HomeMy Public PortalAboutORD07255 ORDINANCE NO. S'S'
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
AND DIRECTING THE MAYOR AND THE CITY CLERK OF SAID SAID TO
EXECUTE A CONTRACT RELATING TO THE PURCHASE OF STREET RIGHT
OF WAY AND THE ACQUISITION OF A STREET CONSTRUCTION EASEMENT
WITH DELMER EDWARDS AND ELEANOR EDWARDSs HUSBAND AND WIFE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of
Jefferson, Missouri, are hereby authorized and directed for
and in behalf of said City to execute a contract relating
to the purchase of publis street right of way and the
acquisition of a street construction easement with Delmer
Edwards and Eleanor Edwards, husband and wife.
Section 2. Said contract shall read in words and figures
® as follows:
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A G R E E M E N T
THIS AGREEMENT, made and entered into this 6th day of
July, 1962, by and between Delmer Edwards and Eleanor Edwards,
husband and wife, of Cole County, Missouri, hereinafter termed
First Parties, and the City of Jefferson, Missouri, a city of
the third class, located in the County of Cole, State of
Missouri, hereinafter termed Second Party:
WITNESSETH
WHEREAS, Second Party intends to improve Russell Street,
between the intersection of Russell Street with Monroe Street,
on the one hand, and the intersection of Russell Street with
Madison Street ( U. S. Highway 54 South ), in the City of
Jefferson, Missouri, on the other hand, by grading, macadamizing,
curbing and guttering the roadway of said street, and
WHEREAS, in order to improve Russell Street in the manner
aforesaid, it is necessary for the Second Party to secure a
permanent easement for street right of way purposes and a
temporary easement for fill and landscaping purposes in,
over and upon a lot and tract of land now owned by the First
Parties, subject to a Deed of Trust in favor of the Veterans
Administration of the United States of America, as recorded
in Book Ill at Page 361, Recorder of Deeds Office, Cole
County, Missouri, and
WHEREAS, First Parties and the Second Party have agreed
upon a price to be paid by the Second Party to the First
Parties and the Veterans Administration of the United States
of America for said permanent and temporary easements and the
conditions upon which the temporary easement for fill and
landscape purposes shall be given, now therefore`
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. First Parties shall execute a dried of easement for
• street right of way purposes to the Second Party, in, over and
upon the following described real property located in the City
of Jefferson, County of Cole, Missouri :
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"Part of Outlot No. 29 in the City of Jefferson,
Missouri, more particularly described as follows:
From a point on the northerly line of Dunford
Street, being 250 .0 feet westerly of the westerly
line of Monroe Street ; thence N 420 354 E, parallel
with Monroe Street, 99061 feet to the point of
beginning of this description: thence continuing
N 420 354 E, 25.39 feet; thence S 471 534 E, and
parallel with Dunford Street, 17.86 feet; thence
S 770 194 W, 31.12 feet to the point of beginning.
Bearings are magnetic. Variation is 60 30t ."
2, First Parties shall execute a temporary easement,
to terminate upon the expiration of two years from the date
of said instrument or upon the completion of the improvement
of Russell Street, whichever is earlier, to Second Party
authorizing the Second Party to place an earth fill and
perform general landscape work in, over and upon the
following described real property located in tha "City of
Jefferson, County of Cole, Missouri:
"Part of Outlot No. 29 in, the. City of Jefferson,
-Missouri, more particularly described as follows:
From a point on the. northerly lineof ,Dunford Street,
being 250.0 feet. westerly of the westerly line of
Monroe Street ; thence N 420 354 E, parallel with
Monroe Street, 82.06 feet to the point of beginning:
thence continuing N 420 35t E, 17.55 feet; thence
N 770 194 E, 31.20 feet; thence S 470 " 534 E, 11.88
feet; thence S 770 194 W, 52.20 feat to the point
of beginning. Bearings are magnetic. Variation is
60 304 East."
3. .Second Party shall pay First Parties and the Veterans
Administration of the United States of America One Thousand
($1,000.00) Dollars for the land, as described in paragraph
one above, conveyed by First Parties to. Second Party for
permanent street right of way purposes.
4. Second Party shall pay First Parties the sum of One
($1.00) Dollar for the temporary construction easement for
land fill and landscape purposes in, over and upon the land
described in paragraph two above, and upon placing the earth
fill within the area of said easement, shall seed and mulch,
or, sod said earth fill according to the instructions of the
First Parties,
5. The execution of the instruments described in paragraphs
one and two of this agreement and the payment of the money stated
in paragraph three of this instrument shall be conditioned upon
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the approval of this agreement by the Veterans Administration
of the United States of America, and the execution of a Deed
of Partial Release from the Deed of Trust recorded in Book
111, at Page 361, Office of the Recorder of Deeds of Cole,
County, Missouri, for the land descfibed in paragraph one
of this agreement by the Veterans Administration of. the
United States of America to the First Parties.
6. Second Party agrees to pay all fees ..and, customary
expenses for an appraisal, if required by the Veterans
Administration of the United States of America, and for
the preparation and recordation of this deeds of easement,
and the purchase of revenue stamps, if required.
IN WITNESS WHEREOF, the Parties to this Agreement have.
hereunto set their hands and seals this 6th day of July, 1962.
(Signed)
(Signed)
CITY .OF JEFFERSON, MISSO I
(By)
Mayor
ATTEST:
City Clerk
4_A •r^r
Section 3. This ordinance shall take effect and be in
force from and after its passage and approval.
Passed: Approved:
esident of the Co it Ma
Attest:
Or City Clerk
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