HomeMy Public PortalAboutORD142181
BILL NO. 2007-30
SPONSORED BY COUNCILMAN Councilman Klindt
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN
AGREEMENT WITH WOLKEN, ET AL FOR THE NEW PUMP STATION SITE.
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 an
agreement with Wolken, et al for acquisition of a sanitary sewer pump station site.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its pass and pproval.
Passed: Approved: 6/,p 7
siding Officer Mayor
ATT T: APPROVED AS TO FORM:
AftlyCleF/
City OJ&selor
•
1 7- 1
F
DEVELOPMENT AGREEMENT FOR
• EAST MOREAU - ALGOA PUMP STATION
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WHEREAS, the City of Jefferson has endeavored to construct a sanitary sewer pump station; and,
WHEREAS, the Property Owner has suitable land for placement of a sanitary sewer pump station; and
WHEREAS, The City desires to construct a sanitary sewer pump station on the Property Owners land.
NOW THEREFORE,in consideration of the mutual covenants exchanged herein,the parties hereby agree
as follows:
1. City Agrees To:
A. Provide independent appraisal for land dedicated to the pump station and access road. This
appraisal will be used by the Property Owner for tax donation purposes.
B. Maintain a gravel access road from Algoa Road to the pump station site sufficient to
accommodate three-quarter ton truck use for the life of the pump station. Should the station
be abandoned in the future in accordance with part F, the City's obligations for road
maintenance shall cease. The City is not obligated to upgrade the road from a gravel
surface at any time.
C. Provide ingress/egress easement to the Property Owner for use of the access road. The
• ingress/egress rites will not transfer to successors.
D. Reimburse legal fees to the Property Owner for purposes of review of agreement and
easements. Reimbursement will not exceed$200.
E. Pay costs associated with easement description and recording.
F. Should the station be abandoned in the future,the site will be restored by removing above
ground structures to two feet below existing grade, filling below ground structures and
restoring the ground surface.
G. Compose an easement that will allow the house at 3156 Algoa Road access to the existing
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lagoon on the parent tract located east of the home. This will not relieve the requirement
to connect to sewer system per the City Code.
2. Property Owner Agrees To:
A. Execute sanitary sewer easements for installation,access,and maintenance of sewer mains
in a form prepared by the City.
B. Convey to City,by warranty deed, sufficient property for said pump station.
3. Continuation of Obligations:
A. The provisions of this agreement shall be binding on the parties agents, assigns, and
successors in interest,provided however that nothing in this paragraph shall be construed
as requiring a successor in interest to less than the full property to perform any work or
fulfill any obligation except those which apply to the parcel that such successor owns. The
promises and covenants herein shall run with the Property and shall be construed as real
covenants running with the land.
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4, ' Waiver of Liability.
• Parties mutually agree to release each other from any and all claim which either might have against
each other,other than to enforce this agreement,arising out of the construction of the East Moreau-Algoa
Pump Station, the communications between the parties in that regard, or the performance of either party
in constructing said sewer lines.
5. Modification of Agreement.
This Agreement shall not be modified or amended except by a written instrument
approved and signed by the parties hereto.
6. Severability.
Any illegal or unenforceable provision of this Agreement will be severed here from and will not
render invalid the remaining provisions of this Agreement.
7. Law to Govern.
This agreement shall be construed according to laws of the State of Missouri. The
Parties shall comply with all local, state, and federal laws and regulations relating to the performance of
the agreement.
8. Notices.
Any communications between the City and the Property Owner, payments and notices provided
herein to the given or made,may be given or made by mailing the same to the City at 320 East McCarty,
Jefferson City, Missouri, 65101 and to the Property Owner at 2924 Wakoda Woods, Jefferson City,
• Missouri, 65101 or to such other addresses as either party may in writing hereafter indicate.
IN WITNESS WHEREOF,the parties have hereto set their hands and seals the last date written above.
CITY OF JEFFERSON
John L wehr Trustee
May
T: ATTEST:
City Cle Trustee
APPRO D AS TO FORM:
City Counselor
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