HomeMy Public PortalAboutORD16136BILL NO. 2021-009
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. / U/
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI IMPLEMENTING A
TRAFFIC SCHEDULE FOR RESTRICTED ACCESS STREETS AND RELEASE
CERTAIN ACCESS DEED RESTRICTIONS FOR A PORTION OF W EDGEWOOD
DRIVE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 19 (MOTOR VEHICLES AND TRAFFIC) Article VIII
(SCHEDULES) of the Jefferson City Code is amended by amending a Section 19-401
read as follows:
Sec. 19-401. -Adoption.
The following schedules are hereby set out at the end of this chapter.
Schedule A - Speed Limits
Schedule B - Left Turns Prohibited; Right Turns Prohibited
Schedule C - No Passing Zones
Schedule D - One -Way Roadways
Schedule E - Weight Limits on Bridges
Schedule F - Through Roadways
Schedule G - Stop Intersections
Schedule H - Yield Signs
Schedule I - Angle Parking
Schedule J - Parking Prohibited
Schedule K - School Crosswalks
Schedule L - Parking of Trucks, Buses, etc.
Schedule M - Parking Prohibited at Certain Times
Schedule N - Parking Meter Zones and Monthly Parking Fees
Schedule O - Parking Time Limit Zones
Schedule P - Deleted by 04 12241 Restricted Access Roadways
Schedule Q - Deleted by Ord. 13381
Editor's note: Deleted language shown thus. Added language shown thus.
Schedule R - Reserved Parking Areas
Schedule S - Loading Zones
Schedule T - Taxicab Stands and Taxicab Loading Zones
Schedule U - School Bus Loading Zones, School Zones, Parking Lots, etc.
Schedule V - Disabled Parking Spaces
Schedule W - Snow Priority and Emergency Area Routes
Schedule X - Deleted by Ord. No. 15170
Schedule Y - Deleted by Ord. 13381
Schedule Z - Residential Permit Parking Zones
Section 2. Chapter 19 (MOTOR VEHICLES AND TRAFFIC) Article VIII
(SCHEDULES) of the Jefferson City Code is amended by adding a new Schedule P to
read as follows:
SCHEDULE P — Restricted Access Roadways
Access to certain roadways shall be restricted as follows:
(a) Vehicular access to West Edgewood Drive, between Station 30 + 70 and Station 46 +
65 shall be restricted to the following seven (7) locations:
1) on the south at Station 30 + 70 right,
2) on the north at Station 30 + 70 left,
3) on the south at Station 34 + 90 right,
4) on the south at Station 37 + 77.5 right,
5) on the north at Station 40 + 85 left,
6) on the south at Station 46 + 65 right,
7) and on the north at Station 46 + 65 left.
Note; The stationing as referenced above refers to the Baseline Stationing as per the
design detail drawings and documents for "EDGEWOOD DRIVE" as on file in the
office of the Director of Public Works for the City of Jefferson.
Section 3. The Termination and Release of Restrictive Covenant attached hereto
as Exhibit A is hereby approved and the Mayor and City Clerk are authorized to execute
the same on behalf of the City.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Editor's note: Deleted language shown thus. Added language shown thus.
Passed: 02
Presiding Officer
ATTEST:
City Clerk
Approved: ,--) I
OA J�,
Mayor Carrie Tergin
APPROVED AS TO FORM:
City At ey
Editor's note: Deleted language shown tis. Added language shown thus.
TERMINATION AND RELEASE OF RESTRICTIVE COVENANT
THIS TERMINATION AND RELEASE OF RESTRICTIVE COVENANT is made as of
the 184h day of kj , 2021, by the CITY OF JEFFERSON, a Missouri municipal corporation,
having an address of MO E. McCarty, Jefferson City, Missouri 65101 (the. "Owner") for the
express purpose of terminating and forever releasing and discharging the "Restrictive Covenant"
(as hereinafter defined).
RECITALS:
WHEREAS, Owner holds title in fee simple in and to the real property legally described
on Exhibit "A", attached hereto and made a part hereof (the "Property") and such property is used
by the City as public roadway; and
WHEREAS, by operation of the Restrictive Covenants contained in the General Warranty
Deed recorded at Bool 428, Page 207 of the land records of the Cole County Recorder of Deed,
properties adjacent to the Property are limited to accessing the Property for roadway purposes at
only the areas described in the General Warranty Deed (the "Restrictive Covenant"); and
WHEREAS, owners of property adjacent to the Property desire to access the Property for
roadway purposes at areas other than those described in the General Warranty Deed; and
WHEREAS, the Owner has agreed to consent and allow the termination, release and
discharge some of the Restrictive Covenants;
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Owner does hereby partially terminate and release
the Restrictive Covenant such that the restrictions and limitations on Roadway Access set forth
within the General Warranty Deed located at Book 428, Page 207, at section (I)(1), are hereby
terminated, released, and discharged in their entirety and shall be of no further force or effect.
IN WITNESS WHEREOF, the said Owner has hereunto set Owner's hand and seal the day and
year first written above.
�1
(J 1
Carrie Tergin, Mayor
EXHIBIT A
Legal Description
Part of the West Half of the Northwest Quarter of Section 16, and part of the East Half of the
Northeast Quarter of Section 17, Township 44 North, Range 12 West, in the City of Jefferson,
Cole County, Missouri, more particularly described as follows:
BEGINNING at the northwest corner of the East Half of the Northeast Quarter of said Section
17; thence N85°06' 16"E, along the Section Line, 314.49 feet to a point 40 feet left of Station
22+46.99; thence Easterly, on a curve to the right, having a radius of 1472.39 feet, an arc distance
of 764.88 feet, (the chord of said curve being S57°55'11"E, 756.30 feet) to a point 40 feet left of
P.T. station 29+91.09; thence S43°02116"E, 47.68 feet to a point 40 feet left of P.C. Station
30+38.77; thence Easterly, on a curve to the left, having a radius of 1001.74 feet, an arc distance
of 1149.54 feet, (the chord of said curve being S75°54'45"E, 1087.50 feet) to a point 40 feet left
of P.T. Station 42+34.21; thence N71°12'46"E, 724.67 feet to a point 40 feet left of P.C. Station
49+58.89; thence Easterly, on a curve to the right, having a radius of 1472.39 feet, an arc distance
of 95.16 feet, (the chord of said curve being N73°03'51"E, 95.14 feet) to a point on the east line
of the West Half of the Northwest Quarter of said Section 16, said point also being 40 feet left of
Station 50+51.46; thence S06°00'22"E, along the Quarter Quarter Section Line, 283.95 feet to a
point 239.55 feet right of Station 49+97.65; thence S88°24'33"W, 33.78 feet to a point 230 feet
right of P.C. Station 49+58.89; thence S65'49'1 l"W, 159.60 feet to a point 245 feet right of Station
48+00; thence S57°10'36"W, 206.16 feet to a point 295 feet right of Station 46+00; thence
N87058'49"W, 267.44 feet to a point 200 feet right of Station 43+50; thence N18°47' 14"W,
140.00 feet to a point 60 feet right of Station 43+50; thence S71°16'46"W, 115.79 feet to a point
60 feet right of P.T. Station 42+34.21; thence Westerly, on a curve to the right, having a radius of
1101.74 feet, an arc distance of 1040.90 feet, (the chord of said curve being N81 °43' 17"W,
1002.62 feet) to a point 60 feet right of Station 32+50; thence S35°20'41"W, 40.00 feet to a point
100 feet right of station 32+50; thence Westerly, on a curve to the right, having a radius of 1141.74
feet, an arc distance of 231.51 feet, (the chord of said curve being N48°50'48"W, 231.11 feet) to
a point 100 feet right of P.C. Station 30+38.77; thence N43°02' 16"W, 47.68 feet to a point 100
feet right of P.T. Station 29+91.09; thence Westerly, on a curve to the left, having a radius of
1332.39 feet, an arc distance of 964.32 feet, (the chord of said curve being N63°46' 18"W, 943.41
feet) to a point on the west line of the East Half of the Northeast Quarter of Section 17, said point
also being 100 feet right of Station 19+54.23; thence N5056'38"W, along the Quarter Quarter
Section Line, 53.74 feet to the POINT OF BEGINNING.
Continuing 10.83 acres.
STATE OF MISSOURI
) ss
COUNTY OF COLE
On this 113 day of May, 2021 before me appeared Carrie Tergin, the Mayor of the City
of Jefferson, to me personally known, who, being by me duly sworn did that they acknowledged
said instrument to be their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at
my office in Cole County, Missouri the day and year first above written.
Notary
EMILY DONALDSON
Notary Public - Notary Seel
State of Missouri
Commissioned for Cole
W Commission Expires: Aprii f4, 4
Commission Number. 20894040
City of Jefferson
320 E. McCarty Street
Jefferson City, MO 65101
(573) 634-6311
Sb3te of Missouri
ColeCounty
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F9ges Ramrded; 4
Date Recorded: 5/25/202110:40:39 AM
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STATE OF MISSOURI
COUNTY OF COLE
SS
CERTIFICATE
Carrie Tergin
Mayor
Emily Donaldson
City Clerk
edonaldson@ieffcitymo.org
I, Emily Donaldson, City Clerk of 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. Termination and Releases of Restrictive Covenant, executed by the City
of Jefferson, Missouri, on May 18, 2021, pages 1 thru 3, inclusive.
IN WITNESS WHEREOF I have set my hand and affixed the seal of the
City of Jefferson, Missouri, on May 25, 2021.
y t.
(S,E L r tiwf efferson)
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TERMINATION AND RELEASE OF RESTRICTIVE COVENANT
THIS TERMINATION AND RELEASE OF RESTRICTIVE COVENANT is made as of
the 184h day of� 2021, by the CITY OF JEFFERSON, a Missouri municipal corporation,
having an address of RO E. McCarty, Jefferson City, Missouri 65101 (the,"Owner") for the
express purpose of terminating and forever releasing and discharging the "Restrictive Covenant"
(as hereinafter defined).
RECITALS:
WHEREAS, Owner holds title in fee simple in and to the real property legally described
on Exhibit "A", attached hereto and made a part hereof (the "Property") and such property is used
by the City as public roadway; and
WHEREAS, by operation of the Restrictive Covenants contained in the General Warranty
Deed recorded at Bool 428, Page 207 of the land records of the Cole County Recorder of Deed,
properties adjacent to the Property are limited to accessing the Property for roadway purposes at
only the areas described in the General Warranty Deed (the "Restrictive Covenant"); and
WHEREAS, owners of property adjacent to the Property desire to access the Property for
roadway purposes at areas other than those described in the General Warranty Deed; and
WHEREAS, the Owner has agreed to consent and allow the termination, release and
discharge some of the Restrictive Covenants;
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Owner does hereby partially terminate and release
the Restrictive Covenant such that the restrictions and limitations on Roadway Access set forth
within the General Warranty Deed located at Book 428, Page 207, at section (1)(1), are hereby
terminated, released, and discharged in their entirety and shall be of no further force or effect.
IN WITNESS WHEREOF, the said Owner has hereunto set Owner's hand and seal the day and
year first written above.
Carrie Tergin, Mayor
STATE OF MISSOURI
) ss
COUNTY OF COLE
On this 18 day of May, 2021 before me appeared Carrie Tergin, the Mayor of the City
of Jefferson, to me personally known, who, being by me duly sworn did that they acknowledged
said instrument to be their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at
my office in Cole County, Missouri the day and year first above written.
Notary
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EXHIBIT A
Legal Description
Part of the West Half of the Northwest Quarter of Section 16, and part of the East Half of the
Northeast Quarter of Section 17, Township 44 North, Range 12 West, in the City of Jefferson,
Cole County, Missouri, more particularly described as follows:
BEGINNING at the northwest corner of the East Half of the Northeast Quarter of said Section
17; thence N85°06' 16"E, along the Section Line, 314.49 feet to a point 40 feet left of Station
22+46.99; thence Easterly, on a curve to the right, having a radius of 1472.39 feet, an arc distance
of 764.88 feet, (the chord of said curve being S57055' 11 "E, 756.30 feet) to a point 40 feet left of
P.T. station 29+91.09; thence S43'02'1 6"E, 47.68 feet to a point 40 feet left of P.C. Station
30+38.77; thence Easterly, on a curve to the left, having a radius of 1001.74 feet, an arc distance
of 1149.54 feet, (the chord of said curve being S75°54'45"E, 1087.50 feet) to a point 40 feet left
of P.T. Station 42+34.21; thence N71 ° 12'46"E, 724.67 feet to a point 40 feet left of P.C. Station
49+58.89; thence Easterly, on a curve to the right, having a radius of 1472.39 feet, an arc distance
of 95.16 feet, (the chord of said curve being N73°03'51"E, 95.14 feet) to a point on the east line
of the West Half of the Northwest Quarter of said Section 16, said point also being 40 feet left of
Station 50+51.46; thence S06°00'22"E, along the Quarter Quarter Section Line, 283.95 feet to a
point 239.55 feet right of Station 49+97.65; thence S88°24'33"W, 33.78 feet to a point 230 feet
right of P.C. Station 49+58.89; thence S65'49'1 I "W, 159.60 feet to a point 245 feet right of Station
48+00; thence S57°10'36"W, 206.16 feet to a point 295 feet right of Station 46+00; thence
N87058'49"W, 267.44 feet to a point 200 feet right of Station 43+50; thence N18°47' 14"W,
140.00 feet to a point 60 feet right of Station 43+50; thence S71 ° 16'46"W, 115.79 feet to a point
60 feet right of P.T. Station 42+34.21; thence Westerly, on a curve to the right, having a radius of
1101.74 feet, an arc distance of 1040.90 feet, (the chord of said curve being N81 °43' 17"W,
1002.62 feet) to a point 60 feet right of Station 32+50; thence S35°20'41"W, 40.00 feet to a point
100 feet right of station 32+50; thence Westerly, on a curve to the right, having a radius of 1141.74
feet, an arc distance of 231.51 feet, (the chord of said curve being N48050'48"W, 231.11 feet) to
a point 100 feet right of P.C. Station 30+38.77; thence N43°02' 16"W, 47.68 feet to a point 100
feet right of P.T. Station 29+91.09; thence Westerly, on a curve to the left, having a radius of
1332.39 feet, an arc distance of 964.32 feet, (the chord of said curve being N63046'1 8"W, 943.41
feet) to a point on the west line of the East Half of the Northeast Quarter of Section 17, said point
also being 100 feet right of Station 19+54.23; thence N5°56'38"W, along the Quarter Quarter
Section Line, 53.74 feet to the POINT OF BEGINNING.
Continuing 10.83 acres.