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HomeMy Public PortalAboutORD09738 BILL INTRODUCED BY COUNCILMAN ORDINANCE NO. q!Z.9 F AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO ENTER INTO AN AGREDIENT WITH ALBERT GOLDAIMIER AND LYDIA GOLDAM14ER TO PROVIDE FOR THE DEEDING OF PROPERTY AND SURFACE WATER DRAINAGE EASEPENTS FOR THE EXTENSION AND CONSTRUCTION OF EASTLAND DRIVE FROM U.S. HIGHWAY 50-63 TO BALD HILL ROAD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and City Clerk of the City are hereby authorized and directed, for and,in the name of the City, to execute a written agreement with Albert Goldammer and Lydia ® Goldammer for right-of-way for construction of the extension of. , - Eastland Drive. SECTION 2. Said contract shall read as follows: (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: 1 Approved: e dent f the Council r ATTEST: City Lrk AGREEMENT THIS AGREEMENT, made and entered into this �1 , day Of , 19 d.) , by and between George Hartsfield, President of the C1q Council of the City of Jefferson, Missouri, a municipal corporation of the third class of the State of Missouri, Party of the First Part, and who acts for and on behalf of the City of Jefferson, and Albert Goldammer and Lydia Goldammer, husband and wife, Party of the Second Part. WITNESSETH: That for and in consideration of mutual promises and covenants herein contained, the Party of the Second Part does agree to prepare and execute a Warranty Deed for certain portions of outlot 112 in the City of Jefferson, AIi.ssouri, a description of which is attached hereto, to be used as street right- of-way for the construction of the extension of Eastland Drive South. The initial cost of which shall be born by the City and which will be in no way assessed to the Party of the Second Part or remaining property bordering the improvement. In connection with and as a part of the consideration the Party of the First Part does agree as follows: 1) To complete the building of the proposed roadway from U.S. Highway 50-63 to Bald Hill Road by December of 1982, with said road to be built to the existing standards of the City of Jefferson. This being contingent upon the cooperation of the Missouri Highway and Transportation Department and other property owners involved. This being a segment of the belt roadway system it is understood parking and traffic restrictions would be at the descretion of the City. 2) To final grade, fertilize, seed- and mulch all disturbed areas, which are not paved and insure the protection within reason of all trees outside the right-of-way within the grading easement. 3) To allow a minimum of one (1) sixty foot right-of-way access point, . the location to be mutually agreed upon by both parties and to allow the use of one private drive approach per two (2) fronting lots provided all fronting lots shall enter from a side street where one is planned and provided the frequency of these joint access points shall not exceed one per 200 foot of roadway. 4) To make provision in the contract documents for the construction of the proposed roadway to allow for the coordination and installation of utilities provided such does not cause undue delay to orderly progress of the City's contractor IN WITNESS WHEREOF, the Parties ve hereunto set their hands and seals /98a- this day. of — ., PARTY OF THE FIRST PART P�LRTY OF THE SECOND PART City of Jefferson �I . (BY) (BY) ae��&,,L Albert Goldammer n (SEAL) Lydi Goldammer ATTEST; i er GENERAL WARRANTY DEED Ilk IIIIIllull, Made oll the C-) I fly o 'y by and bowl-I'll husband-ana_+►ifv- of the County of III the Slaw of Missouri, part of Ilo! First llati. 111111 f u;L C P-t Ll aiy Qf-a-f Q-r., Gronwvs mailing addrvss: r I C r ill lilt- Stall! of Missouri, part of the Svcond part; t — One Dollar and Other 0 'Thal the said purl 1—q-s-- of Ihe. Part in considt',ralinn 'of this sion if Valuable Consideration------------------------ --------- DOLLARS. to them pall by the said Marl -----Y— of the Seuund part. ilic ri-(:(!il)l of which is herchy acknowledged. fill by lhew presents, GRANT. IIARGAIN AND SKILL. (.()NVI-"Y AND CONFIRM unin the saill part—Y of fill!Si-cluld part, _ their heirs and assigns,the following described hit,;.Iracts or parcels of land lying,living find situate in the Coun I y of Stall! of Missouri.to-wil: A strip of land 80 feet of even width across part of Outlot No. 112, of the Plat of the City of Jefferson, Missouri; the centerline of said 80 foot strip being more particularly described as follows: From the Southwest corner of the Northwest clyarterof the Southwest Quarter of Section 21, Township 44 North, Range 11 West, in the County of Cole, Missoiiri; thence N 040 16 ` 30" W along the Section line, 969.84 feet to centerline Station 22+98.88 of proposed Eastland Drive and the point of beginning for this description; thence along the centerline of proposed Eastland Drive the following courses: S 410 221 3211 W, 201.12 feet to P.C. Station 25+00, thence on a curve to the left having a radius of 532.08 a distance of 372.36 feet to P.T. Station 28+72.36; thence S 810 281 2211 IV, 22.00 feet more or less to the centerline of Bald Hill Road and the point of termination of this description. Said 80 foot strip contains 1.09 acres more or less. The above described 80 foot strip shall be used for limited acess right-of-way purposes. ALSO, a temporary construction easement west of and immediately adjacent to, and a tempor- Wconstruction easement east of and immediately adjacent to the above described 80 foot trip. The extent of said temporary construction easements shall be considered to extend 15 feet outside of the slope limits as depicted in construction. plans and drawings on file in the Engineering Division of the Jefferson City, D.Iissouri, Department of Public Works, and said temporary construction easement rights shall cease upon completion of the improvements by the Party of the Second Part. TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights, privileges,appurtenances find immunities thereto bidonging or in anywise. ap1wrlaining, onto the said part Y-- of the Second part and unto their heirs and assigns FORFVFR. the said hereby covenanting that --thia-y—are— lawfully seized of an indefeasible estate in fee in the premises herein conveyvd; that th y hit— Ve good right to convey the same: that the said premises are free and clear of any incumbrances done or suffered by them or those under whom they claim and that fWay, will warrant and defend the title to said premises onto the said part y of the Second Part, and onto thei heirs and assigns FOREWER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF,the said part iJbSL of the First part ham_herounto set tll('i r--hand S and seal the day dM vcar first above wrillen. 6V Albert Gold&`rWef- Lydia Coldammer STATE OF MISSOURI l ss. Coun y of Cu", On Is C-.4 Y. — day of 19 before me personally appeared Alberf—Goldaimner and Lydia Goldafter Ili in(! to ha flie-1).erson S --- described in and who executed the foregoing instrument and acknowledged (hill they oxeculed the same its their free act and deed. t=XN-XXX IN TESTIMONV,%�l 11-109EOT� have hereunto so my hand and affixed my offici Oelir -jef ferson, City, Missouri tt)seal at my the tLayptl yoiv•flrst`ah1jv6-i4r'.I(en. 44- MY, MUST BE TYPED OR PRINTED UNDER ALL SIGNATURES) ATE. OF MISSOURI 5s. Document No. ounly of Cole I. the undersigned Recorder of Deeds for said County and Still(,do hereby certify that the foregoing instrument of writing was filed for record in illy fiffice oil till!— (illy of W— al o'clock and minoles M., and is truly recorded In Hook — page Witness my hand and official seal (in the (Jay and year aforesaid. Recordor lly DI-pilly 011WC11INTRAL PRINTING CO.