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ORDINANCE 2014-17 AN ORDINANCE VACATING, ABANDONING AND CONVEYING A PORTION OF THE COUGAR AVENUE RIGHT-OF-WAY ADJACENT TO 2202 COUGAR AVENUE. WHEREAS, pursuant to Wyoming Statute § 15-6-104, the governing body of the City of Cody may vacate streets or parts thereof; WHEREAS, Lafe and Amy Shaw, as owners of 2202 Cougar Avenue, have submitted an application to vacate a portion of the Cougar Avenue right-of-way immediately adjacent to their property; WHEREAS, notice of a public hearing before the City Council to consider the vacation request was published in the Cody Enterprise on October 16, 21, and 23, 2014, and mailed to owners of property within 300 feet on October 16, 2014; WHEREAS, a public hearing was held on November 4, 2014 before the City Council at their regular meeting, as advertised, at which meeting the City Council heard comments from all persons wishing to speak for or against the requested street vacation; WHEREAS, the Cody City Council has thoroughly reviewed the matter and deems that it is in the best interest of the public to vacate and abandon the right-of-way requested, as described in Exhibit A, and to convey the same to the adjacent property owners upon the completion of certain requirements that are outlined forthwith; BUT RESERVING AND EXCEPTING unto the City of Cody, Wyoming a utility easement over and across all of the right-of-way to be vacated; and, reserving and excepting an easement and right of way for a public roadway over and across the east twenty feet of said land; and, WHEREAS, the vacation, abandonment and conveyance of the above-described property will not be injurious, detrimental or inconvenient to the City of Cody, Wyoming or to the public. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, WYOMING that: 1. The real property described in Exhibit A is hereby vacated and abandoned by the City of Cody, Wyoming and is hereby conveyed to Lafe and Amy Shaw upon completion of Conditions A and B noted herein. CONDITION A: Lafe and Amy Shaw shall provide payment in the amount of $520.00. CONDITION B: Lafe and Amy Shaw shall pay all publication fees related to adoption of this ordinance. 2. That upon completion of the conditions noted in #1 above, that the Mayor and City Clerk are hereby authorized and directed to convey by Quitclaim Deed the real property described in Exhibit A, reserving unto the City a utility easement over and across all of said property and an easement and right-of-way for a public roadway over and across the east twenty feet thereof. The deed document shall be provided by Lafe and Amy Shaw and recorded with the County Clerk at their expense. This ordinance shall become effective after final passage and publication in the Cody Enterprise. PASSED ON FIRST READING November 4, 2014 ---PAGE BREAK--- PASSED ON SECOND READING November 18, 2014 PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING December 2, 2014 Nancy Tia Brown, Mayor ATTEST: Cindy Baker, Administrative Services Director