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