BILL NO.       2012-18                                               ORDINANCE NO.                                       

INTRODUCED BY                                                                                                                          

AN ORDINANCE TO VACATE AND RELEASE CERTAIN UTILITY EASEMENTS PREVIOUSLY RETAINED WITHIN VACATED PORTIONS OF 12^TH STREET AND THE ALLEY BETWEEN 12^TH STREET AND 11^TH STREET.

            WHEREAS, by Ordinance No. 1416, the City vacated the following property:

All that part of East 12^th Street located between Gellert Street and Reserve Street; and all that part of the alley between East 11^th Street and East 12^th Street and the alley between East 12^th Street and East 13^th Street; all located between Gellert Street and Reserve Street and all in the City of Hermann, Missouri as per plat thereof; and

            WHEREAS, Ordinance No. 1416 reserved perpetual utility easements for the City; and

            WHEREAS, the present owners of the property affected by these reserved utility easements have requested that the utility easements within the vacated portion of 12^th Street and the vacated alley between 12^th Street and 11^th Street, be vacated; and

            WHEREAS, the City intends to continue to retain a perpetual utility easement within the vacated alley between 12^th Street and 13^th Street.  This easement is not being released; and

            WHEREAS, the Board of Aldermen has determined that the release and vacation of said easements would serve a legitimate public purpose and is in the best interests of the citizens of the City of Hermann, Missouri.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF HERMANN, MISSOURI, AS FOLLOWS:

            SECTION ONE:  The City does hereby vacate, remise, release and forever quit claim all of the City’s interest in the utility easements within previously vacated 12^th Street and the alley that runs between 12^th Street and 11^th Street, all from the East line of Gellert Street to the West line of Reserve Street.

            SECTION TWO:  The City Clerk is hereby authorized and directed to have recorded in the Office of the Recorder of Deeds for Gasconade County, Missouri, a certified copy of this Ordinance.

            SECTION THREE:  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

            SECTION FOUR:  This Ordinance shall be in full force and effect from and after its passage and adoption.

First Reading:                                                            

Second Reading:                                                        

VOTE:

            Passed and approved this ___ day of __________________, 2012.

LARRY MISKEL, Mayor

_____________________________________

DOLORES GRANNEMANN, City Clerk

 FILENAME \p W:\G-H-I-J-K\HERMANN, CITY OF\ORD\2012\Ord 2012 - Vacate Utility Easements 12th & 13th St.docx