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Home My Public Portal AboutORD14371 BILL NO. 2008-24 SPONSORED BY COUNCILMAN Penfold ORDINANCE NO. 114-3:7 1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, MISSOURI, REGARDING VACATION OF A PORTION OF WALL WAY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute the Agreement with Cole County, Missouri, regarding the vacation of a portion of Wall Way. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A, which is incorporated herein by reference. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. • Passed: Approved:__ c � Pr siding Officer Mayor A ST: APP ED AS TO FORM: ACity Counselor • IL4 371 .L 4 AGREEMENT • THIS AGREEMENT is entered into by the City of Jefferson, Missouri, a Missouri municipal corporation, (hereinafter referred to as the "City"), and the County of Cole, Missouri (hereinafter referred to as the, "County"). WHEREAS, the County is currently developing and planning the construction of the new Cole County Jail between High Street and McCarty Street; and WHEREAS, in order to construct the jail as designed, the County has requested to vacate an alley and utility easement commonly referred to as "Wall Way". WITNESSETH: The County and City hereby agree to the following: 1. The City shall vacate the alley and any underlying public utility easements therein as identified on Exhibit A, hereinafter identified as "Wall Way". 2. County has agreed to construct a"hammerhead"turn around on the Jail Property, at County expense, according to the design of which has been reviewed and approved by the City and which by this reference is incorporated herein as Exhibit B. • 3. The County agrees that it shall relocate the City sanitary sewer from beneath any new construction to a new location agreed upon by the Parties,the cost of which shall be at the sole expense of the County. Said sewer shall be constructed in accordance with the City standards found in the Code of the City of Jefferson. The County agrees that it will dedicate an easement, in a form substantially similar to the attached Exhibit C, for the sewer to the City. 4. The County hereby represents to the City that it has received approval from all utilities using the right of way in the vacated area to relocate the Companies' respective service lines and property from Wall Way, the cost of which shall be at the sole expense of the County. 5. The County shall modify or replace the City street lighting wiring conduits from beneath Wall Way so as to insure continuity as presently provided. 6. This Agreement embodies the entire agreement and understanding of the Parties hereto with respect to the subject matter contained herein. The Parties hereby declare and represent that no promise, inducement, or agreement not herein expressed has been made, and that the Parties hereto acknowledge that the terms and conditions of this Agreement are contractual and not a mere recital. 7. This Agreement may be altered, amended, or modified only in writing signed by all the parties hereto. 8. All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to the City, notice shall be sent to the Mayor and City Counselor. If to the County, notice shall be sent to the Cole County Commission. The date of delivery of any notice shall by the date falling on the second full day after the day of its mailing. 9. This Agreement is the joint work product of the parties hereto and, in the event of any ambiguity herein, no inference shall be drawn against any party by reason of document preparation. 10. Each Party agrees that it will promptly execute any and all documents as are necessary or desirable to consummate the transactions contemplated hereby. 11. Should any part of this Agreement be declared illegal by a court of law or is found to conflict with any law,the validity of the remaining portions or provisions shall not be affected thereby. 12. This Agreement shall inure to and be binding on the successors and assigns of the parties hereto provided that no assignment shall be made by either party without the express consent and approval of the other party. 13. The signatories to this agreement state that they are authorized to execute this agreement on behalf of their respective parties. Parties further agree that this agreement • shall be binding on their heirs, successors, and assigns, and that the provisions herein shall be considered covenants running with the land. CITY OF JEFFERSON COLE COUNTY or Presid' g mmissioner ATTEST: ST: ity Cl County Clerk Western District Co issione • • Approve as to Form: Eastern District Commissioner City se or APPROVED AS TO FORM: v Wty Counselor CERTIFICATION OF AUDITOR I,James LePage,the duly elected Cole County Auditor,pursuant to §50.660 of the Revised Statutes of Missouri,hereby certify that the bonds issued for the Cole County Jail Project,have been authorized by the voters of Cole County; and that there is a sufficient unencumbered amount of the bonds yet to be sold in case there is not a sufficient unencumbered cash balance in the treasury. • J es Le age • EXHIBIT A All that part of a 20 foot wide public alley known as "East Wall Way" lying southerly of and adjacent to the southerly line of Inlots 486 and 487 and lying north of and adjacent to the northerly line of Inlots 530 and 531, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: BEGINNING at the northeasterly corner of the aforesaid Inlot 531; thence N47 38'35"W, along the northerly line said Inlot 531 and along the northerly line of the aforesaid Inlot 530, 208.75 feet to the northwesterly corner of said Inlot 530; thence N42 07'52"E, on a direct line, 20.00 feet to the southwesterly corner of the aforesaid Inlot 486; thence S47 38'35"E, along the southerly line said Inlot 486 and along the southerly line of the aforesaid Inlot 487, 208.74 feet to the POINT OF BEGINNING Containing 4,174.99 sq.ft. • d '8N08 vmi33MS c� f l l:dHdSN Jill 11 i t Y ST�• � ..l L` II i ! r • • 11 `� I .oQ oho) O 14 i (18VII08 i 8N1' + �_S 1 — 1SIX3 IF � y W o OK �+ S?J3W8 SNVR2V4 X06-CL `rCO l o AL 1 fnot f o o