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HomeMy Public PortalAboutORD11300 BILL NO. 89-98 ' SPONSORED BY COUNCILMAN MASON ORDINANCE NO. /I30O AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT IN FAVOR OF THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION WITH LIMITED ACCESS HIGHWAY CONTROL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an easement in favor of the Missouri Highway and Transportation Commission with limited access highway control. Section 2. The easement shall be substantially the same in form and content as that easement 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 /�T'� Approved er or ATTEST: City Clerk Job No. 5-U-54-258 C Route 54 Callaway County EASEMENT FOR HIGHWAY CONSTRUCTION (ACCESS CONTROLLED) THIS INDENTURE, by and between the CITY OF JEFFERSON, MISSOURI a MUNICIPAL corporation existing under the laws of the State of Missouri, Party of the First Part (hereinafter referred to as "CITY"), and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, of Cole County, Missouri , Party of THE Second Part (hereinafter referred to as "Commission"), WITNESSETH: In consideration of One Dollar ($1.00) , receipt of which is hereby acknowledged, and other good and valuable consideration, City hereby grants and conveys, without warranty of title expressed or implied, unto the Commission, the right to construct, reconstruct, and maintain a limited access State highway over and across that portion of an easement owned and held by City, situated in the North Half of the Northeast Quarter of Section 16, Township 44 North, Range 11 West in Callaway County, Missouri, r more particularly described as follows: That portion of the City's easement which lies within the following described strips: A strip of land lying on the left or west side of and adjoining the centerline of Ramp 1 being 70 feet wide at Station 7+00 and widening on a direct line to a strip of land 92 feet wide at Station 8+20, a centerline distance of 120 feet; thence narrowing on a direct line to a strip of land 85 feet wide at Station 9+40.47, a centerline distance of 120.47 feet; thence widening uniformly to a strip of land 90 feet wide at Station 10+30, a centerline distance of 89.53 feet; also all the land of said Grantors which lies left or westerly of the left or westerly right of way line of Existing Route 54 and right or easterly of the centerline of said Ramp 1 from Station 5+62.5 to Station 9+40.47, of said Ramp 1 centerline. Also all the land of said Grantors which lies within the following described strips: A strip of land lying on the right or east side of and adjoining the centerline of the Eastbound Lane of said Route 54 being 213 feet wide at Station 51+95 and widening uniformly to a strip of land 248 feet wide at Station 52+46, a centerline distance of 51 feet; Also all the land of said Grantors which lies within a tract of land described as beginning at a point on the centerline of the Eastbound Lane of said Route 54 at Station 52+46; thence in a southeasterly direction at right angles to said centerline, a distance of 248 feet; thence in a easterly direction on a direct line to a point 113,37 feet right or west of and at right angles to the centerline of State Highway Route AF at Station 291+66.67; thence in a northwesterly direction along said centerline a distance of 326.56 feet to Station 288+40.01 Route AF = Station 55+13.02 Eastbound Lane; thence in a southwesterly direction along the centerline of said Eastbound Lane a distance of 267.02 feet to the point of beginning. Also all the land of said Grantors which lies right or east of the right or east right of way line of Existing Route 54 and left or west of the centerline of the Eastbound Lane of said Route 54 and on left or west of the - centerline of the Eastbound lane of said Route 54 from Station 52+00 to Station 55+00 of said Eastbound Lane. The centerline of the Eastbound Lane of said Route 54 is described as follows: From an iron pin at the northeast corner of Section 16, T44N, R11W; thence S55'55'57"W, 1,719.13 feet to a point on the centerline of said Eastbound Lane at Station 53+65.22; thence on a 0'10' curve to the right (said curve being tangent to a line bearing S35'11'07"W) 831.17 feet to Station 45+34.05; thence on an 831.17 foot 0'10' curve to the left (said curve being tangent to a line bearing N36'34114"E) 660.95 feet to Station 51+95 the point of beginning; thence continuing on said 0'10' curve to the left, 170.22 feet; thence N35'11'07"E, 80.88 feet; thence on an 829.02 foot 0'10' curve to the right, 66.92 feet to Station 55+13.02 Eastbound Lane = Station 288+40.01 Route AF. The centerline of State Highway Route AF is described as follows: From Station 288+40.01 Route AF = Station 55+13.02 Eastbound Lane (as described above) the point of beginning; thence S41'45'44"E, 326.56 feet to Station 291+66.57. The centerline of Ramp 1 of said Route 54 is described as follows: From Station 288+40.01 Route AF = Station 55+13.02 Eastbound Lane (as described above); thence N41'45144"W,431.45 feet to Station 284.08.56 Route W=Station 11+59.18 Ramp 1; thence S48'14' 17"W, 129.18 feet to Station 10+30 the point of beginning; thence continuing S48'14117"W, 89.53 feet; thence on a 20' curve to the left, 284.45 feet; thence 58'39'11"W, 93.52 feet to Station 5+62.5. City reserves for itself, its successors and assigns, all its rights in the above-described property not herein specifically conveyed, including the right to expand its facilities. City agrees that future work to be performed within the limits of highway right-of-way in connection with location, relocation, or maintenance of City's sanitary sewer facilities will be done in accordance with the provisions of an agreement or permit that will be issued by Commission's District Engineer. City releases all rights of access between its adjacent easements and said highway except for the following reservations: Access , for normal servicing, maintenance, construction, or reconstruction of City's facilities either on or off the highway right-of-way, shall be from: (a) City's easements adjacent to the highway right-of-way, (b) existing outer roads, (c) any nearby public roads, (d) truck trails at and along the right-of-way lines. Access, in emergency situations directly affecting or endangering traffic on the highway or public health or safety will be permitted at such points as may be necessary to expedite said emergency repairs, provided immediate notice is given the State Highway Patrol, and Commission's District Engineer. Nothing contained herein shall give City any right of access to or from the thruways of the highway except as set out above, nor the right to r cut or otherwise damage the shoulders, paved thruways or medians. Commission will advise City of any future improvement , reconstruction or maintenance planned for said highway which will necessitate an adjust- ment to City's sanitary sewer facilities. City reserves the right to claim compensation for such adjustments affecting its facilities which were located on private easements beyond the original 110 foot highway right-of-way which are now included in said highway right-of-way, crossing at center line Station 53+38. The rights herein conveyed to Commission are granted only to the extent that City has such right of conveyance under the above-described right-of-way easement and no further. IN WITNESS WHEREOF, City has hereunto set its hand and seal this day of 19 . CITY OF JEFFERSON qg 8 igne Louise Gardner (Typed) JL (Ti e ATTEST: (SEAL) (Signed) _Brenda M. Cirtin (Typed) . CITY CLERK APPROVED AS TO FORM igne