HomeMy Public PortalAboutORD14031 Bill No. 2005-169
• Sponsored by Councilman Martin
Ordinance No. W3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT AND ANY OTHER
DOCUMENTS NECESSARY TO CARRY OUT THE AGREEMENT FOR
SUBORDINATION FOR PROPERTY AT 1021 STADIUM.
NOW THEREFORE,BE IT ENACTED BYTHE COUNCIL OFTHE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to enter
Into an agreement and any other documents necessary to carry out the Subordination
Agreement for property located at 1021 Stadium, Jefferson City, Missouri.
Section 2. The agreement shall be substantially the same in form and content as
that 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: C��if �� ��� Approved:
Presiding Officer Mayor
ATTEST: APPRO D AS TO FORM:
ity C ark Cit ounselor
•
W 031
No.200700519
j
Elk 544 Pg 527
1 state of Missouri
Cole County
• ED
Jan 17an 17, 2007
8:50120 AM
Larry D. Rademan,
Recorder of Deeds
rees f3o.0o
siz
Deputy
SUBORDINATION AGREEMENT
WHEREAS, the City of Jefferson City, Missouri, is the owner of certain easements, recorded at
Book 241, Page 31, and Book 197, Page 105, and Book 65, Page 312, in the office of the Cole
County Recorder of Deeds, on property, more particularly described in Appendix A, commonly
known as 1021 Stadium; and referred to hereinafter as the"Property"and,
WHEREAS,the purpose of these easements is to accommodate a sewer line; and,
WHEREAS, Mark Verslues, hereinafter referred to as the"Property Owner,"is the current owner
of the property at 1021 Stadium; and,
. WHEREAS, there has been a residence constructed over the easements on the Property; and,
WHEREAS,the parties are desirous of resolving this situation; and,
WHEREAS, the Property owner has executed, or caused to be executed, easements sufficient to
provide an alternative sewer route, said easements being attached as Appendix B;and
NOW THEREFORE, the City hereby agrees that in the event that in the event any
maintenance or repairs are required on the above said sewer lines which would require the City to
exercise its right to excavate under the existing structure on the Property,then City shall,at its sole
expense,reroute its services to bypass the existing line.
This Agreement shall run with the land and shall inure to the benefit of and be binging upon
the parties hereto, their successors, assigns, heirs and personal representatives, forever.
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• IN WITNESS WHEREOF,the parties hereto have executed this Easement and Agreement,
in duplicate,the day and year first above written.
CITY OF JEFFERSON, Grantor
13y:
V t�'r1' •Ti � �.
A�FTL:ST: I ii;�; �. ':. ' ; Mayor
V :Cif Clgtk ?
'STATE, 'MISSOURI': )
) SS,
COUNTY OF COLE )
On this 1�day of Aotz ,l , 2006, before me appeared John Landwehr, to me
personally known, who, being by me duly sworn, did say that he is the Mayor of the City of
Jefferson,Missouri,and that the seal affixed to the foregoing instrument is the seal of said City;and
said instrument was signed and sealed in behalf ofthe Cityof Jefferson,by authority of its governing
• body;and said John Landwehr,Mayor,acknowledged said instrument to be the free act and deed of
said City.
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.
A dyed,Notary Pu o
County,State of MieeN -Notary Public
My CommMlon Expires 8116[2008
My commission expires
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HOW L'rrFLr,omu`Mu4 VaYuarpd
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• Appendix A
PART OF LOT A AND PART OF LOT NO. 12 IN BLOCK NO. 4, AND A PART OF
VACATED FAIRACRES DRIVE,IN FAIRACRES ADDITION IN THE CITY OF JEFFERSON,
MISSOURI, PER PLAT OF RECORD IN PLAT BOOK 2, PAGE 28, COLE COUNTY
RECORDER'S OFFICE, ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE SOUTHEAST CORNER OF SAID LOT NO. A; THENCE WESTERLY
ALONG THE SOUTHERLY LINE OF SAID LOT, 160 FEET,TO THE BEGINNING POINT OF
THIS DESCRIPTION;THENCE CONTINUING WESTERLY ALONG THE SAID SOUTHERLY
LINE OF LOT A,90 FEET,TO THE SOUTHWESTERLY CORNER OF SAID LOT A;THENCE
NORTHERLY ALONG THE WESTERLY LINE OF LOT A AND ALONG THE NORTHERLY
EXTENSION OF SAID WESTERLY LINE, TO THE SOUTHERLY LINE OF STADIUM
BOULEVARD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF STADIUM
BOULEVARD,TO A POINT WHICH IS 160 FEET WESTERLY FROM THE EASTERLY LINE
OF SAID LOT NO. 12, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID
LOT NO. 12; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID
LOTS A AND NO. 12,TO THE BEGINNING POINT OF THIS DESCRIPTION.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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