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ORDINANCE 2014-15 AN ORDINANCE VACATING, ABANDONING AND CONVEYING A 10-FOOT WIDE ALLEY LOCATED SOUTH OF 1707 29TH STREET (LOT 71- 28A OF THE MCLAIN SUBDIVISION). WHEREAS, pursuant to Wyoming Statute § 15-6-104, the governing body of the City of Cody may vacate streets or parts thereof; WHEREAS, the Kruger Family Trust, as owners of 1701 and 1707 29th Street (Lot 71-28A of the McLain Subdivision) have submitted an application to vacate all or part of the 10-foot wide alley along the south side of said lot; WHEREAS, notice of a public hearing before the City Council to consider the vacation request was published in the Cody Enterprise and mailed to all neighboring property owners along the alley and in the vicinity; WHEREAS, a public hearing was held on August 19, 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 north five feet of the alley and convey the same to the adjacent property owner (Kruger Family Trust) 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 the portion of the alley to be vacated; except that portion occupied by the existing building; 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 following described real property is hereby vacated and abandoned by the City of Cody, Wyoming and is hereby conveyed to the Kruger Family Trust upon completion of Conditions A, B and C noted herein, to wit: The north five feet of the 10-foot alley along the south side of Lot 71-28A of the McLain Subdivision. CONDITION A: The Kruger Family Trust shall provide payment in the amount of $1,836.00. CONDITION B: The Kruger Family Trust shall relocate the electrical and cable services that serve the lot to the west (2808 Central Avenue) as specified by the utility providers, so that they are within the utility easement or alley and not over the building at 1707 29th Street. CONDITION C: The Kruger Family Trust is responsible for the publication costs related to adoption of this ordinance. ---PAGE BREAK--- 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 above- described real property (North five feet of the 10-foot alley), reserving unto the City and Lot 71-28B a utility easement as described below. Description of utility easement: See EXHIBIT A. This ordinance shall become effective after final passage and publication in the Cody Enterprise. PASSED ON FIRST READING August 19, 2014 PASSED ON SECOND READING September 2, 2014 PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING September 16, 2014 Nancy Tia Brown, Mayor ATTEST: Cindy Baker, Administrative Services Director