HomeMy Public PortalAboutORD13964 BILL NO. 2005-97 AS AMENDED
SPONSORED BY COUNCILMEN Ferguson and Harvey
ORDINANCE NO. 13q� q
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY
AND WALMART, INC., TO CONSTRUCT AN INTERCHANGE ON CITY VIEW AT
HIGHWAY 50 EAST.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Sec ion 1. The Mayor and the City Clerk are hereby authorized execute an
agreement with Cole County and Walmart, Inc., to construct an interchange on city view
at highway 50 east.
Sectlo 2. The terms of the agreement shall be substantially similar to 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 passage and approval.
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Passed: �, f��� Approved: tiW zc-r-1>5
resid ng Officer Mayor
AT EST: APPROVED S TO Few:
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City ct6rk City t unse or
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ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT
AGREEMENT TO PROVIDE FOR ROAD INFRASTRUCTURE
THIS ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT
AGREEMENT TO PROVIDE FOR ROAD INFRASTRUCTURE is catered into this
day of , 2006, by and between titre CITY OF .JEFFERSON CITY,
MISSOURI, a municipal corporation (the"City"), 320 E. McCarty St., Jefferson City, Missouri
65101; file COUNTY OF COLE COUNTY, MISSOURI first class comity, (tile "County"),
311 E. High Street, Jefferson City, Missouri 65101, and WAL-MART STORES EAST, L.P.
(titre "Developer"), 2001 S.E. 10"' Street, Dcntonville, Arkansas, 72716 (collectively, the
"Parties").
WHEREAS, the Developer is in the process of purchasing approximately 31.71
acres of real property generally located southeast of the existing City limits, And
immediately south of U.S. 50163, as legally described in Exhibit A (the"Property"); and
WHEREAS, the Developer desires to obtain public water and sanitary sewer
services to serve its retail facility; And
WHEREAS, the Developer desires for the City to extend its corporate boundaries
and annex the Property; and
WHEREAS, the City is authorized to annex the Property pursuant to Chapter 71
of the Revised Statutes of Missouri (2000); and
. WHEREAS, the Developer intends to form a Transportation Development District
("TDD") in substantially the form of Exhibit B (the "TDD Petition") to contribute
toward the financing of extensive road infrastructure improvements necessary for the
development of the Property as described in Exhibit C hereto (the "Transportation
Projects"); and
WHEREAS, the Developer intends to apply to the Missouri Department of
Transportation ("MODOT") Innovative Financing Program to assist in financing the
Transportation Projects; and
WHEREAS, the City And (lie County are supportive of the Project, the Innovative
Financing Application and TDD financing; and
WHEREAS, prior to the annexation of the Property and formation of a TDD, tite
Parties desire to define their duties And responsibilities to insure that in the event the
City annexes the Property and all parties support the formation of a TDD, flint the
parties' respective actions are coordinated in order to meet the shared objectives and
minimize uncertainties and delays in the development process; and
WHEREAS, the Property is contiguous to the existing corporate limits of the City
at the date of execution of this Agreement; and
WHEREAS, the City and County are authorized to enter into this agreement
pursuant to Section 70.220 of the Revised Statutes of Missouri (2000).
117336 162452;77357.51
NOW, THEIZEFORE, in consideration of the mutual covenants hereinafter set
forth,the parties hereto agree as follows:
1. The Proprerty and Annexation. The Developer shall cause a Petition for
Voluntary Annexation (the "Petition") of the Property to be presented to the governing
body within 30 days of execution of this Agreement.
2. Construction of Transnartation Proiecls. The Parties agree that:
a. The necessary City, County and US Route 50163 road improvements (the
"Transportation Projects") to be constructed as part of the development of the
Property are as described in Exhibit C attached hereto.
b. New and additional rights of way and related casements will need to be acquired
for the Transportation Projects.
e. The Transportation Projects for the construction of the intersection of US Route
50/63 shall be designed and constructed in accordance with MODOT standards.
d. All other Transportation Projects for the local transportation authorities shall be
designed and constructed in accordance with City standards.
e. Following inspection by the City, County, and MODOT and completion of the
construction, Developer shall dedicate said Transportation Projects to the
appropriate governmental entity for use, operation and maintenance.
3. TDD. The Developer shall cause a TDD Petition to be filed encompassing the
land area of the Property. The parties agree to support the formation of a TDD with file
list of Transportation Projects as described in Exhibit C and shall, pursuant to Section
238.225 of the Revised Statutes of Missouri (2000), enter into respective cooperative
agreements regarding the development and future maintenance of the Transportation
Projects.
4. Innovative Financing. The Developer shall cause to be filed with MODOT an
Innovative Financing Program Application. In the event (lie Developer's Innovative
Financing Application is approved by MODOT, the parties agree to use their reasonable
best efforts to negotiate and enter into a Cost Share Agreement with MODOT. The
parties have agreed to the apportionment of estimated Transportation Projects costs as
set forth in Exhibit D attached hereto.
In the event that the County '/z cent capital improvement sales tax is not renewed in the
August, 2006 election, the parties agree to develop a payment schedule for the County's
contribution to the Transportation Projects costs in a total amount not to exceed
$300,000 as set forth in Exhibit D. 'file specific terms regarding such payment schedule
shall be developed in the negotiations with MODOT for the Cost Share Agreement
which precedes construction.
5. Right of Way and Related Emements Acquisition. The City and the
Developer agree to work together to secure any property interests in rights-of--way and
2 117336/62452;77357.51
• r
related easements ("Property Interests") necessary for the construction of the
Transportation Projects. In the event the City and Developer are unsuccessful in their
good faith efforts to acquire the necessary Property Interests within a reasonable time or
at a reasonable cost, then the City shall use the power of eminent domain to acquire the
necessary Property Interests; provided, the Developer shall advance to the City all funds
necessary for the costs of initiating and continuing the eminent domain action and shall
pay any condemnation award, including all fees and costs incurred by the City related to
such award. If the amount of the condemnation award is unacceptable to the Developer,
the Developer shall pay or reimburse the City for all costs incurred in connection with
the attempted acquisition of such property interests,
6. Zonina and Special Exception Use, Concurrent with the filing of any
Voluntary Petition for Annexation, the Developer will also file a zoning plan for C-2
General Commercial zoning classification and a related Special Exception Use Permit
for an indoor facility with more than 100,000 square feet, all in accordance with the City
of Jefferson City Zoning Ordinance.
7. Public Water an(I Sanitary_Sewer Improvements. The City and Developer
agree that the public water and sanitary sewer system improvements necessary to be
constructed as part of the development of the Property are described in Exhibits E and F,
respectively, attached hereto.
8, Termination. This Agreement may be terminated in writing by any party, at its
option, for any one of the following reasons:
. a, If the Property has not been annexed by the City or the Developer has not
received the related governmental approvals within 75 days of the Developer's
presentation of the Petition And filings referred to in paragraphs 1 and 6 hereof;
b. If formation of the TDD and execution of all Cooperative Agreements with the
Missouri Highway and Transportation Commission ("MHTC") and applicable
local transportation authorities required to fully implement the TDD is not
successful;
c, If the Innovative financing Application is not approved by MODOT; or
d. If the rights-of-way and related casements necessary for the construction of the
Transportation Projects are not timely acquired.
Notice of termination shall be effective upon receipt.
4. Deannexation. If the following conditions are not satisfactorily completed, the
Developer will file an application for deannexation from the City and the City will
approve said application for deanncxation:
a. Formation of the TDD and execution of all Cooperative Agreements with the
Missouri Highway and Transportation Commission ("MI-ITC") and applicable
local transportation authorities required to fully implement the TDD; and
3 117336/62452;77357.51
b. Approval of the Innovative Financing Application by MODOT;
c. Acquisition of the rights-of-way and related casements necessary for the
construction of the'Transportation Projects; and
d. Purchase of the Property by the Developer.
10. Prior Annroval. The parties agree that execution of this Agreement in no way
constitutes prior approval of rezoning, `1'DD formation, annexation, deannexation or
development of the Property and does not in any way constitute a waiver of Any
requirements of applicable City ordinance requirements with which the Developer must
comply in tine event the Property is annexed by the City.
11. Complete Aureement. This Agreement shall constitute the complete
agreement between the parties and any modification shall be in writing and signed by
both parties.
12. Captions. Captions and headings of each part, section or subsection in this
Agreement are for convenience only and in no way define, limit or describe the scope or
intent of any provisions.
13. Exhibits, All exhibits attached hereto and referenced herein are expressly
incorporated into this Agreement by reference.
14. Severnbility. Any provision of this Agreement which is not enforceable
. according to law will be severed herefrom, and the remaining provisions shall be
enforced to the fullest extent permitted by law.
15. Authority, The undersigned represent that they each have the authority and
capacity from the respective parties to execute this Agreement. This Agreement shall not
be valid until executed by the parties and approved by ordinance duly enacted by the
City Council of the City of Jefferson City, Missouri, and order duly enacted by tine Cale
County Commission, Cole County, Missouri.
16. Jointly Drafted. The parties hereto agree that this Agreement has been jointly
drafted and shall not be construed more strongly against either party.
17. Governing Law. This Agreement shall be governed by and construed
according to the laws of the State of Missouri.
18. Notice. Written notice between tine City, County and Developer, shall be
deemed delivered under this Agreement by personal service, registered or certified mail,
postage prepaid and return receipt requested, or by overnight courier, to the principal
officers, at the addresses described above, of the City, attention City Manager; of the
County, attention Presiding Commissioner and of the Developer, attention John
Okwubanego, Esq., with a copy to Christine 'I. Bushylnead, Esq., 4510 Bclleview, Suite
300, Kansas City, Missouri 64111.
i
4 (1 7336/62452.,77357.51
19. Venue. In the event this Agreement or the Petition is litigated, venue shall be in
the Circuit Court of Cole County, and the Parties expressly waive any rights to venue
inconsistent therewith,
20. Binding Effect, This Agreement shall be binding on the Developers heirs, .
legal representatives, successors and assigns,
Remainder Of Page Intentionally Left Blank. Signature Page Follows
1
5
117136 162452;77357.51
IN WITNESS WHEREOF, the parties have executed this Agrccincilt oil the date
first written above.
IT OF,IT:FFru?SON CITY
City CIA
-
AP ED T -ORM:
City Attorney
cou �v o o�E
4 11ES ty Cicrkr ;
APPR VED AS&T.0 FORM:
County Counselor
COU 'I'Y uDIT
OJR
01-116S Lepage
t'
nu►lty Clerk 1 7-
W I . ES AST,L.P.
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App K t legal terms a y_
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1WAL-MITT L AL DEPT
Bate, f a 2 a-G
/(17336/62452;77357.51
ACKNOWLEDGMENT
.
STATE of )
ss,
COUNTY OF ?
011 this to day of �ewk e 20 t, before me, the undersigned Nolnry I'Llblic, in
and for said state, personally appeared X31?h _Ld,��w�G,�__,
I-11A ��2 _ OF CITY OF JE JEFFERSON CITY, MISSOURI,
know to me to be the person who exeetHed the within ANNEXATION AND
INTERGOVERNMENTAL. DEVELOPMENT AGREEMENT TO PROVIDE FOR ROAD
INFRASTRUCTURE in behalf of said not-far-profit corporation and acknowledged to me that
HE/SHE executed the same for the purposes therein stated and that the foregoing instrl1111C11t WAS
authorized by the board of directors of said not-for-profit corporation, and HE/SHE
acknowledged execution thereof to be on behalf of and the free act and deed of said not-for-
profit corporation,
Subscribed And sworn to me the day and year above written.
Notary Public: -
Notary Seal:
" N4TARY SEAL
Cynlhta A.l etnharl, No Public
ACKNOWLEDGMENT Cols County, Srrtla at Missaurl
My Commissbn Fxplres 8115124118
f./\A
STATE OF
SS,
. couNTY of )
On this day ofo 1�( 2Q , before me, the undersigned
N ryy�Pul��c, in and said state, personally appeared
rrs�r ,,�, o,,a„•riy1,a,s/ , of COUNTY
OF COLE, MISSOURI, known to me to Se the person who executed the within
ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT AGREEMENT
TO PROVIDE FOR ROAD INFRASTRUC'T'URE in behalf of said not-for-profit
corporation and acknowledged to me that I-IE/SHE executed the same for the purposes
therein stated and that the foregoing instrument was authorized by the board of directors
of said not-For-profit corporation, and HE/SHE acknowledged execution thereof to be on
belialf of and the free act and deed of said not-far-profit corporation.
Subscribed and sworn to me the day and year above vtr. cn,
Notary Public: ” J 2 2 Z
Notary Seal:
13.M0ECKl.1•T G(WT
Notarypubtle•/Votaryry Seal
STATE OF MISSOURI
County of Cole
My Commission Expires Sept.23,2007
7 (17336162452;77357.51
ACKNOWLEDGMENT
STATE OF )
} ss.
COUNTY OF }
On this day of� Gy4L�' L, beforc tile, the undersigned
Notary Public, in and for said state, personally appeared James Lepage, County Auditor,
of COUNTY OF COLE, MISSOURI, known to rile to be the person who executed the
within ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT
AGREEMENT TO PROVIDE FOR ROAD INFRASTRUCTURE in behalf of said not-
for-profit corporation and acknowledged to me that HE executed the same for the
purposes tlierein stated and that the foregoing instrument was authorized by the board of
directors of said not-for-profit corporation, and HE acknowledged execution thereof to
be on behalf of and the free act and deed of said not-for-profit corporation.
Subscribed and sworn to rile the day and year above written.
i
Notary Public:
Notary Seal:
13.MOCCKLI-TAGGART
ACKNOWLEDGMENT Notary Public•Notary seal
STATE OF MISSOURI
County of Cole.
SPATE OF My Commission Expires Sept,23,2007 .
ss.
COUNTY Of ) or /�.On this day of rZAQ, V 200d, before me, the
un ersi �ned Notary Public, '1 and f r s ' .scat , personally appeared
of WAL-MART
S`I' RB' EAST', -L.P., known to rile to be the person who executed the within
ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT AGREEMENT
TO PROVIDE FOR ROAD INFRASTRUCTURE, in behalf of said corporation and
acknowledged to me that HE/SHE executed the same for the purposes therein stated and
that the foregoing instrument was autliorired by (lie board of directors of said
corporation, and HE/SHE acknowledged execution thercof to be oil behalf of and the
free act and deed of said corporation.
Subscribed and sworn to rile [lie day and year above written .
Notary Pub
Notary Seal Karen .Milligan, Nola V`11
Washington uni ,state os
My Commission Expires 1013012006
8 117336/62452;77357.51
EXHIBIT A
. LEGAL DESCRIPTION Of THE PROPERTY
PROPERTY BOUNDARY DESCRIPTION
All that part of the Southwest Quarter(SW 'h)of the Soutllcast Quarter(SE /.)of Section Twenty-two
(22),Township 1:orly-four(44),Range Eleven(11),Cole County,Missouri,which lies southerly of U.S.
Route No.50,as shown by Report of Commissioners of record in Book 169,Page 8,Cole County
Recorder's Wee.(Included in the above is part of Blocks Nos.2,3,4 and 5,and all of Tracts"A","i3",
"C"and"D"in LEPAGE'S SUBDIVISION,per plat of record in Plat Book 6,Page 3,Cole County
Recorder's Office,)
(tieing all that property conveyed by Warranty Deed of record in Gook 277,page 918,Cole County
Recorder's Office,)
The boundary of tlic above described properly being more particularly described as follows:
BE-GIN14ING at the southwest corner of the Southwest Quarter of the Southeast Quarter of Section 22,
Township 44 North, Range i l West,Cole County,Missouri;thence N2 056'00"E,along the Quarter
Section Line, 1177.82 feet to a polnl intersecting(fie southerly line of the U.S. Highway 50163 Right-of-
way as described in paragraph 18 of Report of Commissioners of record in Book 169,Page 8,Cole
County Recorder's OMce;thence Easterly,along the southerly line of said U.S. Highway 50163 Right-of-
way,the following courses: S75 046'19"E,568,66 feel;thence S63°57158 1113-, 856.46 feel;tlicnce
S71°00'29"E,32,70 feel to a point intersecting ilia cast line of the Southwest Quarter of the Soutteast
Quarter of the aforesaid Section 22;thence leaving the southcriy tine of the aforesaid U.S. Highway 50163,
S t°48'50"W,along(lie Quarter Quarter Section Line,671.35 feet to ilia southeast corner of ilia Southwest
Quarter of ilia Southeast Quarter of said Section 22;thence N89 1107'58"W,along the Section Line,
1390.88 feel to the POINT OF BEGINNING.
9 117336 1 62452:71357.5)
EXHIBIT B
TDD PETITION
10 It 7336 f 62452',77357.51
IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI
. AT JEFFERSON, MISSOURI
In the Matter of: )
U.S. Highway 50163 and City View }
Transportation Development District )
THE CITY OF JEFFERSON CITY, MISSOURI )
320 East McCarty Street )
Jefferson City, Missouri 65101 )
Petitioner, )
VS. ) Case No.:
THE MISSOURI HIGHWAYS & )
TRANSPORTATION COMMISSION, )
105 West Capitol Avenue )
Jefferson City, Missouri 65101 )
}
SERVE: Mari Ann Winters, Secretary to the Commission
Highways and Transportation Office Building
105 West Capital Avenue
Jefferson City, Missouri 65101
and
THE COUNTY OF COLE, MISSOURI, }
311 East High Street
Jefferson City, Missouri 65I01
SERVE: )
}
)
Respondents. )
PETITION FOR FORMATION OF A TRANSPORTATION
DEVELOPMENT DIS`l'RICT
Petitioner, City of Jefferson City, Missouri (the "City"), pursuant to the Missouri
Transportation Development District Act (tlie "Act"), §§ 238.200, RSMo ei seq., for its Petition
for Formation of a Transportation Development District, states as follows.
1. Petitioner City ("Petitioner") is a Missouri constitutional charter city with an
address of 320 East McCarthy Street, Jefferson City, Missouri 65101 and is acting in its official
• capacity of a local transportation authority within the county of the proposed project, that county
being Cole County, Missouri.
2. Respondent The Missouri Highways And Transportation Commission (the "
Commission") is the constitutional authority responsible for constructing and n1aintai11ing the
Missouri highway system, and a necessary part under Section 238.207.4(2) of the Act.
3. Respondent County of Cole, Missouri (tile"County"), with an address of 311 East
High Street, Jefferson City, Missouri, is an affected local transportation authority within the
proposed district,and a necessary party under § 238.207.4(2)of the Act.
4. Jurisdiction is proper in this Court pursuant to § 238.207.2 of the Act.
5. Venue is proper in this Court pursuant to § 238.207.2 of the Act in that the
proposed district lies entirely within Cale County, Missouri.
6. The legal description setting forth the boundaries or the District is attached hereto
as Exhibit"A" and is incorporated herein by reference. A mail illustrating; the boundaries of the
District is attached hereto as Exhibit I'll" and is incorporated herein by reference
7. Petitioner proposes that the District will undertake the following transportation
projects:
a. City View Drive. Extend City View Drive across US Route 50163 to Schott
Road south of US Route 50163. Included in this improvement is a bridge
spanning US Route 50163, reconstructing City View Drive just north of the
intersection of Skyview Drive to US Route 50163. Ramps will be constructed
to provide access to US Route 50163 in a partial cloverleaf configuration.
Traffic control of the intersections of City View Drive with these ramps will
be by roundabout design. City View Drive will be constructed with two 12-
foot lanes, 8-foot shoulders, curbs and a 5-foot sidewalk oil the east side of
the roadway. The off-ramps will be constructed with an 16-foot wide lane, 4-
foot shoulder on left and 6-foot shoulder on the right, The on-ramps will be
constructed with a 18-foot wide lane, 4-foot shoulder on left and 6-foot
117336162452;82622.) 2
shoulder on the riglit. Additional turn lanes will be constructed as needed.
Right of Way and/or easements will need to be acquired,
b. Schott Road. Schott Road will be realigned to create a "T-intersection" with
the extension of City View Drive. Schott Road will be constructed with two
12-foot lanes. Right of Way and/or casements will need to be acquired for
this project.
c. US Route 50/63. Acceleration and deceleration auxiliary lanes will be added
to US Route 50163 as required by the new interchange. 'These lanes will be
12 feet wide with a 8-foot wide shoulder. The existing at-grade intersections
with Eastwood Drive / LePage Road will be removed. Appropriate turn
around treatments will be constructed at the end of these roadways. Existing
median openings will be removed and shoulders will be reconstructed. The
existing at grade intersections with Schott Road / Rolling Hills Road and
Cxpressview Drive will have the median crossover pavement removed
thereby creating right-in right-out only movements at these locations. Right
of Way and/or casements will need to be acquired for this project.
d. Cellular Tower Access Road. A new access road to the cellular tower
nortlieast of the intersection of City View Drive and US Route 50/63 will be
constructed. This roadway will maintain access to the cellular tower from
City View Drive. Right of Way and/or easements will need to be acquired for
. this project.
8. The name of the proposed district is the U.S. Highway 50163 and City View
Transportation Dcvelopment District (the "District').
9. The board of directors of the District (the "Board") shall be comprised of five
members.
10. The terms of office of the members of the Board shall be staggered in
approximately equal numbers to expire in one, two, or three years.
11. Petitioner proposes that the District be funded by imposing a sales tax on all retail
sales made wltbin the District whicll are subject to taxation pursuant to §§ 144.010 to 144.525,
RSMo, except as provided by § 23 8.23 5 of the Act, but in any case in a manner consistent with §
. 238.207.4(9).
117336/62452;82622.1 3
12. The District does not constitute an undue burden on any owner of property within
• the District and is not unjust, unreasonable unlawful or unconstitutional.
WHEREFORE, Petitioner pray for this Court's order
a) finding that the Petition is not legally defective and that the Respondents have been duly
served with process in this action;
b) finding that the proposed District and the proposcd mctihod of finding are neither illegal nor
unconstitutional;
c) finding (lint the Petition was filed by a "local transportation authority" as those terms are
defined in the Act;
d) finding (lint the District is no an undue burden on Any owner of real property within the
District and is not unjust or unreasonable;
e) ordering the Circuit Clerk of Cole County to provide notice to the public by causing one or
. more newspapers of general circulation serving Cole County to publish once a week for four
consecutive weeks a notice substantially in the form set forth in Section 238.212 of the Act;
f} certifying for voter approval the following Question:
Shall there be organized in [DESCRIPTION OF THE BOUNDARIES OF THE
DISTRICT] within the State of Missouri, a transportation development district, to be
known as the U.S. Highway 50163 and City View Transportation Development District
for the purpose of developing the following transportation projects: [LIST THE
TRANSPORTATION PROJECTS], and have the power to find the proposed project
upon separate voter approval by imposition of a sales tax in the amount of one percent
(1%) on retail sales within the district?
g) upon certification of the voting results for the Question (lint shows an affirmative majority
117336 162452;82622.1 4
,
vote, finding and certifying that the District is properly, duly and lawfully organized;
h for reimburse '
} mein of their casts by the District when formed, including all attorney s fees;
and
i) for such otlier and further relief as the Court deems just and proper,
117336/62432.82622.1 5
11 ♦
Respectfully Submitted,
. THE CITY OF JEFFERSON CITY, MISSOURI
By: -
Nathan Nicholaus, City Attorney, Dar No.
[ADDRESS 1 PHONE/FAX
ATTORNEYS FOR PETITIONER CITY OF
JEFFERSON CITY, MISSOURI
t
17336 162453;82022.1
EXHIBIT A
. Legal Description
PROPER'L'Y BOUNDARY DESCRIPTION
All that part of the Southwest Quarter(SW '14)of the Southeast Quarter(SE 1/4) of Section
Twenty-two (22), Township Forty-four(44), Range Eleven (11), Cole County, Missouri, which
lies southerly of U.S. Route No. 50, as shown by Report of Commissioners of record in Book
169, Page 8, Cole County Recorder's Office. (Included in the above is part of Blocks Nos. 2, 3, 4
and 5, and all of Tracts "A", "B", "C"and "D" in LEPAGE'S SUBDIVISION,per plat of record
in Plat Book 6, Page 3, Cole County Recorder's Office.)
(Being all that property conveyed by Warranty Deed of record in Book 277,page 918,Cale
County Recorder's Office.)
The boundary of the above described property being more particularly described as follows:
BEGINNING at the southwest corner of the Southwest Quarter of the Southeast Quarter of
Section 22, Township 44 North, Range L 1 West, Cole County, Missouri; thence N2°56'00"E,
along the Quarter Section Line, 1177.82 feet to a point intersecting the southerly line of the U.S.
Highway 50163 Right-of-way as described in paragraph 18 of Report ofCommissioners of
record in Book 169, Page 8, Cole County Recorder's Office; thence Easterly, along the southerly
line of said U.S. Highway 50163 Right-of-way, the following courses: S75°46'19"E, 568.66 feet;
thence S63°57'58"E, 856.46 feet; thence S71°00'29"E, 32.70 feet to a point intersecting the cast
line of the Southwest Quarter of the Southeast Quarter of the aforesaid Section 22; thence
leaving the southerly line of the aforesaid U.S. Highway 50163, S 1°48'50"W, along the Quarter
Quarter Section Line, 671.35 feet to the southeast corner of the Southwest Quarter of the
Southeast Quarter of said Section 22; thence N89°07'58"W, along the Section Line, 1390.88 feet
to the POINT OF BEGINNING.
s
117336 16202:82622,1 7
EXHIBIT 11
. Map Illustrative of Boundaries of the District
•
117336/6202;82622.1 8
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EXHIBIT C
'TRANSPORTATION PROJECTS
a. City View Drive. Extend City View Drive across US Route 50/63 to Schott Road
south of US Route 50163. Included in this improvement is a bridge spanning US
Route 50163, reconstructing City View Drive just north of ttie intersection of
Skyvicw Drive(o US Route 50163. Ramps will be constructed to provide access to
US Route 50163 in a partial cloverleaf configuration. Traffic control of t1le
Intersections of City View Drive with these ramps will be by roundabout design.
City View Drive will be constructed with two i2-foot lanes,8-fool smoulders,curbs
and a 5-foot sidewalk on the east side of the roadway. The off-ramps will be
constructed with an I6-foot wide lane, 4-foot shoulder on left and 6-foot shoulder
on the right. The on-ramps will be constructed with a 18-foot wide lane, 4-foot
shoulder on left and 6-foot shoulder on the right. Additional turn Ianes will be
constructed as needed. Right of Way and/or ensemems will need to be acquired.
b. Schott [fund. Schott Road will be realigned to create a "'I'-intersection" with file
extension of City View Drive. Schott Road will be constructed with two 12-foot
Imes. Right of Way and/or casements will need to be acquired for this project.
c. US Route 50/63. Acceleration and deceleration auxiliary lanes will be added to
US Route 50163 as required by (lie new interchange. These lanes will be 12 feet
wide with a 8-foot wide shoulder. The existing nt-grade intersections wifll
Eastwood Drive 1 LePage Road will be removed. Appropriate turn around
treatments will be constructed at the end of these roadways. Existing medlan
openings will be removed and shoulders will be reconstructed. The existing; at
grade intersections with Schott Road / Rolling Hills Road and Expressview Drive
will have the median crossover pavement removed thereby creating right-in right-
out only movements at these locations. Right of Way and/or easements will need
to be acquired for this project.
d. Cellular Tower Access Rund. A new access road to the cellular tower northeast
of the intersection of City View Drive and US Route 50163 will be constructed.
This roadway will maintain access to the cellular tower from City View Drive.
Right of Way and/or casements will need to be acquired for this project.
•
1 1173361 62452;77357,5 l
EXHIBIT D
DUAL ROUNDABOUT OPTION-Seplombor 30,200S
REDEVELOPMENT COSTS EstiffObd alm rsab unlcipal l Wal-Mart
Project to from to from TDD County Financing
Costs MoDOT Revenues Want n0
Financing
1. Interchan a Roadway&Sign is
Ri ht of Wa A uisition S1V 00 $375.0001 S375.00 5600,000 $0
00 S
Is 00 $
Class A Excavation $ 00 $ 7,250 S377,255 S o
Class C Excavation 5269,750 1 $114.87 $134.875 s0 0
m an ment in Place(Borrow $360,000 $180,00 $180,000 $0 0
from Store Site
Embankment in Place(Haul in and 5640,885 5320,44 $320,443 $0 $0
t 1 010001011
Compacting Embankment 31,750 $65,875 $65,875 $0 SO
Com actin In Cut 15,925 $7,963 $7,963 $0 $0
Type 5 Agg egete Base(4 In, $429,550 $64,775 $64,775 $0 SO
Thick
Type 5 Aggregate Base(7 in. $126,000 $63,00 $63,000 $0 $0
Thick
Gravel or Crushed Stone $22,000 $11,000 $11,000 $0 50
9 inches,Asphaltic Con $32,992 $16,496 $16,496 $0 $0
Pavement SP 125 C
Concrete Pavement(9 in.non- $1,037,400 $368,70 $368,700 $300,000 $0
reinf.•15 ft
Route 50163 Pavement Widening 5672,000 1 $336,0001 $336,000 $01 0
Drainage $400.000 $200,000 $200,000 $0 0
Guard Rail $50,000 S DD 5.000 S 0
GisimuWa Medlan Strip $900 5 550 SD 0
Sidewalk 5 It.wide 67 05 5 0 650 So 0
Integra Curb 6 in.hef hl Type A $44,000 $22.000 $22,000 S D
Traffic ontral $200,000 $100,000 $100,000 $ 0
Mobilfz Han S 58,300 $129,150 $129,150 SO $0
Pavem nt Markin 40.500 $20,250 $20,250 s0 35
MSE Wall Aton Cell lower Road), $ 18,000 $259000 $259,000 $1-
D
MSE Wall(Along City View Road $288.600 584 o0D $204,600 1 0
38.000 519,000 S1 00
Erosion Control $200,000 $100,000 $100 00 SO $0
Li htin S100,000 $50,000 $50 00 $0 s0
Roundabout Intersections S100,000 150 00 S5D 00
Signals $0 $0 SO $ 0
Signing 1100 000 $50,000 $5 DD $ 0
Conoco Phillips Pipelines $245,000 $122,500 $122, DO SO 0
Relocation 50%
Utility Relocation $100,000 $50,000 $50 00 10 D
2 Span Plate Girder Bridge $1,340,O00 670,000 $670 00 $0 0
Conlin 394 $241,304 $120, $120,652 S0 0
Total I hange,Roadway& $9,969,756 $4,474, $4,595,178 $900,000 0
Signals
2. Utility oxtensionss
Sanity Sewer Extension 5225 400 S 30 $ $225,400
Water Main Extension $85,200 S SO E $85,200
Conoco Gas Mains Relocation $245,000 $0 SO $0 $245,400
50%
Natural Gas Main Extenson $35.000 S0 $0 535,000
Contingency 12% 72 1 0 $0 So $66,6
Total Utility Extensions $657.272 1110 $ $667,272
3,Silo Land Acquisition Costs $3,000,005 SO $0 $3,000,000
.Building Costs
Bulid Ing Construction $8,120,000 SD $0 $0 $8,120,000
12 117336/62452,,77357.5)
z�
Contingency 12% $974,400 $0 50 $0 $974,40Q
Total Building Costs $9,094,400 $9,094,400
4.Sltework
Earthwork $2,391,000 30 $O $2,391000
Storm Drainage $457.538 30 $ J$47 Landsca In $141,000 $0 $0 Miscellaneous-Ret Wall,& $1,060,745 S0 $0
Q
W a
$147,246 S s s0
Sanitary Sewer $105,585 $ $0 30 $105,585
Onsite Utilities $53160 553 180
Paving 1 $1.607,345 s0 $0 SD $1,807,345
Parking Lot-Pavement Marking, $154,100 $0 30 $0 $154,100
Light bases
am Llahtlnn. $30,996 $01 SD $30,996
ant n en 12% $737,846 $0 $0 $737,846
Contractor's Overhead&Profit $998,551 $998,551
14,5%.
Total Sitework $7,085,112 $0 $0 $7,885,110
S.Soft Costs
T pographic&Boundary Surveys $50,000 $25,00p $25,00 $0 $
hw I
Topographic&Boundary Surveys $75,000 $0 $0 s0 $75,0
Site
Civil Engineering(Highway and $635,000 $317,500 5317,500 50 $0
Bridge)
Civil En Ineerin Site $422,000 $0 $0 $0 $422,000
Gootechnical Engineering $50,000 $25,00 $25,000 $0 $O
7ronEngineering Site $100,000 S $O $O 3tOD,0 al Studies& $17,000 $8,500 $8,500 $0
i hwa a151udiss& 518,000 50 SO 50 $18,000
ite Parmits $10,000 $5,000 $5,000 $0 so
Construction Interest and $796,188 $0 $796,188 $0 $0
Qwmaing Costs
elifflVigineefing(Utility $60,000 $0 $0 $0 560,0
Extensions
Total Soft Cants $2 233 188 $381000 $1177188 $0 .$875,000
TOTAL PROJECT COSTS 532 839 728 $4,055,578 $5,772,3661 $900t0001 $21 311 784
Note: County Contribution $300,000
City Contribution $600,000
Earthwork cost assumes required combination contract for Highway and Site Project
Costs are basod on 2006 year construction
13 117336 162452;77357.31
a�
EXHiBi'r
WATER SYSTEM IMPROVEMENTS
Approximately 1350 linear feet of I0-inch diameter C-900 water main and 300 linear
feet of 10-inch ductile iron pipe in an 18-inch steel casing will need to be constructed to
extend the existing 10-inch public water main from the intersection of LePage Road and
Route 50/63, The public water main extension will be located along the southern limits
of the proposed MoDOT right of way adjacent to ramp 3 to the southern limits of the
proposed City View Drive right of way, then along the proposed City View Drive right
of way to a point near the intersection of City View Drive and Route 50/63.
Set forth below is a list of the materials required for the Water Main Extension:
10-inch C-900 PVC watermain 1350 linear feet
10-inch ductile iron pipe inl8" steel casing 300 It'ncar feet
open cut
10- inch gate valve 2 each
8-inch tapping sleeve I each
8-inch tapping valve w/box t each
Water main fittings 1400 p ounds
Select granular backfill 100 cubic yards
14 I t7336162452,77357.51
EXHIBIT r
(� SANITARY SEWER IMPROVEMENTS
A public sewer extension consisting of 2050 linear feet of 4-inch PVC force main, 300
linear feet of 4-inch ductile iron force main with a bored and jacked steel casing, a
sanitary sewer pump station, 1200 linear feet of 8-inch PVC gravity sewer and 4 sanitary
manholes will be constructed from the existing public sewer located on the cast side of
City View Drive approximately 1000 feet north of Route 50163. The public sewer will
extend along the cast side of City View Drive to the intersection of Ramp I of the City
View interchange, then along the MoDOT right of way to the intersection with Route
50163. The sewer will then extend to the south across Route 50163 via a bored and
jacked steel casing to the south right of way line of Route 50163. The public sewer will
further extend to the west to a point near the intersection of City View Drive and Route
50163. A sanitary sewer duplex pump station with control panel will be installed near
this location, The public sewer will additionally be extended by a 8-inch gravity line to
serve the proposed gas station outlet located south of the intersection of City View Drive
and Ramp 3 of the interchange.
Set forth below is a list of the materials required for the Sanitary Sewer Improvements:
Sanitary sewer duplex pump stationw/ 1 Each
control panel
8-inch PVC gravity sewer 1200 linear feet
4-inch PVC force main 2050 linear feet
4-inch ductile iron force main bored 300 linear feet
And jacked in steel easing
Sanitary manholes 4 each
Select granular backlill 700 cubic yards
15 117336162452.77357,51
x '
Project No. PRW23606
LRW 1-98-11, 12, 13, 13(B) &26
RIGHT-OF-WAY CONTRACT
STATE OF MISSOURI §
COUNTY OF COLE §
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Jefferson, a
municipal corporation, herein referred to as "Grantor", whether one or more, does hereby grant unto
ConocoPhillips Pipe Line Company, and all subsidiary companies, their successors and assigns, herein
referred to as "Grantee", a right-of-way for the right from time to time to survey, construct, lay, maintain,
inspect, erect, alter, operate, protect, repair, replace with same or different size pipe, and remove three (3)
pipelines, including pipeline markers and/or vent pipes at fence lines, roadways, railroads, ditches and
waterways or as dictated by governmental regulations (herein being collectively referred to as "Facilities"),
over, through, upon, under and across the following described lands in Cole County, State of Missouri, to
wit:
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44 North,
Range 11 West, Cole County, Missouri being situated in Tract E of LePage's Subdivision of
record in Plat Book 6, page 3, Cole County Recorder's Office, more particularly described
as follows:
From the southeast comer of the Southeast Quarter of the Southwest Quarter of the
aforesaid Section 22; thence N 245600" E, along the Quarter Section Line, 989.55 feet to
the POINT OF BEGINNING for this description;thence N 83436'01"W, 197.71 feet;thence
N 68400'50"W, 90.56 feet; thence N 12912'44!'W, 67.71 feet; thence N 7942'09' W, 53.50
feet;thence S 68400'50" E, 139.74 feet;thence S 8343601" E, 177.96 feet to a point on the
east line of the Southeast Quarter of the Southwest Quarter of the aforesaid Section 22;
thence S 2456'00" W, along the Quarter Section Line, 100.18 feet to the POINT OF
BEGINNING.
Grantee agrees that if any future work is to be performed within the limits of any future highway right
of way of Grantor's in connectipn with the location, relocation or maintenance of Grantee's Facilities will be
done in accordance with an agreement or permit that will be issued by the Grantor's district engineer, except
in the case of an emergency as set forth below; provided, however, such agreement or permit will not alter,
modify, replace or supersede any provisions of this Right of Way Contract nor any DOT statutory rules,
regulations, requirements and procedures relating to such Facilities.
Grantee is granted access for ingress and egress to and from Grantee's Facilities, either on or off
the highway right of way as set forth and depicted in Exhibit"A",attached hereto and made a part hereof, for
normal servicing, maintenance, construction or reconstruction of such Facilities from either:
(A) Grantee's easements adjacent to the highway right of way; or
(B) Existing outer roadways;or
(C) Any nearby public roads or streets;or
(D) Truck trails at and along the right of way lines.
Nothing contained herein shall give Grantee any right of access to or from the thruways of the highway
except as set out above or in the following paragraph, nor the right to cut or otherwise damage the
shoulders, pavements or medians.
In emergency situations directly affecting or endangering traffic on the highway or public health or
safety, Grantee is granted access for ingress and egress to and from Grantee's Facilities, either on or off the
highway right of way set forth and depicted in Exhibit "A", at such points as may be necessary to expedite
said emergency repairs, provided prompt notice is given by Grantee to the State Highway Patrol and the
Grantor's district engineer located in Jefferson City, Missouri.
Grantor will advise Grantee of any future improvement, reconstruction, or maintenance planned for
said highway which will necessitate an adjustment to Grantee's Facilities. Grantor hereby agrees to
reimburse Grantee for all reasonable costs incurred by Grantee in making such adjustments to its Facilities.
The right-of-way herein granted shall be one hundred feet(100) in width, the approximate route of
which is more generally described in Exhibit "A", attached hereto and made a part hereof, together with
additional work space as needed by Grantee for construction, maintenance, repair, inspection, removal and
replacement of Facilities.
Grantor reserves the right to construct, reconstruct and maintain a limited access state highway
over and across that portion of the right-of-way occupied and held by Grantee as identified in Exhibit'W'.
Grantor will not change the final grade of the right-of-way without the express written consent of
Grantee; it being the intent of the parties hereto that there shall at all times keep a minimum of forty-eight
(48") inches of cover across the right-of-way at all points. Grantor and Grantee shall restore the grade and
contour of the right-of-way, as near as reasonably practical to do so, upon completion of their respective
construction, maintenance, replacement or removal operations.
It is the intention of Grantor and Grantee that said right-of-way shall extend completely across the
above described land and be located in such manner that all of Grantee's presently existing pipelines or
pipelines to be relocated to the right-of-way in the future pursuant to a separate agreement between the
parties, will be within its boundaries. To this extent it is understood and agreed that in the event it should
ever be determined that either of said boundary lines have not been properly located or that there is a
conflict between calls for the boundary lines or for the existing pipeline or pipelines and calls for other
objects or monuments or calls for course or distance in a description of said right-of-way, the right-of-way
shall for all purposes be deemed to be extended in length and/or adjusted as to location in order that the
intention of the parties will be carried out.
When said right-of-way is no longer useful, necessary or convenient to Grantee, Grantee shall
execute and record a reconveyance and release of this Right-of-Way Contract. Grantee shall have no
obligation to remove any of the underground Facilities, but shall have the option, at Grantee's sole
discretion, to do so with respect to all or any of the Facilities. In the event that Grantee removes any of the
Facilities, Grantee shall restore the surface, as near as reasonably possible, to its condition prior to the
construction of the Facilities. Any Facilities remaining on the property after the expiration of 180 days
following the filing of such reconveyance and release shall become the property of Grantor.
Page 2 of 4
The rights herein granted, or any of them, may be exercised by any or all of the Grantees, their
successors and/or assigns, either jointly or separately.
The rights granted herein may be assigned in whole or in part, and the terms, conditions, and
provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal
representatives, successors, and assigns of the parties hereto.
This Right-of-Way Contract may be signed in counterparts with the same effect as if each named
Grantor signed one instrument.
EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the
day of -fiLLG , 2007 (the"Effective Date").
GRANTOR GRANTEE
CITY QF J91FF R f4 CONO OPHILLIPS LINE COMPANY
By. By: ((,��
Titl Attomey-in-Fact
ATTES : ATTEST:
f/
By:
c
Title: Title:
APPR AS ORM: APPROVED AS TO FORM:
By: 2� By:
Title: �Cr'C 5c_ Title:
Page 3of4
STATE OF MISSOURI §
COUNTY OF COLE §
On this day of � 2007, before me appearedtiQ
personally known to me, who being by me duly sworn, did say that he/she is the
of the City of and that the foregoing instrument was sigried and sealed on
behalf of the City of and that he/she acknowledged said instrument to be the
free act and deed of City' 6f _ L._,r J_.> — and that it was executed for the consideration
stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county
and state aforesaid the day and year written above.
Notary Public
My Commission Expires: .
STATE OF OKLAHOMA §
COUNTY OF WASHINGTON §
On this / day of A lL v 'T 2007, bef re ME
the undersigned officer, persona y appeared Q_-,J,, '- 5 known to me
(or satisfactorily proven) to be the person whose name is subscribed as Attorney-in-Fact, of ConocoPhiilips
Pipe Line Company, and acknowledged that he, as such Attorney-in-Fact, being authorized so to do,
executed the foregoing instrument as the act of his principal for the purposes therein contained, by signing
the name of the said corporation by himself as Attorney-in-Fact.
My Commission Expires:
I c —a(i Q Notary Public
Notary Public
State of Oklahoma
DEBBIE SWEET
'WASHINGTON COUNTY
GOMMISSION N600460
'•. "' Comm. Ex . pCs-1t3.208D
Page 4 of 4
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Missouri M c>a C>-F Central District
!V!i$$o u ri 1511 Missouri Boulevard
P.O. Box 718
Department Jefferson City, MO 65102
(573) 751-3322
fax (573)522-1059
of Transportation Toll free 1-888 ASK MoDOT
Roger Schwartze, District Engineer www.modot.state.mo. us
October 1, 2007
Melva Fast
Assistant to City Administrator
320 East McCarty
Jefferson City, MO 65101
Subject: Routes 50153, Cole County
Job No. J5PO844B
City View Drive Interchange
Cooperative and Right of Way Agreement
Dear Melva:
Enclosed, for your files, is one (1) copy of the fully executed Cooperative and Right of Way
Agreement for the project noted.
Thank you for your cooperation. If you have any questions please feel free to call me at 573-
751-7688.
Sin e ,
ason R. V de eltz, P.E.
Transportation Project Manager
Enclosure
jry
CCO Form: Route 50/63, Cole County
Approved: 10/06 (BDG) Project No. J51`0844, J5P0844B
Revised: City of Jefferson City
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
US.50/63 HIGHWAY AND CITY VIEW TRANSPORTATION DEVELOPMENT DISTRICT
CITY OF JEFFERSON CITY,MISSOURI
COLE COUNTY,MISSOURI
WAL-MART STORES EAST,L.P.
COOPERATIVE AND RIGHT OF WAY AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission"), the U.S. Highway 50/63 and City View
Transportation Development District (hereinafter, "District"), the City of Jefferson, Missouri
(hereinafter, "City"), County of Cole, Missouri (hereinafter, "County") and Wal-Mart Stores
East, L.P. (hereinafter, "Property Owner"). The Commission, District, City, County and
Property Owner may hereinafter be referred to as the"Parties."
WITNESSETH:
WHEREAS, the District, in part, was organized to fund transportation and road
improvements to Commission Projects J51`0844 and J5P0844B, the public improvements of
which are owned and to be owned by Commission, City and County as described on Exhibit A
attached hereto and incorporated herein by this reference (hereinafter, the "Projects"); and
WHEREAS, the Commission and District have entered into a mutually acceptable
cooperative agreement dated as of February 9, 2007, regarding the funding and construction of
certain portions of the Projects, as described therein(hereinafter, the "District Agreement'); and
WHEREAS, the Commission, City and County have entered into a mutually acceptable
cooperative agreement dated as of March 20, 2007 regarding the funding and construction of
certain portions of the Projects, as described therein(hereinafter, the "City/County Agreement');
and
WHEREAS, the Commission, District, and Property Owner have entered into that certain
Cost Apportionment Agreement dated as of March 29, 2007, 'regarding allocation of costs for the
Projects (hereinafter, the "Apportionment Agreement'); and
WHEREAS, pursuant to the District Agreement, the City/County Agreement and the
Apportionment Agreement, the parties have agreed on the funding and general scope of the
Projects as described on Exhibit B attached hereto and incorporated herein by this reference; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to coordinate and establish the
-1-
(31559/63757; 178933.)
responsibilities of the Parties for the acquisition, contribution, dedication, ownership and
maintenance of the rights of way required by the Projects. Exhibit A provides a general
description of the Projects and the associated rights of way.
(2) LOCATION: The transportation improvements that are the subject of this
Agreement are contemplated at the following locations: along Route 50 as described in "Exhibit
B".
(3) AMENDMENTS: Any change in this Agreement, whether by modification or
supplementation, must be accomplished by a formal contract amendment signed and approved
by the duly authorized representatives of the Parties.
(4) COMMISSION REPRESENTATIVE: The Commission's District 5 District
Engineer is designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by written notice
other persons having the authority to act on behalf of the Commission in furtherance of the
performance of this Agreement.
(5) ASSIGNMENT: No Party may assign, transfer or delegate any interest in this
Agreement without the prior written consent of the Commission.
(6) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Parties shall comply with all local, state and
federal laws and regulations relating to the performance of this Agreement.
(7) CANCELLATION: The Commission may cancel this Agreement at any time for
a material breach of contractual obligations by providing the remaining Parties with written
notice of cancellation. Should the Commission exercise its right to cancel this Agreement for
such reasons, cancellation will become effective upon the date specified in the notice of
cancellation sent to the District.
(8) CITY ACQUISITION AND CONTRIBUTION: The City shall be responsible
for acquisition, by purchase, condemnation or otherwise, of the property designated by outlining
in red on Exhibit C. If the City is unable to secure the necessary right of way to construct the
Project according to the Project schedule, the Commission, in its sole discretion may cancel this
Agreement. The City agrees to contribute and transfer Properties as follows:
a. to the Commission the property designated by red cross-hatching on
Exhibit C; and
b. to the County, the property designated in yellow on Exhibit C.
(9) PROPERTY OWNER CONTRIBUTION: The Property Owner agrees to
contribute and transfer to the Commission the property designated by green cross-hatching on
Exhibit C.
(10) COMMISSION CONTRIBUTION: The Commission agrees to contribute and
transfer to the Property Owner the property designated by orange cross-hatching on Exhibit C.
-2-
{31559/63757;178933.}
(11) CONSTRUCTION EASEMENT: The City, the County and the Property Owner
hereby grant to the Commission, its agents, representatives and contractors, the right to enter
upon the properties described on Exhibit A for the purposes of carrying out and completing the
Work, as defined in the District Agreement and the City/County Agreement.
(12) OWNERSHIP AND MAINTENANCE: Upon completion of the Projects, each
of the Commission, the City and the County agree to accept ownership of and assume
responsibility for maintenance of the portions of the Projects designated on Exhibit A as located
in and belonging to each such Party's respective properties.
(13) VENUE: It is agreed by the parties that any action at law, suit in equity, or other
judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall
be instituted only in the Circuit Court of Cole County, Missouri.
(14) SOLE BENEFICIARIES: This Agreement is made for the sole benefit of the
Parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than the Parties.
(15) NO INTEREST: No Party to this Agreement will gain any interest in the
constructed roadway or improvements belonging to or located on the property of the
Commission, the County or the City whatsoever. Except as otherwise provided by law or
separate agreement, no Party shall be obligated to keep the constructed improvements or
roadway in place if such Party, in its sole discretion, determines removal or modification of the
roadway or improvements, is in the best interests of such Party's transportation system.
(16) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they
are acting officially and properly on behalf of their respective institutions and have been duly
authorized, directed and empowered to execute this Agreement. Nothing contained in this
Agreement shall be deemed to constitute the Parties, or any of them, as partners in a partnership
or joint venture for any purpose whatsoever.
(17) SECTION HEADINGS: All section headings contained in this Agreement are for
the convenience of reference only and are not intended to define or limit the scope of any
provision of this Agreement.
(18) SUPREMACY OF PRIOR AGREEMENTS: To the extent that the provisions of
this Agreement conflict with the provisions of any previously executed agreements relating to
Job No. J5P0844 or J5P0844B between the Commission and any of the parties to this
Agreement, the provisions of the previously executed agreements shall control.
(19) PARTY ACKNOWLEDGMENT: The parties acknowledge that they rely solely
upon their own judgment in making and entering into this Agreement and enter into this
Agreement voluntarily based on deliberative processes and without duress.
(20) NO ADVERSE INFERENCE: This Agreement shall not be construed more
strongly against one party or the other. The parties to this Agreement had equal access to, input
with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of
-3-
(31559/63757; 178933.}
construction which requires that any allegedly ambiguous provision be interpreted more strongly
against one party than the other shall be used in interpreting this Agreement.
(21) VOLUNTARY NATURE OF AGREEMENT: Each Party to this Agreement
warrants and certifies that it enters into this transaction and executes this Agreement freely and
voluntarily and without being in a state of duress or under threats or coercion.
(22) SEVERABILITY: If any clause or provision of this Agreement is found to be
void or unenforceable by a court or agency of proper jurisdiction, then the remaining provisions
not void or unenforceable shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the District this day of , 2007.
Executed by the Commission this day of �'' Il 11 007.
Executed by the City this day of 12007.
Executed by the County this day of 12007.
Executed by the Property Owner this day of , 2007.
SIGNATURE PAGES FOLLOW
-4-
{31559 f 53757; 178933.)
EXECUTION PAGE TO RIGHT OF WAY AND COOPERATIVE AGREEMENT
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
By
Title Chief Financial officer
ATTEST:
2��& � /
Secretary to the Commission
Approved as to Form:
Coin m' ion Counsel
-5-
{3 1559 1 63757; 178933.)
EXECUTION PAGE TO RIGHT OF WAY AND COOPERATIVE AGREEMENT
THE U.S. HIGHWAY 50/63 AND CITY 'VIEW TRANSPORTATION DEVELOPMENT
DISTRICT CY
N B y'
itle
Approved as to legal terms only
ATTEST:
by_c�
WAL-MA T LEGAL DEPT.
Date: zp>�2
Title: tA, 4
Approved as to Form:
C"- - T /
District Counsel
-6-
{31559/63757;163607.2)
EXECUTION PAGE TO RIGHT OF WAY AND COOPERATIVE AGREEMENT
CITY OF JEFFERSON CITY, MISSOURI
By:
Title
ATT ST:
yltle: �f
J- d s to orm: :
City oun el
(3 1559/63757; 178933.)
EXECUTION PAGE TO RIGHT OF WAY AND COOPERATIVE AGREEMENT
COLE COUNTY, MISSOURI
By: /Vz
Title
ATTEST:
Title:
Approved as to Form: :
�\' 17.� - —/640��
a 'i my y- 6Lnscl
-8-
(31559/63757, 178933.}
EXECUTION PAGE TO RIGHT OF WAY AND COOPERATIVE AGREEMENT
WAL-MART STORES EAST, L.P.
Y:
Title Approved as to legal terms only
ATTESt f*mmd y
T, . IVA'-M T
EGAt_ TEAM
Cate a�3 zCO
Title: J�..�,�s A . eo4.c
Approved as to Farm:
Wal-Mart Stores East, L.P. Counsel
-9-
;31559/63757; 163607.2)
EXHIBIT A
Right of Way Descriptions
Walmart to MoDOT—(Green Hatching—See Exhibit Q
CITY VIEW DRIVE CONNECTION
LIMITED ACCESS RIGHT-OF-WAY
Donald H. and Velma R. Renkemeyer
Part of the Southwest Quarter of the Southeast Quarter of Section 22,Township 44 North, Range
11 West, Cole County, Missouri, and being situated in LePage's Subdivision of record in Plat
Book 6, page 3, Cole County Recorder's Office, more particularly described as follows:
From the southwest corner of the Southwest Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N2°56'00"E, along the Quarter Section Line, 424.21 feet to the POINT OF
BEGINNING for this description; thence continuing N2°56'00"E, 753.51 feet to a point
intersecting the southerly line of the U.S. Highway 50/63 right-of-way; thence S75°45'25"E,
along said right-of-way line, 567.11 feet;thence S63°56'51"E, along said right-of-way line,
31.03 feet; thence S4°47'24"E, 106.92 feet; thence N89 007'57"W, 144.78 feet; thence
Southwesterly, on a curve to the right, having a radius of 840.00 feet, an arc distance of 250.85
feet, (the chord of said curve being S38°58'22"W, 249.92 feet); thence Southerly, on a curve to
the left, having a radius of 410.97 feet, an are distance of 218.20 feet, (the chord of said curve
being S21 016'53"W, 215.65 feet); thence S5°29'28"W, 78.55 feet; thence SO°24'46"W, 51.80
feet; thence N82144'03"W, 238.85 feet to the POINT OF BEGINNING.
Containing 6.07 acres.
-10-
{31559l63757;178933.)
STORM WATER DRAINAGE EASEMENT
A strip of land across part of the Southwest Quarter of the Southeast Quarter of Section 22,
Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, and being
situated in LePage's Subdivision of record in Plat Book 6, page 3, Cole County Recorder's
Office,more particularly described as follows:
From the southwest corner of the Southwest Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N2°56'00"E, along the Quarter Section Line, 182.39 feet to the POINT OF
BEGINNING for this description; thence NI 9'34'24"E, 221.13 feet; thence N39'09'1 8"W, 36.39
feet; thence S82'44'03"E, 92.04 feet; thence S49'49'1 9"E, 459.17 feet; thence N00°00'00"E,
434.28 feet; thence N20°51'44"E, 397.46 feet; thence S89°07'57"E, 2.65 feet; thence
N4°47'24"W, 7.68 feet; thence N10°54'30"E, 97.65 feet; thence S83°36'01"E, 30.09 feet; thence
S 10°54'30"W, 107.48 feet; thence S20°51'44"W, 397.61 feet; thence S00°00'00"W, 458.25 feet;
thence S21°07'15"E, 96.40 feet to a point on the south line of the aforesaid Section 22, Township
44 North, Range 11 West; thence N89°07'58"W, along the Section Line, 32.35 feet; thence
N21-07'1 5"W, 83.24 feet; thence N49'49'1 9"W, 518.54 feet; thence S37°33`39"W, 14.00 feet;
thence S19°34'24"W, 229.12 feet; thence N70°25'36"W, 15.00 feet to the POINT OF
BEGINNING.
City of Jefferson to MoDOT-(Red Hatching-See Exhibit Q
CITY VIEW DRIVE CONNECTION
LIMITED ACCESS RIGHT-OF-WAY
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44 North, Range
11 West, Cole County, Missouri, situated in and being a part of Tract E and Tract F of LePage's
Subdivision of record in Plat Book 6, page 3, Cole County Recorder's Office, more particularly
described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the aforesaid
Section 22; thence N2°56'00"E, along the Quarter Section Line, 424.21 feet to the POINT OF
BEGINNING for this description; thence N80 041'16"W, 154.44 feet; thence N77°34'35"W,
169.22 feet; thence N4°53'44"E, 147.06 feet; thence N64'4 1'20"E, 227.48 feet; thence
N31028'1 7"W, 51.86 feet; thence N50°05'46"W, 117.75 feet; thence N21°50'57"W, 48.92 feet;
thence N2°1 8'25"E, 62.64 feet; thence N12 012'44"W, 154.35 feet; thence N7°42'09"W, 152.41
feet to a point intersecting the southerly line of the U.S. Highway 50/63 right-of-way; thence
S75°45'25"E, along said right-of-way line, 334.48 feet to a point intersecting the east line of the
Southeast Quarter of the Southwest Quarter of the aforesaid Section 22; thence S2°56'00"W,
along the Quarter Section Line, 753.51 feet to the POINT OF BEGINNING.
Containing 4.64 acres.
(31559/63757; 178933.}
CITY VIEW DRIVE CONNECTION
LIMITED ACCESS RIGHT-OF-WAY
Donald H. &Velma R. Renkemeyer
(North side of Hwy. 50/63)
Part of Lots 1, 2 & 3 of Block 5 and part of Lot 1 of Block 4 of LePage's Subdivision of record
in Plat Book 6, page 3, Cole County Recorder's Office being situated in the Southwest Quarter
of the Southeast Quarter of Section 22 and part of the Northwest Quarter of the Southeast
Quarter of Section 22, Township 44 North, Range 11 West, Cole County, Missouri, more
particularly described as follows:
From the southeast corner of the Southwest Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N1°48'50"E, along the Quarter-Quarter Section Line, 1059.34 feet to a point
intersecting the northerly line of the U.S. Highway 50/63 right-of-way on the westerly boundary
of the property described in Book 263, page 398, Cole County Recorder's Office and said point
being the southeasterly corner of the property described by deed of record in Book 365, page
658, Cole County Recorder's Office and the POINT OF BEGINNING for this description;
thence Westerly, along the northerly line of said U.S. Highway 50/63, the following courses:
N74048'1 3"W, 169.91 feet; N64 054'03"W,353.60 feet to a point intersecting the easterly line of
the Henry Drive Right-of-way as shown on the plat of LePage's Subdivision of record in Plat
Book 6, page 3, Cole County Recorder's Office; thence leaving the aforesaid U.S. Highway
50/63 Right-of-way line, N16°57'10"W, along said Henry Drive Right-of-way line, 94.04 feet to
a point intersecting the North line of the Southwest Quarter of the Southeast Quarter of the
aforesaid Section 22; thence N89°45'08"W, along the Quarter-Quarter Section Line, 62.81 feet to
a point intersecting the westerly line of said Henry Drive Right-of-way; thence S 16'57'1 0"E,
along said Henry Drive Right-of-way line, 58.49 feet to a point intersecting the northerly line of
the aforesaid U.S. Highway 50/63 Right-of-way; thence N64°54'03"W, along said U.S. Highway
50/63 Right-of-way line, 18.15 feet to the easterly line of the City View Drive Right-of-way;
thence northerly, along said City View Drive Right-of-way line, the following courses:
N3 055'06"W, 229.03 feet; thence N23°51'30"E, 242.65 feet; thence leaving the aforesaid City
View Drive Right-of-way line, S66°08'31"E, 29.58 feet; thence Southeasterly, on a curve to the
left,having a radius of 59.00 feet, an arc distance of 100.96 feet, (the chord of said curve being
S32 047'28"E, 89.09 feet); thence Southeasterly, on a curve to the right,having a radius of 291.00
feet, an arc distance of 336.87 feet, (the chord of said curve being S48 039'01"E, 318.37 feet);
thence Southeasterly, on a curve to the left, having a radius of 434.00 feet, an arc distance of
171.55 feet, (the chord of said curve being S26°48'38"E, 170.43 feet); thence S2°58'07"E, 175.47
feet; thence S55°34'44"E, 110.37 feet to the POINT OF BEGINNING.
Containing 4.34 acres.
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{3 1559/63757;178933.}
DRAINAGE EASEMENT
Donald H. & Velma R. Renkemeyer
(North side of Hwy. 50/63)
Part of Lots 1 &2 of Block 5 of LePage's Subdivision of record in Plat Book 6,page 3, Cole
County Recorder's Office being situated in the Southwest Quarter of the Southeast Quarter of
Section 22, Township 44 North, Range 11 West, Cole County, Missouri, more particularly
described as follows:
From the southeast corner of the Southwest Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N1°48'50"E, along the Quarter-Quarter Section Line, 1059.34 feet to a point
intersecting the northerly line of the U.S. Highway 50/63 right-of-way on the westerly boundary
of the property described in Book 263,page 398, Cole County Recorder's Office and said point
being the southeasterly corner of the property described by deed of record in Book 365,page
658, Cole County Recorder's Office; thence N55 13444"W, 110.37 feet; thence N2°58'07"W,
97.51 feet to the POINT OF BEGINNING for this description ; thence continuing N2°58'07"W,
55.74 feet; thence N60°47'54"E, 123.39 feet to a point intersecting the east of the Southwest
Quarter of the Southeast Quarter of the aforesaid Section 22; thence S 1 148'50"W, along the
Quarter-Quarter Section Line, 58.34 feet; thence S60°47'54"W, 117.97 feet to the POINT OF
BEGINNING.
DRAINAGE EASEMENT
SCHOLASTIC, INC.
(North side of Hwy. 50/63)
Part of Northeast Quarter of the Southeast Quarter and part of the Southeast Quarter of the
Southeast Quarter of Section 22,Township 44 North,Range 11 West, Cole County, Missouri,
more particularly described as follows:
From the southwest corner of the Southeast Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N 1°48'50"E, along the Quarter-Quarter Section Line, 1059.34 feet to a point
intersecting the northerly line of the U.S. Highway 50/63 right-of-way on the westerly boundary
of the property described in Book 263,page 398, Cole County Recorder's Office and said point
being the southeasterly corner of the property described by deed of record in Book 365,page
658, Cole County Recorder's Office; thence continuing N1°48'50"E, along the Quarter-Quarter
Section Line, 217.43 feet to the POI NT OF BEGINNING for this description; thence continuing
N1°48'50"E, along the Quarter-Quarter Section Line, 58.34 feet; thence N60°47'54"E, 47.09
feet; thence S29°12'06"E, 50.00 feet; thence S60°47'54"W, 77.15 feet to the POINT OF
BEGINNING.
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(3 1559/63757;178933.)
CITY VIEW DRIVE RIGHT-OF-WAY
Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the
Southeast Quarter of Section 22,Township 44 North, Range 11 West, in the City of Jefferson,
Cole County, Missouri, more particularly described as follows:
From the southwest corner of the Southwest Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N2 056'00"E, along the Quarter Section Line, 1327.64 feet to the southwest
corner of the Northwest Quarter of the Southeast Quarter of said Section 22; thence N1°59'03"E,
along the Quarter Section Line, 222.76 feet to a point intersecting the northerly line of the U.S.
Highway 50/63 right-of-way; thence S71 134'52"E, along said right-of-way line, 523.32 feet to a
point intersecting the westerly right-of-way line of City View Drive and said point being the
southeasterly corner of Lot 6A of Re-Lock Estates, Section Two as per plat of record in Plat
Book 12, page 115, Cole County Recorder's Office and the POINT OF BEGINNING for this
description; thence northerly along the easterly boundary of said Re-Lock Estates, Section Two
and along the westerly line of the aforesaid City View Drive right-of-way, the following courses:
N24 053'24"E, 201.74 feet; thence N37°46'41"E, 264.54 feet; thence N15 004'49"E, 85.08 feet to
the northeasterly corner of Lot 6C of said Re-Lock Estates, Section Two; thence leaving the
aforesaid boundary of Re-Lock Estates, Section Two, and continuing along the aforesaid City
View Drive right-of-way line,N23 044'32"E, 71.70 feet;thence leaving the westerly line of said
City View Drive right-of-way, S68 037'27"E,on a direct line, 130.04 feet to a point intersecting
the easterly line of the aforesaid City View Drive right-of-way; thence Southerly, along the
easterly line of said City View Drive right-of-way, the following courses: S15°10'22"W, 51.44
feet; thence S2305 1'30"W, 353.43 feet; thence S3°55'06"E, 229.03 feet to a point intersecting
the northerly line of the aforesaid U.S. Highway 50/63 right-of-way; thence leaving the easterly
line of the aforesaid City View Drive right-of-way, N68 137'40"W, along the northerly line of
said U.S. Highway 50/63 right-of-way, 298.85 feet to the POINT OF BEGINNING.
Containing 2.52 acres.
-14-
{31559/63757; 178933.}
MoDOT to Walmart—(Oranize Hatchinp,—See Exhibit Q
Missouri Highways and Transportation Commission
Quit Claim of right-of-way
Part of the Southwest Quarter of the Southeast Quarter and part of the Southeast Quarter of the
Southeast Quarter of Section 22, Township 44 North, Range 11 West, Cole County, Missouri,
and being within the U.S. Highway 50/63 right-of-way, more particularly described as follows:
From the southwest corner of the Southwest Quarter of the Southeast Quarter of the aforesaid
Section 22; thence N2°56'00"E, along the Quarter Section Line, 1177.73 feet to a point
intersecting the southerly line of the U.S. Highway 50/63 right-of-way; thence, along said right-
of-way line, the following courses: S75°45'25"E, 567.11 feet; thence S63°56'51"E, 31.03 feet to
the POINT OF BEGINNING for this description; thence leaving the aforesaid right-of-way line,
S83°36'01"E, 86.12 feet; thence S70°59'23"E, 730.33 feet; thence S44°42'05"E, 270.95 feet to a
point intersecting the aforesaid southerly line of the U.S. Highway 50/63 right-of-way;thence
along said U.S. Highway 50/63 right-of-way line the following courses: N70°59'22"W, 88.10
feet to the southeasterly corner of a tract of land described by Quit-claim deed of record in Book
356, Page 247, Cole County Recorder's Office; thence along the boundary of said tract described
in Book 356, page 247, now being the southern right-of-way line of said U.S. Highway 50/63,
the following courses: N19°00'38"E, 12.00 feet; thence N69°06'29"W, 2 00.10 feet; thence
S19°01'44"W, 12.39 feet; thence leaving the boundary of said tract described in Book 356,page
247 and continuing along the aforesaid U.S. Highway 50/63 right-of-way line,N63°56'51"W,
775.05 feet to the POINT OF BEGINNING, containing
67,156.86 sq. ft. (1.54 acres), more or less.
City of Jefferson to Cole County—(Yellow Hatching—See Exhibit Q
SCHOTT ROAD CONNECTION
NORMAL RIGHT-OF-WAY
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44 North, Range
11 West, Cole County, Missouri, situated in and being a part of Lots 10, 11, 12 and 13 of Block
1 and in Tract F and G of LePage's Subdivision of record in Plat Book 6,page 3, and part of the
Public Road right-of-way known as Schott Road as shown and dedicated according to LePage's
2°d Subdivision of record in Plat Book 7,page 29, Cole County Recorder's Office,more
particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the aforesaid
Section 22; thence N2°56'00"E, along the Quarter Section Line, 424.21 feet; thence
-15-
{31559/63757; 178933.}
N80°41'16"W, 154.44 feet; thence N77 034135 11W, 169.22 feet to the POINT OF BEGINNING
for this description;thence S82 045'46"W, 78.84 feet; thence N73°49'28"W, 192.55 feet; thence
N62 028'27"W, 27.32 feet;thence S26 010'05"W,249.91 feet; thence Southerly, on a curve to the
left, having a radius of 469.99 feet, an arc distance of 75.68 feet, (the chord of said curve being
S21 033'19"W, 75.60 feet); thence S16 156'33"W, 10.10 feet;thence N73°03'27"W, 29.75 feet to
a point in the approximate center of the Public Road known as Schott Road and said point being
on the easterly boundary of Lot 16 of LePage's 2nd Subdivision of record in Plat Book 7,page
29, Cole County Recorder's Office; thence, along the easterly boundary of Lots 16, 17, 18, 19,
20, 21, 22, and 23 of said LePage's 2nd Subdivision,being in the approximate center of said
Schott Road,the following courses: N16°52'51"E, 113.88 feet;thence N17010'01"E, 80.73 feet;
thence on a curve to the left,having a radius of 319.71 feet, an arc distance of 330.23 feet, (the
chord of said curve being N12°25'24"W, 315.74 feet); thence N42 000'49"W, 282.80 feet; thence
leaving the easterly boundary of the aforesaid Lot 23 of LePage's 2nd Subdivision and the
approximate center of Schott Road, N51 011'22"E, 30.97 feet;thence Southeasterly, on a curve
to the left,having a radius of 4217.29 feet, an arc distance of 100.18 feet, (the chord of said
curve being S42 039'28"E, 100.18 feet); thence S54 000'52"E, 312.82 feet; thence S69°06'46"E,
295.06 feet; thence N63°22'06"E, 54.59 feet; thence N4°53'44"E, 147.06 feet to the POINT OF
BEGINNING.
Containing 2.29 acres.
-16-
{31559/63757; 178933.}
LEPAGE ROAD CUL-DE-SAC
NORMAL RIGHT-OF-WAY
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44 North, Range
11 West, Cole County, Missouri, and being situated in LePage's Subdivision of record in Plat
Book 6,page 3, Cole County Recorder's Office, more particularly described as follows:
From the southeast comer of the Southeast Quarter of the Southwest Quarter of the aforesaid
Section 22; thence N2°56'00"E, along the Quarter Section Line, 1177.73 feet to a point
intersecting the southerly line of the U.S. Highway 50/63 right-of-way; thence N75°45'25"W,
along said right-of-way line, 334.48 feet; thence N58°54'48"W, along said right-of-way line,
94.81 feet to the POINT OF BEGINNING for this description; thence S31°05'12"W, 48.20 feet;
thence Westerly, on a curve to the right,having a radius of 57.00 feet, an arc distance of 140.89
feet, (the chord of said curve being N80°3938"W, 107.66 feet); thence Northwesterly, on a curve
to the left, having a radius of 37.00 feet, an arc distance of 45.68 feet, (the chord of said curve
being N45°13'23"W, 42.84 feet) to a point intersecting the south line of a Public Right-of-way
known as LePage Road and said point being on the north line of Lot 2, Block No. 1 of LePage's
Subdivision of record in Plat Book 6,page 3, Cole County Recorder's Office; thence
S89°30'39"E, along the south line of said Lepage Road right-of-way and along the north line of
said Lot 2, Lot 1 and the easterly extension thereof, 153.14 feet to a point intersecting the
southerly line of the aforesaid U.S. Highway 50/63 right-of-way; thence S58°54'49"E, along said
U.S. Highway 50/63 right-of-way, 9.80 feet to the POINT OF BEGINNING.
Containing 0.18 of an acre.
-17-
(31559/63757; 178933.)
SCHOTT ROAD CONNECTION
NORMAL RIGHT-OF-WAY
Gertrude M. Sadler, %Gertrude Davis
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44 North, Range
11 West, Cole County, Missouri, situated in and being a part of Lots 18 and 19, and part of the
Public Road right-of-way known as Schott Road as shown and dedicated according to LePage's
2nd Subdivision of record in Plat Book 7, page 29, Cole County Recorder's Office, more
particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the aforesaid
Section 22; thence N89°49'28"W, along the Section Line, 826.54 feet
to a point in the approximate center of the Public Road known as Schott Road and said point
being on the easterly boundary of Lot 14 of LePage's 2nd Subdivision of record in Plat Book 7,
page 29, Cole County Recorder's Office; thence N 16°52'51"E, along the easterly boundary of
Lots 14, 15, 16 and 17 of said LePage's 2nd Subdivision,with the approximate center of said
Schott Road, 368.10 feet to the southeasterly corner of Lot 18 of said LePage's 2nd Subdivision
and the POINT OF BEGINNING for this description; thence N87°04'22"W, along the southerly
line of said Lot 18, 21.71 feet; thence N26°1 0'05"E, 122.38 feet to a point on the easterly
boundary of Lot 19 of said LePage's 2nd Subdivision and said point being in the approximate
center of the aforesaid Schott Road; thence, along the easterly boundary of said Lot 19 and the
aforesaid Lot 18 and along the approximate center of said Schott Road, the following courses:
Southerly, on a curve to the right,having a radius of 319.71 feet, an arc distance of 34.87 feet,
(the chord of said curve being S14°02'34"W, 34.85 feet); thence S17°10'01"W, 80.73 feet to the
POINT OF BEGINNING.
Containing 0.03 of an acre.
-18-
{31559/63757; 178933.)
SCHOTT ROAD CONNECTION
NORMAL RIGHT-OF-WAY
Sara Jean Stratman
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44 North, Range
11 West, Cole County, Missouri, situated in and being a part of Lots 21 and 22, and part of the
Public Road right-of-way known as Schott Road as shown and dedicated according to LePage's
2"d Subdivision of record in Plat Book 7, page 29, Cole County Recorder's Office, more
particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the aforesaid
Section 22; thence N89°49'28"W, along the Section Line, 826.54 feet
to a point in the approximate center of the Public Road known as Schott Road and said point
being on the easterly boundary of Lot 14 of LePage's 2"d Subdivision of record in Plat Book 7,
page 29, Cole County Recorder's Office; thence along the easterly boundary of Lots 14, 15, 16,
17, 18, 19, 20 and 21 of said LePage's 2"d Subdivision,with the approximate center of said
Schott Road, the following courses: N16°52'51"E, 368.10; thence N17°10'01"E, 80.73 feet;
thence Northerly, on a curve to the left, having a radius of 319.71 feet, an arc distance of 227.32
feet, (the chord of said curve being N3°12'08"W, 222.56 feet) to the southeasterly corner of Lot
21 of the aforesaid LePage's 2"d Subdivision; thence continuing Northerly, on a curve to the left,
having a radius of 319.71 feet, an arc distance of 7.45 feet, (the chord of said curve being
N24 014'20"W, 7.45 feet) to the POINT OF BEGINNING for this description; thence leaving the
easterly boundary of Lot 21, of the aforesaid LePage's 2"d Subdivision,Northwesterly, on a
curve to the right, having a radius of 840.00 feet, an arc distance of 127.43 feet, (the chord of
said curve being N50 103'34"W, 127.30 feet; thence N44017'1 I"E, 10.00 feet; thence
Northwesterly, on a curve to the right, having a radius of 830.00 feet, an arc distance of 7.31 feet,
(the chord of said curve being N45 027'41"W, 7.31 feet; thence Northwesterly, on a curve to the
right,having a radius of 4277.29 feet, an arc distance of 152.92 feet, (the chord of said curve
being N4401 1'06"W, 152.91 feet)to a point on the northerly line of Lot 22 of the aforesaid
LePage's 2"d Subdivision; thence S87°04'22"E, along the northerly line of said Lot 22, 39.86
feet to the northeasterly corner thereof and said corner being in the approximate center of the
aforesaid Schott Road; thence, along the easterly boundary of Lot 22 and the aforesaid Lot 21,
with the approximate center of said Schott Road, the following courses: S42 000'49"E, 164.59
feet; thence Southeasterly, on a curve to the right,having a radius of 319.71 feet, an arc distance
of 95.46 feet, (the chord of said curve being S33°27'37E, 95.10 feet to the POINT OF
BEGINNING.
Containing 0.15 of an acre.
-19-
(31559l63757; 178933.)
EXHIBIT B
TDD Cost Share Project on MO 50 in the City of Jefferson City, Cole County:
TDD contribution $5,248,065
State contribution $5,621,376
City of Jefferson $ 600,000
County of Cole $ 300,000
Total Project $11,769,441
Project Limits:
The Project begins at U.S. Route 50/63 station 171+04.15 which is approximately 100 feet west
of the intersection of Expressview Drive with U.S. Route 50/63. The Project ends at U.S. Route
50/63 station 241+58.91 which is approximately 1700 feet east of the intersection of Cityview
Drive with U.S. Route 50/63.
Project Scope:
Safety improvements including an interchange at City View Drive and Routes 50/63.
-20-
(31559/63757;178933.)
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No. 200713838
Bk 557 Pg 695
State of Missouri
Cole County
RECORDED
Dec 31, 2007
3:49:15 PM
Larry D. Rademan,
Recorder of Deeds
Fees $5J.00
F
D-epp�upt(4SW&J
WARRANTY DEED
This Warranty Deed made and entered into this A�d`a y of , 2007, by and
between David LePage,a single person,Thomas LePage and Gertrude LePage, and and wife,Pam
Wilson and Michael Wilson, wife and husband, Douglas Borgmeyer and Kathleen Borgmeyer,
husband and wife,and Terri Brune and Travis Brune,wife and husband,hereinafter collectively referred
to as"Grantor",and The City of Jefferson City,Missouri, a political subdivision,hereinafter referred to
as "Grantee". The mailing address of the first named of such Grantee
is 0 iFcx�� mcC,1�r �� � ���fs�rsn C:► tYti ,S�c���r�
WITNESSETH: The Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00)
and other valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, does
by these presents Grant, Bargain,and Sell, Convey and Confirm unto the Grantee the following described
lots,tracts or parcels of land lying,being and situated in the County of Cole and State of Missouri, to-wit:
An undivided 61.1/100 interest in the land described in EXHIBIT A.
Subject to covenants,conditions, easements, and restrictions of record.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining,unto the said Grantee and unto
its successors, and assigns FOREVER., the said Grantor hereby covenanting that they lawfully seized of
an indefeasible estate in fee in the premises herein conveyed;that they have good right to convey the same;
that the said premises are free and clear of any incumbrances done or suffered by them or those under
whom they claimed title; and that they will warrant and defend the title to said premises unto the said
Grantee,and unto its successors,and assigns forever,against the lawful claims and demands of all persons.
[signatures page to follow]
IN WITNESS WHEREOF, the said GRANTOR has hereunto set their hand or hands the day and
year first above written.
GRANTOR:
ID L. '.J- S. 1,�'d � 't'
David LePage
homas LePage
ertrude LePage
Pam Nilson
Aichael Wilson
atgK'I-
Dougla orgmeyer
zlo�
Kat leen Borgmeyer
JUn n-& Z , "
Terri Brune
Travis Brune
ACKNOWLEDGMENTS:
STATE OF MISSOURI )
) ss.
COUNTY OF COLE )
On this i q day of February, 2007, before me personally appeared David LePage, a single
person, to me known to be the person described in and who executed the within Warranty Deed, and
acknowledged to me that he executed the same as his free act and deed and for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and
year last above written.
Notary Public
Nance Printed:
�o 'p�6i';
SHERRY commission expires: =s MARIEA
_. . - Cote County
=: Seal Commission
Expires
Af, ?s�`�� August 2,2007
STATE OF MISSOURI )
) ss.
COUNTY OF COLE }
On this 15 day of February, 2007, before me personally appeared Thomas LePage and
Gertrude LePage,husband and wife, to me known to be the persons described in and who executed the
foregoing Warranty Deed and acknowledged that they executed the same as their free act and deed for the
purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand an:F7
eal, the day and
year last above written. <ZQ
Notary Public
Name Printed: Gr i c
My commission expires: oY. SHERRY A.MARIEA
_* Notary Cole County
A'-;Seal�oJC, MY Commission Expires
August 2,2007
STATE OF MISSOURI )
ss.
COUNTY OF COLE )
On this-fjA_ day of February, 2007, before me personally appeared Pam Wilson and Michael
Wilson,wife and husband, to me known to be the persons described in and who executed the foregoing
Warranty Deed and acknowledged that they executed the same as their free act and deed for the purposes
therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ficial seal,the day and
year last above written.
Notary Public
Name Printed:
o -Y.?Pe , SHERRY A.MARIEA
My commission expires: -. N0...- r•= Cole County
QJr Tres
r August 2,2007
STATE OF MISSOURI )
) ss.
COUNTY OF COLE )
On this jij&day of February, 2007, before me personally appeared Douglas Borgmeyer and
Kathleen Borgmeyer,husband and wife,to me known to be the persons described in and who executed
the foregoing Warranty Deed and acknowledged that they executed the same as their free act and deed for
the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and aff xe my official seal, the day and
year last above written.
Notary Public
Name Printed: Q
'o�asy PU6 SHERRY A.MARIEA
My commission expires: =. : Notary':
°;: rrlA G,,,,Rt,
Seal �c=
"s�rP•. •••oJC MY Commission Expires
"'A,f M;s``' August 2,2007
STATE OF MISSOURI )
) ss.
COUNTY OF COLE )
On this 15 day of February, 2007, before me personally appeared Terri Brune and Travis
Brune, wife and husband, to me known to be the persons described in and who executed the foregoing
Warranty Deed and acknowledged that they executed the same as their free act and deed for the purposes
therein stated.
IN WITNESS WHEREOF, I have hereunto set m and affixed y official seal, the day and
year last above written.
Notary Public
Name Printed: _r;
ota�Y.?o6 SHERRY A.MARIEA
My commission expires: 'Notary:°,: role County
Seal mac, My Commission Expires
`;pris�o', August 2,2007
EXHIBIT A
CITY VIEW DRIVE CONNECTION
LIMITED ACCESS RIGHT-OF-WAY
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44
North, Range 11 West, Cole County, Missouri, situated in and being a part of Tract E and
Tract F of LePage's Subdivision of record in Plat Book 6,page 3, Cole County
Recorder's Office, more particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the
aforesaid Section 22; thence N2°56'00"E, along the Quarter Section Line, 424.21 feet to
the POINT OF BEGINNING for this description; thence N80°41116"W, 154.44 feet;
thence N77°34'35"W, 169.22 feet; thence N4°53'44"E, 147.06 feet; thence N64°41'20"E,
227.48 feet; thence N31°28'17"W, 51.86 feet; thence N50°05'46"W, 117.75 feet; thence
N21°50'57"W, 48.92 feet; thence N2°18'25"E, 62.64 feet; thence N12°12'44"W, 154.35
feet; thence N7°42'09"W, 152.41 feet to a point intersecting the southerly line of the U.S.
Highway 50/63 right-of-way; thence S75°45'25"E, along said right-of-way line, 334.48
feet to a point intersecting the east line of the Southeast Quarter of the Southwest Quarter
of the aforesaid Section 22; thence S2°56'00"W, along the Quarter Section Line, 753.51
feet to the POINT OF BEGINNING.
Containing 4.64 acres.
Exhibit A, Page 1
SCHOTT ROAD CONNECTION
NORMAL RIGHT-OF-WAY
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22,Township 44
North,Range 11 West, Cole County, Missouri, situated in and being a part of Lots 10,
11, 12 and 13 of Block 1 and in Tract F and G of LePage's Subdivision of record in Plat
Book 6, page 3, and part of the Public Road right-of-way known as Schott Road as
shown and dedicated according to LePage's 2nd Subdivision of record in Plat Book 7,
page 29, Cole County Recorder's Office,more particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the
aforesaid Section 22; thence N2°56'00"E, along the Quarter Section Line, 424.21 feet;
thence N80°41'16"W, 154.44 feet; thence N77°34'35"W, 169.22 feet to the POINT OF
BEGINNING for this description; thence S82°45'46"W, 78.84 feet; thence N73°49'28"W,
192.55 feet; thence N62°28'27"W, 27.32 feet;thence S26°10'05"W, 249.91 feet; thence
Southerly, on a curve to the left,having a radius of 469.99 feet, an arc distance of 75.68
feet, (the chord of said curve being S21°33'19"W, 75.60 feet); thence S16°56'33"W,
10.10 feet; thence N73°03'27"W, 29.75 feet to a point in the approximate center of the
Public Road known as Schott Road and said point being on the easterly boundary of Lot
16 of LePage's 2nd Subdivision of record in Plat Book 7,page 29, Cole County
Recorder's Office; thence, along the easterly boundary of Lots 16, 17, 18, 19, 20, 21, 22,
and 23 of said LePage's 2 Subdivision,being in the approximate center of said Schott
Road, the following courses: N16°52'51"E, 113.88 feet; thence N17'10'01"E, 80.73 feet;
thence on a curve to the left, having a radius of 319.71 feet, an arc distance of 330.23
feet, (the chord of said curve being N12°25'24"W, 315.74 feet); thence N42°00'49"W,
282.80 feet; thence leaving the easterly boundary of the aforesaid Lot 23 of LePage's 2"
Subdivision and the approximate center of Schott Road,N51°11'22"E, 30.97 feet; thence
Southeasterly, on a curve to the left,having a radius of 4217.29 feet, an arc distance of
100.18 feet, (the chord of said curve being S42°3928"E, 100.18 feet); thence
S54°00'52"E, 312.82 feet; thence S69°06'46"E, 295.06 feet; thence N63°22'06"E, 54.59
feet; thence N4°5344"E, 147.06 feet to the POINT OF BEGINNING.
Containing 2.29 acres.
Exhibit A, Page 2
SCHOTT ROAD CONNECTION
TEMPORARY CONSTRUCTION EASEMENT
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22,Township 44
North, Range 11 West, Cole County, Missouri, situated in and being a part of Tract F and
G of LePage's Subdivision of record in Plat Book 6, page 3, and part of the Public Road
right-of-way known as Schott Road as shown and dedicated according to LePage's 2"
Subdivision of record in Plat Book 7, page 29, Cole County Recorder's Office, more
particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the
aforesaid Section 22; thence N2°56'00"E, along the Quarter Section Line,424.21 feet;
thence N80°41'1 6"W, 154.44 feet; thence N77°34'35"W, 169.22 feet; thence
S82°45'46"W, 78.84 feet; thence N73°49'28"W, 122.19 feet to the POINT OF
BEGINNING for this description; thence S25°00'15"W, 167.11 feet; thence
S71°10'05"W, 28.28 feet; thence S35°05'56"W, 134.43 feet; thence S25°3949"W, 99.47
feet; thence S27°33'44"W, 81.39 feet; thence S54°55'24"W, 63.43 feet; thence
N73°07'09"W, 15.49 feet to a point in the approximate center of Schott Road and said
point being on the easterly boundary of Lot 14 of LePage's 2"d Subdivision of record in
Plat Book 7, page 29, Cole County Recorder's Office; thence N16°52'51"E, along the
easterly boundary of Lot 14, 15 and 16 of LePage's 2"d Subdivision,being the
approximate center of Schott Road, 210.02 feet; thence S73°03'27"E,29.75 feet; thence
N16°56'33"E, 10.10 feet; thence Northerly, on a curve to the right,having a radius of
469.99 feet, an arc distance of 75.68 feet(the chord of said curve being N21'33'19"E,
75.60 feet); thence N26°10'05"E, 249.91 feet; thence S62°28'27"E, 27.32 feet; thence
S73°49'28"E, 70.36 feet to the POINT OF BEGINNING.
Exhibit A, Page 3
LEPAGE ROAD CUL-DE-SAC
NORMAL RIGHT-OF-WAY
John H. LePage, Et'ai.
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44
North, Range 11 West, Cole County,Missouri, and being situated in LePage's
Subdivision of record in Plat Book 6, page 3, Cole County Recorder's Office, more
particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the
aforesaid Section 22; thence N2°56'00"E, along the Quarter Section Line, 1177.73 feet to
a point intersecting the southerly line of the U.S. Highway 50/63 right-of-way; thence
N75°45'25"W, along said right-of-way line, 334.48 feet; thence N58°54'48"W, along said
right-of-way line, 94.81 feet to the POINT OF BEGINNING for this description; thence
S31-05'1 TV,48.20 feet; thence Westerly, on a curve to the right, having a radius of
57.00 feet, an arc distance of 140.89 feet, (the chord of said curve being N80°39'38"W,
107.66 feet); thence Northwesterly, on a curve to the left,having a radius of 37.00 feet,
an arc distance of 45.68 feet, (the chord of said curve being N45°13'23"W, 42.84 feet) to
a point intersecting the south line of a Public Right-of-way known as LePage Road and
said point being on the north line of Lot 2, Block No. 1 of LePage's Subdivision of
record in Plat Book 6, page 3, Cole County Recorder's Office; thence S89°30'39"E, along
the south line of said Lepage Road right-of-way and along the north line of said Lot 2,
Lot I and the easterly extension thereof, 153.14 feet to a point intersecting the southerly
line of the aforesaid U.S. Highway 50/63 right-of-way; thence S58°5449"E, along said
U.S. Highway 50/63 right-of-way, 9.80 feet to the POINT OF BEGINNING.
Containing 0.18 of an acre.
Exhibit A, Page 4
LEPAGE ROAD CUL-DE-SAC
TEMPORARY CONSTRUCTION EASEMENT
John H. LePage, Et'al.
Part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 44
North, Range 11 West, Cole County, Missouri, and being situated in LePage's
Subdivision of record in Plat Book 6,page 3, Cole County Recorder's Office, more
particularly described as follows:
From the southeast corner of the Southeast Quarter of the Southwest Quarter of the
aforesaid Section 22; thence N2°56'00"E, along the Quarter Section Line, 1177.73 feet to
a point intersecting the southerly line of the U.S. Highway 50/63 right-of-way; thence
N75°45'25"W, along said right-of-way line, 334.48 feet; thence N58°54'48"W, along said
right-of-way line, 94.81 feet; thence S31*05'1 TV, 18.55 feet to the POINT OF
BEGINNING for this description; thence S7°51'06"W, 26.35 feet; thence S27°37'1 8"W,
66.75 feet; thence S57°39'57"W, 64.03 feet; thence N67°18'09"W, 62.13 feet; thence
N8°58'34"W, 119.35 feet to a point intersecting the south line of a Public Right-of-way
known as LePage Road and said point being on the north line of Lot 2, Block No. 1 of
LePage's Subdivision of record in Plat Book 6,page 3, Cole County Recorder's Office;
thence S89°30'39"E, along the south line of said Lepage Road right-of-way and along the
north line of said Lot 2, 12.64 feet; thence Southeasterly, on a curve to the right, having a
radius of 37.00 feet, an arc distance of 45.68 feet, (the chord of said curve being
S45-13'23"E, 42.84 feet); thence Easterly, on a curve to the left, having a radius of 57.00
feet, an arc distance of 140.89 feet, (the chord of said curve being S80°39'38"E, 107.66
feet; thence N31°05'12"E, 29.65 feet to the POINT OF BEGINNING.
Exhibit A, Page 5