HomeMy Public PortalAboutORD10070 BILL NO.
SPONSORED BY COUNCILMAN U
ORDINANCE NO. Ozn 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND THE CLERK TO EXECUTE CONTRACTS FOR THE PURCHASE OF 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 John M. Hager and Pauline C.
Hager for the purchase of Rights of Way and easements described
in the contract for the sum of $5,000. 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 Thomas Harold Hoskins and
Nadine Hoskins for the purchase of Rights of Way and easements
described in the contract for the sum of $4, 000. The contract
shall be substantially the same in form and content as the contract
attached hereto as Exhibit B.
Section 3. This ordinance shall be in full force and effect
from and after its passage and approval. s�
19 Passed 10 •-3 - g Approved
P i ing Off ' cer yor,
ATTEST:
City Clerk
AGREEMENT
GREEMENT, made and entered into this day of
1983, by and ;between the City of Jefferson, Missouri,
CITY, and John M. Hager and Pauline C. Hager
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, for the sum of Five Thousand Dollars ($5,000.00)
The initial cost shall be borne by the City and which will be in no way
assessed to the OWNER or remaining property bordering the improvement.
AM In connection with and as a part of the consideration the CITY does agree
AW as follows:
1) 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.
2) To allow the owner a maximum of one (1) private drive access per 200 linear
feet of roadway frontage. This access shall be constructed with turn-around
capabilities 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.
3) All necessary legal descriptions for the proposed improvement shall be
prepared by the City of Jefferson at no cost to the owner.
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, he parties have hereunto set their hands and
seals this day of a �. 1983.
CITY OF JEFFERSON OWNER
(Hy) (By)
SEA
ATTEST:./
City Clerk
AF VIDAVIT
We John M. Hager and Pauline C. Hager, husband and wife
hereby certify under oath that:
1. It has received a copy of and has read the provisions of Tittle 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 term 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
for the construction of North Ten Mile Drive Federal Urban Aid Project
M-3112(501).
IN WITNESS WHERBOF, the undersigned have hereunto set their hands
this ,�24 day of rAu Z 1983.
tint, A.
Li
�,C�-�•_,��.5 lcba.a�
STATE OF 11ISSOURI) SS
COUNTY OF OGLE
On this 24 day of(�jLj,- i , 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 I'ff Ei.170F, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid, the day and year first
above written.
BEM�� PUBLIC
R
My Conrtission expires: NOTARY PUBLIC,STATE OF MISSOURI
COUNTY OF COLE
CONSENT AND WAIVER FOR GRADING
I (WE) John M. Hager and Pauline C. Hager, husband and wife
as owner(s) of a tract described in Book 108, Page 561, 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
AMMW
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.
Jove,-
Address
Witness :
Date
GENERAL WARRANTY DEED
Zilio Pnbe dare, Moth- tin —day nf._L1C__c..�ill.% �A.D., 111 10
by and between John M. Hager and Pauline C. Hager, husband and wife
of the County of Cole in the State or Missouri, port.les—of the First fart, find
The City of Jeff wra Missouri, a munici_ l ct arat3on
Grantees mailing address 240 E. High Street, Jefferson City, Missouri 65101
of the County of 0010 , 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_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 said 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 108, Page 561, 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 80 foot strip being more particularly described
as follows:
mr Beginning at a point on the west line of said tract of land at
centerline Sta. 53+97. 23 of North Ten Mile Drive; said point being
397. 52 feet north of the southwest corner of said tract of land;
thence N 62° 55' 16" E, 446.09 feet to the centerline Sta. 58+43.32
of North Ten Mile Drive, the point of termination; said point being
on the east line of said tract and 573 .05 feet north of the southeast
corner of said tract bf land.
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.
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 —
First Part hereby covenanting that they lawfully
seized of an 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 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 des of the First Part he Ve hereunto set thei�and s
and.seal S e day and year first above written,
ohn M. Hager
,,�..•: Pauline C. Hager
nn
NL
(Namer Must Be Typed or Printed Under All Signatures)
STA'a., OF miss0UR1 l
NN
County of Cole /�
On this c2l day of CSJG o �� 1ly-211 , before me-personally appeared
John M. Hager
and Pauline G. Hager
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.
+r>> IN TESTIMONY WHEREOF, I have hereunto s t my hand 1 ffixe my official seal
lit my office i ii1
.a �.
.;?' r�- •• '�. the day and year first above writtc .
�WT0 QfiR 1 19
NOTARY PUBMITATEI'OMMOURi
COUNTY OF COLE
STATE OF MISSOURI 1 '
1} 'as
County of Cole
On this day of 19 , before me personally appeared
p 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.
Aft IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal
1p at my office in
the day and year first above written.
My term expires 19
Notary Public
;,yam
t�
r
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
i 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.
i
David R. Newsam, Recorder of Deeds.
By
Deputy
tip;,•'�; r
5 ?`•..t .., r
fAWM ONO be typed of prinled under all•Ignatunt)
rr:
AGREEMENT
HIS AGREEMENT, made and entered into this day of
1983, by and ;between the ity of Jefferson, Missouri,
CITY, and Thomas Harold Hoskins and Nadine Hoskins
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 Ouarter 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, for the sum of _ Four Thousand Dollars ($4,000.00)
The initial cost shall be borne 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 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.
2) To allow the owner a maximum of one (1) private drive access per 200 linear
feet of roadway frontage. This access shall be constructed with turn-around
capabilities 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.
3) All necessary legal descriptions for the proposed improvement shall be
prepared by the City of Jefferson at no cost to the owner.
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 WITNE . WHEREOF, th arties have hereunto set their hands and
seals this �day of � cQti 1983.
CITY OF JEFFERSON OWNER
(EY)� (BY)
(SEAL)
ATTEST: t ''L�tJ�OJ
.GJ
City C &rk
We Thomas Harold Hoskins and Nadine Hoskins, 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 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 ?i.le Drive Federal Urban Aid Project
M-3112(501).
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
this ca�� S� day of �vcc�!�,Lol. 1983.
® STATE OF IIISSOURI) SS
COUNTY OF OGLE
On this day of �Q f 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 TESTIMNY WIM70F, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid, the day and year first
above written.
PUBLIC
Thy Com:v ssion e>q Tres STATE Of MISSOURI
. couNTr of ootE
CONSENT AND WAIVER FOR GRADING
® I (WE) Thomas Harold Hoskins and Nadine Hoskins, husband and wife
as owner(s) of a tract described in Book 136 , Page 264, 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
Ah
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
0
GENERAL WARRANTY DEED '
� � 1
�jjt$ Iii1QYYturr� Murle rm the_^1!' 8ny rit S_`G! � A.D., 19
� by and between
Thomas Harold Hoskins and Nadine Hoskins, husband and wife
s.
' of the County of Cole in the State of Missouri, pert ies of the First Part, and
The City of Jefferson, a municipal corporation
. M1
Jefferson Cit Missouri 65101
Grantees mailing address 240 E. Hiah Street, y
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 party—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
party—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, State of Missouri to wit:
A strip of land 80 feet of even width across the second tract of
land as described in Book 136, Page 264 , Cole County Recorder's
Office, and situated in the Southeast Quarter of Section 4, Town-
ship 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 of land at
centerline Sta. 58+43. 32 of North Ten Mile Drive; said point
being 573.05 feet north of the southwest corner thereof; thence
N 62° 55' 16" E, 334. 62 feet to centerline Sta. 61+77. 94 of North
Ten Mile Drive, the point of termination; said point being on the
east line of said tract and 581. 42 feet north of the southeast
corner thereof,
Containing in all, 0.61 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
have good right to convey the same; that the said premises are free and clear of any incumbrances done or
® suffered byor 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 thei*and S
-.,and setl—S the day and year first above written,
ThpmaS Harold H skins
acLine Hoskins
9•
(Names Must Be Typed or Printed Under All Signatures)
'1M••i .,R•M.al�Vwnw•+r ... .. .. .........ywv..........,... ..•........a .. ..M.«..... . .... .. .. ... _ .....w..,.e.w..ww.v o
•fir
STATE: OF MISSOURI ,
AA
County of Cole
1
On this day of C��-l o�'� 19��, before me personally appeared
Thomas Harold Hoskins
and Nadine Hoskins
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 (iced.
IN TESTIMONY WHEREOF, I have hereunto s t hand an (fixed mx official seal
at my office in
• . - the day and year first above written.
Mygerm exp MISSION EXPIRES JANUARY14a b%IL_
NO 4AY PUBLIC,STATE OF MISSOURI
COUNT NW ICOMic
STATE OF'MISSOURI 1
)} as
County of Cole
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 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
r
j •
a
STATE OF MISSOURI 'S.
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
.f. ..4, Page
Witness my hand and official seal on the day and year aforesaid, it
h ;yd
David R. Newsam, Recorder of Deeds.
By
�.
Deputy
91191an must be IXy�•A�t' .rl� �Rf
typal of printed under all signatures)
M711*041111M 00. IV S
SURFACE WATER DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS INDENTURE, made on thisrW�' day of C/0 ,4"
19 , by and between Thomas Harold Hoskins & Nadine Hoskins, 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 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
i 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
1 3 a surface or storm water drainage pipe or culvert and an open surface water
� ( ) 9 p p
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:
f A strip of land 15 feet of even width across the second tract of land as described
in Book 136,. Page 264, 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, Misosuri; the centerline of said 15 foot strip being more parti-
cularly described as follows:
From a point on the West Line of said tract of land as described in said Book 136,
Page 264, at centerline Station 58+43.32 of North Ten Mile Drive (Federal Aid Urban
Project M-3112(501)) ; said point being 573.05 feet north of the southwest corner
of said tract; thence N 62° 55' 16" E, 245.12 feet to centerline station 60+88.44;
thence N 520 26' 36" W, 83.00 feet to the point of beginning of said centerline;
thence S 520 26' 36" E, 181.00 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 u,se 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 hr ve caused
these presents to be signed the day and year first above mentioned.
Thomas Harold Hoskins
Nadine Hoskins
i
STATE OF MISSOURI )
ss.
COUNTY OF COLE )
On this a24 day of �c104-) 14'-� before me
personally appeared Thomas Harold Hoskins
r "
and Nadine Hoskins
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 ��� / the day
and,xear.first above written,
,p ' _ _ •-._,My term expireMY COMMISSION EXPIRES JANUARY 14,1964
, DLI I J. JNf7VL`�C
:.I
� • - NOTARY PUBLIC,STATE OF MISSOURI
' STATE OF )
ss.
COUNTY OF
On this day of 19 , before
me personally appeared
i
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
op
i
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
r ,