Loading...
HomeMy Public PortalAboutORD11231 BILL NO. 99-24 Adolk qW SPONSORED BY COUNCILMAN VEILE ORDINANCE NO. //.2 ,y / AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE SALE OF PROPERTY IN WASHINGTON PARK. 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 the Missouri Highway and Transportation Department for the sale of property in Washington Park and any and all documents necessary to convey the property. 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 S-, Approved �Y - 7, /?�S esi g Officer yor ATTEST: 1)7. d36- City Clerk CERTIFICATE OF DISBURSEMENT OF FUNDS County Cog Route 54 Project J--5 U054(258) R/�t Tract No. 82 & 99 A. The undersigned Escrow Agent hereby acknowledges receipt of State Treasurer's Check No. 3645300 , dated 6-29-89 ' 19 , in the amount of $ Z260.00 ,as payment for the right-of-way on thabove-tract. Owners: City of Jefferson, Missouri DISTRIBUTION OF PAYMENT ITEM AMOUNT Payment - Dead of Trust in Book Page Payment - Deed of Trust in Book Page Taxes: County City Payoff to Lessee Other Other Retained by Escrow Agent for Removals and/or Possession Amount Due Owners 2200.00 Total $ 2200.00 The undersigned Escrow Agent hereby certifies that the above distribution of payment is a true and correct report of funds as of this date July 14, 19 9. The undersigned owners acknowledge receipt of $ 2200. the amount due as of this date July 14 19 pity of Jefferson, Missouri By er, Mayor 1 Brenda M. Curtin, City Clerk cole County Abstract Real & Insurance Co. Donald J. FeWuson ESCROW A ENT REMARKS; Distribution by Escrow Agent: One Completed Copy to Owner One Completed Copy to District Office Route 54 County Cole-Callaway Project J--S U054(258)R/W Parcel 82 and q9A GENERAL WARRANTY DEED THIS INDENTURE, made this 17th day of May , 1989 , by and between of e u �y f �7c , , a d Sta of ,' , part of the first part, and the STATE OF MISSOURI, acting by and through the MISSOURI 1 HIGHWAY AND TRANSPORTATION COMMISSION, party of the second part. WITNESSETH, that the said part`/ of the first part, in consideration og the sum of Two Thousand Two Hundfed and no/100----------------------rte-- -----------------------------------------------------($2,200.00) DOLLARS, to paid by the said party of the second part, the receipt of which is hereby acknowledged, do c:) by these presents grant, bargain and sell, convey and confirm unto said party of the second part, its successors and assigns, the following described real estate and interests in real estate in the County of Cole , State of Missouri, to wit: A part of Grantors land in the El of the SEI of Section 12, T 44 N, R 12 W, for U.S. Highway Route 54, more particularly described as follows: All the land of said Grantors which lies within a tract of land described IRMW as follows: Beginning at a point on the centerline of Ramp 1 at Station i 4+39,09; thence in a southwesterly direction at right angles to said centerline, a distance of 40 feet; thence in a southeasterly direction on a direct line to a point, said point being 40 feet right or southwesterly of and at right angles to said centerline opposite Station 6+56; thence in a southerly direction on a direct line to a point, said point being 100 feet right or southwesterly of and at right angles to said centerline opposite Station 7+40; thence in a southeasterly direction on a direct line to a point, said point being 90 feet right or southwesterly of and at right angles to said centerline opposite Station 8+00; thence in a southerly direction on a direct line to a point, said point being 83.67 feet right or west of and at right angles to said centerline opposite Station 9+10; thence in an easterly direction, a distance of 83,67 feet to a point on said centerline at Station 9+10; thence in a northwesterly direction along said centerline, a distance of 470.91 feet to the point of beginning. Also all the land of said Grantors which lies west of U.S. Highway Route 54 and left or northeast of the centerline of Ramp 1 at Station 5+00 of said Ramp 1 to Station 7+50 of said Ramp 1, a centerline distance of 250 feet. Also all the land of said Grantors which lies within the following described strips: A strip of land lying on the left or east side of and adjoining the centerline of U.S. Highway Route 54 being 294 feet wide at Station 27+80 and narrowing on a direct line to a strip of land 172 feet wide at Station 29+12.23, a centerline distance of 132.23 feet; thence narrowing uniformly to a strip of land 145 feet wide at Station 29+48,5, a centerline distance of 36.27 feet; thence narrowing uniformly to a strip of land 100 feet wide at Station 30+80, a centerline distance of 131.5 feet. Also all the land of said Grantors which lies right or southwest of Dunklin Street, left or northwest of the centerline of Ramp 3 and left or east of U.S, Highway Route 54 from Station 26+00 of U.S. Highway Route 54 to Station 27+80 of U.S. Highway Route 54, a centerline distance of 180 feet. Containing 46,234 square feet now right of way, more or less. Also all abutters$ rights of direct access between the highway now known as U.S. Highway Route 54 and Grantors abutting land in the E) of the SE) of Section 12, T 44 N, R 12 W. Form 4-7.1a Rev. 1-1-80 Cole-Callaway Counties . . Route 54 Project J--5 U054(258)R/W ® Parcels 82 and 99A Page 2 °k°t:•: The centerline of Ramp 1 is described as follows: From an iron pin at the northwest corner of Lot 1 of Outlot No. 3 in the City of Jefferson u, Missouri; thence N 14' 54' 21" W, 1,242.72 feet to a point on the centerline of U.S. Highway Route 54 at Station 33+00; thence N 5' 57' 19" E, 89.61 feet to Station 32+10.39; thence N 84' 02' 41" W, 39 feet to a point on the centerline of Ramp 1 at Station 10+02.33; thence on a 447.34 foot 12' curve to the left (said curve being tangent to a line bearing N 5' 57' 19" E) 92.33 feet to Station 9+10 the point of beginning; thence continuing on said 12' curve to the left, 355.01 feet; thence N 47 43' 35" W, 115.9 feet to Station 4+39.09. The centerline of U.S. Highway Route 54 is described as follows: From an iron pin at the northwest corner of Lot 1 of Outlot No. 3 in the City of Jefferson, Missouri; thence N 14' 54' 21" W, 1,242.72 feet to a point on the centerline of U.S. Highway Route 54 at Station 33+00; thence N 5' 57' 19" E, 220 feet to Station 30+80 the point of beginning; thence continuing N 5' 57' 19" E, 167,77 feet; thence on a 498.67 foot 1' 15" curve to the left, 312.23 feet to Station 26+00. Yt .r4 r. 11: 1 TO HAVE AND TO HOLD the same, with all rights, privileges,appurtenances,and immunities thereto belonging or in anywise appertaining,unto said party of the secood part,It successor and asslgru forever;the Wd put Of the tint part hereby covenanting that �. lawfully seized of an Inds ulble elute In tea In the premises herein conveyed; that ham good r t to convey the awo;that the said pro are free and clear of any encumbrpn es done or suffered by or those under whom claim; and that _ will warrant and defend the title to vid premises unto sold Pwty of second part, and unto Its successors and assigns, forever, against the lawful claims and demands of all Persons howsoever. IN WITNESS WHEREOF, the said part _ of the first part he�� executed the above the`'da and ear firs above written. _ � - or _ y 1 •1 STATE OF —44; ) ACKNOWLEDGMENT BY INDIVIDUALS u. County of _ ) On this- ay of r4. - , before me Personally appeared to me known to be the person_described in and who executed the foregoing Instrument,who,being by me duly sworn,acknowledged that executed the same as 't'<-­ free act and deed,and for the consideration stated therein and no other. And the said further declared to be single and unmarried. 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. My term expires 19_ Notary Public STATE OF ) ACKNOWLEDGMENT BY CORPORATION ss. County of wo ) On this"? da of / `t 2- 19 , before me appeared to me personally known,who,being by me duly sworn, did state thatshe is the %1l,t q g"_ Of and that the eel affixed-to-L11% 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 for the consideration stated therein and no other, and said )ILA as ti acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal In the County and State aforesaid, the day and year first above written. r ' My term expires 19 ; BONNIE K. SCHRODER NOTARY PuBI.Ifr- MY COMBS ICNTfEXPIRESy1 1 4/16/91 Notary Publl Ov v v e in in v ,v O Z2 o w °2'• a O ►a � v. � m 7 � S W in W t Ft a W 0 g � Rev. 1-1-80 ROUTE 54 COUNTY Cole-Callaway PROJECT J--5 U05 25 PARCEL 2 and 99A ESCROW AGREEMENT This Escrow Agreement, made and entered into this /7 day of AQ1,C4 19 �, by and between the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, party of the first part (herein called "Commission"), and Owners, Mortgagee, County Collector of County, Missouri, City Collector of , Missouri, herein collectively called "Second Party," and ____ , herein call "Escrow Agent," Witnesseth: Whereas Owners own the following described property located in Cole County, Missouri: See attached sheet. f. ;.r Form 4-7.4 - 1 - Rev. 5-1-86 ws�r ► A part of Grantors land in the E1 of the SEI or Section 12, T 44 N. R 12 W, for U.S. Highway Route 54, more particularly described as follows: All the land of said Grantors which lies within a tract or land described as follows: Beginning at a point on the centerline or Ramp 1 at Station 4+39.09; thence in a southwesterly direction at right angles to said centerline, a distance or 40 feet; thence in a southeasterly direction on a direct line to a point, said point being 40 feat right or southwesterly of and at right angles to said centerline opposite Station 6+56; thence in a southerly direction on a direct line to a point, said point being 100 feet right or southwesterly of and at right angles to said centerline opposite Station 7+40; thence in a aouthensterly direction on a direct line to a point, said point being 90 feet right or southwesterly or and at right angles to said centerline opposite Station 8+00; thence in a southerly direction on a direct line to a point, said point being 83.67 feet right or west of and at right angles to said centerline opposite Station 9+10; thence in an easterly direction, a distance or 83.67 rest to a point on said centerline at Station 9+10; thence in a northwesterly direction along said centerline, a distance or 470.91 feet to the point of beginning. Also all the land of said Grantors which lies went of U.S. Highway Route 54 and left or northeast or the centerline of Ramp i at Station 5+00 of said — Ramp 1 to Station 7+50 of said Ramp 1, a centerline distance or 250 feet. Also all the land of said Grantors which lies within the following described strips: A strip of land lying on the left or east aide of and adjoining the centerline of U.S. Highway Route 54 being 294 feet wide at Station 27+80 and narrowing on a direct line to a strip of land 172 feet wide at Station 29+12.23, a centerline distance of 132.23 feet; thence narrowing uniformly to a strip of land 145 feet wide at Station 29+48.5, a centerline distance of 36.27 feet; thence narrowing uniformly to a strip or land 100 feet wide at Station 30+80, a centerline distance or 131.5 feet. Also all the land of said Grantors which lies right or southwest of Dunklin Street, left or northwest of the centerline of Ramp 3 and left or east of U.S. ANk Highway Route 54 from Station 26t00 of U.S. Highway Route 54 to Station 27+80 of U.S. Highway Route 54, a centerline distance of 180 feet. Containing 46,234 square feet new right of way, more or less. Also all abutters' rights of direct access between the highway now known as U.S. Highway Route 54 and Grantors abutting land in the E} of the SEI of Section 12, T 44 N, R 12 W. The centerline of Ramp 1 is described as follows: From an iron pin at the northwest corner or Lot 1 of Outlot No. 3 in the City of Jefferson Missouri; thence N 14' 54' 21" W, 1,242.72 feet to a point on the centerline of U.S. Highway Route 54 at Station 33+00; thence N 5' 57' 19" E, 89.61 feet to Station 32+10.39; thence N 84' 02' 41" W. 39 feet to, a point on the centerline or Ramp 1 at Station 10+02.33; thence on a 447.34 foot 12' curve to the left (said cu^ve being tangent to a line bearing N 5' 57' 19" E) 92.33 feet to Station 9+10 the point of beginning; thence continuing on said 12' curve to the left, 355.01 feet; thence N 47' 43' 35" W, 115.9 feet to Station 4+39.09. The centerline of U.S. Highway Route 54 is described as follows: From an iron pin at the northwest corner or Lot 1 of Outlot No. 3 in the City or Jefferson, Missouri; thence N 14' 54' 21" W, 1,242.72 feet to a point on the centerline of U.S. Highway Route 54 at Station 33+00; thence N 5' 57' 19" E, 220 feet to Station 30+80 the point of beginning; thence continuing N 5' 57' 19" E, 167.77 feet; thence on a 498.67 root 1' 15" curve to the left, 312.23 feet to Station 26+00. it f. ► p ' k ti { i , e�■�r Whereas, Commission has agreed with Owners to purchase said property, and Whereas, Owners are agreeable to conveying said property to Commission. t Now, therefore, it is agreed by and between the parties as :., follows: 1. The consideration for the conveyance is gt,o_m►, mga.,.3 �aa Hundred—endno!L 00----...=-----_ Dollars (S2.�tL Qn ) and Owners hereby deliver to Escrow Agent a properly executed and acknowledged warranty deed dated the day of , 19 , conveying the above—described property, which deed shall be delivered to Commission by the Escrow Agent upon Commission's delivering to Escrow Agent the specified purchase price. The purchase prics to be delivered o Escrow Agent by Commission on or before the day of 2. Escrow Agent shall withhold the sum of Dollars ($ �dC in 1, ) to insure that Owners do, on or before the time describe paragraph S, remove any and all buildings (to foundation level), equipment or appurtenances hereinafter described in paragraph 3 in complete compliance with all ordinances, regulations, .,rules and laws pertaining to such removal, and surrender peaceable possession to Commission. If said buildings, equipment and appurtenances are removed and peaceable possession surrendered to Commission within the time specified, then Commission will notify the Escrow Agent and the Escrow Agent will thereupon release to Owners the amount withheld as above specified. If Owners fail or refuse to remove such buildings, equipment and appurtenances and surrender peaceable possession to Commission within the time specified, then the amount _ withheld as herein specified shall be refunded by the Escrow Agent to Commission and all buildings, equipment and appurtenances shall become the property of Commission and Commission shall have the right to dispose of same without in any manner accounting to Owners. 3. Owners shall have the right and obligation to remove the following described buildings, equipment and appurtenances from the land heretofore described. (If no buildings, equipment or appurtenances are described in this paragraph, then all such items located upon the land heretofore described shall become the property of Commission upon the completion of this transaction whether or not such buildings, equipment and appurtenances are described in the deed of conveyance.) 4. The undersigned mortgagee covenants that is the al holder of a note or notes a tio�ned in a deed of trust records in Book , page , in the office ofd a Recorder of eda for County, Missouri, and further eenan that he/it/they will, upon the closing of this transaction and nt of balance due on said note, present said note and deed of at for !ae ification In the office of the Recorder of Deeds for Count , end will do all things necessary �The said property of record from said do d of trust. dersigned m ortgagee covenants that Is the legal hol ' 4 ti �� �. Form 4-7.4 snow 7a note or notes mentioned in a deed of trust recorded in Book at pa ge �eoffice of the Recorder of Deede f unty, Missouri, ther pant will subordinate to the Commission an at've the priority of the lien of s deed of trust or mortga i said land, property and rights herein describe herwise, perly release said land, property and rights from said deed of tru t-1 S. Owners hereby agree to vacate and give peaceable possession of said above-described property to Commission within ninety (90) days after the first day of the first calendar month following the payment of the consideration specified in paragraph 1 above by Commission to Escrow Agent. The Owners hereby waive all statutory and common law notice to vacate said premises and, as a further consideration for this agreement, do hereby consent that Commission may institute all necessary legal proceedings to obtain possession of the property at any time after Commission becomes entitled to possession of said property under this agreement. 6. The Escrow Agent, in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, hereby accepts the deed of conveyance from Owners to Commission and agrees to hold same in escrow and upon receipt from Commission within the period specified herein of the purchase price for the property by a draft made payable to the Escrow Agent for Second Party and agrees upon receipt of said payment to deliver said deed to Commission and promptly pay over to Owners said purchase price less deductions necessary for the payment of taxes, liens and encumbrances which may be pending or are due and payable at the time of closing and also less any amount to be withheld as set out in paragraph 2 hereof. 7. Escrow Agent agrees to furnish to Commission two certified copies of the deed of conveyance and other related documents including copies of this agreement for use in securing payment of the purchase price. (The use of singular nouns or pronouns shall be construed as plural and the use of plural nouns or pronouns shall be construed as singular where applicable.) MISSOURI HIGHWAYS AND TRANSPORTATION ?� COMMISSION BY: RIGHT-OF-WAY NE 0 IATOR ESCROW ACENT1 1 By: Signatures of Owners Address Phone No. X i � �! 11'. .��� Sao C. �tC4,_.�- 3�y•G3�{-G31� - L --� Form 4-7.4 - 3 - •�.A Rev. 5-1-86 , City Tax Collector Missouri MORTGAGEE County Tax Collector County, Missouri ! 1 F' try C Tors 4-7.4 f 4