HomeMy Public PortalAboutORD13844 BILL NO. 2004-138 SubstKute by Sponsor
SPONSORED BY COUNCILMAN Martin
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A PORTION OF A RIGHT-OF-WAY ON A PORTION OF HART
STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR THE EXCHANGE OF PROPERTY BETWEEN THE CITY OF
JEFFERSON AND AMEREN UE.
WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that
the owners of land adjacent to and abutting upon a right-of-way in the City, have petitioned
the City Council to vacate right-of-way; and
WHEREAS, it has further been shown that it would not inconvenience the public or
the citizens of the City to discontinue a portion of a right-of-way for public use as described
in Section 1 of this Ordinance; and
WHEREAS, it has further been shown that it would not inconvenience the public or
the citizens of the City to discontinue a portion of the right-of-way for public use as
described in Section 1 of this Ordinance, subject to a reservation in the City of an
easement in that portion vacated for the maintenance, repair, location and relocation of all
sanitary sewer, surface water sewer or public utility facilities now existing or hereafter to
be constructed within said right-of-way.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Council of the City of Jefferson, Missouri, hereby declares it
necessary, reasonable and proper to discontinue as a right-of-way and forever vacate the
following described right-of-way in said City:
A part of the Hart Street right of way lying west of Lot 9, Block 2 and east of
Lot 1, Block 3, all in Wolff's Subdivision of part of the North Half of the
Northeast Quarter of Section 12, Township 44 North, Range 12 West, in the
City of Jefferson, County of Cole, as per plat of record in Plat Book 3, Page
22, of the Cole County Recorder's Office; being more particularly described
as follows:
BEGINNING at a point on the westerly line of said Lot 9, Block 2, of Wolff's
Subdivision, said point being 47.39 feet north of the southwest corner of said
Lot 9; thence S28d33'39"W, along the westerly line of said Lot 9, 47.39 feet
to the said southwest corner of said Lot 9, said corner being the intersection
of the easterly line of the Hart Street right of way and the northerly line of the
Missouri Pacific Railroad, Bagnell Branch; thence N64d49'34"W, along the
northerly line of said Missouri Pacific Railroad, 40.07 feet, to the intersection
of the southerly prolongation of the westerly line of said Hart Street right of
way and the said northerly line of the Missouri Pacific Railroad; thence
N28d33'39"E, along said southerly prolongation and the westerly line of said
Hart Street right of way, 39.43 feet, to the southerly line of an alleyway;
thence easterly along the southerly line of said alleyway on a curve to the left
having a radius of 270.92 feet, an arc distance of 41 .35 feet (the chord of
said curve being S75d54'36"E, 41 .31 feet), to the POINT OF BEGINNING.
Containing in all, 1714.8 square feet. more or less.
Section 2. All of that portion of the above vacated property is hereby retained as
a perpetual easement or right-of-way for the construction, maintenance, repair, relocation
and operation of sanitary sewers, surface water drainage, and all public utility facilities, and
no permanent buildings or structures shall be located within or upon said easement without
the prior written consent of the City.
Section 3. The statutory right of reversion in the owners of the abutting property is
hereby confirmed, as is provided by the laws of the State of Missouri, and the Mayor and
the Clerk of the City are hereby authorized to execute all necessary instruments required
to confirm the reversionary rights of the owners of property abutting on the area vacated,
as described in Section 1 of this ordinance, in the right-of-way vacated, subject to the
easement retained in Section 2,
Section 4. t�, bat+irtfidawr�ers t�avit�g tr�s#ered t+aei tt�terest 'rrthe pra}�ertq
to the Eitq-af-Jefferson, he-MMerr--ftnd-C-ity-C-taf -err hereby-r!uthofized-to-exeeate-e--deed
trtrrtsfe rtr►g-ti�►e--property—deset bed-ire-Exf�tbit-A;sabjeet-to-the-res#rietiorls-fierei�;-to
ererrIJE—i"xehfmge-for-th epropetty-deseribed-in-&+iibit-B,which-is-t$be-eonveyed
by-AfnererrUEtothe-Eity. The Mayor and City Clerk are hereby authorized to execute
an agreement, substantially in the form of Exhibit A, attached hereto and
incorporated by reference herein as if more fully and completely set out,transferring
certain property owned by the City, and including a portion of the property vacated
by this ordinance, to AmerenUE, in exchange for certain property owned by
AmerenUE,transferring certain other additional property presently owned by the City
to AmerenUE, and granting AmerenUE and easement for the purpose of maintaining
a pipeline over certain property owned by the City.
Section 5. The Mayor and City Clerk are further authorized to execute a
Special Warranty Deed or Deeds as provided in the Agreement, Exhibit A. The Mayor
and City Clerk are further authorized to execute a Quit Claim deed to AAA Masonry
for the remaining portion of the vacated right-of-way.
Section 5.6. This Ordinance shall take effect and be in full force from and after its
passage,
PASSED " �"f O r� APPROVED
Pres1 ng:Officer ' ,�° Mayor
ATTEST: APPHOVE�D AST ORM:
City CI rk Cit ounselor
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Ameren-JC prop En h Contind
CONTRACT FOR EXCHANGE OF REAL PROPERTIES
This contract is made and entered into by and between Union Electric Company, a
Missouri corporation, d/b/a AmerenUE (hereinafter "UE"), and the City of Jefferson, Missouri
(hereinafter"CITY")
1. PROPERTIES
(a) The property to be conveyed by UE to CITY hereunder is described at Exhibit A ("UE
Property").
(b)The property to be conveyed by CITY to UE hereunder is described at Exhibit B ("CITY
Property").
2. CONSIDERATION
In consideration of five dollars ($5.00) paid by UE and CITY, each to the other, the parties
agree to convey to one another, as hereinafter provided, the real properties described at Exhibits A
and B.
The consideration for the conveyance of the UE Property to CITY shall be the conveyance
of the CITY property to UE. The consideration for the conveyance of the CITY Property to UE shall
be the conveyance of the UE Property to CITY.
® 3. EFFECTIVE DATE
This contract shall be effective as of the date beneath the signature of the last party to sign.
4. SIMULTANEOUS TRANSFERS
Transfer of title to the UE Property and to the CITY Property shall take place at the closing
hereinafter set out and each is contingent on the other. Transfer of the UE Property shall be by
special warranty deed. Transfer of the CITY Property shall be by special warranty deed.
The title to the UE Property and the CITY Property shall be marketable in fact and free and
clear of all interests, liens and encumbrances except: (a) general taxes for the year in which the
closing takes place and subsequent years; (b) such restrictions and easements as, in UE's sole
judgment, will not impair UE's intended use of the CITY Property; and (c) such restrictions and
easements as, in CITY'S sole judgment, will not impair CITY'S intended use of the UE Property.
5. TITLE
(a) If, by reason of any fact or event occurring before the effective date of this contract, a
party's title has defects which cause it not to be merchantable or it is encumbered by restrictions or
easements which, in the other party's sole judgment, will impair the other party's use of the
property for its intended use, and if the party is unable, after diligent efforts, to cure or remove such
title defects, restrictions or easements, at or before closing, the other party shall have the right to
cancel this contract. In case of such cancellation, the section below entitled "Termination" shall
apply.
(b) If, after the effective date of this contract, a party takes any action which renders its title
unmerchantable or subjects its property to any restriction or easement which, in the other party's
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Amere".X Prop Exch Contract
sole judgment, would impair the other party's intended use of the property, the other party shall
have the right to cancel this contract. In case of such cancellation, the section below entitled
"Termination" shall apply.
(c) Any apparent encumbrance or defect in title which is the type or comes within the scope
of any of the Title Examination Standards of the Missouri Bar shall not constitute a valid objection,
provided that the party who shall convey property furnishes the affidavits, or other title papers, if
any, described in the applicable Title Examination Standard.
6. POSSESSION
Absolute and unqualified possession shall be delivered to the other party at the time of
closing. All personal property shall be removed from the properties.
7. HAZARDOUS SUBSTANCES/ENVIRONMENTAL CONTINOENCY
(a) CITY represents that to the best of its knowledge, information and belief, its property
has never been used for the manufacture, processing, treatment, storage or disposal of
substances classified as hazardous under any federal statute or regulation, Missouri statute or
regulation, or local ordinance. CITY warrants that during its term of ownership of its property it has
not been used for the manufacture, processing, treatment, storage or disposal of substances
classified as hazardous under any federal statute or regulation, Missouri statute or regulation, or
local ordinance. CITY shall hold harmless and indemnify LIE, its successors and assigns, against
any and all liabilities, costs and expenses incurred by UE due to a breach of the foregoing warranty
or due to a knowing misrepresentation of the facts hereinabove asserted.
(b) UE shall have the right but not the duty to cause to have made an environmental study
of the CITY Property. If UE elects to obtain an environmental study of the CITY Property, CITY
shall cooperate fully therewith and CITY shall answer questions and give such permissions for
entry and for sampling as may be reasonably required therefore.
(c) If UE determines that the environmental condition of the CITY Property may subject UE
or its successors in interest to unacceptable risks of liability or hazard or unacceptable costs to
ameliorate said environmental conditions, UE may, by notice to CITY given on or before the fifth
(5th) business day before closing, cancel this contract as provided at the section below entitled
"Termination."
(d) UE makes no representations or warranties respecting environmental conditions of the
UE Property.
(e) CITY shall have the right but not the duty to cause to have made an environmental
study of the UE Property. If CITY elects to obtain an environmental study of the UE Property, UE
shall cooperate fully therewith and UE shall answer questions and give such permissions for entry
and for sampling as may be reasonably required therefore.
(f) If CITY determines that the environmental condition of the UE Property may subject
CITY or its successors in interest to unacceptable risks of liability or hazard or unacceptable costs
to .ameliorate said environmental conditions, CITY may, by notice to UE given on or before the fifth
(5th) business day before closing, cancel this contract as provided at the section below entitled
"Termination."
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Ameren-X Prop Exch Contrail
8. OTHER SOIL TESTING
UE shall have the right, but not the duty, to have made such borings, soil and subsoil tests
of the CITY Property as UE may deem necessary or appropriate. If these disclose that the CITY
Property would not be fit for UE's intended use, UE may cancel this contract as provided at the
section below entitled "Termination." CITY hereby gives permission for making such borings, soil
and subsoil tests.
9. SURVEY
Either party, before closing, shall have the right but not the duty to have a survey made of
the other party's property. CITY and UE hereby give permission to the other party for making such
survey. If any survey discloses any inaccuracies of the description of the properties at Exhibits A
and B, the description based on the survey shall govern and shall be employed in the deed and
easement. If said survey discloses a substantial deviation from the descriptions at Exhibits A and B
which would impair the usefulness of a property for the party's intended use, the party may cancel
this contract as provided in the section below entitled "Termination."
10. TERMINATION
Whenever in this contract it is expressly provided that a party may terminate this contract,
said termination shall be by notice to the other party. In the event of such termination or in the
event a contingency has not been satisfied, or this contract, by its terms, shall lapse, expire, or
terminate, neither party shall have any further duties or liabilities hereunder; provided, however,
that the foregoing shall not relieve any party from the duty of due diligence and good faith hereby
assumed.
11. FOREIGN INVESTMENT PROPERTIES ACT CERTIFICATION
The parties hereby certify that neither is a foreign corporation under the Foreign
Investment Properties Act of 1980, as amended.
12. MECHANICS' LIENS AND TENANCIES
At or before closing, both parties shall furnish the other satisfactory assurances that there
are no accounts outstanding for which mechanics', materialmen's or other such liens could be filed
against the respective properties, as well as satisfactory assurance that there are no tenants who
have a right to possession of the properties.
13. CONDEMNATION
If, prior to closing, either the CITY Property or the UE Property or any portion thereof is
taken or threatened to be taken by eminent domain, the owner of such property will give the other
party prompt notice thereof and the other party shall have the right to terminate this contract by
notice to the owner of such property. In such event, this contract shall be of no further effect. If the
other party does not give such notice of termination, the parties shall go forward under this
contract, and the party which owns the property at the time of the taking by condemnation shall be
entitled to the condemnation award.
14. CLOSING
• Closing shall be during business hours on a business day no later than 120 days after the
effective date of this contract. The closing shall be at such time and place as the parties mutually
agree; provided that if no agreement is reached the closing shall be on the last business day
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Mnoron•JC Prop Gch Contrnd
before expiration of said 120-day period during business hours on a business day at such location
® of which UE gives advance notice to CITY hereunder.
15. CLOSING STATEMENT
UE shall be responsible for preparing the closing statements and delivering CITY copy to
them a reasonable time in advance of the closing. CITY shall provide UE with all information
respecting the CITY Property reasonably required therefore, including, without limitation, tax bills.
'The closing statement shall reflect all adjustments hereunder, including without limitation
adjustments for prorating taxes.
16. SPECIAL.ASSESSMENTS AND GENERAL TAXES
Each transferor shall be responsible for all special assessments which become liens on
property to be transferred to said party hereunder on or before the closing date of this contract.
Each transferor hereunder may satisfy its duty respecting any special assessments which become
liens on the property it shall transfer hereunder, before the closing date of this contract, by
crediting the amounts thereof to such other party in the closing statement.
General taxes for the year in which closing takes place shall be prorated on the respective
properties to the date of closing, and adjusted on the basis of 30 days to the month, transferor to
.have last day. Sewer, water and other such charges, if any, which do not lend themselves to
liquidation as of the date of closing shall be prorated in said manner.
® 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this contract.
18. NOTICES
Notice(s) provided for in this contract shall be in writing and shall be sufficient if personally
delivered or sent by ordinary US Mail, postage prepaid, to UE addressed as follows:
AmerenUE
Real Estate Department
101 Madison Street
P.O. Box 780
Jefferson City, Mo. 65102
and to CITY as follows:
City of Jefferson
320 East McCarty Street
Jefferson City. MO 65101
19. BROKERS' CLAIMS
Each party shall hold harmless and indemnify the other from and against any liabilities,
costs and expenses including without limitation attorneys fees which may arise out of any claim for
real estate agent's or broker's commission, finder's fee or the like, due to any act of said party or
any legal relationship between said party and any third person.
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AmerenJC Prop Etch Contract
20. EXHIBITS. HEADINGS
® All exhibits referred to in this contract are incorporated herein by reference. The headings
are for convenience and shall not be construed to vary the meaning of the text.
21. MEMORANDUM OF CONTRACT
If so requested by UE, CITY shall execute a Memorandum of this contract respecting the
CITY Property in form for recording.
22. SURVIVAL
The provisions in paragraph (a) of the section entitled "Hazardous
Substances/Environmental contingency," the section .entitled "Foreign Investment Properties Act
certification," and the section entitled "Broker's Claims" shall survive the closing.
3. ENTIRE AGREEMENT
'This instrument constitutes the entire agreement and may not be modified except by
agreement in writing signed by the respective parties' designees indicated in the"Notices" section
above.
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Amotan-X prop Exch Cordract
® IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed
on the dates hereinafter set out.
UNION ELECTRIC COMPANY, d/b/a AmerenUE
ATTEST:
�(•� TITLE Vice- Pre9 i J eh J
ASST ?CR�'ta;„� DATE 5114J O5
• CITY OF JEFFERSON
ATTEST:
DATE 1 1 'G�
APP OV kAjT0 OR M
r i
NATHAN NICKOLAUS
•
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Nnsren,JC Prop Hoch Cordract
EXHIBIT A
PART OF INLOT NO 612 IN THE CITY OF JEFFERSON, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID INLOT 612, 30 FEET
SOUTHERLY FROM THE NORTHEASTERLY CORNER THEREOF, THENCE SOUTHERLY
ALONG SAID EASTERLY LINE 39 FEET 4 Y2 INCHES; THENCE WESTERLY PARALLEL WITH
THE SOUTHERLY LINE OF SAID INLOT, 104 FEET 4 '/z INCHES, TO THE WESTERLY LINE
THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE, 69 FEET 4 % INCHES, TO
THE NORTHWESTERLY CORNER THEREOF; THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID INLOT, 44 FEET 4 Y2 INCHES; THENCE SOUTHERLY PARALLEL
WITH THE EASTERLY LINE THEREOF, 30 FEET;THENCE EASTERLY PARALLEL WITH THE
NORTHERLY LINE THEREOF, 60 FEET, TO THE POINT OF BEGINNING.
RESERVING AND ACCEPTING THEREFROM AN EASEMENT FOR A GAS REGULATOR
STATION TO BE LOCATED UPON THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID INLOT 612, 30 FEET
SOUTHERLY FROM THE NORTHEASTERLY CORNER THEREOF; THENCE SOUTHERLY
• ALONG THE EASTERLY LINE OF SAID INLOT 612 AND THE WESTERLY LINE OF ADAMS
STREET,A DISTANCE OF 20 FEET; THENCE WESTERLY PARALLEL WTH THE NORTHERLY
LINE OF SAID INLOT 612,A DISTANCE OF 15 FEET; THENCE NORTHERLY PARALLEL WITH
THE EASTERLY LINE OF SAID INLOT 612, A DISTANCE OF 20 FEET; THENCE EASTERLY
PARALLEL WITH THE NORTHERLY LINE OF SAID INLOT 612, A DISTANCE OF 15 FEET TO
THE POINT OF BEGINNING.
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A/nefen-JC Prop Cxch Cordrad
® EXHIBIT B
A TRACT BEING A PART OF THE HART STREET RIGHT OF WAY AS VACATED PER
ORDINANCE NO. 13844, OF THE CITY OF JEFFERSON, MISSOURI, A PART OF A 20 FOOT
WIDE ALLEY AS VACATED PER ORDINANCE NO. 3275, OF THE CITY OF JEFFERSON,
MISSOURI, AS RECORDED IN BOOK 76, PAGE 175, OF THE COLE COUNTY RECORDER'S
OFFICE, AND A PART OF LOTS 1 AND 2, BLOCK 3, ALL IN WOLFF'S SUBDIVISION OF PART
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 44
NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, COUNTY OF COLE, AS PER PLAT
OF RECORD IN PLAT BOOK 3, PAGE 22, OF THE COLE COUNTY RECORDER'S OFFICE;
SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE SOUTHWEST CORNER OF LOT 9, BLOCK 2, OF SAID WOLFF'S SUBDIVISION,
SAID CORNER BEING THE INTERSECTION OF THE EASTERLY LINE OF THE VACATED
HART STREET RIGHT OF WAY, AS PER ORDINANCE NO. 13844, OF THE CITY OF
JEFFERSON, MISSOURI, AND THE NORTHERLY LINE OF THE MISSOURI PACIFIC
RAILROAD, BAGNELL BRANCH; THENCE N64°49'34"W, ALONG THE NORTHERLY LINE OF
SAID MISSOURI PACIFIC RAILROAD, 20.03 FEET, TO THE INTERSECTION OF THE
CENTERLINE OF SAID VACATED HART STREET RIGHT OF WAY AND THE SAID
NORTHERLY LINE OF THE MISSOURI PACIFIC RAILROAD, THE POINT OF BEGINNING
FOR THIS DESCRIPTION; THENCE CONTINUING N64°49'34"W, ALONG THE NORTHERLY
LINE OF THE SAID MISSOURI PACIFIC RAILROAD, 20,04 FEET, TO THE INTERSECTION OF
THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID VACATED HART
STREET RIGHT OF WAY AND THE SAID NORTHERLY LINE OF THE MISSOURI PACIFIC
RAILROAD; THENCE CONTINUING N64°49'34"W, ALONG THE NORTHERLY LINE OF THE
SAID MISSOURI PACIFIC RAILROAD AND THE SOUTHERLY LINE OF THE VACATED 20
FOOT WIDE ALLEY AS PER SAID ORDINANCE NO. 3275, 53.03 FEET, TO THE EASTERLY
LINE OF THE RELOCATED HART STREET, AS REFERENCED IN ORDINANCE NO. 5810, OF
THE CITY OF JEFFERSON, MISSOURI AND RECORDED IN BOOK 138, PAGE 243, OF THE
COLE COUNTY RECORDER'S OFFICE; THENCE N28°33'00"E, ALONG EASTERLY LINE OF
SAID RELOCATED HART STREET, 38.42 FEET TO THE SOUTHERLY LINE OF AN
ALLEYWAY; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID ALLEYWAY ON
A CURVE TO THE LEFT HAVING A RADIUS OF 270.92 FEET, AN ARC DISTANCE OF 73.66
FEET (THE CHORD OF SAID CURVE BEING S68°04'41"E, 73.43 FEET), TO THE
INTERSECTION OF THE SOUTHERLY LINE OF SAID ALLEYWAY AND THE
AFOREMENTIONED CENTERLINE OF THE VACATED HART STREET RIGHT OF WAY;
THENCE S28 033'39"W, ALONG THE CENTERLINE OF SAID VACATED HART STREET
RIGHT OF WAY, 42.60 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL, 2832.3
SQUARE FEET, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS OF RECORD, BY USE, OR OTHERWISE IMPLIED.
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City of Jefferson
.john Landwehr
Mayor
STATE OF MISSOURI )
SS
COUNTY OF COLE )
CERTIFICATE
I, Phyllis Powell, City Clerk of the City of Jefferson, Missouri, hereby
certify that the attached are true and accurate photocopies of the following
record(s) of the City of Jefferson, Missouri:
'I. Ordinance No. 13844, enacted by the City of Jefferson,
Missouri on February 21, 2005, pages 1 through 3, with
associated attachment entitled"Contract for Exchange of Real
Property, pages 1 through a, for a total of 11 pages inclusive.
IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of
Jefferson, Missouri, on April 11,2005
(S E A L of the City of Jefferson)
Phyllis Powell, City Clerk
No. 200509qq9, Hk 518 Pg 235
State of Missouri, Cole County
RECORDED Apr 18, 2005 2:06:11 PM
Larry D. Rademan, Recorder of Deeds
' Fees $57.00
tr,r%
SEAL CA--t'
X11 � � �� Deputy