MISSOURI )
SS
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. 14378, enacted by the City of Jefferson,
Missouri, on July 21, 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 July 29, 2008
(S E A L of the City of Jefferson)
Phyllis owell, City Clerk
t B
No. 200808235, Bk 565 Pg 867
• L.._ ,'-.����ta;2 State of Missouri Cole County
RECORDED Jul 30, .2008 9:00:19 AM
Larry D. Rademan. Recorder of Deeds
U
0 Fees X0100
Deputy
• BILL NO. 2008-30
SPONSOR: Councilma/nL P2enfold
ORDINANCE NO. `� a r1 L
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING RIGHT-OF-WAY ON A PORTION OF COLE 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 a right-of-way on a portion of
Cole Drive in the City, have petitioned the City Council to vacate a right-of-
way on a portion of Cole Drive; 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
Cole Drive 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 a right-of-way on a portion of
Cole Drive 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 a alley and forever vacate the
following described right-of-way on a portion of Cole Drive in said City:
All that part fo Cole Drive herein described which is shown as per plat of
record in Sunset Place Addition in Block 1 and Block 2 of Plat Book 2 Page
47, Cole County Recorders Office,Jefferson City, Missouri, more particularly
described as follows:
Beginning at a point that is perpendicular from the northeast corner of lot
Number 24, Block 2 of Sunset place Addition as per deed of record of Deed
Book 467, Page 252, Cole County Recorders Office, said point begin at the
center of a 60 feet wide Cole Drive as platted; thence in south-southeasterly
direction along the centerline of said Cole Drive, as platted, to the point
• where the said street intersects the northerly right-of-way of the present day
Hayselton Drive (2008) to the point of termination of this vacation.
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 on a portion of Cole Drive
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 o APPROV
• Pre ' i g Officer Mayor
ATTEST: APPROVED AS TO FORM:
"city Clerk City Counselor
•