HomeMy Public PortalAboutORD15065 BILL NO. 2012-123
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT FOR THE BENEFIT OF
GARY W. POFF AND KATHLEEN C. POFF.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an easement for the benefit of Gary W. Poff and Kathleen C. Poff.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: G - � 2— Approved:
Press in ffic Mayor
ATTEST: APPROVED AS TO FORM:
i CIA. - City Counselor
ENCROACHMENT EASEMENT,�/
THIS ENCROACHMENT EASEMENT, made this I ( day of AQVC� ,
by the City of Jefferson, a Missouri municipal corporation ("Grantor"), to and for the benefit of
Gary W. Poff and Kathleen C. Poff, Trustees of the Gary W. Poff Revocable Trust dated May 20,
2005 (collectively identified in the singular as "Grantee").
WITNESSETH:
WHEREAS, Grantee is the owner of a certain building which encroaches upon Grantor's
property adjoining Grantee's property; and
WHEREAS, Grantor has agreed to grant an easement to Grantee for the continuing
placement and location upon Grantor's property of said building and the existence of the
encroachment of Grantor's property upon the terms and conditions herein set forth.
NOW,THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are herewith acknowledged by
Grantor, Grantor does hereby grant, convey, release and remise unto Grantee an easement for the
purposes of the maintenance of Grantee's building and the encroachment thereon on Grantor's
property on the following described tract or parcel of land, situate in the City of Jefferson, County
of Cole, State of Missouri, to wit:
A 0.50 foot wide strip of land being a part of a 60 foot wide public street right-of-way,
known as Veterans Lane, in the Southwest Quarter of the Northwest Quarter of Section 24,
Township 44 North,Range 12 West,in the City of Jefferson,Cole County, Missouri,more
particularly described as follows:
From the most northerly corner of Lot 1 of Christy Commercial Plaza, being a subdivision
of record in Plat Book 11,page 241, Cole County Recorder's Office and said corner being
a point on the southwesterly line of said 60 foot wide public street right-of-way known as
Veterans Lane and also being the most easterly corner of the property described by deed of
record in Book 520, page 5, Cole County Recorder's Office; thence N42°37'59"W, along
the said Veterans Lane right-of-way line and along the boundary of said property described
in Book 520,page 5, 111.94 feet to a point 10 feet southeasterly from the southeasterly face
of an existing building and the POINT OF BEGINNING for this description; thence
continuing N42 037'59"W, along said Veterans Lane right-of-way line and along the
boundary of said property described in Book 520,page 5,220.06 feet to the most northerly
corner of said property described in Book 520,page 5 and said corner being a point on the
southerly boundary of the property described by deed of record in Book 357, page 597,
Cole County Recorder's Office (formerly being southerly right-of-way line of U. S.
Highway 54);thence N56'3 1'04"E,along the boundary of said property described in Book
357,page 597, 0.51 feet;thence S42°37'59"E,219.98 feet;thence S47°22'01"W, 0.50 feet
to the POINT OF BEGINNING.
Containing 110.0 square feet.
TO HAVE AND TO HOLD said easement by the Grantee, and its successors and assigns for so
long a period of time as said premises are used by Grantee for the building now encroaching,
provided that if the building is torn down or removed,all rights and privileges given to the Grantee
under this instrument shall cease and terminate and the above described premises shall thereupon
be relieved from the burden of the easement herein created, and the Grantor may thereupon
immediately take possession of the above described premises without notice and provided further,
it is hereby make an express condition of the granting of this easement that the Grantor shall not be
liable or responsible or required to pay for the construction, maintenance or repair of any building
on said premises.
IN WITNESS WHEREOF, Grantor has caused this encroachment easement to be duly
executed the day and year first above written.
City of Jefferson:
Eric em or
STATE OF MISSOURI, )
SS.
COUNTY OF COLE )
On this-/-9 day of 2012, before me personally appeared Eric J.
Struemph, Mayor of the City of Jefferson to me known to be the person(s) described in and who
executed the foregoing instrument, and acknowledged that he executed the same as his free act and
deed.
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. C/ —
N tary Public
My commission expires: JEREMIAH V.COVER
Notary Public-Notary Seal
State of Missouri
Corrmdsaloned for Boone County
My cg alidwon Fxplres:October 09,2016
Cormnisabn Number.12822080