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Home My Public Portal AboutORD15485 BILL NO. 2015-96 SPONSORED BY COUNCILMAN c Branch ORDINANCE NO. I c 4Y,5"- } AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TRANSFERRING LAND FOR RIGHT-OF-WAY TO THE MISSOURI HIGHWAYS AND TRANSPORTATIN COMMISSION, DEPARTMENT OF TRANSPORTATION (MODOT). BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Council transfers by deed 88.1 square feet of property and 578.4 square feet for a temporary construction easement specifically described on Exhibit A, attached herewith, to the Missouri Highways and Transportation Commission, Department of Transportation (MoDOT) for the Missouri Boulevard Sidewalk Project. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: id/. I IP/t Approved: a— a —1Sp a:voice, (_ .(44 -' Presiding Officer Mayor Carrie Tergin ,�_ ' ATTEST: APPROVED AS TO FORM: ity Cler , `t.t r = City Counselor CCO FORM: RWO3 COUNTY: Cole Approved: 12/92 (TLP) ROUTE: Bus. 50 Revised: 08/14 (AR) PROJECT: J5S3005B Modified: FED. PROJECT: 50-3 (93) PARCEL: 9B 01.v/,VAN' : /5455 GENERAL WARRANTY DEED THIS AGREEMENT, made the 0-- day of rP/�lGrr , 201 , byand between CITY OF JEFFERSON, A Municipal Cor of'ation Grantor, of the P P County of Cole, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Grantee. GRANTOR(S)' ADDRESS: 320 East McCarty Street, Jefferson City, MO 65101 GRANTEE'S ADDRESS: P.O. Box 718, Jefferson City, MO 65102 Grantor, in consideration of the sum of One Dollar and Other Valuable Consideration, to be paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm fee simple title in the property described in this deed. Grantor conveys to the Grantee the real estate and interests in real estate in the County of Cole, State of Missouri, and described as follows: A tract of land located in the Northwest Quarter of the Southeast Quarter of Section 12, Township 44 North, Range 12 West, in the County of Cole, State of Missouri, more particularly described in Exhibit A. All the land of said grantors to be used for a temporary construction easement lying within the following described tract: i Beginning at a point 47.00 feet left of the hereinafter described Business Route 50 Centerline Station 34+44.86 on the new southerly boundary line of Business Route 50, also being a point on the existing westerly right of way line of Kansas Street; thence southerly along the existing westerly right of way line of Kansas Street to a point 70.00 feet left of Business Route 50 Centerline Station 34+44.83; thence northwesterly to a point 70.00 feet left of Business Route 50 Centerline Station 34+65.00; thence northerly to a point 45.00 feet left of Business Route 50 Centerline Station 34+65.00; thence northwesterly to a point 45.00 feet left of Business Route 50 Centerline Station 34+76.00; thence northerly to a point 40.00 feet left of Business Route 50 Centerline Station 34+76.00 on the existing southerly right of way line of Business Route 50; thence southeasterly along the existing southerly right of way line of Business Route 50 to a point 40.00 feet left of Business Route 50 Centerline Station 34+59.87 on the new southerly boundary line of Business Route 50; thence southerly along the new southerly boundary line of Business Route 50 to a point 43.00 feet left of Business Route 50 Centerline Station 34+59.87; thence southeasterly along the new southerly boundary line of Business Route 50 to a point 43.00 feet left of Business Route 50 Centerline Station 34+53.87; thence southerly along the new southerly boundary line of Business Route 50 to a point 47.00 feet left of Business Route 50 Centerline Station 34+53.87; thence southeasterly along the new southerly boundary line of Business Route 50 to the point of beginning. The above temporary construction easement contains 578.4 square feet, more or less. Upon completion and acceptance of the project, the temporary easement rights in the last-described tract shall cease and be no longer in effect. 2 Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to Grantor, its successors and assigns forever. Grantor hereby covenants that it is lawfully seized of an indefeasible estate in fee in the premises herein conveyed. Grantor covenants that it has good right to convey the property. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it or those under whom it claims; and that it will warrant and defend the title to said premises unto the Grantee and unto its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. CITY OF JEFFERSON ATTEST: -64 ( to A 4---1 A/ C WIA-e. 1 eiti0ow/t_. :y: P yllis Powet By: Carrie Tergin City Clerk Mayor ACKNOWLEDGMENT BY CITY OF JEFFERSON STATE OF Missouri ) ss COUNTY OF ',04(W4/1 ) On this ' l/ day of i —{/6r0•-ter201 , before me appeared Carrie Tergin, personally known to me/who being by me duly sworn, did say that she is the Mayor of the City of Jefferson and that the foregoing instrument was signed and sealed on behalf of the City and that she acknowledged said instrument to be the free act and deed of the City and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and a aforesaid the day and year written above. f BRYAN W.WOLFORO Notary Public NO�state ry bo1sc- sou Seal M Commissioned for Mondeau County ?"- 3-` My Commission Expires:Jury 05,2019 My Commis •i. XplreS: ?"- J —,?d/ commission Number:15210071 3 Missouri Highways and Transportation Commission Legal Description Exhibit A I • County Route Project NLmber Date Prepared 1 Cole Bus. 50 J5530051301/04/2016 ,�+''pF MIS&''• i Legal description contained on pages 15-6 of 6 �� S�+� .� �Q • Professional Land Surveyor - o) &9S Print Nam" MO RIS Number 411 JOSEPH M. BAX Joseph M. Bax L.S. 2300 Z*NUMAER *► 5.n.w" t�', LS-2300 s �cr ` • Ci 4, • 01/04/2016 �.,�'Fq�� LAO N V'01' M Missouri Highways and Transportation Commission 105 West Capital,Jefferson City,MO 65102 Only the following legal descriptions 888-ASK MODOT(888)275-6636 contained in this"EXHIBIT A"are authenticated by this seal: 4 All the land of said grantors lying within the following described tract: (This conveyance includes all the realty and realty rights described in the following paragraphs that lie within the limits of a tract of land described and recorded with the Cole County Recorder of Deeds in Book 75 Page 204.) Beginning at a point on the Existing Southerly Right of Way Line of Business Route 50, said point also being on the Existing Westerly Right of Way Line of Kansas Street, 40.00 feet left of Business Route 50 Centerline Station 34+44.87; thence departing said Existing Southerly Right of Way Line, coincident with said Existing Westerly Right of Way Line of Kansas Street, S 03 deg. 09 min. 41 sec. W a distance of 7.00 feet to a point 47.00 feet left of Business Route 50 Centerline Station 34+44.86; thence departing said Existing Westerly Right of Way Line, coincident with the new southerly boundary line of Business Route 50 the following courses: N 86 deg. 46 min. 13 sec. W a distance of 9.01 feet to a point 47.00 feet left of Business Route 50 Centerline Station 34+53.87; thence N 03 deg. 13 min. 47 sec. E a distance of 4.00 feet to a point 43.00 feet left of Business Route 50 Centerline Station 34+53.87; thence N 86 deg. 46 min. 13 sec. W a distance of 6.00 feet to a point 43.00 feet left of Business Route 50 Centerline Station 34+59.87; thence N 03 deg. 13 min. 47 sec. E a distance of 3.00 feet to a point, said point being on the Existing Southerly Right of Way Line of Business Route 50, 40.00 feet left of Business Route 50 Centerline Station 34+59.87; thence coincident with the said Existing Southerly Right of Way Line of Business Route 50, S 86 deg. 46 min. 13 sec. E a distance of 15.00 feet to the point of beginning, containing 81.1 sq. feet. The centerline of Business Route 50, re-established from MoDOT projects FEGC-BHF- 50-3(38) (approx. 1990), F-FG-50-3(49) (approx. 1990), 5-U-50BR-10 (1979), 5-U- 50BR-5 (1974), 5-U-50BR-19 (1980) and F-50-3(27) (1985), is described as follows: Commencing at 2 inch iron pipe at the southwest corner of Inlot 277 of the City of Jefferson; thence S 16 deg. 40 min. 14 sec. E a distance of 1524.78 feet to Business Route 50 centerline P.O.T. station 3+00.00; thence S 75 deg. 07 min. 46 sec. W (plan FEGC-BHF-50-3(38) = S 76 deg. 21 min. W and plan 5-U-50BR-10 = S 68 deg. 21 min. W) a distance of 469.30 feet to Business Route 50 centerline P.C. station 7+69.30; thence on a chord definition curve to the left having a radius of 500.50 feet, having a central angle of 34 deg. 32 min. 00 sec., a chord curve length of 301.16 feet to Business Route 50 centerline P.T. Station 10+70.46; thence S 40 deg. 35 min. 47 sec. W (plan 5- U-50BR-10 = S 33 deg. 49 min. W) a distance of 244.51 feet to Business Route 50 centerline P.C. station 13+14.97; thence on a chord definition curve to the right having a radius of 499.06 feet, having a central angle of 52 deg. 38 min. 00 sec., a chord curve length of 457.68 feet to Business Route 50 centerline P.T. Station 17+72.65; thence N 86 deg. 46 min. 13 sec. W (plan 5-U-50BR-10 = S 86 deg. 27 min, W) a distance of 476.35 feet to Business Route 50 centerline P.O.T. station Equation 22+49.00 Back = 22+48.60 ahead (plan 5-U-50BR-10 = P.O.T. 22+49.00); thence N 86 deg. 46 min. 13 sec. W (plan 5-U-50BR-10 = S 86 deg. 27 min. W) a distance of 1360.74 feet (plan 5-U- 50BR-10 = 1360.34 feet) to Business Route 50 centerline P.C. station 36+09.34; thence on a chord definition curve to the right having a radius of 1998.88 feet, having a central angle of 32 deg. 16 min. 00 sec., a chord curve length of 1125.57 feet to Business 5 Route 50 centerline P.T. Station 47+34.91; thence N 54 deg. 30 min. 13 sec. W (plan 5- U-50BR-10 = N 61 deg. 17 min. W) a distance of 445.89 feet to Business Route 50 centerline P.C. station 51+80.80; thence on a chord definition curve to the left having a radius of 1910.22 feet, having a central angle of 30 deg. 20 min. 52 sec. (plan 5-U- 50BR-10 = 30 deg. 21 min.), a chord curve length of 1011.67 feet to Business Route 50 centerline P.T. Station Equation 61+92.47 Back = 61+99.14 Ahead (plan 5-U-50BR-5 = P.T. 62+00.20); thence N 84 deg. 51 min. 06 sec. W (plan 5-U-50BR-5 = S 88 deg. 22 min. W) a distance of 389.66 feet (plan 5-U-50BR-5 = 388.60 feet) to Business Route 50 centerline P.O.T. station Equation 65+88.80 Back = 65+56.00 ahead, said P.O.T. Equation being N 34 deg. 26 min. 15 sec. E a distance of 1312.93 feet from an aluminum pipe monument at the quarter corner between Sections 11 and 12, Township 44 North, Range 12 West, as shown on Document Number 600-49251 as recorded at the Missouri Department of Agriculture's Land Survey Program; thence, continuing along and with the centerline of Business Route 50, N 84 deg. 51 min. 06 sec. W a distance of 4382.30 feet to Business Route 50 centerline P.C. station 109+38.30; thence on a chord definition curve to the left having a radius of 11458.46 feet, having a central angle of 02 deg. 37 min. 00 sec., a chord curve length of 523.30 feet to Business Route 50 centerline P.T. Station 114+61.60; thence N 87 deg. 28 min. 06 sec. W (plan 5-U-50BR-19 = S 85 deg. 45 min. W and plan F-50-3(27) = Bearing Equation S 85 deg. 45 min. W Back = N 86 deg. 25 min. 51 sec. W Ahead) a distance of 1235.67 feet to Business Route 50 centerline P.O.T. station 126+97.27 (plan 5-U-50BR-19 = P.C. 126+96.57), said P.O.T. being S 06 deg. 27 min. 46 sec. E a distance of 1472.72 feet from a stone at the northeast corner of Section 10, Township 44 North, Range 12 West as shown on Document Number 600-32442 as recorded at the Missouri Department of Agriculture's Land Survey Program; thence, departing the Business Route 50 centerline from MoDOT project 5-U-50BR-19, S.02 deg. 31 min. 54 sec. W a distance of 5.31 feet (plan F-50-3(27) = shift centerline 4 feet left Ahead) to Business Route 50 centerline P.C. station 126+96.57, said P.C. being on the Business Route 50 centerline from MoDOT project F-50-3(27) and also being S 06 deg. 25 min. 50 sec. E a distance of 1477.96 feet from said northeast corner of Section 10; thence along an arc definition curve to the left, the back tangent bearing being N 87 deg. 30 min. 03 sec. W (plan 5-U- 50BR-19 = S 85 deg. 45 min. W and plan F-50-3(27) = Bearing Equation S 85 deg. 45 min. W Back = N 86 deg. 25 min. 51 sec. W Ahead), the radius being 2291.85 feet (plan F-50-3(27) = 2291.83 feet), the central angle being 10 deg. 34 min. 00 sec., the arc length being 422.67 feet, the chord being S 87 deg. 12 min. 57 sec. W a distance of 422.07 feet to Business Route 50 centerline P.T. station 131+19.24; thence S 81 deg. 55 min. 57 sec. W (plan F-50-3(27) = S 83 deg. 00 min. 09 sec. W) a distance of 1433.66 feet to Business Route 50 centerline P.C. station 145+52.90, said P.C. being S 44 deg. 44 min. 50 sec. W a distance of 2380.05 feet from said northeast corner of Section 10. 6 MoD 07 Central District David T.Silvester,District Engineer Missouri Department of Transportation 1511 Missouri Blvd P.O.Box 718 Jefferson City,Missouri 65102 573.751.3322 Fax:573.522.1059 1.888.ASK MODOT(275.6636) DONATION LETTER& WAIVER OF APPRAISAL Re: Acquisition of Right of Way County: Cole Route: Missouri Boulevard Project: J5S3005B, Parcel 9B December 16, 2015 The Honorable Carrie Tergin Mayor of City of Jefferson 320 East McCarty Street Jefferson City, MO. 65101 Dear Mayor Tergin: The Missouri Department of Transportation is pleased to inform you of an improvement planned for your area. Engineering drawings which describe the proposed project are attached. We do want to inform you of your right to receive compensation for the land and/or property rights in question, as determined by an appraisal of the rights to be acquired from your property. We are hopeful that, because of the benefits to be derived from the project, we can reach an agreement with you to donate the required land and/or property rights to accomplish the proposed construction. Should you choose to donate, we would appreciate your signing this letter, waiving your right to compensation and pro rata tax adjustment and returning it to us. To comply with regulations,we will also need your signature later on a formal conveyance document. An acquisition brochure is furnished with this letter. It's purpose is to explain the process which must be followed to acquire right of way. We look forward to the completion of this improvement project and appreciate your cooperation. Respectfully, :)/ L_ : ) Missouri Department of Transportation by: ACCEPTED BY PROPERTY OWNER 2 - (1 -1c, Owner(s) Signature { Date RETA I NING WALL !REBU ILT WITH ORIG I NAL STONESI EXISTING SIGNAL CABINET CONCEPTUAL PLAN SOUTHWEST CORNER INTERSECITON OF BUS. ROUTE 50 AND KANSAS STREET I ' SHEET 1 OF 1 TEMP . ESMT . ( CONSTR . > I- V) (/) <( (/) z <( ::::L +94 . 69! 1.......,:;.--'---~1 -40. 00! I ! I i I· I • I I Cl '~ llll.j''f-" i tll \ L I I · fliiC[[l Oll !ILISSULD 1 U OT IIGlS I CONSTRtlC T ENTRANCE CITY OR JEFFERSON STA. 3 +16 .97 LT . 33'W X 30'D STREET CONCRE E PAVED APPROACH 1")0 coo 0 0 I'-- ""' I I'--0 co 0 .- 0 0 0 0 0 I'--I") I "1' I I 00 00 1'--0 u)~co 0 <...0 "1' • 0 +1 0> Ln ~ +I 0 0 Ln "1' I UJ 8 0 0 . fY") • <...0 0 I'--"1' +I CITY OF JEFFERSON (fi!ASIIINCTON PAl?!( CENTEI?J 1 L ., LANDING R a RAMP S = SIDEWALK T = TRANSITION SCALE .. 20 JO DO NOT DISTURB LIGH TING ST RUCT URE I I t I I I I I I I I I ! I I ' Jl /1 ~ AMK PROPERTIES, LLC @ GARY OALE STEINMETZ• LARRY ALLEN STEINMETZ AND CHERIE L YHH INGLES WALLACE @ CITY OF JEFFERSON NO UIID TAKEN UNAPPROVED PREUMINARY PlANS SUBJECT TO CHANGE NOT TO BE REPRODUCED OR REISSUED TO OTIIERS RECEIVED DEC SO ZOI5 CENTRAL DISTRICT RIGHT OF WAY DEPARTMENT RIGHT OF WAY SHEET SHEET liFO