HomeMy Public PortalAboutORD11207 is BILL NO. 88-195
SPONSORED BY COUNCILMAN OWENS
ORDINANCE NO. 1/AD l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT WITH VON HOFFMAN
PRESS, INC. , RICHARD S. GRONER, JOANN C. GRONER, BERNARD J. GRONER,
DONNA J. GRONER AND JOHN W. GRONER FOR A BOUNDARY LINE ADJUSTMENT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Von Hoffman Press, Inc. ,
Richard S. Groner, Joann C. Groner, Bernard J. Groner, Donna J.
Groner and John W. Groner for the execution of a boundary line
adjustment.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed 1714 (elf S Approved /, Ife F
Sidi Officer 3 r
ATTEST:
City Clerk
.rrt.
BOUNDARY LINTS ADJUSTMENT AGREEMENT
THIS AGREEMENT made and entered into as of this __.L_ day of
1988, by and between VON HOFFMANN PRESS; INC. , a
Missouri corporation (hereinafter "VHP" ) , the CITY OF JEFFERSON,
MISSOURI, a Municipal Corportion (hereinafter "CITY" ) , and,
RICHARD S. GRONER and JOANN C. GRONER, husband and wife, BERNARD
J. GRONER and DONNA J. GRONER, husband and wife, and JOHN W.
GRONER, a single person (hereinafter "GRONERS" ) , all collectively
referred to as the "Parties" .
and,
WHEREAS, the CITY is the owner of a certain parcel of real
estate by virtue of a Deed recorded in Book 202, Page 624 of the
Cole County, Missouri Records, described in said Deed as follows:
® "Part of Fractional Section 2, Township 44, Range
12, Cole County, Missouri, more particulary described as
follows:
From the Southwest corner of said Section 2; thence
N 86 degrees 28' E, along the Section Line, 2626.41 feet
to the Southwesterly corner of a tract of land conveyed
to J. M. Wilson and Opal B. Wilson, his wife, by deed of
record in Book 108, Page 535, Cole County Recorder' s
Office, and the point of beginning for this description;
thence N 4 degrees 20 ' W, along the Westerly line of
said Wilson Tract, 1352.85 feet; thence S 57 degrees 52'
E, 712. 75 feet; thence S 68 degrees 53 ' E, 992.31 feet
to a point on the West line of a tract of land decreed
by the Circuit Court to be in the name of Louis Brunner
by instrument of record in Book 113 , Page 293, Cole
County Recorder' s Office; thence S 2 degrees 58 ' E,
along the West line of said Brunner Tract, 491.60 feet
to the North line of U.S. Route 50; thence Westerly on a
curve to the left, having a radius of 3,014.93 feet, a
distance of 582.42 feet, to the Section Line; thence S
86 degrees 28 ' W, along the Section Line, 876.69 feet to
the point of beginning. Containing in all, 28.81 acres
more or less. Bearings are magnetic. "
and,
WHEREAS, VHP is the Lessee of the above described parcel of
real estate owned by CITY by virtue of a Lease between the CITY
and VHP recorded in Book 202, Page 645 of the Cole County,
Missouri Records; and,
WHEREAS, RICHARD S. GRONER, BERNARD J. GRONER and JOHN W.
GRONER are the owners of a certain parcel of real estate by
virtue of a Sheriff' s Deed recorded in Book 304 Page 515 of the
Cole County, Missouri Records, described in said Sheriff' s Deed
as follows:
"Part of the Southeast quarter of the Southwest
quarter of Section 2, Township 44, Range 12, and part of
the Northeast quarter of the Northwest quarter of
Section 11, Township 44, Range 12, in the City of
Jefferson, Missouri, more particularly described as
follows:
® Beginning at the Northeast corner of the Northeast
quarter of the Northwest quarter of said Section 11;
thence West along the Section line, 103.6 feet; thence
North parallel with the West line of the Southeast
quarter of the Southwest quarter of said Section 2,
801. 9 feet; thence West parallel with the South line of
said Section; 736.9 feet; thence South parallel with the
West line of the Southeast quarter of the Southwest
quarter of Section 2, and the West line of the Northeast
quarter of the Northwest quarter of Section 11, to the
Northerly line of a tract conveyed to the State of
Missouri for U. S. Highway Route 50, by conveyance of
record in Book 186, Page 693, Cole County Recorder' s
Office; thence Northeasterly along the said Northerly
line of Route 50, to the East line of the said Northeast
quarter of the Northwest quarter of Section 11; thence
North along the said East line, to the point of
beginning. "
and,
WHEREAS, the Western boundary line of the CITY parcel leased
to VHP adjoins the Eastern boundary line of the GRONERS' parcel;
. and,
2
® WHEREAS, the existing common boundary line between the
parcels as described in the deeds herein referred to contains
certain inconsistencies which the parties would like to correct;
and,
WHEREAS, the parties hereto, being uncertain as to the exact
location of the common boundary line desire to establish the
common boundary line conclusively by this Agreement.
NOW, THEREFORE, for Ten Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, and in further consideration of the mutual promises
herein contained, the parties agree as follows:
1. The Western boundary line of the CITY parcel leased to
VHP and the Eastern boundary line of the GRONERS' parcel shall be
as shown on the survey of Central Missouri Professional Services,
Inc. dated March, 1988, a copy of which is attached hereto and by
this reference made a part hereof as Exhibit "l" .
2. The adjusted Western boundary line of the the CITY parcel
leased to VHP and the Eastern boundary line of the GRONERS'
parcel shall be described as follows:
"From the southwest corner of Fractional Section 2,
Township 44 North, Range 12 West, in the City of
Jefferson, Cole County, Missouri; thence N86 degrees O1'
46 11E, along the south line of said Fractional Section 2,
1363.18 feet to the southwest corner of the Southeast
Quarter of the Southwest Quarter of said Fractional
Section 2; thence N86 degrees 06' 19 11E, along the south
line of said Fractional Section 2, 1266.57 feet to the
easterly line of a tract described by deed of record in
Book 304, Page 515, Cole County Recorder' s Office and
the POINT OF BEGINNING for this boundary line adjustment
description, at a point that lies S86 degrees 06 ' 19 11W
of, and 103.60 feet from a concrete monument at the
. South Quarter Corner of said Fractional Section 2;
3
thence NO5 degrees 03 ' 57"W, along the east line of said
tract in Book 304, Page 515, and parallel with the west
line of the Southeast Quarter of the Southwest Quarter
of said Fractional Section 2, 774.54 feet to a point on
the south line of a tract described by deed of record in
Book 204, Page 554, Cole County Recorder's Office and
the POINT OF TERMINATION of this boundary line
adjustment description, at a point S86 degrees 28' 02"W,
and 9.83 feet from an Iron Pin marking the southeast
corner of said tract in Book 204, Page 554.
3. CITY (with respect to the CITY parcel leased to VHP) does
hereby release, remise and forever quit claim unto GRONERS, their
heirs, successors and assigns, any interest which CITY may have
in any piece, parcel or strip of land located immediately to the
West of the adjusted boundary line and which adjoins the GRONER
parcel as described above, and as shown on Exhibit "1" attached
hereto.
4. GRONERS do hereby release, remise and forever quit claim
® unto CITY (with respect to the CITY parcel leased to VHP) , their
successors and assigns, any interest which GRONERS may have in
any piece, parcel or strip of land located immediately to the
East of the adjusted boundary line and which adjoins the CITY
parcel leased to VHP as described above, and as shown on Exhibit
111" attached hereto.
5. The above mentioned Lease by and between VHP and CITY is
hereby modified and amended to reflect the boundary adjustment
described herein.
6. VHP shall be responsible for any costs incurred in
connection with the survey which is attached hereto and
incorporated herein as Exhibit 111" and the preparation and
recording of this Agreement.
4
7. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their heirs, successors, personal
representatives and assigns and any person or entity which at any
time hereafter shall become an owner of any part of the
properties affected hereby.
8. All parties hereto represent and warrant that they have
authority to enter into this Agreement and bind themselves, their
heirs, successors, personal representatives and assigns to the
terms hereof.
9. All parties agree to execute any and all other documents
as may be necessary to fully realize the intent of the parties
herein.
10. This Boundary Line Adjustment Agreement has been made and
entered into in the State of Missouri, and shall be construed in
accordance with the laws of the State of Missouri.
IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year first above written.
VON HOFFMANN PRESS, INC.
By:
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Its:
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CITY OF JEFFERSON
By
dr
Attest::
'yC iJty-
,cls' RICHARD S. GRONER
JQbNN C. GRON
ERNARD J. GWMER
DON J G ONER
J N W. GRONER
® STATE OF MISSOURI )
SS
COUNTY OF ST. LOUIS )
On this IgTH day of A"e—t IWL), 1988, before me appeared
FRANK A. ,BowmA� to me personally known, who, being by
me duly sworn, did say that he is the RR 51DEr1-- of VON HOFFMANN
PRESS, INC. , a Corporation of the State of Missouri , and that the
seal affixed to the foregoing instrument is the corporate seal of
said Corporation, and that said instrument was signed and sealed
in behalf of said Corporation, by authority of its Board of
Directors; and said Q0 K A. POC)MAd acknowledged
said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal in the County and State aforesaid, the ;;:, ,•
day and year first above written.
Notary #ablic '� :�;';.�:k;.����,,,: . :•
NorA A. 13,471, �w -
RY��i HC G� L� .•1 � '''r�
M Term Expires:res: MY ' ����� STATE R", ' ' 9' :•
Y P S 3'89 �OMMISSlON
EXPIRES
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STATE OF MISSOURI )
SS
COUNTY OF COLE )
j u ct
On this ' `"day of o x4", before me appeared
to Ime personally known, who, being by
me duly sworn, did say that W;''is the 'hkat,, of
the CITY OF JEFFERSON, a Municipal Corporat on of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the corporate seal of said Municipal Corporation, and that
said instrument was signed and sealed in behalf of said Municipal
Corporation, and said off. acknowledged
said instrument to be the fr a act and deed of said Municipal
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal in the County and State aforesaid-;`,',k-a6
day and year first above written. ...... •.
;y •"''" �1VOTARY PUBLIC
BONNIE ':1' Ctt
' C R
COLE GX? 6%91
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Notary Public °
BONNIE K. SCN?^""' '11.7,'Py PUBLIC %?�' • . •'��;r
My Term Expires: COLE COU!: ' •VS OUR1
+ i„ S
MY C0MA,,-i,1,.". 4•i76l91 „ ...Ilt,tt
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STATE OF MISSOURI )
SS
COUNTY OF le-
on this ,;IS day of 1988, before me personally
appeared RICHARD S. GRONER, to me known to be the person
described in and who executed the foregoing instrument, and
acknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and-,--
year first above written.
Notary Public ,, k'
t+r n.• ..
My Term Expires: ,(�CCCr�76Cr 2U, i9ga ��•;a- �"',
7
® STATE OF MISSOURI )
SS
COUNTY OF /e. )
On this 2? day of Qecemder , 1988, before me personally
appeared JOANN C. GRONER, to me known to be the person described
in and who executed the foregoing instrument, and acknowledged
that she executed the same as her free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and;,.,,,;;;
year first above written. /� ;:•� �, s'.
Notary Public
My Term Expires: .f ce-err>6er'- go, /y90 � •`o r �c;
STATE OF MISSOURI ) .•.•ST`S
•I'-+
SS
COUNTY OF G'O le-
On this z 3 day of Occcm6c/. 1988, before me personally
appeared BERNARD J. GRONER, to me known to be the person
described in and who executed the foregoing instrument, and
eacknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and
year first above written.
Notary Public
My Term Expires:
.:,,n',w .� mil ♦ i�a � � .
Cr •• rC
STATE OF MISSOURI ) ` ��"� SJP,t�
SS
COUNTY OF l"e% )
On this 2 3 day of 1988, before me personally
appeared DONNA J. GRONER, to me known to be the person described
8
® in and who executed the foregoing instrument, and acknowledged
that she executed the same as her free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and
year first above written.
Notary Public �,• �-�° �:
My Term Expires: ,6�ece.-nhe-- ZO,/`1�7 U _.5• r;�' .�
STATE OF MISSOURI `:G '• j~
SS 'r;; •S T1)
COUNTY OF O le-- ) ' '.. '�n,,,. '
On this Z 3 day of ���ernh«, 1988, before me personally
appeared JOHN W. GRONER, a single person, to me known to be the
person described in and who executed the foregoing instrument,
and acknowledged that he executed the same as his free act and
deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and
year first above written.
Notary Public �: '•� '
My Term Expires:
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