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Home My Public Portal AboutORD09016 I BILL NO. E. IINTRODUCED BY COUNCILMEN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE A WRITTEN UTILITY AGREEMENT AND EASEMENT FOR HIGHWAY CONSTRUCTION WITH THE MISSOURI STATE HIGHWAY COMMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute an agreement for a written utility agreement, and easement for highway construction with the Missouri State Highway Commission. SECTION 2. Said agreement and easement shall read in words and figures as follows: (SEE ATTACHED) i SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed �_/,�= 77 Approved 14 — '77 resident the Council �., a o' i ATTEST: Citd Clerk f { Job No. 5-v-9-151 and Job No. 5-U-8-18 Route 8 Cols County a $ASEMENT FOR HIMWAY CONSTRX)CTION (ACCESS CONTROLLED) THIS INDannW, •by and between the CITY.Or SON, NISSOORI,, a immicipail corporation existing under the lairs of the State of kiesouri, ' Psexty of the First Part (hereinafter referred to as "City"); and the'' ;,STATE OF MISSOt1RI,`.acting by and-through the STATE H 4IWAY COMMISSION• OF MISSOURI;- of. Cole County, Missouri, Party of the. Second Part!Ahere l na"fter referred to as'"Commiaision!f), .WITNESSETH: in consideration of One Dollar 01.00), receipt. of which is .her by acknowledjed,. and other good 'and valuable consideration, City hereby'grants and conveys, without warranty'of title expressed or implied, unto the Coal- ' .. mission, -the right t' nstruct, reconstruct, and maintain a`..jlimited �eccrrsa ' state highway over and-across that portion of an easement cars®d an.9 hold'by City, sitiiated in- the Wei of the SEit of Sections 24 and in the :NE4 of the NEsk. of Section' 25. Township.44 North, R cage; 12;West, in.Cole County, Misedur. (as obtained in an esseassnt dated 2-17-70, 2-27-70 and .4-14070, recorAed in Hook 217, Pages 797, 807, 8;L2..and 826 of'the. deed records )of Cole County, ' Missouri) particularly described as follows: { That part of-City's easements •lying.within tracts of land *s ♦.hstoinafter;:des ignated'on both,aides* of the foli`6i►inq•.described. ` c into rline:'.b '6upplimmentary Stiti Highway Rite Be ' The centerline of•,Aauts B is.described ae;commonding at'a stone _ in the c*ent®r of Section 24, T 44' 'N, R 12 Wt thence N 87°. 40' g,. 90.3 fait i..thence S-1 0 55' -W,- '260 feet 1. thenco 8 270 13' .X, '496.52 ' feet to S. T. 33+99.79 Csnterlins Station; thence..continuing•8•270 13' S,• 1,351.81 festr thence on a 1. curve. to the right 688;33 • feet; thence"'S.20O 20' Z, -802.37 foot; thence on-4 spiral curve -to the left..250 feet t thence on a 40 curve to:.the' left 737.99 feet, ' td'Conterlino Station C.S. 72430.29.' 4; : Tracts of land lying left or easterly of the above.described centerline areas follows: a tract of land 105 feet.pride from Station 35+00 to Station 39+We Also a tract of land desreasinq 'in width -from 135 feet at Station 49+00 to 110 feet in width at Station 51+00. Also ai tract of land 75 felt wide from Station 64+00 to Station 64+32.301 thence increasing in width to 95 feet at Station 66+951 thence decreasing in �. ;;::;•;; --width to 75 feet at Station 69+121 thence 75 feet wide to Station 71+50. Tracts of land lying right or westerly of the above described centerline are as follows: . A tract of -land 105 feet wide from Station 37,+00 to Station 39+50. Also a tract of land 75 feet wide from Station 49+00 to Station 51+00, Also a tract of land ' incroising in width• from 75 feet at' Station 62+43.30 to 115 feet - wide at Station 64+001 thence 115 1eet,uride' to Station 65+504 . The •land above described is shown by-'a copy •of the plans for'' ItAd,.highway on file with the Clerk of the County Court-of, colo County, Missouri," L city reserves for itself,- its successors and assig'sp all its rights ' :. ;t +in.the •Above-described property not herein:4pecifieally conveyed,. inclu;dinq r the right to" expand its facilities. City agrees that .future,work 'to• be performed .within "the limits of highway right of, way in gonnect ion..with "t•i. ;asa. location, relocation or maintenance•of City- it facilities -will be -done in i. "•. accox�ance:with the provisions of an a regiment, or :.,.; g permit. that will be.. . .. 'issued by Commis®ion's District R gineera t City releases all rights.of access between.its' adjacent easements and said highway .except 'far, the following rese�vat,ioraee Accais@Vfor•noii l servicing, maintenance, construction` or recormtruction of.City.'s facilities either on or off the., hLghway'rLght` of.way , shall:be from: (a) City's.'easements adjacent to the highway sight 'of way,, (b)',' any, nearby public roads or streets, the ri t o! w 11 c truck- trails at and along,. nes.• Access, in emergency situations directly41ffectins or endangering raffia on the'highway or public health or safety, will be permitted at much points.sit may 'be "necessary .to"•expe� a elite said emergency repairs, -provided immediato'hotice is" given the State Highway Patroh and Co�uisrit�ra�s Diirtrict Engineer, i Nothing contained herein shall give City any right of access to or , fiom the thruways of tM highway except as set out above, not the tight to cut or otherwise damage the shoulders, paved thruways or mediansi. Commission will advise City of any future improvements reconstruction,,,. or ,maintenance planned for said highway .which will neceksitate an adjust sent to City's facilities. City reserves the right to claim compensation for., such t�Qjystsmeenti affecting those portions of its facilitiee..which per* ..A s located on +private easements and which are now included in said-highway,,; right ,of Kaye Crossing at Highway 8t4tions 37+80, 49+55 Bind 64+50, ex- cAiadinq ghat, portion crossing existing Tanner Bridge Road, ah#Ch is 30'- feet in width, and is located 125 feet left of Route B station 69+80: The•tights•herein conveyed to commission are, granted. only:to the.. extent that City hae.such right of conveyance under'the above-described right o! wap easement and:no further. IN W 8 WHEREOF, City has'hereunto set its hand_ and seal,this. day- of , 1977. CITY OFF F$R9O ,; NlI&3O Byp ATTEM: City.Clerk .3 A 1 ` ACKNOMEDGMENT BY MONICIPAL CORPOPATION STAT$ OF MISSOURI) �QUi�3�. OF C9OIBa 88 On this eb -day of ,.1977, before. me 13ersonally appeared ,�t''f L, �� . to .me known,' r>. rho, being bye me duly sworn, did say that'he is ,the- Mayor of THE' CITY Off'. JE;FErMON,: MISSOURI, arid: that the Beal affixed to the. foregoing. in- strument. is the official seal of said municipal' Cmrporation by $uthor ity;of its C$ty Council and'said acknowledged said 'instrummit'to h.a the fr ee: eict. and dead of said mruniaipal, corporations ra Testimony Whereof, I have hereunto set my hand•and a.fi*ix_ed.coy'. . official seal,. At my office in C'016 County, 'tho d8y, and'year first above`written. zfptdry..public ' 1�Y. comission expires