HomeMy Public PortalAboutORD06802 r J
DELAWARE STREET, AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION 1. It shall be unlawful for the operator of a motor vehicle
to permit the same to be parked at the east curb of Delaware Street :
between two points located one hundred and thirty (132) feet and eig ty
two (82) feet north of the south eldge of the 700 Block of Delaware
Street.
SECTION 2. Anyone violating any of the terms of this ordinance
shall be deemed guilty of a misdemeanor.
SECTION 3. This ordinance shall be in force and effect from and
after its passage and approval.
Passed: 9/21/59 Approved: 9122/59
C. F. Whaley /s/ C. F. Whaley /s/
President of the Council Mayor
ORDINANCE N0. 6802
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK
OF THE CITY OF JEFFERSON, MISSOURI, FOR AND ON BEHALF OF THE CITY
TO EXECUTE AN AGREEMENT WITH ROBERT LIVINGSTON AND DOROTHY
LIVINGSTON.
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 on behalf of tte
City to execute an agreement with Robert Livingston and Dorothy
Livingston whereby Robert Livingston and Dorothy Livingston are
permitted to make certain uses of a surface water drainage easement
of the City of Jefferson under certain terms and conditions.
SECTION 2. Said agreement shall read in words and figures as folio ;
AGREEK-ENT
THIS AGREEMENT, made and entered into this day of Septembe ,
1959, by and between Robert Livingston and Dorothy Livingston,
husband and wife, of Cole County, Missouri, Parties of the First
Part, and the City of Jefferson, Missouri, a city of the third class
existing under the laws of Missouri, located within Cole County,
Missouri, Party of the Second Part:
WITNESSETH
Whereas First Parties reserved to -the Second Party certain easemer s
for the conveyance of sanitary sewage and surface waters as
evidenced by a plat of the West Hills Subdivision of the City of
Jefferson, of record in Plat Book 5 at Page 53, Cole County Recorde 's
Office, and
Whereas, a portion of one of the easements reserved to the City of
Jefferson, Missouri for the conveyance of surface waters as shown t
be located on and upon the southeasterly ten (10) feet of Lot 1 of
Block 6 of West Hills Subdivision as is shown by the aforementioned
plat of record, and
Whereas, the First Parties do desire to build a home on Lot 1 of
Block 6 of West Hills Subdivision and to construct a portion of
said home, garage and appurtenances over and above the ten (10)
oot strip of land reserved to the city for an easement for the U
ffonveyance of surface waters, and
Whereas, the First Parties intend to install a forty eight (48)
nch galvanized pipe within the area of the aforementioned surface
ater ten foot easement for the purpose of allowing all surface
aters to run into and through said pipe, and thereafter to fill
vex said pipe with earth before constructing any portion of said
Ouse, garage or appurtenances thereto within the area of the
asement, and
Whereas the First Parties desire permission from the Second Party
o excavate within the area of said ten foot easement, place said
Iorty eight (48) inch pipe in said excavation, cover said drainage
ipe with earth and then build and construct the house, garage and
ppurtenances thereto over and upon said easement, and
Whereas, the Second Party is willing to grant said permission
nder certain terms and conditions, now therefore:
1. It is hereby mutually agreed by and between the First Parties
nd the Second Party that the First Parties shall be permitted and
uthorized to excavate the earth within the ten foot surface water
rainage easement located along the southeatterly ten (10) feet of
of 1 of Block 6 of West Hills Subdivison as shown per plat of
ecord in Plat Book 5 at Page 53, Cole County Recorder's Office,
nd thereafter to lay and connect a galvanized. forty eitht (48) inch
ipe to the% west terminal of a forty eight .(48) inch pipe running
eneath the surface of Castle Drive, and thereafter to fill and
over up with dirt said forty eight (48) inch galvanized pipe, and
hereafter construct and build a house and garage and normal
ppurtenances thereto over the galvanized pipe and within the
oundaries of said ten foot surface water drainage easement.
2. First Parties agree that in consideration of the permission
rom and the agreement by the Second Party to allow First Parties
o take the action described above, the First Parties shall:
(1) So build the house, garage and appurtenances thereto
lithin the area of the easement so as not to interfere with said
alvanized surface water drainage pipe and the free passage of
urface water through said pipe.
(2) To waive any right to compensation from the Second
arty for the repair or replacement of any portion of said house,
arage or appurtenances thereto, and to waive the right to any
amages to be paid by Second Party that may be sustained by First
arties to said howise, garage and appurtenances thereto resulting
rom the excavation, repair or replacement of said galvanized pipe
y the Second Party.
(3) To release the second Party from any possible claim
or damages to said house, garage and appurtenances thereto resultin
rom the drainage of surface waters within said easement.
3. The aforementioned covenants of the First Parties shall be
eemed covenants running with the land, and this agreement shall be
finding upon the heirs, administrators, successors, and assigns,
nd all grantees of the parties and their heirs, administrators,
uccessors, assigns and trantees.
IN WITNESS WHEREOF, THIS AGREEMENT, has been signed this
ay of September, 1959.
CITY OF JEFFERSON, MISSOURI
Robert Livingston