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HomeMy Public PortalAboutORD10082 BILL NG. r 3 SPONSORED BY COUNCILMANa•�,,�� ORDINANCE NO. 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 Robert P. Horne for the purchase of Rights of Way and easements described in the contract for the sum of $2000.00. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. Passed "j Approved 2QEZZ:��a S� r T ff'ce Aft City Clerk ` ' y AGREEMENT _ THIS made and entered into this ,� day of P �Q�, 1983, by and between the City of Jefferson, Missouri, (CITY), and Robert P. Horne (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 Northwest Fractional 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, for the sum of $2000.00 The initial cost shall be born by the City and which will be in no way assessed to the OWNER or remaining property bordering the improvement. In connection with and as a part of the consideration the CITY does agree as follows: 1) To final grade, fertilize and mulch all disturbed areas which are not paved. 2) To allow the owner a maximum of one (1) private drive .access per 200 linear feet of roadway frontage. This access shall be constructed with turn-around capabilities to discourage vehicles from backing into the driving lanes of the proposed roadway. Additionally to allow street right-of-way access points in accordance with the rules and regulations in the Subdivision Ordinance of the City of Jefferson. 3) All necessary legal descriptions for the proposed irrproverreent: shall be prepared by the City of Jefferson at no cost to the Owner. 4) To provide for the construction of all utility crossings as shown on the plans for the construction of North Ten Mile Drive at no cost_ to the Owner. IN WITNESS WFMRDDF, the Par-ties have hereunto set their hands and seals this day of ( � _� 1983. CITY OF JEFFERSON OWNER ($Y) (BY) AT`T'EST ity Qferk CONSENT AND IVAIVliIt FOR GRADING 1 (WE) Robert P. Horne, es owner(s) of a tract described in Book 260 , Page 186 , and Book 259 , Page 646, 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 30a 6' IV T e Witness : Wff Date /O/2�Z Al'I'11�AV 1'1' I Hoixirt P. lk.)rno, hereby certify under oltth that: ® 1. It hus received a copy of and has read the provisions of Title III, the Uniform Cteal 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 frcrn the owners is shown per attached Warranty DP _d for the construction of North Ten Mile Drive Federal Urban Aid Project 114-3112(501). IN WITNESS WHMMF, the undersigned have hereunto set their hands this fh day of 1983.STATE OF MISSOURI) SS COUNTY OF OGLE 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 contehts as true to the best of their knowledge and belief. IN TESTIMONY WIiMMF, I have hereunto set my hand and affixed my .official seal in the County and State aforesaid, the day and year first above written. ARMY PUBLIC ,My Conr•ii.ssion expires: ®EM I StHM MY Mdt11inm EXPIRES JANUARY 14,1984 NOTARY R"STATE OF MISSO M OOUMIY OF OiDLE �•dlyr. , VLi I iN"Ad ttL VV t1KI%1x1V A Y UA'J LJ Tha. Indonhny, Made on the day of _ _ --�__._._ _ . C�^''^A-' � A.D.. 1A by and fm,wevro _ Robert P. Horne, Y_ of Ihr Counl% fit Cole in fill- State of Missouri, part _ of the First Patt, and City of Jefferson, a_Municipal Corporation Grantors mailing address: 320 E. McCarty Street, Jefferson City, MO 65101 of Ihi• Counly of Cole , in the State of Missouri, part y of the Second fart: WI'fNESSE'I'H. Thal the said part y of the First fart in consideralion of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION ------------------------------ DOLLARS, to him paid by the said part y of the Second part. Ihy rcreipt of which is hereby acknowledged. do es by these presents. GRANT, BARGAIN AND SELL. CONVEY AND CONFIRM unto the said part y of Ihr Second parl.its success QaTr7s and assigns,the following described lots,tracts or parcels of land lying,being and situau in the County of Cole. Slale of Missouri,n-wit: A .strip of land across a tract of land conveyed to Robert P. Horne, as described in Book 260, Page 186, and in Book 259, Page 646, Cole County Recorder's Office, said tract 'of land being situated in the Northwest Fractional Quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, said strip of land being more particularly described as follows: Beginning at the southwest corner of said Horne Tract at a point 25.57 feet left of centerline Sta. 91+15.53 of "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))"; thence N 22° 07' 03" W, along the west line of said Horne Tract, 9.46 feet; thence N 71° 59' 48" E, 164.82 feet to the east line ofsaid Horne Tract; thence S 01° 18' 34" E, along the east line of said Horne Tract, 13.06 feet tb the southeast corner thereof, said southeast corner being 22.48 feet left of centerline Sta. 92+75.91 of said "North Ten Mile Drive (Federal Aid Urban Project M-3112(501))1°; thence westerly along the south line of said Horne Tract the following courses: on a•curve to the left having a radius of 1467.41 feet, a distance of 76.63 feet; S 720 22' 57" W, 83.81 feet to the point of beginning. Containing in all, 0.04 acres. ALSO, a temporary construction easement adjacent to the above described strip of ,land 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 sucCglSplp;r% ;assigns FOREVER, the said First Party hereby covenanting that he is lawfully seized.of an indefeasible estate in fee in the premises herein conveyed: that he ha S good right to.convey the same; that the said premises are free and clear of any incumbrances done or suffered by him or those under whom he claim S and that he will warrant and defend the title to said premises unto the said part Y of the Second Part, and unto its succes,%9rrsand assigns FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF,the said part of the First Part ha S hereunto set his hand and seal the clay Jt' and year firFA above writte 0. � C Robert P. Horne S'I'A'I'E OF MISS( (IRI ' County of Cole. Oil this r;?r day of f� �� 141 '_'G_, before me, personally appeared Robert P. Horne lu mu known to hat the person described In and who executed the foregoing instrument and acknowledged that he execute the same a. hiS free act and deed. And the said Ro:tser-t P. Horne " himself furlhor decla0m __� lu be singlo and unmarried. ' IN'1'hS'I'IMUN\:�NllfsfliiOl;.I'havo hereunto srl my hand and uffixad ny of icial seal ut off'rr tV� U thy=d,ty,nn`.ytlu tifiyl gLuv��wrltlun. -i f— N �e MyZ}r'm.vxplrl►w _ EMISSION EXPIRES JANUARY 14, 14)84 NOTARY PUBLIC,STATE OF ni, �t.= / ' • COUNTY OF ffl't � r(N IMES VMUSI©E•TK QE) b OR PRINTED UNDER All.SIGNATURES) S"IATE OF MISSOURI (ss Document No. ' County of Cole r. the undersigned Recorder of Doods for said County and Slate do hereby certify that the foregoing instrument of writing was filed for recurd in my of ice un lho day of _, lt)__ at o'clock and minutes M.,and Is • �r(1ly!recorded?In Book page Whaaess'My,hand and official seal on the day and your uforosufd. Recorder tlr� �`J,�1•� �� .r.r yA• a /+ d r r� t C� •44`": 5* ;'.�;.. by Depuly so