HomeMy Public PortalAboutORD10899 MW
BILL NO. 87-91
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STADIUM WEST
PROPERTIES AND COLE COUNTY FOR THE PROCUREMENT OF THE EDGEWOOD
EXTENSION AND FROG HOLLOW RIGHT-OF-WAY, REALIGNMENT OF CREEK, AND
CONSTRUCTION OF A BRIDGE AND STREETS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Stadium West Properties and
Cole County for the procurement of the Edgewood Extension and
Frog Hollow right-o£-way, realignment of a creek, and
construction of a bridge and related road work.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed 8' /.7 r7 Approved �P' /V7"
Presiding ficer Mayor
ATTEST:
City Clerk
AGREEMENT ,
quo
VW THIS AGREEMENT, made and entered into this day of /, -k-f
1987, by and between the City of Jefferson, Missouri, a m nicipal
corporation, of the State of Missouri, hereinafter "City", County
of Cole, Missouri, hereinafter. "County" , and Stadium West
Properties, a Missouri partnership, P.O. Box 534, Jefferson City,
Missouri, hereinafter "Stadium West" .
WHEREAS, parties of the first and second part are desirous of
acquiring right-of-way and constructing roads and bridges which
best serve the current and long range needs of City and County
residents, and
WHEREAS, third party is desirous of developing and utilizing its
property to the fullest, and
WHEREAS, it is in the mutual interest of all the parties that
street alignment and grades and bridge location for the Edgewood
Extension and Frog Hollow Road be established,
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained the parties do agree as follows:
1. The Party of the Third Part does agree to prepare and
execute a Warranty Deed to the City of Jefferson, Missouri.,
conveying the following described property to be used as
Am street right-of-way for the construction of the extension of
Edgewood Drive and the realignment of Frog Hollow Road:
Part of the Southwest Quarter of the Southwest Quarter of
Section 11, Township 44 North, Range 12 West, County of
Cole, Missouri., more particularly described as follows:
From the southwest corner of said Section 11; thence N
05 045144" W, along the Section Line, 201.52 feet to the
POINT OF BEGINNING for this description; thence continuing
N05 048144" W, along the Section Line, 80.01 feet; thence
Easterly, on a curve to the right, having a radius of
1,799.63 feet, an arc distance of 465.21 feet, (the chord of
said curve being S87 042128" E, 463 . 92 feet) ; thence
S80 018107 E, 161.22 feet; thence N77 053148" E, 53.85 feet;
thence S80 018107" E, 100.00 feet; thence Easterly, on a
curve to the left, having a radius of 981 .30 feet, an arc
distance of 178.76 feet, (the chord of said curve being,
S85 031115", 178. 51 feet), to a point on the east line of
property described by deed of record in Book 279, page 994,
Cole County Recorder' s Office; thence S10 009110 11E, along the
said property line, 50.90 feet, to a point on the south line
of Section 11, Township 44 North, Range 12 West; thence
S85 012130" W, along the Section Line, 665.75 feet; thence
Northerly, on a curve to the right, having a radius of
962.33 feet, an arc, distance of 108. 64 feet, (the chord of
said curve being N06 027149 " E, 108 . 59 feet ) ; thence
N5601712911 W, 24.08 feet; thence N80018'08" W, 101.22 feet;
thence Westerly, on a; curve to the left, having a radius of
1719. 63 feet, an arc distance of 443.56 feet, (the chord of
said curve being N87 041 '29" W, 442.33 feet) to the POINT OF
BEGINNING. Containing 2.87 acres.
ALSO:
The easterly part of Lot No. 1 of "FAINWOOD SUBDIVISION-
lst ADDITION" per plat of record in Plat Book 8, page 61
Cole County Recorder's Office, said Lot No. 1, being a part
of the Northwest Quarter of the Northwest Quarter of Section
14, Township 44 North, Range 12 West, Cole County, Missouri,
more particularly described as follows:
From the northwest corner of said Section 14; thence
N85 012130" E, along the Section Line, 531.00 feet to the
POINT OF BEGINNING for this description; thence continuing
N85012130" E, along the Section Line, 6 feet to the most
easterly corner of said Lot No. 1; thence along the boundary
of said Lot No. 1, the following courses: S60°34126" W,
85. 00 feet; thence S44 042130" W, 155.00 feet; thence
S780141301' W, 110.00 feet; thence S320 04'30" W, 50.00 foot;
thence S00 008101" W, 12.49 feet; thence N86 002130" W, 33.38
feet; thence leaving the boundary of said Lot No. 1,
N06 029131" W, 98.06 feet; thence Northerly, on a curve to
the right, having a radius of 962.33 feet, an arc distance
of 99.22 feet, (the chord of said curve being N00 016133" E,
99. 17 feet) to the POINT OF BEGINNING. Containing 0.90
acres.
Bearings are based on deed of record in Book 279, Page 994,
Cole County Recorder's Office.
City agrees to convey a portion of the above described
tracts to County for new Frog Hollow Road when it is
completed.
2. Stadium West agrees to construct approximately 1000 feet of
creek channel north of a point 50' south of the center line
of the . proposed Edgewood extension in order to align the
creek with the proposed bridge. In addition, Stadium West
agrees to blast the remaining rock so that it can be removed
at the appropriate time. The County will be responsible for
removing the rock. This work shall be completed by January
1, 1988.
3. Stadium West further agrees to excavate for the extension of
West Edgewood to Station (12 + 00) and the relocated Frog
Hollow Extension from Station 19 + 50 to the Edgewood
extension. This area shall be rough graded to within
approximately 1 foot of the grades shown on the plans on
file with the Department of Public Works of the City. This
work shall be completed by April 1, 1988. Stadium West also
agrees to stock pile excavated material to allow its use for
filling the abandoned creek channel south of the Edgewood
extension and for roadway fill as needed for the Edgewood
and Frog Hollow extensions. Should the quality of this
excavated material be suitable for crushed stone, Stadium
West has the option of providing an alternate material for
the fill.
In addition, a 4 foot by 10 foot utility trench shall be
blasted without rock removal 10 feet south of the northerly
aright of way line of the West Edgewood Extension.
Stadium West agrees to excavate for the extension of
Edgewood from Station 12 + 50 to approximately Station 17 +
25 (the west property line of Stadium West) . This area
shall be rough graded to within approximately 1 foot of the
grades shown on the plans on file with the Department of
Public Works of the City. This work shall be completed by
January 1, 1992 or within six months after notice is given
that Edgewood past Stadium West west property line will be
constructed within one year.
4. The cost of constructing the roadways and necessary bridges
shall be born by the City and County and will be in no way
assessed to Stadium West or remaining property bordering the
improvement.
5. The parties acknowledge and agree that the roadways
constructed shall have limited access. Only three access
points shall be allowed on the north side of Edgewood, one
directly across from Frog Hollow Road and one to be mutually
agreed upon between Sta. 13 + 50 and west property line of
Stadium West Properties and one to be mutually agreed upon
between the east property line of Stadium West Properties
and Station 9 + 00. Access shall be totally prohibited on
the south side of Edgewood between Frog Hollow Road and said
West property line and from Frog Hollow.
6. County shall be responsible for overall planning and bidding
of the construction of the roadways and bridge.
7. It is understood the County has obligated $90,000 for the
project construction costs. In the event the cost exceed
$90, 000 the City will participate in those costs above
$90,000 or the following items, whichever is less:
a. The City will assume the cost of the 72" pipe under the
relocated Frog Hollow Roadway.
b. The City will assume 50% of the cost of the
reconstructed Edgewood and Frog Hollow Roadways.
C. The City will assume 16% of the cost of the box
culvert.
8. The alignment of the roadways shall be substantially the
same as shown in Exhibit A attached hereto.
IN WITNESS WHEREOF, the P rties have hereunto set their hands and
seals this 101'k day of 1987.
CITY OF JEFFERSON COUNTY OF COLE
A ayor mmissioner
ATTEST:
commissioner
City Clerk Commissioner
STADIUM WEST PROPERTIES ATTEST:
Partne �9 County Clerk
d�
J.
artner
STATE OF MISSOURI )
Ak
Sa.
COUNTY OF COLE )
On this _� ,' day of 1967, before me a Notary
Public in nd for said Count and ate aforesaid, personally
appeared , � , off, _ to me personally known, who, by me
duly sworn, did say that she is the Mayor of the City of
Jefferson; and that the seal affixed to the foregoing instrument
is the City seal of said City by authority of its City, Council;
and the saidt�,� ��►_�ir�h_ acknowledged said instrument to
be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above written.
Mj u"MDA"
My Commission expires NOTARY PUBLIC STATE OF MISfO'JP.I
MY COMMISSION EXPIRES JAN 25,i vi."o
—� Notary Public
STATE OF MISSOURI )
SS.
COUNTY OF COLE )
On this -�31a day of �Q ,�rf�L 1967, before me a Notary
Public in nd for sai Co�}nty and State aforesaid, personally
appeared � a, t� &. m
to me personally kno n, who, by me duly sworn, did say that they
are Commissioners of the County of Cole and that the seal affixed
to the foregoing instrument is the County seal of said County by
an, or ty of its County Commissioners; and the said
/ {,E acknowledged said
instrum-e—niE to be the free act and deed of said County.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above written.
My Commission expires
Notary Public
CAROL M.WILBERS
NOTA13Y PUBLIC, STATE OF MISSOURI
COUNTY OF COLE
MY Commission Expires Jan. 11, 1991
STATE OF MISSOURI )
SS.
COUNTY OF COLE )
On this day of 1987, before me a Notary
Public in nd for said Coq ty,�nd State aforesaid, personally
appeared n�
to me personally known, who, by me du sworn, did say that they
are Partners of Stadium West Properties and that the
+& the foregoing instrument is the free act and deed of said
Partners.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above written.
My Commission expires
J �`N Public
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No-,Antl PUB .1C, sr„
c C�i.�f.;i'r(.)� ter•„ •-
MY Commissio;t E;;pires AUOus? t 109()