HomeMy Public PortalAboutORD10547 Jill
BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO. 1 6,517
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO
VACATION OF ELM STREET AND A NEIGHBORING ALLEY; TO THE OBTAINING
OF EASEMENT FOR THE EXTENSION OF BOLIVAR STREET, AND REPEALING
ORDINANCE NOs . 10503 AND 10546.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
Section 1. Ordinance No. 10503 , a copy of which is attached
hereto marked "Exhibit A" and is incorporated herein by
reference, and Ordinance 10546, a copy of which is attached
hereto marked "Exhibit B" and is incorporated herein by
reference, are hereby repealed in their entirety.
Section 2 . The City Council of the City of Jefferson, hereby
declares it necessary, reasonable and proper to discontinue as a
right--of-way for a public street and forever vacate the following
described street in said City, subject to the reservation in the
City of the easement mentioned in Section 4 of this Ordinance:
A parcel of land being a part of Elm Street in the City of
Jefferson, County of Cole, Missouri, more particularly
described as follows :
Beginning at the northeasterly corner of Inlot 770; thence N
47° 34 ' 29" W, along the northerly line of Inlot Nos . 770,
769 , and 768 , 365. 75 feet to -the northwesterly corner of
Inlot 768, said point being on the Range Line; thence N 020
45 ' 51" E, along the Range Line, 25 . 00 feet; thence N 57°
14 ' 09" W, along the southerly line of Elm Street, 22 . 68
feet; thence northerly on a curve to the right, having a
radius of 351. 97 feet, a distance of 43 .20 feet to a point
on the southerly extension of the easterly line of Bolivar
Street; thence N 420 09 ' 35" E, along said southerly
extension, 23 . 62 feet to the southwesterly corner of Inlot
660; thence S 470 34 ' 29" E, along the southerly line of
Inlot Nos. 660, 661, 662 and 663, 417.50 feet to the
westerly line of Harrison Street; thence S 420 09 ' 35" W,
along the westerly line of Harrison Street, 80. 00 feet to
the point of beginning.
Section 3. The City Council of the City of Jefferson, hereby
declares it necessary, reasonable and proper to discontinue as a
right-of-way for a public alley and forever vacate the following
described alley in said City:
Part of the Southeast Quarter of the Northeast Quarter of
Section 12, Township 44 North, Range 12 West, in the City of
Jefferson, County of Cole, Missouri, more particularly
described as follows :
Beginning at the northwesterly corner of Inlot 771 in the
City of Jefferson, Missouri, said point being on the Range
Line; thence N 020 45' 51" E, along the Range Line, 25.98
feet; thence N 470 34 ' 29" W, along the westerly extension
of the northerly line of a vacated 20 foot alley, 30.05
feet; thence S 020 06 ' 01" E, 42.08 feet; thence S 470 34 '
29" E, 25 .42 feet to the Range Line; thence N 020 45' 51" E,
along the .Range Line, 12.99 feet to the point of beginning
for this description.
Section 4 . All of that portion of the above property in
Section 2 is hereby retained as a perpetual easement or right-of-
way for the construction, maintenance, repair, relocation and
operation of sanitary sewers , surface water drainage, and all
public utility facilities, and no permanent buildings or
structures shall be located within or upon said easement without
the prior written consent of the City.
Section 5 . The statutory right of reversion in the owners of
the abutting property is hereby confirmed, subject to the
easement expressly reserved in Section 4 of this Ordinance, as is
provided by the laws of the State of Missouri, and the Mayor and
the Clerk of the City are hereby authorized to execute all
necessary instruments required to confirm the reversionary rights
of the owners of property abutting on the area vacated, as
Ask described in Sections 2 and 3 of this Ordinance, in the right-
of-way vacated.
Section 6 . The Mayor and City Clerk are hereby authorized to
execute an agreement between the Sisters of St. Mary and the City
of Jefferson, providing for the above-named vacations and for the
donation of right-of-way for Bolivar Street by the Sisters of St.
Mary , wherein the Sisters of St. Mary do agree to indemnify
the City of Jefferson for condemnation of Bolivar Street right-
of-way.
Section 7. This Ordinance shall be in full force and effect
from and after its passage and approval.
Passed �,� -/(o - g� Approved /a?I- Irs
C
P/esiding OVEicer Mayor
ATTEST:
City Clerk
AGREEMENT
This Agreement is made and entered into by and between the
SISTERS OF ST. MARY, a Missouri not for profit corporation ( "St.
Mary" ) and the City of Jefferson ( "City" ) .
WITNESSETH, THAT:
WHEREAS, St. Mary desires that the City vacate that portion of
Elm Street which is located between Missouri Boulevard and Missouri
Route 54, and a portion of an alley being 30 ' wide which is
described on Exhibit A, attached hereto and by this reference made a
part hereof ( "Alley" ) ; and
WHEREAS, the City desires to obtain the right-of-way described
on Exhibit B, attached hereto and by this reference made a part
hereof ( "Bolivar Street Right-of-Way" ) ; and
NOW, THEREFORE, in consideration of the promises contained
herein and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as
IdElIL follows:
1. The City shall vacate that portion of Elm Street located
between Missouri Boulevard and Missouri State Route 54.
2. The City shall vacate the Alley and delver to St. Mary a
fully executed Quit Claim Deed for the Alley so vacated.
3. St. Mary shall, upon the City's performance of its
obligations set forth in item 1 and 2 hereof, deliver to the City a
fully executed Warranty Deed for the Bolivar Street Right-of-Way,
excepting however a certain tract of real property known as the
wMiller Tract" which is located near the most northern portion of
the Bolivar Street Right-of-Way.
4. St. Mary shall reimburse the City for court costs not to
exceed $100.00 and the condemnation award paid by the City for the
Miller Tract, if any. Provided, however, that St. Mary's obligation
to reimburse the City for the condemnation award for the Miller
Tract shall in no event exceed $2.00 per square foot of property
condemned.
Ask
III IS
I IN
IN WITNESS THEREOF, the parties have signed this Agreement as of
the date set forth below their respective signatures.
SISTERS OF ST. MARY
By:
Duly Au or zed
Date: /Z/l Z Lf,
THE CITY OF JEFFERSON
By:
Duly Authorized
Date:
3677s
2
i=IBIT B
BOLIVAR STREET RIGHT-OF•-WAY
A part of the southeast quarter of the northeast quarter -of Section
12, Township 44, Range 12, and a part of Inlot Nos. 771 and 768, •in
the City of Jefferson, County of Cole, Missouri, and more
particularly described as follows:
Beginning at the intersection of the northerly right-of-way line of
Old U.S. Highway No. 50, now known as Missouri Boulevard, and the
easterly right-of-way line of U.S*. Highway No. 54; thence easterly
along the northerly right-of-way line of Missouri Boulevard, on a
curve to the Left, having a radius of 459.06 feet, for a distance of
112.33 feet; thence north 61 degrees 25 minutes 34 seconds west,
63.12 feet; thence northerly on a curve to the right, having a
radius of 686.20 feet, for a distance of 147.87 feet; thence north
02 degrees 06 minutes 01 seconds west, 203.64 feet; thence
northeasterly on a curve to the right, having a radius of 351.97
feet, for a distance of 138.31 feet; thence north 57 degrees 14
minutes 09 seconds west, 25.27 feet,. to the easterly right-of-way
line of U.S. Highway No. 54; thence southerly along the easterly
right-of-way, on a curve to the left, having a radius of 855.39
feet, for a distance of 206.83 feet; thence south 00 degrees 15
minutes 05 seconds east, 360.72 feet, to the beginning point of this
description. 't
Containing 13456.627 square feet or approximately .424 acres.
AGREEMENT
This Agreement is made and entered into by and between the
SISTERS OF ST. MARY, a Missouri not for profit corporation ( "St.
Mary" ) and the City of Jefferson ( "City" ) .
WITNESSETH, THAT:
WHEREAS, St. Mary desires that the City vacate that portion of
Elm Street which is located between Missouri Boulevard and Missouri
Route 54, and a portion of an alley being 30 ' wide which is
described on Exhibit A, attached hereto and by this reference made a
part hereof ( "Alley" ) ; and
WHEREAS, the City desires to obtain the right-of-way described
on Exhibit Bp attached hereto and by this reference made a part
hereof ( "Bolivar Street Right-of-Way" ) ; and
NOVIr THEREFORE, in consideration of the promises contained
herein and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as
follows:
1. The City shall vacate tihat portion of Elm Street located
between Missouri Boulevard and Missouri State Route 54.
2. The City shall vacate the Alley and deliver to St. Mary a
fully executed Quit Claim Deed for the Alley so vacated.
3. St. Mary shall, upon the City's performance of its
obligations set forth in item 1 and 2 hereof, deliver to the City a
fully executed Warranty Deed for the Bolivar Street Right-of-Way,
excepting however a certain tract of real property known as the
"Miller Tract" which is located near the most northern portion of
the Bolivar Street Right-of-Way.
4. St. Mary shall reimburse the City for court costs not to
exceed $100.00 and the condemnation award paid by the City for the
Miller Tract, if any. Provided, however, that St. Mary's obligation
to reimburse the City for the condemnation award for the Miller
Tract shall in no event exceed $2.00 per square foot of property
condemmed.
IN WITNESS THEREOF, the parties have signed this Agreement as of
the date set forth below their respective signatures.
SISTERS OF ST. MARY
By:
'DulyVAuthorized
Date:
THE CITY OF JEFFERSON
By: =71
jWRly' Authorized
Date:
Am
3577t
.. 2 `�
E -UBIT B
BOLIVAR STREET RIGHT-OF-WAY
A part of the southeast quarter of the northeast quarter of Section
12, Township 44, Range 12, and a part of Inlot Nos. 771 and 768, 'in
the City of Jefferson, County of Cole, Missouri, and more
particularly described as follows:
Beginning at the intersection of the northerly right-of-way line of
Old U.S. Highway No. 50, now known as Missouri Boulevard, and the
easterly right-of-way line of U.S. Highway No. 54 ; thence easterly
along the northerly right-of-way line of Missouri Boulevard, on a
curve to the left, having a radius of 459.06 feet, for a distance of
112.33 feet; thence north 61 degrees 25 minutes 34 seconds west,
63.12 feet; thence northerly on a curve to the right, having a
radius of 686.20 feet, for a distance of 147.87 feet; thence north
02 degrees 06 minutes 01 seconds west, 203.64 feet; thence
northeasterly on a curve to the right, having a radius of 351.97
feet,, for a distance of 138.31 feet; thence north 57 degrees 14
minutes 09 seconds west, 25.27 feet, to the easterly right-of-way
line of Q.S. Highway No. 54; thence southerly along the easterly
right-of-way, on a curve to the left, having a radius of 855.39
feet , for a distance of 206.83 feet; thence south 00 degrees 15
minutes 05 seconds east, 360.72 feet, to the beginning point of this
description.
Containing 18456. 627 square feet or approximately .424 acres.
AUL
t•.
EXHIBIT A
` 30 FOOT STRIP
Fart of the Southeast Quarter of the Northeast Quarter of 'Section 12,
Township 44 North, Range 12 West, in'the City of Jefferson, County of
WV Cole, Hissouri, more particularly described as follows:
Beginning at the northwesterly corner of Inlot 771 in the City of Jefferson,
Missouri, said point being on the Range Line; thence N 02° 45' 51" E, along
the Range Line, 25.98 feet; thence N 47° 34' 29" W, along the westerly
extension of the northerly line of a vacated 20 foot alley, 30.05 feet; thence
S 02° 061 00" E, 42.08 feet; thence S 47° 34' 29" E, 25.42 feet to the Range
Line; thence N 02° 45' 51" E, along the Range Line, 12.99 feet to the point
of beginning for this description.
Gt.
EXHIBIT A
30 FOOT STRIP
Part of the Southeast Quarter of the Northeast Quarter of Section 12,
Township 44 North, Range 12 West, in 'the City of Jefferson, County of
Cole, Missouri, more particularly described as follows:
Beginning at the northwesterly corner of Inlot 771 in the City of Jefferson,
Missouri, said point being on the Range Line; thence N 02° 45' 51" E, along
the Range Line, 25.98 feet; thence N 47* 34' 29" W, along the westerly
extension of the northerly line of a vacated 20 foot alley, 30.05 feet; thence
S 020 04' 04" E, 42.08 feet; thence S 47* 34' 29" E, 25.42 feet to the Range
Line; thence N 02. 45' 51" E, along the Range Line, 12.99 feet to the point
of beginning for this description.
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,0 �'• BILL NO.
SPONSORED-BY COUNCILMAN
;i a LL
ORDINANCE NO.
•AN' ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO
VACATION OF ELM STREET AND A NEIGHBORING ALLEY; TO THE OBTAINING
OF EASEMENT FOR THE EXTENSION OF BOLIVAR STREET, AND REPEALING
.: ORDINANCE NOs. 10503 AND 10546.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
Rr...;; MISSOURI, AS FOLLOWS:
�a#=
_? Section 1. Ordinance No. 10503, a copy of which is attached
-.: hereto marked "Exhibit A" and is incorporated herein by
--}„ reference, and Ordinance 10546, a copy of which is attached
hereto marked "Exhibit B" and is incorporated herein by
c„ reference, are hereby repealed in their entirety.
= v; Section 2. The City Council of the City of Jefferson, hereby
.; declares it necessary, reasonable and proper to discontinue as a
_ right-of-way for a public street and forever vacate the following
-'< described street in said City, subject to the reservation. in the
City of the easement mentioned in Section 4 of this Ordinance:
A parcel of land being a part of Elm Street in the City of
Jefferson, County of Cole, Missouri, more particularly
described as follows:
Beginning at the northeasterly corner of Inlot 770; thence N
47° 34' 29" W, along the northerly line of Inlot Nos. 770,
769, and 768, 365.75 feet to the northwesterly corner of
Inlot 768, said point being on the Range Line- thence N 02'
45' 51" E, along the Range Line, 25.00 feet; thence N 57°
14' 09" W, along the southerly line of Elm Street, 22.68
feet; "thence northerly on a curve to the .right, having a
radius of 351.97 feet, a distance of 43.20 feet to a point
on the southerly extension of the easterly line of Bolivar
Street; thence N 42° 09' 35" E, along said southerly
extension, 23.62 feet to -the southwesterly corner of Inlot
660; thence S 47° 34' 29" E, along the southerly line of
Inlot Nos. 660, 661, 662 and 663, 417.50 feet to the
- westerly line of Harrison Street; thence S 42° 09" 35" W,
along the westerly line of Harrison Street, 80.00 feet to
the point of beginning.
Section 3. The City Council of the City of Jefferson, hereby
declares it necessary, reasonable and proper to discontinue as a-
right-of-way for a public alley and forever vacate. the following
described alley in said City:
Part of the Southeast Quarter of the Northeast Quarter of
Section 12, Township 44 North, Range 12 West, in the City of
r-
• I
D
Jefferson, County , of Cole, Missouri, more particularly
described as ,follows:
Beginning at the northwesterly corner of Inlot 771 in the
_ Cit of Jefferson, Missouri, said
Y point being on the Range
9
Line; thence N 02° 45' 51" E, . along the Range Line, 25.98
feet; thence N 47° 34" 29" W, along the westerly extension
- of the northerly line of a vacated 20 foot alley, 30.05
- -feet; thence S 02° 06' 01" -E, 42.08 feet; thence S 47' 34'
29" E, 25.42 feet to the Range Line; thence N 02' 45' 51" E,
along the Rang point of beginning
e Line, 12.99 feet to the
for this description.
Section 4. All of that portion of the above property in
�`- Section 2 is hereby retained as a
• w y perpetual easement or right-of-
way for the construction, maintenance, repair, relocation and
operation of sanitary sewers, surface water drainage, and all
public - utility facilities, and no permanent buildings or
structures shall be located within or upon said easement without
the prior written consent of the City.
Section 5. The statutory right of reversion in the owners .of
_ the abutting property is hereby confirmed,- subject to the
. tiLy- easement expressly reserved in Section 4 of this Ordinance, as is
provided by the laws of the State of Missouri, and the Mayor and
y- the Clerk of the City are hereby authorized to execute all
necessary instruments required to confirm the reversionary rights
of the owners of property abutting on ' the area vacated, as -
described in Sections 2 and 3 of this Ordinance, in the right-
of-way vacated.
Section 6. The Mayor and City Clerk are hereby authorized to
execute an agreement between the Sisters of St. Mary and the City
of Jefferson, providing for the above-named vacations and for the
donation of right-of-way for Bolivar Street by the Sisters of St.
Mary , wherein the Sisters of St. Mary do agree to indemnify
the City of Jefferson for condemnation of Bolivar Street right-
of-way.
Section 7. This Ordinance shall be in full force and effect
from and after its passage and approval. G
Passed (o-gS-7 Approved
may.
Pr9dicling Off' er Mayes
r George Hartsf Id orge
- - ATTEST:
- I do her . cerfd ° ' 'ais is
p=i
� - f
a true'anc.cort .pptocgpo
original47r,u,passed
City Clerk r,. ` - r'r c"a'
on 12-1Cs85 „arid• wY ich+ jsi ' sof
Phyllis Powell t" • t.. ,nts
two (2) ;pg '�� wi attac
w ich cot �s x twee::(3') "ages S.
U"_ 41�- .'
hylli Powell; ity C3erk
Subscribed and sworn to before me this day of 4,e
19 85-- c
v tory Public
rZh�A` a a My commission expires
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rast�'-
BILL NO.., g5.-
SPONSORED BY -COUNCILMAN;, _
ORDINANCE NO. %0q_:57,/) :3
AN ORDINANCE OF- THE CITY OF JEFFERSON.,' MISSOURI, VACATING., AND.
DISCONTINUING A 'PORTION OF A PUBLIC STREET.
WHEREAS, it has been -shown .to the City Council of the-- City,
of Jefferson; Missouri., -that the owner of .land,,-'adj-acent, to•, .and
abutting upon part of Elm Street, - lying between 'the easterly-
right=o.f.-way line of .Bolivar- Street and the westerly- r-ig.ht-of--way
line of- Missouri Boulevard, An the--•C-ity of Jefferson; C:6unty "of ,
Cole; ;. .Missouri, has petitioned. the City Council to vacate 'right-
of-way,- 'as a -public street- -,and.,
-WHEREAS, it has further been- shown - that it would - not
inconvenience the public or, the citizens of the City ' to,_
discontinue as. a right-of-way for` a public street such street.- as�-.. ,
described in" Section 1 of this - Ordinance; subject -to,. 'a
reservation in- the City' of an easement in that portion vacated
for - the maintenance, repair, location -and relocation of-,- all
sanitary sewer, , surface' water sewer or public utility facilities'
now existing or hereafter to be constructed wi-thin said right-of- .
way: ,. -
NOW THEREFORE, BE IT ORDAINED �BY THE CITY COUNCIL OF THE -CITY OF-
JEFFERSON; MISSOURI, AS=FOLLOWS:
Section 1. ,The City Council of the - City of Jefferson, hereby•_
declares it _necessary; -reasonable and proper to- d-iscontinue as a_
right.=of-way for a- public street .and forever vacate the following
described street in said City; subject to the reservation in•. the
City of the easement mentioned in Section -2 -cif this Ordinance.:
Part of Elm Street,- - lying -between the, easterly right•-of -way,
line of Bolivar Street and. the westerly right=of-way line of
Missouri 'Boulevard; in. the City of Jeffers-oh, County of
Cole, Missouri,; and . being" more particularly described as
follows.:
Beginning; at the:' northeasterly corner -.-of InIot -No.. 77`0;
thence westerly a-long- the southerly right=of-way.-line, of' Elm'
Street for a-distance•-of 366.36 feet;- --thence- northwesterly
in a - directline- to, the so.uthwes-terly corner of 'Inlot No..
660; thence easterly-_alorig the northerly' xight-of-,way line_
of ' Elm Street- --for a distance of 4.17 . 50 feet_, : tp the- "
southeasterly -corner: of. Inlot No-. 663_ ..thence' southerly ,
along
the, westerly riglit=of- way line' of Missouri_-.Boulevard;. _
810.0_ feet. to the point of`,beginning; of: this'_ descrip,t'-ion. -
Containing approximately 0..72-, a_cres�.,
Section 2.. All of that portion of the above• vacated property
is hereby retained as a perpetual easement or right-of-way for
the construction, maintenance, repair., relocation and operation
of sanitary sewers , surface water drainage, and all public
utility facilities , and no permanent buildings or structures
shall be located within or upon said easement without the .prior
written• consent of the City.
Section 3 . The statutory right of reversion in• the, owners of
the abutting property , is hereby confirmed, subject to the
easement expressly reserved in Section 2. of this Ordinance, as is
provided by the laws of the State of Missouri., and the Mayor and
the Clerk of the City are hereb6y authorized to execute all
necessary instruments required to confirm the reversionary rights
of the owners of property abutting on the area vacated, as
described in Section 1 of this Ordinance, in the right-of-way
vacated.
Section 4 . This Ordinance shall be in full force and effect
December 3 , 1985 .
Passed Approved /D -
Pr s iding Of ;icer Mayor
ATTEST:
G 1
City Clerk
BILL NO.
SPONSORED--BY COUNCILMANd���iry��tn?�YJ
- ORDINANCE NO.
AN ORDINANCE OF THE - CITY OF JEFFERSON, MISSOURI-, AMENDING
ORDINANCE. NO.. 1.0503 `PERTAINING _ TO VACATION OF ELM" STREET - BY '
ALTERING THE EFFECTIVE. : -DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE ' CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS.:
Section 1: That Section 4 of original Ordinance No. 10:5.03 is ,
hereby amended to read as follows :
"This Ordinance shall be in full force .and effect April ,
22, 1986. "
Section 2'. All other aspects of the ordinance shall remain
as originally passed.
Section 3:. This Ordinance shall become effective from and
after the date of, its passage and approval..'
Passed /� =� -�5� Approved 1,2-
U
� ��✓
Pi6bsiding Off ' er Mayor
ATTEST:
City Clerk
. '^ _ .,<:�{�'<'�- _ -ria~ •�;.. —di•' ...�
STATE OF MISSOURI- SS: x'$3.37
COUNTY OF COLE
Filed for rec%rd;12,. day of
at---g.-O'clock ander Minutes,A•�M.;
recorded."in;Book;_2 Page 9�
DAVI;Debra
EW RECORDER
.. .. .,....,,�..mo"DEPUTY
Nash
$90.00 Paid-
Call for: City of Jefferson