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HomeMy Public PortalAboutORD11145 BILL NO 88-132 SPONSORED BY COUNCILMAN SCHEULEN ORDINANCE NO. /// yf: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE VACATION OF RIGHT-OF-WAY IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI AND PROVIDING FOR THE EXECUTION OF APPROPRIATE DOCUMENTS INCLUDING AN AGREEMENT BETWEEN THE CITY AND WAL-MART PROPERTIES, INC. WHEREAS, the adjoining property owners have petitioned the City for the vacation of the below described right-of-way; and WHEREAS, the provisions set out below will adequately protect the public interest and provide for alternate traffic patterns; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue such right-of-way for public use as described in Section 1 of this Ordinance. 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, does hereby declare it necessary, reasonable and proper to discontinue as a right-of-way for a public street and forever vacate the following described street in said City: A 60 foot wide strip of land across a part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, the centerline of said 60 foot wide strip being more particularly described as follows: From the southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 11; thence S85°53159 11W, along the Quarter Section Line, 520.00 feet to the POINT OF BEGINNING for this centerline description; thence N05 0 3811211W, 195. 00 feet; thence Northwesterly, on a curve to the left, having a radius of 423.13 feet, a distance of 233.86 feet; thence N37°18'13"W, 116.83 feet; thence Northerly, on a curve to the right, having a radius of 404.42 feet, a distance of 233. 31 feet; thence N04°15'00 11W, 510.00 feet to a point on the southerly line of Missouri Boulevard, and the Point of Termination. • Section 2. No easements are retained across any portion of the tract described in the preceding section. Section 3. The Mayor and City Clerk are hereby authorized to execute any and all necessary legal documents between the City of Jefferson and the adjoining property owner or owners to convey any and all of the City's interest in said tract to them, provided all requirements of this ordinance have been met. Section 4. The conveyance authorized above shall not be made by the Mayor and City Clerk until such time as the attached document, designated "Attachment A", has been executed by Wal-Mart Properties, Inc. , obligating Wal-Mart Properties, Inc. , to satisfy the following conditions: A. Provide a public street access to the south of the tract being purchased by Wal-Mart Properties, Inc. , by providing a warranty deed to the City for street right- of-way which is sixty (60) feet wide extending from the south edge of the proposed Wal-Mart parking lot to the south property line having a center line which is approximately 620 feet west of the west curb of Stadium Boulevard. B. Prepare improvement plans for the street described above in subsection A in accordance with City standards. C. Perform all grading and storm drainage structure work for the street described at the time of building site preparation. D. Pave the street described as part of the construction project. E. Provide the City with a traffic impact study for the impact on both Stadium Boulevard and Missouri Boulevard from construction of the proposed facility within 60 days of the date of this agreement. F. Make whatever street improvements are necessary to increase the safety or capacity of Stadium Boulevard and Missouri Boulevard as shown by the impact study or as determined by the City of Jefferson. These improvements shall be made at the expense of Wal-Mart Properties, Inc. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed 4Q_L .,�¢.c_, l9, /Ss Approved id Officer ATTEST: City Clerk h ` BILL NO. 88-132 SPONSORED BY COUNCILMAN SCHEULEN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE VACATION OF RIGHT-OF-WAY IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI AND PROVIDING FOR THE EXECUTION OF APPROPRIATE DOCUMENTS INCLUDING AN AGREEMENT BETWEEN THE CITY AND WAL-MART PROPERTIES, INC. WHEREAS, the adjoining property owners have petitioned the City for the vacation of the below described right-of-way; and WHEREAS, the provisions set out below will adequately protect the public interest and provide for alternate traffic patterns; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to. discontinue such right-of-way for public use as described in Section 1 of this Ordinance. 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, does hereby declare it necessary, reasonable and proper to discontinue as a right-of-way for a public street and forever vacate the following described street in said City: » A 60 foot wide strip of land across a part of the Southwest Quarter of the Northwest Quarter of Section 11, » Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, the centerline of said 60 foot wide strip being more particularly described as follows: From the southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 11; thence S85°53 '59"W, along the Quarter Section Line, 520.00 feet to the POINT OF BEGINNING for this centerline description; thence N05 0 3811211W, 195.00 feet; thence Northwesterly, on a curve to the left, having a radius of 423. 13 feet, a distance of 233.86 feet; thence N37°18 '13"W, 116.83 feet; thence Northerly, on a curve to the right, having a radius of 404.42 feet, a distance of 233.31 feet; thence N04°15'00 11W, 510.00 feet to a point on the southerly line of Missouri Boulevard, and the Point of Termination. • ,Section�'2 . No easements are retained across any portion of the tract described in the preceding section. .... Section 3. The Mayor and City Clerk are hereby authorized to execute any and all necessary legal documents between the City of Jefferson and the adjoining property owner or owners to convey any _ and all of the City's interest in said tract to them, provided all requirements of this ordinance have been met. Section 4. The conveyance authorized above shall not be made by the Mayor and City Clerk until such time as the attached document, designated "Attachment A", has been executed by Wal-Mart Properties, Inc. , obligating Wal-Mart Properties, Inc. , to satisfy the following conditions: A. Provide a public street access to the south of the tract being purchased by Wal-Mart Properties, Inc. , by providing a warranty deed to the City for street right- of-way which is sixty (60) feet wide extending from the south edge of the proposed Wal-Mart parking lot to the south property line having a center line which is approximately 620 feet west of the west curb of Stadium Boulevard. B. Prepare improvement plans for the street described above in subsection A in accordance with City standards. C. Perform all grading and storm drainage structure work for the street described at the time of building site preparation. D. Pave the street described as part of the construction project. E. Provide the City with a traffic impact study for the impact on both Stadium Boulevard and Missouri Boulevard from construction of the proposed facility within 60 days ,of the date of this agreement. F. Make whatever street improvements are necessary to increase the safety or capacity of Stadium Boulevard and Missouri Boulevard as shown by the impact study' or as determined by the City of Jefferson. These improvements shall be made at the expense of Wal-Mart Properties, Inc. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed (9. Ilse Approved mod, 11fer / ` - �� id Of f icer ATTEST: r City Clerk STAT$ OF KI88OURI ) se. COUNTY OF COIL ) I, Brenda M. Cirtin, City Clerk within and for the City of Jefferson, in the County of Cole, State of Missouri, do hereby certify that the attached is a true and accurate copy of Ordinance 11145 of the City of Jefferson, Missouri, which is in effect at the date of this certification. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the of City of Jefferson, Missouri, at my office in said City this 10th day of October, 1988. �? Brenda M. Cirtin City Clerk jj i all 94'77 STA('E OF idi;;JOURI COUNTY COLE RE00RDED ON 88 DEC 20 AM 11 52 130010 312 PAGE �Zz D R NEWSAM. RECORDER DEBRA NW. DUM. 1�►`e r`cica �i r��� >C ma , ® AGREEMENT THIS AGREEMENT, made a t _ 1988. between Wal- Mart properties, Inc. , an Arkansas corporation authorized to do business in the State of Missouri, and the City of Jefferson, Missouri, a municipal corporation in the state of Missouri, witnesseth: WHEREAS, Wal-Mart Properties, Inc. , is engaged in the process of seeking to acquire certain property within the City limits of Jefferson City, Missouri, upon which right-of-way exists belonging to the City of Jefferson; and WHEREAS, Wal-Mart Properties, Inc. , desires to obtain the vacation of the right-of-way; and WHEREAS, the City of Jefferson seeks certain assurances and commitments on the part of Wal-Mart Properties, Inc. , to protect public access and to provide alternate means of ingress and egress upon the vacation of the right-of-way. NOW, THEREFORE, The parties agree as follows: Section 1. The City of Jefferson, Missouri, hereby agrees to vacate the following described right-of-way and to convey all right title and interest of the City of Jefferson to the adjoining property owner: A 60 foot wide strip of land across a part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, the centerline of said 60 foot wide strip being more particularly described as follows: From the southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 11; thence S85°53 '59"W, along the Quarter Section Line, 520.00 feet to the POINT OF BEGINNING for this centerline description; thence N05 0 3811211W, 195.00 feet; thence Northwesterly, on a curve to the left, having a radius of 423. 13 feet, a distance of 233.86 feet; thence N37 018 1 13"W, 116.83 feet; thence Northerly, on a curve to the right, having a radius of 404.42 feet, a distance of 233 .31 feet; thence N04°15'00 11W, 510.00 feet to a point on the southerly line of Missouri Boulevard, and the Point of Termination. Section 2. Wal-Mart Properties, Inc. , agrees in consideration for the vacation of the above described right-of-way and its conveyance to perform the following: A. Provide a public street access to the south of the tract being purchased by Wal-Mart Properties, Inc. , by ® providing a warranty deed to the City for street right- of-way which is sixty (60) feet wide extending from the south edge of the proposed Wal-Mart parking lot to the south property line having a center line which is approximately 620 feet west of the west curb of Stadium Boulevard. B. Prepare improvement plans for the street described above in subsection A in accordance with City standards. C. Perform all grading and storm drainage structure work for the street described at the time of building site preparation. D. Pave the street described as part of the construction project. E. Provide the City with a traffic impact study for the impact on both Stadium Boulevard and Missouri Boulevard from construction of the proposed facility within 60 days of the date of this agreement. F. Make whatever street improvements are necessary to increase the safety or capacity of Stadium Boulevard and Missouri Boulevard as shown by the impact study or as determined by the City of Jefferson. These improvements ® shall be made at the expense of Wal-Mart Properties, Inc. Section 3. It is agreed by and between the parties that no occupancy permit, temporary or permanent, shall be issued by the City for the site at Stadium Boulevard and Missouri Boulevard until such time as all of the items to be performed by Wal-Mart Properties, Inc. , as set out in this agreement have been performed. Section 4. This agreement shall be binding upon the successors and the assigns of the parties. Section 5. The contract shall be construed according to the laws of the State of Missouri. Section A. Wal-Mart Properties, Inc. , shall comply with all local, state and federal laws and regulations related to the performance of the contact to the extent that the same may be applicable. Section 7. All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Wal-Mart Properties, Inc. , at The Mitchell Building, 701 S. Walton Blvd. , Bentonville, Arkansas 72716. The date of delivery of any notice shall be the second full day after the day of its mailing. Section 8. IN TESTIMONY WHEREg', the parti s have hereunto set their hands and seals this .11 day of CITY OF JEFFERSON, MISSOURI By ATTEST: CITY CLERK WAL-MART PROPERTIES, INC. By TITLE: ATTEST: SECRETARY ATTACHMENT A AGREEMENT THIS AGREEMENT, made , 191&L between Wal- Mart properties, Inc. , an Arkansas corporation authorized to do business in the State of Missouri, and the City of Jefferson, Missouri, a municipal corporation in the state of Missouri, witnesseth: WHEREAS, Wal-Mart Properties, Inc. , is engaged in the process of seeking to acquire certain property within the City limits of Jefferson City, Missouri, upon which right-of-way exists belonging to the City of Jefferson; and WHEREAS, Wal-Mart Properties, Inc. , desires to obtain the vacation of the right-of-way; and a WHEREAS, the City of Jefferson seeks certain assurances and commitments on the part of Wal-Mart Properties, Inc. , to protect public access and to provide alternate means of ingress and egress r upon the vacation of the right-of-way. NOW, ' THEREFORE, The parties agree as follows: 1 Section 1. The City of Jefferson, Missouri, hereby agrees to vacate the following described right-of-way and to convey all right title and interest of the City of Jefferson to the adjoining property owner: A 60 foot wide strip of land across a part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, the centerline of said 60 foot wide strip being more particularly described as follows: From the southeast corner of the Southwest Quarter of the i Northwest Quarter of said Section 11; thence S85053159"W, w i along the Quarter Section Line, 520.00 feet to the POINT OF BEGINNING for this centerline descriptions thence N05°38'12"W, 195.00 feet; thence Northwesterly, on a curve to the left, having a radius of 423.13 feet, a distance of 233.86 feet; thence N37°18 0 13"W, 116.83 feet; thence Northerly, on a curve to the right, having a radius of 404.42 feet, a distance of 233.31 feet; thence N04°15'00 11W, 510.00 feet to a point on the southerly line of Missouri Boulevard, and the Point of Termination. Section 2. Wal-Mart Properties, Inc. , agrees in consideration for the vacation of the above described right-of-way and its conveyance to perform the following: { A. Provide a public street access to the south of the tract being purchased by Wal-Mart Properties, Inc. , by providing a warranty deed to the City for street right- of-way which is sixty (60) feet wide extending from the south edge of the proposed Wal-Mart parking lot to the south property line having a center line which is approximately 620 feet west of the west curb of Stadium Boulevard. B. Prepare improvement plans for the street described above in subsection A in accordance with City standards. C. Perform all grading and storm drainage structure work for the street described at the time of building site preparation. D. Pave the street described as part of the construction project. i E. Provide the City with a traffic impact study for the impact on both Stadium Boulevard and Missouri Boulevard from construction of the proposed facility within 60 days of the date of this agreement. F. Make whatever street improvements are necessary to increase the safety or capacity of Stadium Boulevard and Missouri Boulevard -as shown by the impact study or as determined by the City of Jefferson. These improvements shall be made at the expense of Wal-Mart Properties, Inc. Section 3. It is agreed by and between the parties that no occupancy permit, temporary or permanent, shall be issued by the City for the site at Stadium Boulevard and Missouri Boulevard until such time as all of the items to be performed by Wal-Mart Properties, Inc. , as set out in this agreement have been performed. Section A. This agreement shall be binding upon the successors and the assigns of the parties. Section 5. The contract shall be construed according to the laws of the State of Missouri. Section 6. Wal-Mart Properties, Inc. , shall comply with all local, state and federal laws and regulations related to the performance of the contact to the extent that the same may be applicable. Section 7. All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Wal-Mart Properties, Inc. , at The Mitchell Building, 701 S. Walton Blvd. , Bentonville, Arkansas 727169 The date of delivery of any notice shall be the second full day after the day of its mailing. Section S. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of , 19�. CITY OF JEFFERSON, MISSOURI By MAYOR ATTEST: CITY CLERK WAL-MART PROPERTIES, INC. By TITLE: ATTEST: SECRETARY