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HomeMy Public PortalAboutORD15234 SUBSTITUTE BILL NO. 2013-136 SPONSORED BY COUNCILMAN /GScrivner ORDINANCE NO. I � "f AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING A PORTION OF RIGHT OF WAY AT STONERIDGE PARKWAY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Council of the City of Jefferson, Missouri, hereby declares it necessary, reasonable and proper to discontinue and forever vacate the following public right-of-way, finding the following described right-of-way surplus property of the City and no longer needed for any public purpose: Part of Stoneridge Parkway right-of-way dedicated by Stoneridge Village Section One, a subdivision of record in Plat Book 12, page 585, Cole County Recorder's Office: being a part of the tract of ground described in Book 546, page 461, and Book 572, page 579, Cole County Recorder's Office, and being part of the tract of ground described in Book 404, page 424, Cole County Recorder's Office; being part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southwest corner of Lot 1 of Stoneridge Village Section One, per plat of record in Plat Book 12. page 585. Cole County Recorder's Office; thence N78°26'43"W, on a direct line, 116.05 feet to the POINT OF BEGINNING for this description, thence S81°03'30"W, 28.65 feet to the southerly right-of-way line of the former South Ten Mile Drive Connection to Business Route 50/Missouri Boulevard; thence N45 002'27"E, along the said southerly right-of-way line, 31.40 feet, thence S18 05630"E, 18.75 feet to the POINT OF BEGINNING. Above description shown on Attached EXHIBIT A. Bearing Base: Stoneridge Village Section One. as per plat of record in Plat Book 12. page 585, Cole County Recorder's Office. Section 2. All that portion of the above vacated right-of-way described in Section 1 is hereby retained as a perpetual easement for the construction, maintenance, repair, relocation and operation of sanitary sewers, surface water drainage, pedestrian access and all public utility facilities, and no permanent buildings shall be located within or upon said easement without the prior written consent of the City. Section 3. The right-of-way described in Section 1 is hereby relinquished, and the statutory rights of reversion are hereby confirmed, as provided by the laws of the State of Missouri. SUBSTITUTE Section 4. The Mayor and City Clerk of the City are hereby authorized to execute any necessary legal documents required to confirm the relinquishment of the City's interest in the tract described in Section 1, and confirming the reversionary rights therein, subject to the easement rights being retained as per Section 2 and are authorized to execute a Quit Claim deed conveying any legal interest the City may own in said parcel to Land Investments, L.L.C., as in Exhibit B. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: �- C, , Approved: 3 �� Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: Clerk City Counselor EXHIBIT A i P _ cA� 7d SE 1/4 NE 114 SEC. 10, T44N, R12W\\ a , LOT 1 TEN MILE S PLAT BOOK SEC 1 LOT2 S• \ it EXHIBIT B QUIT-CLAIM DEED THIS INDENTURE,Made on the_day of 2014, by and between the City of Jefferson, Missouri,a municipal corporation,Grantor,and Land Investments,L.L.C.,a Missouri limited liability company, (Grantee's mailing address: 221 Bolivar Street, Suite 400,Jefferson City, MO 65101), Grantee; WITNESSETH,That the said Grantor, for valuable consideration, the receipt of which is hereby acknowledged,does by these presents Remise, Release and forever Quit-Claim unto the said Grantee,the following described Lots, Tracts or parcels of Land lying, being and situate in the County of Cole and State of Missouri,to-wit: Part of Stoneridge Parkway right-of-way dedicated by Stoneridge Village Section One,a subdivision of record in Plat Book 12,page 585,Cole County Recorder's Office; being a part of the tract of ground described in Book 546,page 461,and Book 572,page 579, Cole County Recorder's Office, and being part of the tract of ground described in Book 404, page 424, Cole County Recorder's Office; being part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows From the southwest corner of Lot 1 of Stoneridge Village Section One,per plat of record in Plat Book 12,page 585,Cole County Recorder's Office;thence N78°2643"W,on a direct line, 116.05 feet to the POINT OF BEGINNING for this description;thence S8 1°03'30"W, 28.65 feet to the southerly right-of-way line of the former South Ten Mile Drive Connection to Business Route 50/Missouri Boulevard; thence N45°02'27"E,along the said southerly right-of-way line,31.40 feet;thence S 18°56'30"E, 18.75 feet to the POINT OF BEGINNING. Bearing Base: Stoneridge Village Section One, per plat of record in Plat Book 12, page 585,Cole County Recorder's Office. Subject to perpetual easements for the construction, maintenance, repair, relocation and operation of sanitary sewers, surface water drainage, pedestrian access and all public utility facilities, which easements are retained for the benefit of Grantor and Grantor's successors and assigns. Subject to the restriction that no permanent buildings shall be located within or upon the above described tract without the prior written consent of Grantor. TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging unto the said Grantee, and successors and assigns, FOREVER so that neither the said Grantor nor Grantor's successors, nor any other person or persons for Grantor or in Grantor's name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises,or any part thereof, but they and every one of them shall, by these presents, be excluded and forever barred. IN WITNESS WHEREOF,the said Grantor has hereunto set Grantor's hand and seal the day and year first above written. City of Jefferson, Missouri By Eric J. Struemph, Mayor STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this—day of 2014, before me personally appeared Eric J. Struemph, Mayor of the City of Jefferson, Missouri, a municipal corporation,to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of the City of Jefferson, Missouri, per authority of the City Council thereof. In Testimony Whereof, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. Notary Public My Commission Expires: ' t LYt Y OF j Fp fR soy Eric J. Struemph City of Jefferson N I ! 1 0 Mayor 1825 STATE OF MISSOURI ) SS COUNTY OF COLE ) CERTIFICATE I, Phyllis Powell, City Clerk of the City of Jefferson, Missouri, the designated Custodian of Records for the City of Jefferson, Missouri, do hereby certify that the attached are true and accurate photocopies of the following official record(s) of the City of Jefferson, Missouri: 1. Ordinance 15234, enacted by the City of Jefferson, Missouri on February 18, 2014, pages 1 through 2,plus 3 pages of attachments, for a total of 5 (5) pages, inclusive. IN WITNESS WHEREOF I have set my hand and affixed the seal of the City of Jefferson, Missouri, on March 32014. (S E A L of the City of Jefferson) Phyllis Powell. City Clerk t State of Missouri Cole County Larry D. Rademan,Recorder of Deeds RECORDED Book: 641 Paige: 347 Receipt 9: 276016 Tota(Fees: $39.00 Reception: 201401675 Pages Recorded: 6 Deputy: n " ...... Date Recorded: 3/4/2014 11:19:47 AM SEAL j.,WJ TY ` n d!j5S�S�'�ar