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HomeMy Public PortalAboutORD09103 k w 4 �j BILL NO. INTRODUCED BY COUNCILMAN ORDINAN ? NO . "j/ 3 AN ORDINANCE OF T111: CITY O11 .11011111,11SONo MISSOURI , AUTHORIZING AND DIRECI'INC THE MAYOR AND CITY CLERK OF T11E CITY TO EXECUTE A WRITTEN UTILITY ACRIII?MI?NT AND EASEMENT FOR HIGHWAY CON- STRUCTION WITH THE MISSOURI S'L'ATE HIGHWAY COMMISSION. HE 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) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval . i Passed: . ._ _-. Approved:_ AT C� �-'Pre dent ouncil May ATTEST: (ILL City Cle k e3 QrI Job No. 5-U-50BR-19 ff Business Route 50 Cole County EASEMENT FOR HIGHWAY CONSTRUCTION (ACCESS UNLIMITED) THIS INDENTURE by and between THE CITY OF JEFFERSON, MISSOURI, a municipal corporation existing under the laws of the State of Missouri, Party of the First Part (hereinafter referred to as "City") , and the STATE OF MISSOURI, acting by and through the STATE HIGHWAY COMMISSION OF MISSOURI, of Cole County, Missouri, Party of the Second Part (hereinafter referred to as "Commission"), WITNESSETH: In consideration of One Dollar ($1.00) , receipt of which is hereby acknowl- edged, and other good and valuable consideration, City grants and conveys unto the Commission, its successors and assigns, the right to construct and maintain a highway across that portion of an easement owned and held by City situated in the SA of the NW+ of Section 11, Township 44 North, Range 12 West, in Cole Co., Missouri (as obtained in an easement dated May 20, 1971, recorded in Book 221, Page 734, of the dead records of Cole County, Missouri) , more particularly de- scribed as follows: That part of City's easements lying within a tract of land as hereinafter designated on the left or south side of the following described centerline of Business Highway Route 50. The centerline of said highway is described as commencing at a stone at the center of Section 11, T 44 N, R 12 W; thence N 250 09' W, 533.77 feet; thence N 120 39' W, 794.20 feet to a point on Highway Centerline at Station 104+43.51 thence N 880 22' E, 43.5 feet to Centerline Station 104+00 (the point of beginning); thence S 880 22' W, 300 feet to Centerline Station 107+00. A tract of land increasing in width from 90 feet at Station 104+00 to 110 feet at Station 107+00. The land above described is shown by a copy of the plans for said highway on file with the Clerk of the County Court of Cole County, Missouri. City reserves for itself, its successors and assigns, the rights it now has under existing right of way easements including the right to expand its facilities. In the event some future use of or improvements to said highway necessitates adjustment of city's facilities, City reserves the right to claim compensation for such adjustments affecting that portion of its facilities which wan located on private easement beyond the original 100-foot road and which is now included in said highway right of way crossing at Station 104+80. City agrees that future work to be performed within the limits of the highway right of way in connection with location, relocation or maintenance of City's facilities will be done in accordance with thb provisions of an agreement or permit that will be issued by Commission's District Engineer. City shall have the rights of ingress and egress to and from said ease- ment of right of way. The rights herein coi:veyed to Commission are granted only to the extent that City has such right of conveyance under the above-described right of way easement and no further. r IN WITNESS wHEREOF, City has hereunto set its hand and seal this 1 day of i �,, , 1978. CITY OF JEFFERSON, MISSOURI 1 ._ By X, (Title) ATTEST: L ity Clerk -2- a •r r ® ACKNOWLEDMENT BY MUNICIPAL CORPORATION STATE OF MISSOURI) ) SS COUNTY OF COLE) { On this 14th :day of- March , 1978, before me per- sonally appeared Robert L. Hyder _ , to me known, who, being by me duly sworn, did say that he is the Mayor of THE CITY OF JEFFERSON, MISSOURI, and that ® the seal affixed to the foregoing instrument is the official seal of said municipal corporation and that said instrument was signed and sealed in be- half of said municipal corporation by authority of its City Council, and said Mavnr Robert r H),der acknowledged said instrument to be the free act and deed of said municipal corporation. In Testimony Whereof, I have hereunto set my hand and affixed my offi- cial seal, at my office in Cole County, the day and year first above written. �N6 a-rp' Public auiy I till r My Commission expires My Commission Expires January 14,1980