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ORDINANCE 2016-15 AN ORDINANCE VACATING, ABANDONING AND CONVEYING A PORTION OF THE NORTH FRONTAGE ROAD RIGHT-OF-WAY ADJACENT TO 203 W. YELLOWSTONE AVENUE AND 1910 DEMARIS STREET. WHEREAS, pursuant to Wyoming Statute § 15-6-104, the governing body of the City of Cody, Wyoming, may vacate streets or parts thereof; WHEREAS, Fred-T-Mac, LLC as owner of 1910 Demaris Street and Richard MacGregor and William Thielemann as owners of 203 W. Yellowstone Avenue, have submitted an application to vacate a portion of the North Frontage Road right-of-way immediately adjacent to their respective properties as further depicted on Exhibit A; WHEREAS, notice of a public hearing before the City Council to consider the vacation request was published in the Cody Enterprise and mailed to owners of property within 300 feet; WHEREAS, a public hearing was held on September 6, 2016 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 right-of-way vacation; WHEREAS, the Cody City Council has thoroughly reviewed the matter and deems that it is in the best interest of the public and the City of Cody to vacate and abandon the right-of-way requested, as described in Exhibit A; 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, WHEREAS, the vacation, abandonment and conveyance of the above-described properties is in the best interests of the public and the City of Cody, and will not be injurious, detrimental or inconvenient to the City of Cody, Wyoming or to the public, provided certain conditions are met as outlined below. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, WYOMING that: 1. Upon completion of Items and #4 below, and simultaneous therewith, the portion of the North Frontage Road right-of-way described in Exhibit A is vacated and abandoned by the City of Cody, Wyoming, excepting and reserving unto the City of Cody a utility easement over, under and across all of said property. The easement shall include the right of the City of Cody, Wyoming to excavate for, construct, install, operate, maintain, renew, replace, and repair water, electrical and other utility lines and other appurtenant hardware and fixtures related to such lines and utilities, together with the right of ingress and egress to and over such easement at any time for the purposes of patrolling, inspecting, repairing, building, maintaining and accessing such utility lines and related infrastructure, and further including the right to trim or cut down any trees, vegetation or shrubbery which may interfere with the maintenance or operation of such utility lines and related infrastructure. In addition, the easement shall specifically identify that no buildings or similar structures shall be placed in the utility easement and that all utilities shall be protected and fully accommodated during any development of the property by the landowner. Examples of such accommodations shall include maintaining minimum cover and ---PAGE BREAK--- clearance over and around the utility components, adjusting manholes and valves to any altered grades, and providing concrete collars around any manholes, inlets, or valves in any driving areas. 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 as noted above. The deed documents shall be provided by those receiving the land and be recorded with the County Clerk at their expense. Parcel A is to be conveyed to Fred-T-Mac, LLC as the adjacent landowner and merged therewith, and Parcel B is to be conveyed to Richard MacGregor and William Thielemann as the adjacent landowners and merged therewith. The parcels of vacated right-of-way are not to be conveyed separately from the property into which they are hereby merged. Furthermore, said deeds shall contain a restriction that no billboard or other form of off-premise advertising shall be placed on or above the vacated North Frontage Road right-of-way; provided, the existing Old Trail Town sign and any replacement sign thereof for Old Trail Town only shall be exempt from this restriction. The exemption shall not be transferrable. 2. Richard MacGregor and William Thielemann shall grant and record an access easement over and across the northeast corner of Parcel B, consisting of a triangle area, measuring at least 11.58 feet along the east property line and 20.78 feet along the north property line of Parcel B. The easement shall run with the land in perpetuity, and shall be for the benefit of the properties that have access to the connecting access easement, as shown on the plat of the Elsbury subdivision, recorded in Book E of plats, Page 194, records of Park County, WY; and as described in document #2002-7971, records of Park County, WY. 3. Richard MacGregor and William Thielemann shall grant and record a private utility easement over and across the east 20 feet of Parcel B. The easement shall run with the land in perpetuity, and shall be for the benefit of the properties that have access to the connecting utility easement to the north, as described in document #2002-7971, records of Park County, WY. 4. Fred-T-Mac LLC, and Richard MacGregor and William Thielemann shall grant and record a utility easement for PacifiCorp’s facilities, as requested by PacifiCorp. This ordinance shall become effective after final passage and publication in the Cody Enterprise. PASSED ON FIRST READING September 6, 2016 PASSED ON SECOND READING September 20, 2016 PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING October 4, 2016 READING Nancy Tia Brown, Mayor ATTEST: Cindy Baker, Administrative Services Director