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HomeMy Public PortalAboutORD10069 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK TO EXECUTE CONTRACTS FOR OBTAINING RIGHTS OF WAY AND EASEMENTS FOR THE NORTH TEN MILE DRIVE PROJECT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The Mayor and Clerk are hereby authorized and directed to execute a contract with David R. Goller, Dorothy E. Goller, E.G. Linhardt, Margaret L. Linhardt , M.C. Rippeto and Barbara Rippeto for the purchase of Rights of Way and easements described in the contract . The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. Section 2 . The Mayor and Clerk are hereby authorized and directed to execute a contract with Richard P. Schneider, Char- lotte C. Schneider, E.G. Linhardt, Margaret L. Linhardt, David R. Goller, Dorothy E. Goller, Robert E. Dallmeyer, Jr. and Billie Joan Dawson for the purchase of Rights of Way and easements de- scribed in the contract. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit B. Section 3. The Mayor and Clerk are hereby authorized and directed to execute a contract with Elmer F. Goldammer and Lorene B. Goldammer for the purchase of Rights of Way and easements de- scribed in the contract . The contract shall be substantially the same in form and content as the contract attached hereto a Exhibit C. Section 4 . The Mayor and Clerk are hereby authorized and directed to execute a contract with Charles Dix Smith and Alice L. Smith for the purchase of Rights of Way and easements described in the contract . The contract shall be substantially thesame in form and content as the contract attached hereto as Exhibit D. Section 5 . The Mayor and the Clerk are hereby authorized and directed to execute a contract with T. Mahan Smith, Mary Julia Smith and Tom Dix Smith d/b/a/ Dix Nursery for the purchase of Rights of Way and easements described in the contract . The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit E. Section 6. The Mayor and Clerk are hereby authorized and directed to execute a contract with Tom D. Smith and Jeanette Smith for the purchase of Rights of Way and easements described in the contract. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit F. Section 7. The Mayor and Clerk are hereby authorized and directed to execute a contract with Mary Julia Smith and Marjorie C. Dix for the purchase of Rights of Way and easements described ® in the contract. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit G. Section 8. This ordinance shall be in full force and effect from and after its passage and approval. Passed 09 - 3 - 1 -3 Approved /1) P esi i g OffiAhr Mayor 7 ATTEST: City Clerk AGREEMENT Alk THIS AGREEMENT, made and entered into this 31st day of October 1983, by and between the City of Jefferson, Missouri, (CITY), and David R. Goller and Dorothy E. Goller, E. G. Linhardt and _ Margaret Linhardt M C Rippeto and Barbara L. Rippeto (OWNER). WITNESSETH: That for and in consideration of mutual promises and covenants herein contained the parties agree as follows: OWNER does agree to execute a Warranty Deed for certain portions of the Southeast and Southwest Quarters of Section 4, Tp.wwshy,p 44 North. Range 12 West in the City of Jefferson, Missouri, a description of which is attached hereto, to be used as street right-of-way for the construction of North Ten Mile Drive. OWNER also agrees to execute the necessary documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvements. In connection with and as a part of the construction the CITY does agree as follows: 1 To award a contract for the construction of the proposed improvements (per plans and specifications on file in the office of the Director of Public Works, 320 East McCarty Street, Jefferson City, Missouri. It is further understood that said i::.provements through the owners property shall be completed either by December 31, 1984, or within one hundred fifty (150) working days from March 15, 1984, whichever is the latest. Should the work not be completed within the aforementioned time limit, liquidated damages shall be assessed at $100.00 per day against the City. (A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition. ) To final grade, fertilize, seed and mulch all disturbed areas, which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement. 3) All necessary legal descriptions for the proposed improvement shall be prepared by the City of Jefferson at no cost to the owner. (This includes any cost for vacating existing rights-of-ways not needed for the proposed improvements to the adjoining owners. ) It shall be further understood that all rights-of-way for the roadway which now crosses owners property that are not required for the proposed improvement shall be vacated within 60 days after project completion. 4) To provide for the construction of all utility crossings as shown on the plans for the Construction of North Ten Mile Drive at no cost to the owner. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this 31St day of OctnhPr 1983. CITY OF JEFFERSON OWNER (BY) (BY) 11 I ! ' / ATTEST: City Clerk (CITY SEAL) CONSENT AND WAIVER FOR GRADING I (WE) David R. Goller, E. G. Linhardt, and M. C. Rippeto as owner(s) of a tract described in Book 241, Page 790, Cole County Recorder' s Office for myself (ourselves) and, my (our) successors in title , do hereby consent to the grading of and the installation of improvements and all other necessary appurtenances in the areas as depicted on the plans, drawings, specifications for the improvement of "North Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be carried by the City of Jefferson of its contractor for damages to his (the' ) propert . i o ler M. C. Rippe i r t Address Witnes . Date AF W IDAVIT We David R. Goller and Dorothy E. Goller, husband and wife, and F.G. Linhardt and Margaret L. Linhardt, husband and wife and M.C. Rippeto and Barbara Rippeto hu'iiere d and ify under oath that: 1. It has received a copy of and has read the provisions of Title III, the Uniform 11e-al Property Aquisition Policy; 2. It is now aware of its rights under said Title III, and have been apprised of the specific requirements of said Title III; 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transfer to the City of Jefferson from the owners is shown per attached Warranty Deed and Grading Waiver for the construction of North Ten Mile Drive Federal Urban Aid Project M-3112(501). IN WITNESS IWERDOF, the undersigned have hereunto set t it ands this 31st dy of October 1 a STATE OF MISSOURI OOUNI'Y OF OGLE On this 31st day of October 1983, before me personally appeared described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed and swore the contehts as true to the best of their knowledge and belief. 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. lt{i �• rtL. �1J� NOT, �Y PUBLIC My Comrussion expires: July 20, 1981 NorgeK PUBLIC:NIERME M�OuIU COLE COUNTY MY COMMISSION EXPIRES JULY 20, 19a GENERAL WARRANTY DEED This Indenture, Made on the 31St day of October a p tg 83 by and between David R. Goller and Dorothy E. Goller, husband and wife; and E. G. Linhardt and Margaret L. Linhardt, husband and wife; and M.C. Rippeto and Barbara L. Rippeto, husband and wife of the County of Cole in the State of Missouri, part ies of the First Part, and The City of Jefferson. Missouri, a municipal corporation whose mailing address is: 240 E. High Street, Jefferson City, Missouri 65101 of the County of Cole in the State of Missouri. parr y of the Second Part: WITNESSETH. That the said part 3-es of the First Part in consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION DOLLARS to them paid by the said part X of the Second Part, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the said part y of the Second Part, its heirs and assigns, the following described lots, tracts or parcels of land lying, being and situate in the County of Cote, State of Missouri, to wit: A parcel of land situated in part of the Southeast Quarter and in part of the Southwest Quarter, all in Section 4, Township 44 North, Range 12 West, in the County of Cole, City of Jefferson, Missouri, being more particularly described as follows: From the Northeast corner of the Southwest Quarter of said Section 4; thence west along the Quarter Section Line to the East Line of Scott Station Road; thence S 36° 57' 05" E, along the east line of said Scott Station Road, 780 feet, more or less, to the point of beginning for this description; thence continuing S 360 57' 05" E, along said east line, 176.01 feet; thence N 390 59' 03" E, 32.92 feet; thence N 59° 37' 08" E, 247.15 feet; thence N 30° 28' 12" W, 1.41 feet; thence southwesterly on a curve to the right having a radius of 2834.67 feet, a distance of 272.11 feet; thence N 38° 30' 33" .W, 151.77 feet; thence S 54° 11' 59" W, 5.15 feet to the point of beginning. Containing in all, 0.07 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the Office of the Director of Public Works for the City of Jefferson. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unio said paw y of the Second Part and unto its heirs and assigns FOREVER the said. Parties of the First Part hereby convenanling that they lawfully seized of and indefeasible estate in fee in the premises herein conveyed; that they have good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said parr y of the Second Part, and unto its heirs and assigns FOREVER. against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said per, ipG of the First Part he Ve hereunto set their _hand s and sea'8 the day and year first above written. David R. Goller Dorothy E�__qoller /. E. G. inhardt Marga et L. Linhardt M. C. Rippeto Barbara L. Rippeto (Names must be typed or printed under all signatures) STA'T'E OF MISSOURI,l County of Cole. On this 31st ,yy of October 19_ 8 , before me personally appeared David R. Goller and Dorothy E. Goller his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free acct and deed. IN TESTIMONY WHEREOF, I have hereunto 1 my hand and affixed my Official Mal at my office in Jefferson City the day and year first above written. My lerm,.e�cPird sy -1, Ttily 20 _ in R4 AY NIERMEYER NOT"Y niLptls-5 ut MI5 _ MY COMMIS STATE OF MISSOURI.f aa. SION EXPIRES JULY ) 20, I9a4 County of Cole, On Ilia. 31st .t,y of October 19_ before me personally appeared E. G. Linhardt and Margaret L. Linhardt *his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that They executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal of my office in Jefferson City the day and year first above written. My term expi July 20 R4 KAY NIE 14TR NOTARY PUBLIC STATE OF Mi_cs nnni CrA1,€-C-Guwy SPATE OF MISSOURI.)I MY COMMISSION EXPIRES JULY 20, 1984 sa. County of Cole. On this 31st ,Tay of October in 83 , before me personally appeared M. C. Rippeto and _ Barbara L. Rippeto his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their frae act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in .TPffprcnn City the day and year first above written. My term expires .. JU1Y 20 / ig 84 -KAY t4jERM-YER NOTARY PUBLIC SPATE OF MISS OUR! STATE OF MISSOURI,� � MY COMMISSION EXPIRES JULY 20, County of Cole. On this ,Tay of 19 , before me personally appeared and his wife, to we known to be The persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto ad my hand and affixed my official seal of my office In the day and year first above written. My term expires la STATE OF l County of 1 as. On this day of 19 before me personally appeared to me known to be the person described in and who executed the foregoing Instrument and acknowledged that executed the same as free act and deed. And the said further declares to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto Pet my hand and affixed my official Peal at my office in the day and year first above written. My term expires 19 STATE OF J} sa. County of On this day of 19 before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same as tree act and deed. And the saint further declares to be single and unmarried. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 STATE OF County of On this _ fay of 19 before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same as tree act and deed. And the said further declares to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto Pet my band and affixed my official seal at my office In the day and year first above written. ® My term expires 1a STATE OF MISSOURI 1 aa. J Document No. County of Cole 1,the undersigned Recorder of Deeds for said County and State do hereby certify that the foregoing instrument of writing was filed for record in my office oit the day of 19 at o'clock and minutes M.,and is truly recorded in Book page Witness my hand and officJsf seat on The day and year aforesaid. Recorder By Deputy AGREEMENT THIS AGREEMENT, made and entered into this 31st day of October , 1983, by and between the City of Jefferson, Missouri, (CITY) , and Richard P. Schneider and Charlotte C. Schneider, E. G. Linhardt and Margaret L. Linhardt, David R. Goller and Dorothy E. Goller, Robert E. Dallmeyer, Jr., Billie Joan Dawson (OWNER) . WITNESSETH: That for and in consideration of mutual promises and covenants herein contained the parties agree as follows : OWNER does agree to execute a Warranty Deed for certain portions of the Southeast and Southwest­Quarter of Section 4, Township 44 North, Range 12 West in the City of Jefferson, Missouri, a description of which is attached hereto, to be used as street right-of-way for the construction -of North Ten Mile Drive. OWNER also agrees to execute the necessary _ documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvement. In connection with and as a part of the consideration the CITY does agree as follows : 1) To award a contract for the construction of the proposed improvement (per plans and specifications on file in the office of the Director of Public Works , 320 East McCarty Street, Jefferson City, Missouri. It is further understood that said improvement through the owners property shall be completed either by December 31, 1984 or within one hundred fifty ( 150 ) working days from March 15, 1984 , whichever is the latest. Should the work not be completed within the afore- mentioned time limit, liquidated damages shall be assessed at $100. 00 per day against the City. ( A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition. ) 2 ) To final grade, fertilize , seed and mulch all disturbed areas , which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement. 3 ) To allow the owner a maximum of one ( 1 ) private drive access per 200 linear feet of roadway frontage from Station 31+00 to Station 43+05 . This access shall be constructed with turn-around capabili- ties to discourage vehicles from backing into the driving lanes of the proposed roadway. Additionally to allow street right-of- way access points in accordance with the rules and regulations in the Subdivision Ordinance of the City of Jefferson. , All necessary legal descriptions for the proposed improvement shall be prepared by the City of Jefferson at no cost to the owner. ( This ti -. ,,kiudes any c.:st for vacating existing right-of-ways not needed `.or the proposed improvements to the adjoining owners . ) It shall oe further understood that all rights-of-way for the roadway which now crosses owner' s property that are not required for the proposed improvement shall be vacated within 60 days after project completion. To provide for the construction 6f all utility crossings as shown on the plans for the Construction-of North Ten Mile Drive at no cost to the owner. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this 31st day of October 1983. CITY OF JEFFERSON OWNER (By) (By) �- i e ATTEST: Il i (City Clerk 1 (CITY SEAL) , . r y . er l�l /- Margaret i ar i awson SIGN I HERE Richard75c el de • s , yF�ti ar o te U. bchneDder MOP CONSENT AND WAIVER FOR GRADING I (WE) David R. Goller, Richard P. Schneider, Billie J. Dawson, Robert E. Dallmeyer, Jr. , and E. G. L n ar t as owner(s) of a tract described in Book 273, Page 565, Cole County Recorder's Office for myself (ourselves) and- my (our) successors in title , do hereby consent to the grading of and the installation of improvements and all other necessary appurtenances in the areas as depicted on the plans, drawings, specifications for the improvement of "North Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson Alk as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be C i ar ed by the City of Jefferson of its cont cto_r or amages to his ( e ' r) pro r y. B-111-1 J DW I an ° r S44�4� o er a y r HBR c ar C riel er Yinn rat Address: Witne s : ® Date Z'v131,1t13 AFFIDAVIT We Richard P. Schneider and Charlotte C. Schneider, his wife, and E.G. Linhardt and Margaret L. Linhardt, his wife, and David E. Goller and Dorothy E. Goller, his wife and Robert E. Dallmeyer, Jr, a single person, and Billie Joan Dawson, a single person hereby certify under oath that: 1. It has received a copy of and has read the provisions of Title III, the Uniform Real Property Aquisition Policy; 2. It is now aware of its rights under said Title III, and have been apprised of the specific requirements of said Title III; 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transper to the City of Jefferson from the owners is shown per attached Warranty Deed and Grading Waiver for the construction of North Ten Mile Drive Federal Aid Project M-3111(501). IN WITNESS WHEMOF, the undersigned have hereun o set their hands this 31st day of October 1983. T l Hie�R� (i4ivy� a R. Dorothy T,.( Goller ar n fig r are T ar �F ar o t Schneider Robert a meyer, r. Billie JeDaWson STATE OF MISSOURI) SS COUNTY OF ODLL On this 31st day of October 1983, before me personally appeared described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed and swore the contents as true to the best of their knowledge and belief, 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, pi�JgLIC ' KA EYER NOTARY PUBLIC STATE JP MISSOURI My Commission expires: July 20, 1984 COLE COUNTY MY COMMISSION EXPIRES JULY 20, 1984 STATE OF MISSOURI ss: COUNTY OF ST, o kIS ) On this p day of U04 1983, before me personally appeared Richard P. Schneider and Charlotte C. .c nS eider, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Sf, tS�, the day and year first above written. X42 Notary Public My Commission expires: ApaiL 13 ,M�'"""'� tilillr�ri 11. t]tii.l. All bonded in 1114 County of St. LCUI9 It GENERAL WARRANTY DEED This Indontura, Made on the 31S1 stay of October by and between Richard P. Schneider and Charlotte C. Schneider, his wife; and E. G. Li.nhardt and Margaret L. Linhardt, his wife; and David R. Goller and Dorothy E. Collar, his wife; _an_,Rr.�> t:.R• Dalyer, Jr. . a sin&� 59.4IL'AT�d IS1� �,TQ �1__UnI� QS1�_. _�� CJBLG.�I�ergn of the County of in the State of Missouri, part leg of the First Part, and The City of Jef fgrson. M asottri, n mt,ni ripal rnrpnrar i nn whose mailing address is: 240 E. High Street. Jefferson City, Missouri 65101 of the County of Cole in the State of Missouri, part— of the Second Part: WITNESSETH, That the said part ies of the First Part in consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION DOLLARS to them _ paid by the said part y of The Second Part, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the said part —3' of the Second Part, its heirs and assigns, the following described Iola, tracts or parcels of land lying, being and situate in the County of Cole, Slate of Missouri, to wit: A strip of land across part of a tract of land as described in Book 273, Page 565, Cole County Recorder's Office and being situated in part of the Southeast Quarter and in part of the Southwest Quarter, all in Section 4, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; said strip being more particularly described as follows: From the Southeast corner of said tract of land as described in said Book 273, Page 565, thence northerly along the east line of said tract, 1614.19 feet to centerline Sta. 43+03.32 of North Ten Mile Drive; thence continuing northerly along said east line 40.05 feet; thence westerly parallel to and 40 feet north of the centerline of said North Ten Mile Drive the following courses: on a curve to the right having a radius of 2824.79 feet, a distance of 151.92 feet; S 86° 33' 13" W, 999.11 feet; on a curve to the left having a radius of 676.62 feet, a distance of 395.42 feet to a `. point on the northwesterly line of the tract as described in Book 273, Page 565, said point being 40 feet left of centerline Sta. 27+80.04 of North Ten Mile Drive; thence L southwesterly along the northwesterly line of said tract the following courses: S 33° 45' 09" W, 512.01 feet; S 33° 00' 02" W, 66.25 feet to the northwest corner of , a tract as described in Book 247, Page 246, Cole County Recorder's Office, said corner being 2.80 feet left of centerline Sta. 22+10.99 of North Ten Mile Drive; thence N 86° 16' 23" E along the north line of said tract, 47.45 feet to a point 35 feet east of the centerline of North Ten Mile Drive; thence along the east and south line of North Ten Mile Drive the following courses: N 33° 27' 59" E, 322.56 feet; on a curve to the right having a radius of 601.62 feet, a distance of 130.20 feet; S 44° 08' 02" E, 5.00 feet; on a curve to the right having a radius of 596.62 feet, a distance of 423.68 feet; N 86° 33' 13" E, 999.11 feet;:. on a curve to the left having a radius of 2904.79 feet, a distance of 152.35 feet to the east line of the tract as described in said Book 273, Page 565; thence northerly along the east line thereof, 40.05 feet to the point of beginning. Containing in all, 3.34 acres. ALSO, a temporary construction easement adjacent to the above described tract as shown on plans entltled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the Office of the Director of Public Works for the City of Jefferson. ALSO A PARCEL OF LAND ACROSS PART OF A TRACT OF LAND AS DESCRIBED IN Book 273, Page 565, Cole County Recorder's Office, said tract of land being situated in part of the Southeast Quarter and in part of the Southwest Quarter, all in Section 4, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, said parcel of land being more particularly described as follows: From the Northwest corner of a tract of land as described in Book 247, Page 246, Cole County Recorder's Office; thence northerly along the westerly line of the tract of land as described in Book 273, Page 565, Cole County Recorder's Office, the following courses: N 33° 00' 02" E, 66.25 feet; N 330 45' 09" E, 800.79 feet; N 390 59' 0311 E, 142.41 feet to the point of beginning for this description; thence continuing N 39` 59' 03" E. 68.51 feet; thence on a curve to the right having a radius of 944.94 feet., a distance of 261.32 feet; thence S 49° 49' 43" E, 21.79 feet to the northerly line of proposed North Ten Mile Drive; thence westerly along the said northerly line of proposed North Ten Mile Drive the following courses: S 86° 33' 13" W. 10.93 feet; on a curve to the left having a radius of 676.62 feet, a distance of 79.94 feet; thence leaving the said north line of proposed North Ten :file Drive on a bearing of N 38° 24' 00" E, 22.46 feet; thence on a ctirve to the left having a radius of 884.94 feet, a distance of 212.73 feet to the point of beginning. Containing in all, 0.35 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the Office of the Director of Public Works for the City of Jefferson. ALSO, a parcel of land across part of a tract of land as described in Book 273, Page 565, Cole County Recorder's Office, said tract of land being situated in part of the Southeast Quarter and in part of the Sourheast Quarter, all in Section 4, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, said parcel of land being more particularly described as follows: From the Northwest corner of a tract of land as described in Book 247, Page 246, Cole County Recorder's Office; thence northerly along the westerly line of the tract (Cont'd on attached page) TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and Immunities thereto belonging or in anywise appertaining, unto said part_y f the Second Part and unto i r s heirs and assigns FOREVER the said, parries of the First Part hereby convenanting that they lawfully seised of and indefeasible estate in fee in the premises herein conveyed; that they 1 ha Ve good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said part Y of the Second Part, and unto its heirs and assigns FOREVER against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said part ies of the First part ha Ve hereunto set their band s and sea' s the day and year first above written. SIGN r ` SIGN ID Nh0.� ` •J 1f RE L a P. i hVo to Schneider e Dorothy,/-g. Go G L r t Mari t inhardt RoDert E. 13511meyer, Jr. lie JV Dawson (Names must be typed or printed under all signatures) CONT'D FROM WARRANTY DEED FOR: Richard P. Schneider and Charlotte C. Schneider, his wife; and E. G. Linhardt and Margaret L. Linhardt, his wife; and David R. Goller and Dorothy E. Goller, his wife; and Robert E. Dallmeyer, Jr. , a single person; and Billie Joan Dawson, a single person. of land as described in Book 273, Page 565, Cole County Recorder's Office, the following courses: N 33° 00' 02" E, 66.25 feet; N 33° 45' 09" E, 800.79 feet; N 39° 59' 03" E, 248.84 feet to the point of beginning for this description; thence continuing N 39° 59' 03" E, 40.64 feet; thence N 59° 37' 08" E, 224.67 feet; thence S 30° 28' 12" E, 25.22 feet; thence on a curve to the right having a radius of 2894.67 feet, a distance of 263.33 feet to the point of beginning. Containing in all, 0.12 acres. ALSO] a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the Office of the Director of Public Works for the City of Jefferson. ALSO, a parcel of land being part of a tract of land as described in Book 273, Page 565, Cole County Recorder's Office, said tract of land being situated in part of the Southeast Quarter and in part of the Southwest Quarter, all in Section 4, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, said parcel of land being more particularly described as follows: From the Northwest corner of a tract of land as described in Book 247, Page 246, Cole County Recorder's Office; thence northerly along the westerly line of the tract of land as described in Book 273, Page 565, Cole County Recorder's Office, the following courses: N 33° 00' 02" E, 66.25 feet; N 33° 45' 09" E, 512.01 feet to the North Line of Proposed North Ten Mile Drive and the point of beginning for this description; thence easterly along the said North Line of Proposed North Ten Mile Drive on a curve to the right having a radius of 676.62 feet, a distance of 90.32 feet; thence N 56° 14' 51" W, 35.47 feet; thence S 33° 45' 09" W, 82.99 feet to the point of beginning. Containing in all, 0.03 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal-Aid Urban Project M-3112(501))" on file in the Office of the Director of Public Works for the City of Jefferson. STATE OF MISSOURI, County of Cole. On this 7N1) day at �OVE(71$EA— i9&-3 before me personally appeared Richard P. Schneider and Charlotte C. Schneider Ids wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and dead. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in ST.L ws. c-atknf4 the day and year first above written. My term expires t- I r,_ 111 8 b r►ronnnnu K G010 NOTARY PUBUID, STATE OF MISSOURI My mmisslen txpires April 13, Bonded in the County of St. Lcuis STATE OF MISSOURI. aa. County of Cole. On this 31St day of October Is 93 before me personally appeared David R. Goller and Dorothy E. roller 'his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal at my office in Jefferson City the day and year first above written. My term expires / July 20 19 84 KAY I RMEYER NOTARY PUBLIC STATE OF MISSOURI COLE COUNTY MY COMMISSION FXPIBFS JUIV 2% .nn• STATE OF MISSOURI, as. County of Cole. On this 31St tiny of October in 83 before me personally appeared E. G. Linhardt and Margaret L. Linhardt his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged That they executed the same as their free act and deed. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at my office in Jefferson City the day and year first above written. My term expires / / A July 20 1084 NOTARY PUBLIC STATE OF MISS OIIRI STATE OF MISSOURI, MY COMMISSION EXPIRES JULY A 1984 a' County of Cole. On this tiny of 10 „ before me personally appeared and his wife, to me known to be The persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free ail nod deed. IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 s � ® STATE Of Missouri County of Cole On Ihia 31St ,y of October III U . before me personally appeared Robert E. Dallmeyer, Jr. to me known to be the person described in and who executed the foregoing instrument and acknowledged that_.. he xecuted the same as his free act and deed. And the said Robert',. Datlmpypt, Tr further declares himself to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto act my hand and affixed my official seal-at my office in Jefferson Citv the day and year first above written. My term expires / �' July 20 1s sa , l KAY ���ER NOrsa 9irI � ArE Of ^MISSOURI STATE OF MISSOUTI ) MY COMMISSION COUNTY County of Cole )} sa MMISSION EXPIRES JULY 2q, 19� On Ihi- 1st ,lay of November 19 83 ., before me personally appeared Billie J. Dawson to me known to be the person described in and who executed the foregoing instrument and acknowledged that.. she executed the same as her tree act and deed, And the said Billie J. Dawson further declares herself to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Taffpxcon City the day and year first above written. ,,//, My term expires/ KAY NIOkAAr-m 1 t4nTARY Pit RI IC STATE OF MISSOURI E$EE-C-GUNI - STATE OF MY COMMISSION EXPIRES JULY 20, 19641 County of } as. On Ild- day o[ 19 before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same a- free act and deed. And the said further declare- to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 f STATE OF MISSOURI ss. ' Document No. County of Cole 1,the undersigned Recorder of Deeds for said County and Slate do hereby certify that the foregoing Instrument of writing was filed for record in my office on the day of , 19 at o'clock and minutes M., and Is truly recorded In Book page Witness my hand and official seal on the day and year aforesaid. Recorder By Deputy AGREEMENT THIS AGREEMENT, made and entered into this day of 1983, by and between the City of Jefferson, QP Missouri, (CITY ) , and Elmer F. Goldamm er dLorene B. GoldammPr (OWNER) . WITNESSETH: That for and in consideration of mutual_ promises and covenants herein contained the parties agree as follows : OWNER does agree to execute a Warranty Deed for certain portions of the Southeast Quarter of Section 4, Township 44 North, Range 12 West in the City of Jefferson, Missouri, a description of which is -attached hereto, to be used as street right-of-way for the construction -of North Ten Mile Drive. OWNER also agrees to execute the necessary _ documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvement . In connection with and as a part of the consideration the CITY does agree as follows : 11 To award a contract for the construction of the proposed improvement (per plans and specifications on file in the office of the Director of Public Works , 320 East McCarty Street, Jefferson City, Missouri. It is further understood that said improvement through the owners property shall be completed either by December 31 , 1984 or within one hundred fifty ( 150 ) working days from March 15, 1984 , whichever is the latest. Should the work not be completed within the afore- mentioned time limit, liquidated damages shall be assessed at $100. 00 per day against the City. (A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition. ) 2 ) To final grade, fertilize, seed and mulch all disturbed areas , which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement. 3) To allow the owner a maximum of one ( 1 ) private drive access per 200 linear feet of roadway frontage from Station 43+03 to Station 53+98 . This access shall be constructed with turn-around capabili- ties to discourage vehicles from backing into the driving lanes of the proposed roadway. Additionally to allow street right-of- way access points in accordance with the rules and regulations in the Subdivision Ordinance of the City of Jefferson. . 4 ) All necessary legal descriptions for the proposed improvement shall 0 be prepared by the City of Jefferson at no cost to the owner. (This • includes any cost for vacating existing right-of-ways not needed for the proposed improvements to the adjoining owners . ) It shall be further understood that all rights-of-way for the roadway which now crosses owner's property that are not required for the proposed ® improvement shall be vacated within 60 days after project completion. 5) To provide for the construction of all utility crossings as shown on the plans for the Construction of North Ten Mile Drive at no cost to the owner. IN WITNESS WHEREOF. the Parties have hereunto s�jt their hands and seals this !_ day of A�j,.e�r�.�. / , 1983. CITY OF JEFFERSON OWNER, (By) �� (By)L.,�.��'" ��//'�'� , ATTEST: .f 4/tf .cam 0 City Clerk (CITY SEAL) CONSENT AND WAIVER FOR GRADING ® I (WE) Elmer F. Goldammer and Lorene B. Goldammer, husband and wife as owner(s) of a tract described in Book 245, Page 878, Cole County Recorder' s Office for myself (ourselves) and, my (our) successors in title , do hereby consent to the grading of and the installation of improvements and all other necessary appurtenances in the areas as depicted on the plans, drawings, specifications for the improvement of "North Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson ® as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be carried by the City of Jefferson of its contractor for damages to his (their) property. Address Witness : (,, ,,, . Date /�� Ake F IDAV11' We Elmer F. Goldamner and Lorene B. Goldamner, husband and wife hereby certify under oath that: ® 1. It has received a copy of and has read the provisions of Title III, the Uniform Real Property Aquisi.tion Policy; 2. It is now aware of its rights under said Title III, . and have been apprised of the specific requirements of said Title III; " 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transfer to the City of Jefferson from the owners is shown per attached Warranty Deed, Surface Water Drainaee Lasement and Gracing Waiver for the construction of North Ten Mile Drive Federal Urban Aid Project Al--3112(501). IN `'JITNESS WHERBOF, the undersigned have hereunto set their hands this _ �7 day of Ijg2 e 1983. STATE OF MISSOURI) SS OOUNIT OF COLE On this day of 1983, before me personally appeared described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed and swore the contents as true to the best of their knowledge and belief. IN TESTIMONY VffR1 MF, 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 Conrv.ssion expires: BETTY 1,SCHULER NOTARY Pi181JC,STATE OF MISSOURI -—N,-6QAI�IIS4lnN ocPIRES JANUARY 14,1954 COUNTY OF COLE 'r AU GFNLRAL VAZt 1I11 DE ,A t` tjt 2hibritture, Mnde on the. _ day by and between Elmer F. Goldammer and Lorene B. Golda ugband and _wife of the County of Cole _ in the State of Missouri, part ies of the First fart, and Grantees mailing address 290__E,_B.! h Stxe_e —?effe_rson Cam . S1i88our7t 65101 of the County of COlE'. in the State of Missouri, pnrtk of the Second Part: WITNESSETH, That the said partleS—of the First Part in consideration of the sum of One Dollar and other valueable considerations DOLLARS, to them paid by the said part-)L—of the Second part, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN, AND SELL, CONVEY AND CONFIRM unto the said part Y _of the Second Part, l is heirs and assigns, the following described lots, tracts or parcels of land lying, being and situate in the County of Cole, State of Missouri to wit: A strip of land 80 feet of even width across a tract of land as ' described in Book 245, Page 878 , Cole County Recorder' s Office, and situated in the Sgtitheast. Quarter of Section 4 , Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 80 --foot .strip being more particularly described as follows: Beginning at a point on the west line of the tract of land as described - in said Book •245, Page 878 •at centerline Sta. 43+03. 32 of, North Ten Mile Drive, said point being 1614 . 19 feet north of the southwest corner thereof; thence on a curve to the left having a radius of 2864. 79 feet, a distance of 1029 .48 feet; thence N 621 55 ' 16" E; 64. 43 feet to centerline Sta. 53+97.23 of* North Ten Mile Drive, the point of termination; said point being .397.52 feet north• of the- south- west corner of and on the east line 'of a tract of land described in Book 108, Page 561, Cole County Recorder's Office. Containing in all, 2.01 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112 (501) ) " on file in the office of the Director of Public Works for the City of Jefferson. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said part y of the Second Part and unto its heirs and assigns FOREVER, the said parties of the First Part hereby covenanting that they lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that they ha Ve good right to convey the same; that the said premises are free and clear of any encumbrances done or is suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said part of the Second Part, and unto its heirs and assigns FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said part LtS of the First Part ha Ve hereunto se t their hands and seal S the day and year first almve written. ! � ® Elm F. Goldamme Lorene B. Goldammer INanres Must He T,%l►ed or Printed Under All Signatures) -- STATE OF MISSOURI � sa County of Cole 1 On thin 7 — day of A1our"" Lx-j _1A�3, before me personally appeared Elmer F. Goldammer and Lorene B. Goldammer his wife,to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed, IN TESTIMONY WHEREOF, I have hereunto sP y hand a affixed official seal J at my office in e p e 1L C)U-eq the day and year first above written. My term expires MY COMMISSION EXPIRES 3ANUARY1V.IM 111116tary Pt I SCHULM STATE OF MISSOURI NOTARY PUBLIC,STATE OF MISSOURI ss COUNTY OF COIF County of Cole On thin day of 19 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same as free act and deed. And the said further declares to be single and unmarried. ® IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 Notary Public STATE OF MISSOURI as. County of Cole Document No. I the undersigned Recorder of Deeds for said County and State do hereby certify that the foregoing instrument of writing was filed for record in my office on the day of , 19 at o'clock and minutes _M., and is truly recorded in Book Page Witness my hand and official seal on the day and year aforesaid. David R. Newsam, Recorder of Deeds. By Deputy 046IMS TAN W tyPW a ppintO wo0v$11 619Mlu164) WAIN"Lrnio PAINT 00 1 h ,e SURFACE WATER DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: / THIS INDENTURE, made on this day ofuQrrrL���°` , 19 by and between Elmer F. Goldammer and Lorene B. Goldammer, husband and wife of the County of Cole State of Missouri Part iesof the First Part, and the City of Jefferson, Missouri, a municipal corpor- ation, of Cole County, Missouri, Party of the Second Part. WITNESSETH: That the Parties of the First Part in consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION payment and receipt of which is hereby acknowledged, and in consideration of the performance of the covenants, if any, hereinafter expressly covenanted to be per- formed by the Party of the Second Part, do by these presents Deed, Convey and Transfer unto the Party of the Second Part an easement to excavate within, and install, construct, maintain, clean out, repair and replace, as applicable, (1) a surface or storm water drainage pipe or culvert, or (2) an open drainage ditch, or (3) a surface or storm water drainage pipe or culvert and an open surface water drainage ditch ----- for the routing and conveyance of storm water and surface water in, under, over and upon the following-described lots, tracts or parcels of land, lying, being and situate in the City of Jefferson, County of Cole, State of Missouri, t0-w1t: A strip of land 20 feet of even width across a tract of land as described in Book 245, Page 878, Cole County Recorder's Office, and situated in the Southeast Quarter of Section 4, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 20 foot strip being more particularly described as follows: From a point on the watt line of the tract of land as described in said Book 245, Page 878, at centerline Station 43+03.32 of North Ten Mile Drive (Federal Aid Urban Project M-3112(501)) , said point being 1614.19 feet north of the southwest corner thereof; thence Easterly on a curve to the left having a radius of 2864.79 feet, a distance of 381.23 feet to centerline station 45+84.55; thence N 62° 05' 24" W, 110.00 feet to the point of beginning of said centerline; thence S 62° 05' 24" E, 235.00 feet to the point of termination. ALSO, a strip of land 20 feet of even width across a tract of land as described in Book 245, Page 878, Cole County Recorder's Office, and situated in the Southeast Quarter of Section 4, Townssip 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 20 .foot strip being more parti- cularly described as follows: . From a point on the west line of the tract of land as described in said Book 245, Page 878, at centerline Station 43+03.32 of North Ten Mile Drive (Federal Aid Urban Project M-3112(501)) , said point being 1614.19 feet north of the southwest corner thereof; thence easterly on a curve to the left having a radius of 2864.79 feet, a distance of 893.62 feet to centerline Station 51+96.94; thence N 34° 41' 40" W, 80.00 feet to the point of beginning of said centerline; thence S 340 41' 40" E, 165.00 feet to the point of termination. .. �. . Second Party expressly covenants as follows: TO HAVE AND TO HOLD with all the rights, immunities, privileges and appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained, so that neither the Parties of the First Part nor their heirs, grantees, assigns, or successors, nor any person or persons for them or In their name or behalf, shall hereafter make any use of the above-described premises in a manner that is inconsistent with, or in any way interferes with the use by Second Party of, the easement herein deeded, conveyed and transferred to the Party of the Second Part. IN WITNESS VVHEREOF, the Part ies of the First Part hr vecaused these presents to be signed the day and year first above mentioned. E mer Colaammer Lore he B. o ammer MISSOURI �- STATE OF ) COLE ) ss. COUNTY OF ) Or, this '11te" e day of A)ou )"loree-) 1993 before me personally appeared Elmer F. Goldammer and Lorene B. Goldammer his wife, to me known to be the persons described in and who executed the fore- going instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF',�+I have hereunto set my hand and affixed my official seal at my office in Je, (T Y ete5oo 4 14 gU the day and year first above written. Agmk My, term expires W COMMISSION EXPIRES JANUARY 14, 1984 y BE,MibSCHIlLER NOTARY PUBLIC,STATE OF MISSOURI COUNTY OF COLE STATE OF ) ss. COUNTY OF ) ' On this day of 19 , before me personally appeared to me known to be the person_ described in and wh o executed the foregoing instrument and acknowledged that executed the same as free ®act and deed. And the said further declares to be single and unmarried. IN TESTIMONY W1IEREOr, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires: Notary Public AGRLEML•'NT THIS AGRULMENT, made and entered into this day of 1983, by and between the City of Jefferson, Missouri, (CITY ) , and Charles Aix _Smith and Alice L. Smith (OWNER) . WITNESSETH: That for and in consideration of mutual promises and covenants herein contained the parties agree as follows : OWNER does agree to execute a Warranty Deed for certain portions of the Southwest Quarter of Section 3, Township 44 North, Range 12 West in the City of Jefferson, Missouri, a description of which is -attached hereto, to be used as street right-of-way for the construction -of North Ten Mile Drive. OWNER also agrees to execute the necessary _ documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvement . In connection with and as a part of the consideration the CITY does agree as follows : VW �) To award a contract for the construction of the proposed improvement (per plans and specifications on file in the office of the Director of Public Works , 320 East McCarty Street, Jefferson City, Missouri, It is further understood that said improvement through the owners property shall be completed either by December 31, 1984 or within one hundred fifty ( 150 ) working days from March 15, 1984 , whichever is the latest. Should the work not be completed within the afore- mentioned time limit, liquidated damages shall be assessed at $100 . 00 per day against the City. (A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition. ) 2 ) To final grade, fertilize, seed and mulch all disturbed areas , which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement . 3 ) To allow the owner a -maximum of one ( 1 ) private drive access per 200 linear feet of roadway frontage through the grantors property. This access shall be constructed with turn-around capabili- ties to discourage vehicles from backing into the driving lanes of the proposed roadway. Additionally to allow street right-of- way access points in accordance with the rules and • regulations in the Subdivision Ordinance of the City of Jefferson. . All necessary legal descriptions for the proposed improvement shall be prepared by the City of Jefferson at no cost to the owner. (This 0 .11eludes any cost for vacating existing right-of-ways not needed for the proposed improvements to the adjoining owners . ) It shall be further understood that all rights-of-way for the roadway which ® now crosses owner' s property that are not required for the proposed improvement shall be vacated within 60 days after project completion. 5) To provide for the construction of all utility crossings as shown on the plans for the Construction of North Ten Mile Drive at no cost to the owner. IN WITNESS WHERE9F, the Parties hav hereunto set their hands and seals this , day of �t7ZLe ,, 1983. CITY OF JEFFERSON OWNER (BY). ( aFtt r. ar es I= mi ATTEST: i, City Clerk is mi (CITY. SEAL) CAROL BAKERSMITM NOTARY PUBLIC SIAIE OF MISSOURI S1 LOUIS Co. MY COMMISSION EXPIRES FEB 7.1911 CONSENT AND WAIVER FOR GRADING ® I (WE) Charles Dix Smith and Alice L. Smith, husband and wife as owner(s) of a tract described in Book 230, Page 401, Cole County Recorder' s Office for myself (ourselves) and, my (our) successors in title , do hereby consent to the grading of and the installation of improvements and all other necessary appurtenances in the areas as depicted on the plans, drawings, specifications for the improvement of "North Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be carried by the City of Jefferson of its contractor for damages to his (their) property. s,Q yF gzz Charles Dix Smith SIGN c Address f0 Alice L. Smith Witness : / /I � Y Date 11-2-83 AF IDAVIT We Charles Dix Smith and Alice L. Smith, husband and wife i • hereby certify under oath that: 1. It has received a copy of and has read the provisions of Title III, the Uniform Real Property Aquisition Policy; 2. It is now aware of its rights under said Title III, and have been apprised of the specific requirements of said Title III; ' 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transfer to the City of Jefferson from the owners is shown per attached Warranty Deed, Grading Waiver, and Surface Water Drainage Easement for the construction of North Ten Mile Drive Federal Urban Aid Project NI-3112(501). IN WITNESS MUMMIF, the undersigned have hereunto set their hands this day of N�"Q � 1983. arles Dix Fsnith a� y�t�t Ali L. Smit STATE OF MISSOURI `� ►-o�l`S ) ASS ODUNI?Y OF- On this . day of ,,.Q� _ 1983, before Ine personally appeared described in and who executed the foregoing; instrument and acknowledge that they executed the same as their free act and deed and swore the contents as true to the best of their knowledge and belief. IN TESTIMONY WIMOF, 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 Coa mission expires: CAROL BAKERSMITH NOTARY PUBLIC SIAIE OF MISSOURI 51 LOUIS CO. MY-COMMISSION EXPIRES FED 7 1987 GENERAL WARRANTY DEED This Indenture, Made on the r 2nd of November A D.. ta-R2L by and IH•lwern Charles Dix Smith and Alice L. Smith, husband and wife of the County of in the Slate of Missouri, part 1eS of the First Part. and The City of Jefferson, Missouri, a municipal corporation whose mailing address is: 240 E. High ,Street, Jefferson City, Missouri 65101 of the County of Cole in the State of Missouri, part_ of the Second Part: WITNESSETH, That the said part ieS of the First Part in consideration of the sum of One Dollar and other valuable considerations DOLLARS to them paid by the said part y of the Second Part, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the said part of the Second Part, its heirs and assigns, the following described lots, tracts or parcels of land lying. being and situate in the County of Cole, Slate of Missouri, to wit: A strip of land 80 feet of even width across part of a tract of land as described in Book 230, Page 401, Cole County Recorder's Office, and situated in the West Half of- the Southwest Quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 80 foot strip being more particularly described as follows: From the southwest corner of said Section 3; thence north along the Section Line, 2188.71 feet to centerline Sta. 61+77.94 North Ten Mile Drive and the point of beginning for this description; thence 11 620 55' 16" E, 80.89 feet; thence on a curve to the*left having a radius of 5729.62 feet, a distance of 540.91 feet to centerline Sta. 67+99.74, the point of termination; said point being on the south line of a tract as described in Book 230, Page 397, Cole County Recorder's Office, and 34.06 feet east of the southwest corner thereof. Containing in all 1.15 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the office of the Director of Public Works for the City of Jefferson. ALSO., a strip of land 80 feet of even width across a tract of land as described in Book 230, Page 401, Cole County Recorder's Office and situated in part of the West Half of the Southwest Quarter and part of the Northwest Fractional Quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 80 foot strip being more particularly described as follows: Beginning at a point on the east line of a tract as described in Book 196, Page 361, Cole County Recorder's Office at centerline Sta. 73+91.29 of North Ten Mile Drive, said point being 299.47 feet north of the southeast corner thereof; thence N 54° 17' 36" E, 250.47 feet; thence on a curve to the right having a radius of 954.92 feet, a distance of 153.91 feet to centerline Sta. 77+95.66 of North Ten Mile Drive, the point of termination; said point being on the east line of a tract as described in Book 230, Page 401, Cole County Recorder's Office, and 2933.37 feet north of the southeast corner thereof. Containing in all, 0.74 acres. ALSO. a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the office of the Director of Public Works for the City of Jefferson. AISO; a parcel of land in the Northeast corner of a tract of land as described in Book 230, Page 401, Cole County Recorder's Office and situated in part of the Northwest Fractional Quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; said parcel of land being more particularly described as follows: Beginning on the east line of the tract of land as described in Book 230, Page 401, Cole County Recorder's office, at a point 2976.55 feet north of the southeast corner '��(cont'd) .thereof; thence continuing N 03° 52' 25" W, along said east line 44.93 feet to the northeast corner of said tract of land; thence S 87° 22' 15" E, along the south line of existing North Ten Mile Drive, 171.70 feet; thence S 01° 10' 52" E, 1.84 feet; thence on a curve to the right having a radius of 145.01 feet, a distance of 76.41 ' feet; thence S 300 04' 34" E, 62.24 feet to a point 40 feet north of the centerline of proposed North Ten Mile Drive; thence on a curve to the right along the said north line of proposed North Ten Mile Drive and parallel to the centerline thereof, said curve having a radius of 994.92 feet, a distance of 79.17 feet to the point of beginning. Containing in all, 0.15 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the office of the 'Director of Public Works for the City of Jefferson. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto said part_Y of the Second Part and unto its heir* and assigns FOREVER the said. Parties of the First Part hereby convenenting that they lawfully seised of and indefeasible estate in fee in the premises herein conveyed; that they ba Ve good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said parry of the Second Part, and unto its heir* and assigns FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said part 1eS of the First Part hs Ve hereunto sat their hand S and seat '- _ the day and year first above written. SIGN u Charles Dix Smith Alice L. Smith (Names must be typed or printed under all signatures) M - A STATE OF MISSOURI, L-evN as. County of On tbi■ X-A day of (�lltiYy v�� �'� IA .., before me personally appeared Charles Dix Smith and Alice L. Smith his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the some as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Y--,,c y A r{'•A the day and year first above written. My term expires • � � , 1� CAROL BAKERSMITH 140TARY Puri u n UI IAISSOU61 St l:n),. 1.0. '�$ MY COMMISSION EVIDES FEII 7 12.8. STATE OF MISSOURI.1 f ss. County of Cole. On this day of IQ before me personally appeared and 'his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that They executed the same as their free act and deed. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires IA STATE OF MISSOURI, County of Cole, sa On this amy of— in before me personally appeared and his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed Ile same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in The day and year first above written. My term expires 19 STATE OF MISSOURI, sa. County of Cole. On this d-y of In before me personally appeared and his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free ad and deed. ' IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official scat at my office in the day and year first above written. My term expires 1Q A. STATE OF County of On this day of ))) 19 L before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged [hot____ executed the same as free act and deed. And the said further declares to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my of ficial seal at my office in the day and year first above written. My term expires 19 STATE OF County of as. On this By of 19 before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same as free act and deed. And the said further declares to be single and unmarried. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 STATE OF County of u. On thin day of IR before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same an free act and deed. And the said further declare #o be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in x. the day and year first above writtedl'. • My term expires In STATE OF MISSOURI as Document No. County of Cole 1,the undersigned Recorder of Deeds for said County and State do hereby certify that the foregoing instrument of writing was filed for record in my office on The day of 19 at o'clock and minutes M.,and Is truly recorded In Book page Witness my hand and official seal on the day and year aloresald. Recorder By Deputy SURFACE WATER DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: THIS INDENTURE, made on this G day of r,.r'')c r^•1 :'%~ , 19 `7 i , by and between Charles Dix Smith and Alice L. Smith, husband and wife of the County of Cole State of Missouri , Parties of the First Part, and the City of Jefferson, Missouri, a municipal corpor- ation, of Cale County, Missouri, Party of the Second Part. WITNESSETH: That the Part ies of the First Part in consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION payment and receipt of which is hereby acknowledged, and in consideration of the Ah qW performance of the covenants, if any, hereinafter expressly covenanted to be per- formed by the Party of the Second Part, do by these presents Deed, Convey and Transfer unto the Party of the Second Part an easement to excavate within, and install, construct, maintain, clean out, repair and replace, as applicable, (1) a surface or storm water drainage pipe or culvert, or (2) an open drainage ditch, or (3) a surface or storm water drainage pipe or culvert and an open surface water drainage ditch ----- for the routing and conveyance of storm water and surface water in, under, over and upon the following-described lots, tracts or parcels of land, lying, being and situate in the City of Jefferson, County of Cole, State of Missouri, to-wit: A strip of land 15 feet of even width across part of a tract of land as described in Book 230, Page 401, Cole County Recorder's Office and situated in the West Half of the Southwest Quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 15 foot strip being-more particularly described as follows: From the Southwest corner of said Section 3; thence North along the Section Line, 2188.71 feet to centerline Station 61+77.94 North Ten Mile Drive (Federal Aid Urban Project M-3112(501)) ; thence Northeasterly along the centerline of said North Ten Mile Drive the following courses: N 620 55' 16" E, 80.89 feet; on a curve to the left having a radius of 5729.62 feet, a distance of 388.87 feet to centerline Station 66+47.70; thence leaving the centerline of North Ten Mile Drive on a bearing of N 340 59' 5oll W, 83.00 feet to the point of beginning of the centerline of the 15 foot strip; thence S 34° 59' 50" E, 170.00 feet to the point of termination. ALSO, a strip of land 10 feet wide across part of a tract of land as described in Book 230, Page 401, Cole County Recorder's Office and situated in the West Half • of the Southwest Quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; said 10 foot strip of land being North of and adjacent to the Northerly Line of North Ten Mile Drive (Federal Aid Urban Project M-3112(501)) between Station 66+47.70 (40 foot left) and 67+22.70 (40 foot left) ; the centerline of said North Ten Mile Drive being more particularly described as follows: From the southwest corner of said Section 3; thence north along the Section Line 2188,71 feet to centerline St. 61+77.94 North Ten Mile Derive and the point of begin- ning for this description; thence N 620 55' 16" E, 80.89 feet.; thence on a curve to • the left .having a radius of 5729.62 feet, a distance of 540.9 eet to center ine Station 67+99.74, the point of termination; said point being on the south line of a tract as described in Book 230, Page 397, Cole County Recorder's Office, and 34.06 feet east of the southwest corner thereof. Second Party expressly covenants as follows: TO HAVE AND TO HOLD with all the rights, immunities, privileges and appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained, so that neither the Partiesof the First Part nor their heirs, grantees, assigns, or successors, nor any person or person's for them or In. their name or behalf, shall hereafter make any use of the above-described ® premises in a manner that is inconsistent with, or in any way interferes with the use by Second Party of, the easement herein deeded, conveyed and transferred to the Party of the Second Part. IN WITNESS WHEREOF, the Part ies of the First Part hcve caused these presents to be signed the day and year first above mentioned. S $ Charles J.x Smith S`G� a A Smith STATL Or MISSOMI ) COUNTY OF ) On this ,,�...._ day of _ fir, _ 19� before me personally app©arod Charles Dix Smith and Alice L. Smith • his wife, to me known to be the persons described in and who executed the fore- going instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in _ ��� �, c,�C `C�.S �s , the day and year first above written. My term expires CAROL BAKERSMITH Notary Public NOTARY PUBLIC SIAIE OF MISSOURI Sl LOUIS Co. r , i STATE OF _ ) COUNTY OF ) On this day of 19 , before me personally appeared to me known to be the person_ described in and vvh o executed the foregoing instrumbnt and acknowledged that executed the same as free act and deed. And the said further declares to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires:_ Notary Public w 0 •� : ', AGREEMENT THIS AGREEMENT, made and entered into this 1st eay of November 1983, by and between the City of Jefferson, Missouri, (CITY ) , and Tom n. Smi h_ and .1panette Smith (OWNER) . WITNESSETH: That for and in consideration of mutual promises and covenants herein contained the parties agree as follows : OWNER does agree to execute a Warranty Deed for certain portions of the Southwest and Northwest Fractional Quarters of Section 3, Township 44 North, Range 12 West in the City of Jefferson, Missouri, a description of which is -attached hereto, to be used as street right-of-way for the construction -of North Ten Mile Drive. OWNER also agrees to execute the necessary _ documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvement. In connection with and as a part of the consideration the CITY does agree as follows : 1 ) To award a contract for the construction of the proposed improvement (per plans and specifications on file in the office of the Director of Public Works , 320 East McCarty Street, Jefferson City, Missouri. It is further understood that said improvement through the owners property shall be completed either by December 31, 1984 or within one hundred fifty ( 15 0 ) working days from March 15, 1984 , whichever is the latest. Should the work not be completed within the afore- mentioned time limit, liquidated damages shall be assessed at $100. 00 per day against the City. (A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition . ) 2 ) To final grade, fertilize, seed and mulch all disturbed areas , which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement . 3 ) To allow the owner a maximum of one ( 1 ) private drive access per 200 linear feet of roadway frontage from Station 67+99 to Station 69+47 • This access shall be constructed with turn-around capabili- ties to discourage vehicles from backing into the driving lanes of the proposed roadway. Additionally to allow street right-of- way access points in accordance with the rules and, regulations in the Subdivision Ordinance of the City of Jefferson. , 4® All necessary legal descriptions for the proposed improvement shall be prepared by the City of Jefferson at no cost to the owner. (This M .. include any cost for vacating existing right-of-ways not needed for the 'proposed improvements to the adjoining owners . ) It shall be further understood that all rights-of-way for the roadway which njw crosses owner's property that are not required for the proposed ® improvement shall be vacated within 60 days after project completion. 5) To provide for the construction of all utility crossings as shown on the plans for the Construction of North Ten Mile Drive at no cost to the owner. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this 1st day of November 1983. CITY OF JEFFERSON OWNER r/ (lpy) (By) f , v Tom D. Smith ATTEST: City Clerk eane a Smith (CITY SEAL) W CONSENT AND WAIVER FOR GRADING I (WE) Tom D. Smith and Jeanette Smith, husband and wife as owner(s) of a tract described in Book 230 , Page 397, Cole County Recorder's Office for myself (ourselves) and, my (our) successors in title, do hereby consent to the grading of and the installation of improvements and all other necessary appurtenances in the areas as depicted on the plans, drawings, specifications for the improvement of "North Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be carried by the City of Jefferson of its contractor for damages to his (their) property. Tom D. Smith Jeanette Smith Address ��a i -'%��-°-•- �'' �` Witness : ® Date 1 AFI"IllAM We Tan D. Smith and Jeanette Smith, husband and wife ® hereby certify under oath that: ® 1. It has received a copy of and has read the provisions of Title III, the Uniform heal Property Aquisition Policy; 2. It is now aware of its rights under said Title III, and have been apprised of the specific requirements of said Title III; 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transfer to the City of Jefferson from the owners is shown per attached Warranty Deed and Grading Waiver for the construction of North Ten toile Drive Federal Urban Aid Project RZ--3112(501). IN WITNESS WHERBOF, the undersigned have hereunto set their hands this 1st day of November 1983. '-- t 'k-" Tom D. Smith eanette�mit�—' SPATE OF P4ISSOURI) SS ODURN OF ODLE ) On this lst day of November 1983, before me personally appeared described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed and swore the contents as true to the best of their knowledge and belief. IN TESTIMONY W1 M=F, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. L�TARY PUBLIC My Corrrlission expires: KAY NIERMEYER July 20, 1984 NOTARY PUBLIC STATE Of MISSOURI COLE COUNTY MY COMMISSION EXPIRES JULY 20, 1114 GENERAL WARRANTY DEPI) This InfIf•nIDW Kith- On 11110 t 1.1%. fit NoN,ciiilwr A 1). I4_ h u s b a n d--and ­wl f 6 TOM D. Smith _and _Jc­_a_ne- 't te smith , b). and bel%%ren of the Courtly of Cole in. flit, Stiff(• of Slo-wori• part A�P_s_ (it flit• First 11•111 and The City of Jefferson, Missouri,.__A )at. C-0-r-p-q-ratign- _Ulu n:�c , LW _ flGranives mailing address 240 E. Hiqh Street,—Jefferson City, Missouri 651_01 of the County of - Cole . in flit- State of Missouri. earl Y (;I the Second Part: WITNESSETH, That the said Part 1e's of Ihi• First Port in consideration fifth(- sum of ___Qn9 DD12AX_And_Qth.e_r_ - valuable considerations_ DOLLARS, to them paid by thi- said part Y___ of the St-cond part. Ihv receipt of which is hervii)• acknowledged. (to — by thest, presents. GRANT. BARGAIN AND SEI.I.. CONVPN' AND CONFIRM onto 1he said part Y of the Second Parl, its heirs and assigns,[fit, following described lots.tracts or parcels of land I}ing,living and situate in the County of Cole. Staff- of Missouri.lo-wit: A strip of land 80 feet of even width across a tract of land as described in Book 230, Page 397, Cole County Recorder' s Officeft 'and situated in part of the Southwest Quarter and in part of the Northwest Fractional Quarter, all in Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri;. the centerline of said 80 foot strip being more particularly described as follows: Beginning at a point bn the south line of said tract of land *at centerline Sta. 67+99.74 of North Ten Mile Drive; Said point being 34. 06 feet east of the southwest corner thereof; thence on a -curve to the left having a radius of 5729.62 feet, a distance of 146.90 feet to centerline Sta. 69+46. 64 of North Ten Mile Drive, the point of termination; said point being on the east line of said tract of land and 72 . 07 feet north of the southeast corner thereof. Containing in all, 0. 26 acres. ALSO, a temporary construction easement adjacent to the above described ract and as shown on plans entitled "North Ten Mile Drive (Federal 6t*d Urban Project M-3112 (501) ) " on file in the office of the Director of Public Works for the City of Jefferson. TO HAVE AND TO HOLD the premises aforesaid.with all and singular the rights.privileges,appurtenances and immunities thereto belonging or in -anywise appertaining, onto the said part -y of the Second Part and unto its heirs and assigns FOREVER. the said Parties of the First Part hereby covenanting that they lawfully seized of an indefeasible estate in fee in the premises herein conveyed: [hat they ha ve good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by thERM or Those under whom they claim and that they - will warrant and defend The title to said premises onto the said part y of the Second Part. and unto its heirs and assigns FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF. the said part_i_QJ1 of the First Part ha VP- hereunto set_tb_e_iZ hand S and seal -q the day and ygx-first abovp wr -7 Tom D. Smith eanette Smith STATE" or MISSOURI l ss. Cuonly of Cole. Ist November 83 On this day of 19 before me personally appeared --Tom D. Smith and Jeanette Smith, husband and wife lit my kno%%n it) by the person S — descrilit-d in drid who executed the foregoing instrument and acknowledged that — they exi•coled flit! Saint- as their free act and deed,-Anct-thrmirnt- hffhrrrtvHznm--------------------nrrtr-rrM r-nrnt-mrnrTrr)r-d- IN rp.s,nMONY W11FREOF. I have hereunto set my hand and affixed my official seal al office in 1 Jefferson City flo- day dnd year first above oritien. My term rquies KAY N I ER ______N'0TART rUBLIC STATE of MISSOURI 9 VNAMES MUST BE TYPED OR PRINTED UNDER ALL SIGNATURES) t;(JtL" COUNly My COMMISSION EXPIRES jL11y • e 19 s,rA'rk* or MISSOURI I Doc e umnt it .51. County of Cole I 1.fliv undioria)?ned kriords•r of Dreds for said County and Stiff-do herrby i-vt1ify that the- foregoing instrumuril of wroing was filed for fri-curd in in% offict,on Ito- ___ day of to— at il't.lorl, and minutes M.•and is Iful) im.ordt-d of li•sol, ___ p,tio. Witnt-h► my li.oid and official iii-A on the day and liar ifurv%jid. Recorder by -en.-CONINAL ♦A16411NO co • AGREEMENT THIS AGREEMENT, made and entered into this 1st day of November 1983, by and between the City of Jefferson, Missouri, (CITY), and Mary ji lia Smith, Marjorie L. Dix (OWNER). WITNESSETH: That for and in consideration of mutual promises and covenants herein contained the parties agree as follows: OWNER does agree to execute a Warranty Deed for certain portions of the Southwest Quarter of Section 4, Township 44 North, Range 12 West in the City of Jefferson, Missouri, a description of which is attached hereto, to be used as street right-of-way for the construction of North, Ten Mile Drive. OWNER also agrees to execute the necessary documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvements. In connection with and as a part of the construction the CITY does agree as follows: To award a contract for the construction of the proposed improvements (per plans and specifications on file in the office of the Director of Public Works, 320 East McCarty Street, Jefferson City, Missouri. It is further understood that said improvements through the owners property shall be completed either by December 31, 1984, or within one hundred fifty (150) working days from March 15, 1984, whichever is the latest. Should the work not be completed within the aforementioned time limit, liquidated damages shall be assessed at $100.00 per day against the City. (A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition. ) 2) To final grade, fertilize, seed and mulch all disturbed areas, which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement. 3) All necessary legal descriptions for the proposed improvement shall be prepared by the City of Jefferson at no cost to the owner. (This includes any cost for vacating existing rights-of-ways not needed for the proposed improvements to the adjoining owners. ) It shall be further understood that all rights-of-way for the roadway which now crosses owners property that are not required for the proposed improvement shall be vacated within 60 days after project completion. 4) To provide for the construction of all utility crossings as shown on the plans for the Construction of North Ten Mile Drive at no cost to the owner. r IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this 1st day of November 1983. CITY OF JEFFERSON OWNER r (By) (By)--YVL Mary Wa Smith ATTEST: ` City C k Mar' ie L. Dix (CITY SEAL) (deceased) AFFIDAVIT �• We T;=Doman= th, h4M Julia Dix Smith, and Tom Dix Smith d/b/a . Dix Nursery hereby certify under oath that: 1. It has received a copy of and has read the provisions of Title III, the Uniform Real Property Aquisition Policy; 2. It is now aware of its rights raider said Title III, and have been apprised of the specific requirements of said Title III; ` 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transfer to the City of Jefferson from the owners is shown per attached Warranty Deed, Grading Waiver and Surface Water Drainage Easement for the construction of North Ten Mile Drive Federal Urban Aid Project M-3112(501). IN WITNESS IMUMOF, the undersigned have hereunto set their hands this lst day of November � 1983. � ,cy UA ix mi t Tom Dix Smith SPATE OF MISSOURI) SS COUNTY OF COLE On this lst day of November 1983, before me personally appeared described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed and swore the contents as true to the best of their knowledge and belief. IN TESrIMNY WHEEMOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. &ARff PUBLIC My Comru.ssion expires: July 20, 1984 NOTARYPUBLIC gE�OF MISSOURI MY COMMI S COLE COUNTy EXPIRES U Y 20. 19S4 GENERAL WARRANTY DEED This Indenture, Made o the 1St ,ray of November A. D.. 19_M C� ReSje by and between T:= a an- mi h, Mary Julia Dix Smith, and Tom Dix Smith; d/b/a Dix Nursery, North Ten Mile Drive, Jefferson City, a partnership of the County of Cole in the Stale of Missouri, part ieG of the First Part, and The City of Jefferson, Missouri, a municipal corporation whose mailing address is: 240 E. High Street, Jefferson City. Missouri 65101 of the County of Cole in the State of Missouri. part Y of the Second Part: WITNESSETH. That the said part ies of the First Part in consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION DOLLARS to them paid by the said part_ )7 of the Second Part. The receipt of which is hereby acknowledged, do by these presents. GRANT. BARGAIN AND SELL, CONVEY AND CONFIRM unto the said part Y_ of the Second Part, ?IS heirs and assigns. the following described lots. tracts or parcels of land lying, being and situate in the County of Cole, State of Missouri, to wit: A strip of land 80 feet of even width across a tract of land as described in Book 196, Page 361, Cole County Recorder's Office and situated in part of the Southwest Quarter and part of the Northwest Fractional Quarter, all in Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 80 foot strip being more particularly described as follows: Beginning at a point on the west line of said tract at centerline Sta. 69+46.64 of North Ten Mile Drive, said point being 72.07 feet north of the southwest corner thereof; thence on a curve to the left having a radius of 5729.62 feet, a distance of 174.98 feet; thence N 54° 17' 36" E, 269.67 feet to centerline Sta. 73+91.29 of North Ten Mile Drive, the point of termination; said point being on the east line of said tract and 299.47 feet north of the southeast corner thereof. Containing in all, 0.82 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))" on file in the Office of the Director of Public Works for the City of Jefferson. M A.���. TO HAVE AND TO HOLD the premises aforesaid. with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto said psrL_Y of the Second Part and unto i is heirs and assigns FOREVER the said. Parties of the First Part hereby coovenanting that they lawfully ® seised of and indefeasible estate in fee in the premises berein conveyed: that *ley ba ve good right to convey the same. [bat the said premises are free and clear of any incumbrancea done or suffered by them or those under whom MiP-ir claim and that they will warrant and defend the title to said premises unto the said part y of the Second Part, and unto. its heirs and assigns FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said port ies of the First Part haMe hereunto set their hand_ and seat s the day and year first above written. T,Mahan-Sa>Ub-(deceased) Mary Julia Dix Smith c ` Tom Dix Smith • (Names must be typed or printed under all signatures) STATE OF County of ss. On this day of 19 before me personalty appeared (dec€ased) to me known to be the person he described in and who executed the foregoing instrument and acknowledged that executed the some as his free act and deed. And the said T. Mahan Smith further declares himself to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 STATE OF 1 J} as. County of On this day of 19 before me personally appeared Mary Julia Dix Smith to me known to be the person described in and who executed the foregoing instrument and acknowledged that she xeculed the same as her free act and deed. And the said Mary Julia Dix Smith further declares herself to be single and unmarried. IN TESTIMONY WHEREOF. f have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires to STATE OF County of On this day of 19- before me personally appeared to me known to be the person described In and who executed the foregoing instrument and acknowledged that executed the some as free act and deed. And the said further declares_ to be single and unmarried. IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed my official seal at my office In the day and year first above written. My term expires tp STATE OF MISSOURI l ss. Document No. County of Cole f 1,the undersigned Recorder of deeds for said County and State do hereby certify that the foregoing instrument of writing was tiled for record in my office on the day of t9 at o'clock and minute M.,and is truly recorded in Book page Witness my hand and official seat on the day and year aforesaid. Recorder By Deputy w . STATE OF MISSOURI. sa. County of Cole, On ibis 1St day of No3Ze ber in 83 before me personally appeared Tom Dix Smith and his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto I my hand and affixed my official seal at my office in JeAerson City the day and year first above written. My term expires July 20 tIA 84 NOTARY PUBLIC STATE OF MISSOURI COUNTY COLE MY COMMISSION EXPIRES JULY 20, 1914 STATE OF MISSOURI.l f ss. County of Cole. On [hie day of 12 , before me personally appeared and 'his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal at my office in—, [he day and year first above written. My term expires 1A STATE OF MISSOURI,t County of Cole, I On this day of 10 before me personally appeared and his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, f have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires �a STATE OF MISSOURI, aa. County of Cole, On this ruy of 28 before me personally appeared and his wife, to me known b be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free ad and dead. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my ofriciai seal at my office in the day and year first above written. My term expires �a T�V*iC' �ht:1 SURFACE WATER DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: THIS INDENTURE, made on this 1st day of November 19 83 , by and between T:-i�Nan' mith, Mary Julia Dix Smith, and Tom Dix Smith; d/b/a Dix Nursery, North Ten..Mile Drive, Jefferson City, a partnership of the County of Cole State of Missouri , Part of the First Part, and the City of Jefferson, Missouri, a municipal corpor- ation, of Cole County, Missouri, Party of the Second Part. WITNESSETH: That the Part ies of the First Part in consideration of the sum of One Dollar and other valuable considerations __- payment and receipt of which is hereby acknowledged, and in consideration of the performance of the covenants, if any, hereinafter expressly covenanted to be per- formed by the Party of the Second Part, do by these presents Deed, Convey and Transfer unto the Party of the Second Part an easement to excavate within, and install, construct, maintain, clean out, repair and replace, as applicable, (1) a surface or storm water drainage pipe or culvert, or (2) an open drainage ditch, or (3) a surface or storm water drainage pipe or culvert and an open surface water drainage ditch ----- for the routing and conveyance of storm water and surface water in, under, over and upon the following-described lots, tracts or parcels of land, lying, being and situate in the City of Jefferson, County of Cole, State of Missouri, to-wit: A strip of land 20 feet of even width across a tract of land jas described in Book 196, Page 361, Cole County Recorder's Office and situated in part of the Southwest Quarter and part of the Northwest Fractional Quarter, all in Section 3, Township 44'North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, the centerline of said 20 foot strip being more particularly described as follows: From a point on the west line of said tract at centerline Station 69+46.64 of North Ten Mile Drive (Federal Aid Urban Project M-3112(501)) ; said point being 72.07 feet north of the southwest corner thereof; thence on a curve to the left having a radius of 5729.62 feet, a distance of 174.98 feet; thence N 540 17' 36" E, 174.64 feet to centerline Station 72+96. 25 of North Ten Mile Drive; thence leaving said centerline on a bearing of N 220 09' 31" W, 85.00 feet to the point of begin- ning of the centerline of said 20 foot strip; thence S 220 09' 31" E, 165.00 feet to the point of termination. ALSO, a strip of land across a tract of land as described in Book 196, Page 361, Cole County Recorder's Office and situated in part of the Southwest Quarter and part of the Northwest Fractional Quarter, all in Section 3, Township 44 North, • Range 12 West, in the City of Jefferson, County of Cole, Missouri, said strip of land being south of and adjacent to the south line of North Ten Mile Drive (Federal Aid Urban Project M-3112(501)) ; said strip of land being 0.00 feet in width at Station 72+46 (40 feet right) and 20.00 feet in width at Station 72+76 (40 feet right) ; the centerline of said North Ten Mile Drive being more particularly described as follows: Beginning at a point on the west line of said tract at centerline Station 69+46.64 of North Ten Mile Drive, said point being 72.07 feet north of the southwest corner thereof; thence on a curve to the left having a radius of 5729.62 feet, a distance G{ 17G.98 feet; thence N 540 17' 36" E, 269.67 feet to centerline Station 73+91.29 of North Ten Mile Drive, the point of termination; said point being on the east line of said tract and 299.47 feet north of the southeast corner thereof. Second Party expressly covenants as follows: TO HAVE AND TO HOLD with all the rights, immunities, privileges and appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained, so that neither the Parties of the First Part nor their heirs, grantees, assigns, or successors, nor any person or persons for them or in their name or behalf, shall hereafter make any use of the above-described premises in a manner that is inconsistent with, or in any way interferes with the use by Second Party of, the easement herein deeded, conveyed and transferred to the Party of the Second Part. IN WITNESS WHEREOF, the Part ies of the First Part h °c a aused these presents to be signed the day and year first above mentioned. T;;=44ak arr smith (deceased) w Mary Jihga Dix Smith Tom Dix Smith J. w J STATE OF MISSOURI •) s5. COUNTY OF COLE ) On this _fit day of 11ovember 1983 before me (deceased). personally appeared �'� � = abarF=Sm3:1:h, Mary Julia Dix Smith, and Tom Dix f Smith �lyf�sfe� to me known to be the persons described in and who executed the fore- going instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City the day and year first above written. My term expires July 20, 1984 MW Notary P blic KAY NIERMEYEg _ PUBLIC; STATE OF MISSOURI COLE COUNTY STATE OF MY COMMISSION EXPIRES JULY 200 1984 ss. COUNTY OF ) On this day of 19 , before me personally appeared to me known to be the person_ described in and wh o executed the foregoing instrument and acknowledged that executed the same as free act and deed. And the said further declares to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires: Notary Public AGREEMENT THIS AGREEMENT, made and entered into this day of 1983, by and between the City of Jefferson, . Missouri, (CITY) , and `�;-(deceased) are=Qpmth_Marv_,7ulia nix RmiFh, Tom nix Smith (OWNER) . WITNESSETH: That for and in consideration of mutual promises and covenants herein contained the parties agree as follows : OWNER does agree to execute a Warranty Deed for certain portions of the Southwest and Northwest Fractional Quarters in Section 3, Township 44 North, Range 12 West in the City of Jefferson, Missouri, a description of which is attached hereto, to be used as street right-of-way for the construction -of North Ten Mile Drive. OWNER also agrees to execute the necessary _ documents granting the City the temporary construction easements and utility easements described in attachments hereto. The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvement. In connection with and as a part of the consideration the CITY AM does agree as follows : wr 1) To award a contract for the construction of the proposed improvement (per plans and specifications on file in the office of the Director of Public Works , 320 East McCarty Street, Jefferson City, Missouri. It is further understood that said improvement through the owners property shall be completed either by December 31, 1984 or within one hundred fifty ( 150 ) working days from March 15, 1984 , whichever is the latest. Should the work not be completed within the afore- mentioned time limit, liquidated damages shall be assessed at $100 . 00 per day against the City. ( A working day shall be defined per Section 108 "Prosecution and Progress" of the Missouri Standard Specifications for Highway Construction 1981 Edition. ) 2 ) To final grade, fertilize, seed and mulch all disturbed areas , which are not paved and take reasonable steps to protect trees outside the right-of-way within grading easement . 3 ) To allow the owner a maximum of one ( 1 ) private drive access per 200 linear feet of roadway frontage from Station 69+46 to Station 73+92 This access shall be constructed with turn-around capabili- ties to discourage vehicles from backing into the driving lanes of the proposed roadway. Additionally to allow street right-of- way access points in accordance with the rules and regulations in the Subdivision Ordinance of the City of Jefferson. . All necessary legal descriptions for the proposed improvement shall be prepared by the City of Jefferson at no cost to the owner . ( This .:ric:ludes any cost for vacating existing right-of-ways not needed for the proposed improvements to the adjoining owners. ) It shall be further understood that all rights-of-way for the roadway which ® now crosses owner's property that are not required for the proposed improvement shall be vacated within 60 days after project completion. 5) To provide for the construction of all utility crossings as shown on the plans for the Construction of North Ten Mile Drive at no cost to the owner. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this 1St day of November 1983. CITY OF JEFFERSON OWNER (By) (By)—i-Y, Mary Jul&h Dix Smit •- ATTEST: .2e�_Ul_ ll /G7'"1 �C�iLcG City Clerk TOM m bmILtn (CITY SEAL) _ � _ CONSENT AND WAIVER FOR GRADING (deceased) I, (WE) T-:-Mahan-8mi-th, Mary Julia Dix Smith, and Tom Dix Smith, a Dix NurseTcy as owner(s) of a tract described in Book 196, Page 361, and Book 206, Page 218, Cole County Recorder's Office for myself (ourselves) and, my (our) successors in title , do hereby consent to the grading of and the installation of improvements and all other necessary appurtenances in the areas as depicted on the plans, drawings, specifications for the improvement of "North. Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be carried by the City of Jefferson of its contractor for damages to his (their) property. Mary JOI#a Dix SmitlY Tom Dix 8mith Address Witnes Date some" CONSENT AND WAIVER FOR GRtADING I (WE) Mary Julia Smith and Marjorie L. Dix as owner(s) of Part of the Southwest Quarter of Section 4, Township 44 North, Range 12 West, west of Scott Station Road for myself (ourselves) and� my (our) successors in title , do hereby consent to the grading of and the installation of improvements an all other necessary appurtenances in the areas as depicted in the plans, drawings, specification for the improvement of "North Ten Mile Drive" (Federal Aid Urban Project M-3112 (501) ) as on file in the office of the Director of Public Works for the City of Jefferson as shown on the plans and do release and discharge the City of Jefferson, Missouri , from all claim for grading damages or compensation that might arise by reason of the said grading of said street and for the use of such easements to support fills. and for cuts-back as may be necessary for the grading of the said street to the width as shown. It is further understood that the undersigned property owner(s) is (are) protected during this construction by insurance required to be carried by the City of Jefferson of its contractor for damages to his (their) property. _ Wry T6iih a r i.e ix Jul Address Witness : ® Date ����3 :,. All-IDAVIT L. We Mary Julia Smith, a single person and Marjorie Dix, a single person ® hereby certify under oath that: 1. It has received a copy of and has read the provisions of Title III, the Uniform real Property Aquisition Policy; 2. It is now aware of its rights under said Title III, and have been apprised of the specific requirements of said Title III; ° 3. Having been so apprised we hereby confirm the settlement received by us is acceptable to us in relation to all applicable terms of Title III. The property involved in the transfer to the City of Jefferson from the owners is shown per attached Warranty Deed and Grading Waiver for the construction of North Ten Mile Drive Federal Urban Aid Project M-3112(501). IN WITNESS 190MF, the undersigned have hereunto set their hands this 1st day of November 1983. MIFW Jul Smith F 4g STATE OF 14ISS0URI ) rho L. Dix SS COUNTY OF OGLE ) On this lst day of November 1983, before me personally appeared described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed and swore the contents as true to the best of their knowledge and belief. IN TESTIN.'ONY I'MERBDF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NUT PUBLIC My Conrassion expires: July 20, 1984 KAY NIEUEYER NOTARY PUBLIC STATE Of MISSOURI COLE COUNTY MY COMMISSION EXPIRES JULY 20, Iy� GENERAL. V'i.'.1'1►RIIANT'Y DEED (Tilts Pnbrnfltrr, Mackon the 1St day of November A.D.. 19 83 by and between Mary Julia Smith, a single person; and Marjorie L. Dix, a single person of the County of Cole , in the state of Missouri, pert ies of the First Part, and The City of Jefferson, Missouri, a municipal corporation Grantees mailing address 240 E. High Strut, Jefferson City, Missouri 65101 of the Countv of Cole in the State of Missouri, party of the Second Part: WITNESSETH, That the said part_ieS_of the First Part in consideration of the sum of One Dollar and other valuable considerations DOLLARS, to them paid by the said part_Y_—,of the Second part, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN, AND SELL, CONVEY AND CONFIRM unto the said part V _of the Second Part, its heirs and assigns, the following described lots, tracts or parcels of land lying, being and situate in the County of Cole, Slate of Missouri to wit: A parcel of land situated in part of the Southwest Quarter of Section 4, Township 44 North, Range 12 West, .in the County of Cole, City of Jefferson, Missouri; more particularly described as follows: . From a stone at the Northwest corner of the Southwest Quarter of said Section 4; thence east along the Quarter Section Line, 2130.9 feet, more or less, to the west line of Scott Station Road; thence S 360 57' 05" E, along the west line of said Scott Station Road, 810.42 feet to the point of beginning for this description; thence continuing S 361 57 ' 05" E, along said west line, 191.48 feet; thence southwesterly on a curve to the left having a radius of 1776.37 feet, a distance of 32.10 feet; thence northwesterly on a curve to-the left having radius of 884. 94 feet, a distance of 200.37 feet; thence N 540 11' 59" E, 4. 84 feet to the point of beginning. Containing in all 046 acres. ALSO, a temporary construction easement adjacent to the above described tract and as shown on plans entitled "North Ten Mile Drive (Federal Aid Urban Project M-3112 (501) ) " on file in the office of the Director of Public Works for the City of Jefferson. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said party of the Second Part and unto its heirs and assigns FOREVER, the said Parties of the Second Part hereby covenanting that they lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that they ha Ve good right to convey the same: that the said premises are free and clear of any incumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said part of the Second Part, and unto its heirs and assigns FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said part leS of the First Part have hereunto set theiFand S and seaL S the day and year first above written. Ma.fy Ju a Smith t Marjq,tie L. Dix (Names Must lie T.%1wd ur Printed tender All Signaturvsl __•.___�._ ._ .� .._ _� _ ___.._______, STATE OF MISSOURI 1 DD County of Cole J On thi4 ,.--day of 19—, before me personally appeared ® and his wife,to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 19 Notary Public STATE OF MISSOURI 1 )} ss County of Cole On thin 1St day of November 1913 , before me 'personally appeared Mary Julia Smith and Mariorie L. Dix to me known to be the person S described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. And the said Mary Julia Smith and Marjorie L. Dix ® further declares_themselye% be single and unmarried. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at my office in Jefferson City the day and year first above written. My ter xpires - 7-20 19 84 i Notary Public KAY NIERMEYER NOTARY PU13LIC STATE OF MISS OUR, COLE COUNTY MY COMMISSION EXPIRES JULY 20, 3934 i STATE OF MISSOURI as. County of Cole Document No I the undersigned Recorder of Deeds for said County and State do hereby certify that the foregoing instrument of writing was filed for record in my office on the day of , 19 at o'clock and minutes—M., and is truly recorded in Book Page Witness my hand and official seal on the day and year aforesaid David R. Newsam, Recorder of Deeds. By Deputy INS"o mual be typed a prlMed undoor an$ipnalwa) NIlI1rXN 1JTN0 PLAINT 00.