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ORDINANCE 2014-14 AN ORDINANCE VACATING, ABANDONING AND CONVEYING A PORTION OF THE 14TH STREET RIGHT OF WAY ADJACENT TO 622 14TH STREET AND 1401 WYOMING AVENUE (LOT 8, BLOCK 2, 2ND ADDITION TO TOWN OF CODY). WHEREAS, pursuant to Wyoming Statute § 15-6-104, the governing body of the City of Cody may vacate streets or parts thereof; WHEREAS, David and Frances Masterman, owners of 622 14th Street (the north ½ of Lot 8, Block 2, 2nd Addition), and Arthur and Rita Lovell, owners of 1401 Wyoming Avenue (the south ½ of Lot 8, Block 2, 2nd Addition), have submitted an application to vacate a 4-foot wide portion of the 14th Street right of way immediately adjacent to these properties; WHEREAS, notice of a public hearing before the City Council to consider the vacation request was published in the Cody Enterprise on July 31, 2014, and mailed to owners of property within 300 feet on July 25, 2014; 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 east four feet of the 14th Street right-of-way adjacent to Lot 8, Block 2, of the Plat of 2nd Addition to the Town of Cody, and to convey the same to the adjacent properties 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 14th Street right-of-way to be vacated; except that portion occupied by the existing houses; 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 David and Frances Masterman upon completion of Conditions A and B noted herein, to wit: The east four feet of that portion of the 14th Street right-of-way within the Plat of 2nd Addition to the Town of Cody, lying adjacent to the North ½ of Lot 8, Block 2 of said plat. CONDITION A: David and Frances Masterman shall provide payment in the amount of $758.00. CONDITION B: David and Frances Masterman shall pay ½ of all publication fees related to 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 above- ---PAGE BREAK--- described real property, reserving unto the City and the south ½ of Lot 8, Block 2 of the Plat of 2nd Addition to the Town of Cody, a utility easement as described below: Description of utility easement: See Attached Exhibit A for the North ½ of Lot 8, Block 2. 3. The following described real property is hereby vacated and abandoned by the City of Cody, Wyoming and is hereby conveyed to Arthur and Rita Lovell upon completion of Conditions A and B noted herein, to wit: The east four feet of that portion of the 14th Street right-of-way within the Plat of 2nd Addition to the Town of Cody, lying adjacent to the South ½ of Lot 8, Block 2 of said plat. CONDITION A: Arthur and Rita Lovell shall provide payment in the amount of $707.00. CONDITION B: Arthur and Rita Lovell shall pay ½ of all publication fees related to this ordinance. 4. That upon completion of the conditions noted in #3 above, that the Mayor and City Clerk are hereby authorized and directed to convey by Quitclaim Deed the above- described real property, reserving unto the City a utility easement as described below: Description of utility easement: See Attached Exhibit A for the South ½ of Lot 8, Block 2. 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