HomeMy Public PortalAboutORD06704 ORDINANCE NO. 6704
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY TO EXECUTE FOR
AND ON BEHALF OF THE CITY A WARRANTY DEED CONVEYING AN EASEMENT
FOR THE PURPOSE OF A PUBLIC ROAD IN, OVER AND UPON CERTAIN SPECIFI_
CALLY DESCRIBED PREMISES TO THE COUNTY OF COLE, MISSOURI, IN
CONSIDERATION FOR THE SUM OF ONE ($1.00) DOLLAR AND OTHER GOOD AND
VALUABLE CONSIDEIL!LTION.
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 to
execute, for and on behalf of the City, a Warranty Deed conveying
an easement for the purpose of a public road in over and upon
certain specifically described premises to the County. of Cole,
State of Missouri, inconsideration for the sum of One ($1.00)
Dollar and other good and valuable consideration.
Section 2. Said Corporate Deed conveying said easement in, over
and upon said premises shall read in the following form, to-wit:
CORPORATE DEED
Whereas the City Council of the City of Jefferson, ;Missouri, did
pass ordinance number of the City of Jefferson, Missouri,
on the day of February, 1959, which said ordinance was
approved by the Mayor on the day of February, 1959, and
Whereas under the terms of said ordinance, the Mayor and the
City Clerk were authorized and directed to execute, for and on
behalf of the City of Jefferson, a warranty deed conveying an
easement for public road purposes over and upon certain specificall
described lands to the County of Cole, Missouri, now therefore:
THIS INDENTURE, made this day of February, 1959, by and
between the City of Jefferson, Missouri, a numicipal corporation,
located within the County of Cole, Missouri, and existing under
the laws of the State of Missouri, Party of the First Part, and
the County of Cole, Missouri, Party of the Second Part:
WITNESSETH: That the Party of the First Part in consideration
of the sum of One ($1.00) Dollar and other good and valuable
consideration to it paid by the Party of the Second Part, the
receipt of which is hereby acknowledged, does by these presents
Grant, Bargain and Sell, Convey and Confirm unto the said Party
of the Second Part, its: Successors and assigns an easement for
public road purposes in, over and upon the following described
premises situated in the County of Cole, State of Missouri, to-wit:
"Part of the West Fractional Half of Section 2, Twp.44
North, Range 12 West, containing 1. 1 acres, more or
less, and particularly described as follows:
From the northwest corner of Section 2, Township 44
North, Range 12 West, thence south along the section
line 464 feet to the northwest corner of the Missouri
Power & Light Company property to a point on the south
line of the Missouri Pacific Railroad right-of-way;
thence in a southeasterly direction along the south
line of said right of way, 612.0 feet to the northeast
corner of the Missouri Power & Light Company property
for the point of beginning: thence continuing in a
southeasterly direction along the south line of said
Missouri Padific Railroad Company right of way, 815.0
feet to the quarter-quarter section line and the west
line of the Arthur H. Beck property; thence south along
the quarter-quarter section line 40.0 feet; thence in a
northwesterly direction parallel to the south line of
the said Missouri Pacific Railroad right of way 815.0
feet to a paint on the east line of the Missouri Power
& Light Company property; thence North 5 degrees and 40
minutes West along the east line of said property 40.0
feet to the point of beginning.
Bearings are magnetic. Variation North 7 degrees and
16 minutes East."
Subject to the easement granted to Ernest L. Crane and
Viola Crane, husband and wife, as described in warranty
deed dated December 9 , 1953 and recorded in Book 136
at Page 15, Cole County Recorder' s Office.
Subject to the reservation contained in the Quit-Claim
Deed in favor of the Jaycee Cole County Fair Association
as described in Quitclaim Deed dated April 9, 1954, and
recorded in Book 138 at Page 239, Cole County Recorder' s
Office."
TO HAVE AND TO HOLD the same, with all rights, privileges,
appurtenances and immunities thereto belonging or in anywise
appertaining unto the Party of the Second Part to the extent
f an easement for public road purposes, provided that, should
he grantee used the easement conveyed hereby for any other
urpose than a public road, said easement interest of the Second
arty shall immediately terminate and revert back to the Party
f' the First Part. The Party of the First Part covenants that
t has good right to convey the easement interest described above;
hat the said premises are free and clear of any encumbrance
one or suffered by it or those under whom it claims; and that
't will Warrant and Defend its title to said premises to the
xtent of an easement for public road purposes unto the Party
f the Second Part, and unto its successors and assigns as long
is said easement in said premises is used for the purpose of a
ublic road, against the lawful claims and demands of all persons
homsoever, excepting those expressly mentioned above.
IN WITNESS WHEREOF, the City of Jefferson, Missouri, as the
arty of the First Part, has caused these presents to be signed
y its Mayor and attested by its City Clerk and its corporate
seal to be affixed this day of February, 1959 .
CITY OF JEFFERSON, MISSOURI
(By)
Arthur W. Ellis, Mayor
TTEST:
enry Ells, City Clerk
STATE OF MISSOURI)
) ss.
OUNTY OF COLE )
On this day of February, 1959, before me did personall
appear Arthur W. Ellis to me known, who, being by me duly sworn,
id say that he is the Mayor of the City of Jefferson, Missouri,
hat the seal affixed to this instrument is the corporate seal of
aid municipal corporation, that said instrument was signed and
ealed on behalf of said municipal corporation by the authority
f its City Council.
And the said Arthur W. Ellis acknowledges said instrument to