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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. • • 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 • HOW L'rrFLr,omu`Mu4 VaYuarpd f., t F • 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. • •