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HomeMy Public PortalAboutORD14776 BILL NO. 2010-117 SPONSORED BY COUNCILMAN Penfold ORDINANCE NO. 114-1 7z� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT AND THE EXPENDITURE OF FUNDS FOR PURCHASE OF RIGHT-OF- WAY RELATED TO THE CONSTRUCTION OF THE NEW ST. MARY'S HOSPITAL, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI. 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 a contract with Heimericks Farm, L.P. for purchase of the necessary right-of-way for construction of a roadway extension to the new St. Mary's Hospital. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: � L /!1_ I Approved`.-- r - 1 2G�t I � Pre ' i Officer 677 Mayor ATTEST: APPR9V D FORM: City Clerk City Counselor No. 2011 00526 Bk 600 Pg 854 State of Missouri Cale County RECORDED Tan 13, 2011 1:0040 PH Larry D. Rademan, Recorder of Deeds Fees $36,00 cn TMFiv. Deputy Special Warranty Deed [Above Space Reserved for Recorder of Deeds] Document Title: Special Warranty Deed Date of Document: December ?,acs , 2010 Grantor Name: Commons of Hazel Hills Transportation Development District Grantee Naive: City of Jefferson City, Missouri Statutory Address: 320 East McCarty, Jefferson City, Missouri 65101 Legal Description: See Page 4 Reference Book and Page: NIA SPECIAL WARRANTY DEED STATE OF MISSOURI COUNTY OF COLE THIS SPECIAL WARRANTY DEED, is made as of the 300 day of December, 2010, by Commons of Hazel Hills Transportation Development District, a political subdivision under the laws of the State of Missouri (hereafter "Grantor") with a mailing address of 4510 Belleview, Suite 300, Kansas City, Missouri 64111 in favor of the City of Jefferson City, Missouri, with a mailing address of 320 East McCarty, Jefferson City, Missouri 65101 (hereinafter called Grantee) (the words "Grantor" and "Grantee" to include their respective successors and assigns where the context requires or pennits). WITNESSETH: For and in consideration of the sum of Ten Dollars ($10.00) in hand paid at and before the sealing and delivery of these presents, and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowl edged, Grantor has sold and conveyed, and by these presents does sell and convey unto the said Grantee in fee simple: (a) All that tract and parcel of land situated in Cole County, Missouri, and being described on Exhibit A attached hereto and incorporated Herein by this reference; (31293/62940;272851) (b) Any buildings, structures, and other improvements now located on the land; and (c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, minerals, flowers, shrugs, crops, trees, timber, and other implements now located on the land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating, or appertaining to the premises or any part thereof, or which hereafter shall in any way belong, relate, or be appurtenant thereto, now owned by Grantor. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, IF ANY, NOW OF RECORD. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging to or in anywise appertaining unto said Grantee, and unto the successors and assigns of Grantee forever; said Grantor hereby covenanting that the said premises are free and clear from any encumbrance done or suffered by it; and that it will warrant and defend the title to said premises unto said Grantee and unto the successors and assigns of Grantee forever, against the lawful claims and demands of all persons claiming under Grantor but none other. IN WITNESS WHEREOF, Grantor has executed the foregoing as of the day and year first above written. COMMONS OF HAZEL HILLS TRANSPORTATION DEVELOPMENT DISTRICT, a political subdivision under the laws of the State of Missouri v By Name: 'i' Title: 7 {3 1293 1 62940;272853.1 STATE OF MISSOURI ) ss. COUNTY OF COLE ) 00-- day of Decem r 2010 before me, the undersigned Notary Public On this � y , i; Y , g in and for said state,personally appeared 1 si' , the aUf.Lmu D� ( of the Commons of Hazel Hills Transportation Development D strict, a political subdivision under the laws of the State of Missouri, known to me to be the person who executed the within Warranty Deed on behalf of said transportation development district and acknowledged to me that he executed the same for the purposes therein stated. Subscribed and sworn to me the day and year above written. Notary Public: . �"v y Notary Seal: BEVERLY S.LAMB Notary PuhIIC-Slate of Mlssauri My Commission Expires January 20,2014 Cale County Commission H09439577 {3 1 2 93 1 62 940;272853.1 EXHIBIT "A" A tract of laud located in tl>.e Ilordl:dust Quarter of thu Southeast Quartcr-,mcl South-west Quarter of-the Soutl:east Quarter of Section 15, TmAmship 44t Nord,,Range 12 West,in the County of Cole:, State,of Missouri,.more paa-tirularly deseribe-d as follows— All the laird of said g=tor lying witlik the folim ing desct-ibed tract: Commencing at a. type A as?om.nnent at the quarter comer common to sections 15 avid 161, Township 44 NorLb, Rana 12 West of-the I<ifdi I'3'.inctaft.l IvIeridi:a-n, Cole Cou:TA),,iV ssouri; set by Ronald E. lGietherntes,L.S. 2103, as 3bown on Document Number 600-5=!2,39 as recorded at the Missomi Dcpartaneut a;1 Nlaharat Rcsoa.arccs' Laaad Survey Program: thence N 83 deo. IS min. 56 tics. E, 4202.55 legit to Route 179 Cet?terUne Station 53+17.04, having abtack tangent bearing of S 6 dog. 11 3nin. 05 sec. thence ;Tong app. 1,4111 tl;e Route 179 Ceillerlbie the 1;ollowing cam'ses: thence S 06 deu. 17 train.. 05 sec. E, 131.26 Feet to .l?autr 179 Center lne, P.C. Station 98.30; thence on a curve to t17e rip ,bt having sa radius of 492125 feet, having a ceaLral angle of 07 deg. 30 min. 00 sec., a distance. of 6=14.19 feet to Rot€tr, 179 Centzrlinc: P.1''- Statiar€ 91+42-4% the Point of Beginning: Lhenco along and M11-1r Lhe Centerline of Route 179 South 01 deg— 12 min. 55 sit;. Nest a dis ,,, ce of t439.20 feet to Route 179 Centerline Station .1051�f}.(i9; thence dupar6ng said Routc 179 ('cnterl.inu W"t�-'rly to a poixtt 229.66 ft. right of and at right angle; to Route 179 Cc:ralerline Staatioaa 105+50.69; theaace nortbwesLudy to a paint 300.0(}ft-right of and at tight rangIe to Route 179 Centerline Stfaf:ion 10'2-►-&5.50; tlience nartl?erly to a paint 303-49 ft. right of wad.at r-.iglat angle to route 179 Centerline Station 101+13-27; thence northerly to a voint 31.0.00 ft. right of and cat right angle, tea Route. 179 Cerktc:Ei.ine St.160R 906400-- -thence mi-L eaasterly to a. prai.1LL 290.00 11, right of aiid at sight ,angle to Route 179 Centerline Station 97-1-00; the;nce northcasterly Lea a poiart 190.00 13. riubt of and ..at aim:t tangle Lo Route 179 conterli.t3c station 95-1-0(]; thenrn 11ri therly to s pui> t 170,00 ri- Ingl-t (IF and at tight angle it) Route 179 Centerline Station 93+00, the.ttce north tStcrly to a point 196.55 1't:, right of amid, at right angle to Route 179 Centerline PT S1116011 91+42.49; thence at rifat angle to Route 179 Cimterli.nu caster:ly 196.95 1:1. 'LO.-Route 179 Ce_-tterlinc'PT Station 91.1-=12.19, the Paint of Beginning, Al I of graDtor"s land in a-io above described tract is 2-99 acres. All abutters' rights of direct access bctv"CuLn the hidli-may now Imown as Routry 179 at---d rafAtors' abutting !and ill the ira)F1hwcsL Qaafirte:r of div, Southeast Quarter and Southwest Quarte_ of the Southeast Quarter o1 Section 15, -rowushil) -'Id North, .l ongc 12 Vest, in Llie County of Cole:, State of M.isscatari. The centerliue of nute 179 is described its EcRoivs: Corwimuciug at a Lypu f1 munuanent at the quarter c:orncr cc}amnon to sections 15 and 16. Townshili 'lit Nardi, Range 12 'best of the Fi:f111 Princlpral Ivferidiau, Cole Comity, .Missouri, set by Donald E. 1�1ie11�a raaacs, L.S. 2169, as shocvaa on Douument Number 600-54439 as recorded HL t-1.ao 1"Aissotu-i Department of Natural Resources' Land Sul very:Fran nnz; tiacrtcc N 83 deg. 15 mixi. 56 sec. E. 4202.55 feet to 1:.nutu 179 Centerline {3 1293/62940;272853.1 Sta!ior 83 !17.04, having 1�4e1� t. "C hearing of S 6 dvg. 17 min, 05 sec. E� and being the PC]li�l'C Of BEG NI NI NG of this description; thence alaug and tivi.th.the Route 179 Ceaterii.nc the IbIlowing causes: thcucc S 06 den. 17 mbi* 05 sec- I~, 1$1..26 feel tea Route 179 Ceuterlim P.C. Station 811+98.30: thence on a curve to ilia ripjA Navin;a radius of 4921.25 feet, 13aving a centre] angle of 07 dog_ 30 Inin. 00 sec., �L dishier: of 61.14-19 feet to .R.outcw 179 Ceuterlive P.T. Station 91-x+42.43;thcncc S 01 clel;. 12 min. 55 sE-0.ail,2143.17 fr°.et to Routo 179 Ctw itcrli:ne P.C. Siatimi 1]2-1-15.66; thence on a c>:trve to the left with a radius of 2870.73 feet, haAiug a central angle of 15 dep. 54 miry_ 56 sec;., a distmce of 797.113 reef: to Route 179 Centerunr, P.T. Station '120183.09; thence S 14 deg. 112 min. 01 sec. E, 91.91 feet to .RauLe 179 Centerline Station I21+75.00; thezlce depxartirip, the Route 179 Centerline, N 51 deg- 59 inin— 42 sec- W, 51111&.188 feet to a typo A rniertuninit at the quarter ca mmom to scclions 15 and lip, To mship "4 North, Pane 12 West of the 1''iftli Prineil3al McEdiarL Cole C DUITLy, Missouri, set by Ronald E. 1.`_liethermes, L.S. 2109, as shown on Document N4,mbcr 600-54839 as recorded at th(e Ntissouri 17c;parLmunt of'Nalural Resources' Land Survey Prngtmm. 131293/62940;272853.)