HomeMy Public PortalAboutORD13806 BILL NO. 2004-89
SPONSORED BY COUNCILMAN Councilman Kenneth Ferquson
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ORDINANCE NO. (�.? �-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ,JEFFERSON, MISSOURI AND
THE JEFFERSON CITY AREA CHAMBER OF COMMERCE GOVERNING THE
DEVELOPMENT OF PROPERTY LOCATED SOUTH OF WEST EDGEWOOD DRIVE.
WHEREAS, numerous improvements were previously installed with the West Edgewood
project; and
WHEREAS, certain improvements, such as the extension of Wildwood Drive south of West
Edgewood, a major street a depicted on the City's Thoroughfare Plan, would
benefit the entire community;
NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. A Development Agreement with the Jefferson City Area Chamber of
Commerce is hereby approved.
Section 2. The Development Agreement shall be substantially the same in form and
content as that agreement attached hereto as Exhibit A.
Section 3. The Mayor and City Clerk are hereby authorized to execute the necessary
documents.
Passed: Approved:
f � / l J'
Presiding Officer Mayor w
ATTEST: APPROVED A TO FORM:
City Clerk City Counselor
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0 ELC)I Mt.N l AGR.CCMI..NT
THIS DEVEI.OPMEN'1' AGRI,'EMIi',N'I' ("Agreement") entered into this 1 , day of
�1 iC 2004 by and between the City v('.lcfter;avn , Missouri, 320 East McCarty, Jcf'fcrson
City Missouri, 65101, a municipal corporation, hereinafter r•efrrrcd to as "City," and The
,Jefferson City Area Chamber of Commerce, 210 Adanls Street, Jefferson City, MO 65101,
hcrcinafler referred to as "Chamber."
WI`I'NESSE-11-1:
WIIEREAS, Chamber intends to develop or offer for development for commercial uses
a parcel or parcels of property located south of West Edgewood Drive in Jefferson City, Cole
County, Missouri which property is more particularly described on Attachment 1, attached hereto
(the "Property"); and
WHEREAS, pursuant to the laws and ordinances governing land use planning in the
City, the City has requested that the Chamber plat the entire development of the property; and
WHEREAS, the City may enter into agreements from tirrrc to time to ensure the orderly
development of'prvperty in and around the City; anti
® WHEREAS, the Chamber and the City desire to enter an agreement by which to
facilitate the orderly development of the property.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the
City and Chamber do hereby covenant and agree as follows:
1. Extension of Wildwood Drive, At its own cost and expense, City agrees to
extend Wildwood Drive as an arterial street southerly from its present termination at West
Edgewood through the Chamber property for the distance and in the other dimensions depicted
on Attachment 2 (sometimes hereinafter referred to as the "Plat").
2. Chamber to Convey Contiguous Rights of Way. Prior to construction of' the
extension, tile Chamber, at no cost to the City, shall transfer to the City by dedication or other
conveyance those portions of the Property as shown by the Plat (Attachment 2), needed for
purposes of a) the extension of Wildwood Drive and other right of way on each side thereof; and
b) any construction and permanent casements for installation, construction and maintenance of
box culvert(s), sidewalks, the span over streams or creeks or any other improvements, the form
of the dedication or other conveyance to be approved by the City in advance. Such conveyance
shall include all casements and rights of way as shown by the Plat (Attachment 2).
3. Chamber to Convey Utility Easements. The Chamber agrees that it will, by
casement or other conveyance, dedicate, grant or transfer at ito cost to the City, or to gas,
electric, telephone, water or other utilities, rights over or in so much of the Property to install,
extend, operate and maintain facilities required to serve the development located within platted
I20' right ofway.
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4. Mitigation of Riparian Rights. In the event the Chamber cr the City is required
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by any court or governmental agency with jurisdiction thereof to construct devices or structures
by which to mitigate any purported damage to local creeks or streams in connection with the
extension of Wildwood Drive, City agrees that such devices or structures shall be, to the extent
possible, constructed on City property only.
5. Access by Surveyors and Engineers. The Chamber agrees that it will provide
the City, its authorized agents, contractors and employees access to the Property for purposes of
conducting surveys, taking soil samples and engineering studies.
6. (Designation of Access Points. nic City will designate access points on the
extension of Wildwood Drive. Any access points will be a minimum of 250 feet from the south
curb line as shown by the Plat (Attachment 2). The designation may be relied upon by Chamber
in marketing or planning for development of the property.
7. Construction of Site Improvements. City's principle obligation under this
Agreement is the construction of the extension to Wildwood Drive. At its own expense, the
Chamber or developer will provide and construct the site improvements including, but not
necessarily limited to, waterlines, fire hydrants, storm drains, water and sewer main extensions
or other utility extensions.
8. Covenant Running with the Land. The provisions of this agreement shall be
binding on the parties agents, assigns, and successors in interest, provided however that nothing
in this paragraph shall be construed as requiring a successor in interest to less than the full
property to perform any work or fulfill any obligation except those which apply to the parcel that
such successor owns. The promises and covenants herein shall run with the Property and shall
be construed as real covenants running with the land.
9. Severable Provisions. Any illegal or unenforceable provision of this Agreement
will be severed herefrom and will not render invalid the remaining provisions ofthis Agreement.
IN WITNESS WHEREOF, the Parties have set their hands the date written above.
CITY OF-.II FFERSON THE JEFFERSON CI'T'Y AREA
Ile CHAMBER OF COMMERCE
Tite
Ma ,�
ATTES'r:
City Clefk
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APP v RM;
City Counselor
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Attachment A-1
Property Description for C.C. West Subdivision, Section Two
13ro)crt Descrirtion for Lot 2
Part of the Northwest Quarter of the Northeast Quarter of Section 16, 'Township 44
North, Range 12 West, in the City or.1cfferson, C"olc County, Missouri, more particularly
described as follows: From the southwest corner of the Northeast Quarter of' the
Northwest Quarter of said Section 16; thence N6'00'22"W, along the Quarter Quarter
Section Line, 1141.72 feet to the southern boundary of Westpoint Estates, Section 3, as
per plat of record in Plat Book 12, page fib, Cole County Recorder's Oflicc; thence
N74 159'38"T?, along the southern boundary of said Westpoint Estates, Section 3, and
continuing along the southern boundary of Westpoint Estates, Section 2, as per plat of
record in Plat Book 11, page 831, Cole County Recorder's Office, 1200.00 feet; thence
N83°34'21"E, along the southern boundary of said Westpoint f;states, Section 2, 679.26
feet to a corner on the southern boundary thereof; thence SO°57'21"f , along said
boundary, 160.00 feet; thence S85°21'48"E, along said boundary, 60.20 feet to the
southwest corner of Lot 4 of said Westpoint [,'-states, Section 2, and said point being on
the easterly line of the Harper's Ferry right-of-way of record in Book 447, page 261, Cole
County Recorder's Office and the POINT OF' BEGINNING for this description; thence
continuing S85'2 1'48"E, along the southern boundary of said Westpoint Estates, Section
2 and along the southern boundary of' CC West Subdivision, of record in Plat Book 11,
page 817, Cole County Recorder's Office, 839.71 feet to the westerly line of' the
Wildwood Drive right-of-way, of record in Book 3,15, page 062, Cole County Recorder's
Office; thence Southerly, along said right-of-way line, on a curve to the left, having a
radius or 2904.89 feet, an arc distance of 1 19.10 feet, (the chord of said curve being
S0 02646"E, 119.10 feet); thence S1°37'15"E, along said right-of-way line, 280.92 feet to
the northern line of the West Edgewood Drive right-of-way, irf record in Book 428, page
712, Cole County Recorder's Office; thence; Westerly, along the northern line of said
West Edgewood Drive right-of-way, the following courses: S43°48'24"W, 28.07 feet;
thence Westerly, oil a curve to the right, having a radius ot'2018.48 feet, an arc distance
of 242.51 feet, (the chord of said curve being N87°02'26"W, 242.36 feet); thence
N83 035'55"W, 186.07 feet, thence N86'27'39"W, 140.17 feet; thence N60"31'02"W
292.36 feet; thence NO°57'2 I"W, along and leaving said West Edgewood Drive right-of-
way line and continuing along the L,asterly line of the albresaid I larpers Ferry right-of-
Nvay line, 302.28 feet to the POINT OF BEGINNING.
Prop fLy Ejscri tion for Lot 3
Part of the Northwest Quartcr of the Northeast Quarter, and part of the Northeast Quarter
of the Northwest Quarter of Section 16, Township 44 North, Range 12 West, in the City
of Jefferson, Cole County, Missouri, more particularly described as 161lows:
From the southwest corner of the Northeast Quarter of the Northwest Quarter of said
Section 16; thence N6"00'22"W, along the Quarter Quarter Section Line, 875.91 feet to
the northerly line of the West Edgewood Drive right-of-way, of record in Book 428, page
712, Cole County Recorder's Office and the POINT OF BEGINNING for this
description; thence continuing N6°00'22"W, along the Quarter Quarter Section Line,
265,81 feet to the southern boundary of Westpoint Estates, Section 3, as per plat of'record
in Plat Book 12, page 66, Cole County Recorder's Office; thence N74°59'38"E, along the
southern boundary of' said Westpoint flstates, Section 3, and continuing along the
southern boundary of Westpoint Estates, Section 2, as per plat of*record in Plat hook 11,
• page 831, Cole County Recorder's Office, 1200.00 feet; thence N83°34'2I"E, along the
southern boundary of' said Westpoint Estates, Section 2, 679.26 feet to a corner on the
southern boundary thereof; thence S0"57'21"E, along said boundary, and continuing
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along the westerly line of the I-farpers Ferry Road right-of-way, of recd :1 in Book 447,
page 261, Cole County Recorder's office and along the northern line :_: the aforesaid
West Edgewood Drive right-of-way, of record in Book 428, page 712, 518.16 feet;
thence Westerly, along the northern line of said West Edgewood Drive right-of-way, the
following; courses: S59°22'31"W, 192,32 Icet; thence S82°47'40"W, 1442.83 feet;
thence Westerly, on a curve to the left, having a radius of 1472.39 feet, an arc distance of
121.74 feet, (the chord of said curve being; S80°25'33"W, 121.71 feet); thence
N 11056'34'W, 185.00 feet; thence S76°03'26"W, 61.49 feet to the POINT OF
BEGINNING.
Property _Description for Lots 4 ,_ 5, 6 and Wildwood
Extension
Part of the Northwest Quarter of the Northeast Quarter, and part of the Northeast Quarter
of the Northwest Quarter of Section 16, Township 44 North, Range 12 West, in the City
of Jefferson, Cole County, Missouri, more particularly described as follows:
BEGINNING at the southwest corner of the Northeast Quarter of the Northwest Quarter
of said Section 16; thence N6°00'22"W, along the Quarter Quarter Section Line, 405.90
feet to the southerly line of the West Edgewood Drive right-of-way, of record in Book
428, page 712, Cale County Recorder's Office; thence along said West Edgewood Drive
right-of-way line the following courses: N88°24'33"E, 86.92 feet; thence N58°58'44"E,
188.93 feet; thence N82°47'40"E;, 640.00 feet; thence N7°12'20"W, 150.00 feet; thence
N82 047'40"E, 522.94 feet to a point on the east line of the Northwest Quarter of the
aforesaid Section 16; thence S5 158'09"l , along the Quarter Section Line, 228.55 feet;
thence N56°59'10"E, 191.78 feet; thence Easterly, on a curve to the right, having a radius
of 1724.86 feet, an are distance of 409.63 feet, (the chord of said curve being;
• N89 035'53"E, 408.67 feet); thence S83°35'55"E, 401.85 feet; thence Easterly, on a curve
to the left, having; a radius of 2268.48 feet, an arc distance of 467.95 feet, (the chord of
said curve being; S89°30'29"E, 467.12 feet) to a point on the cast line of the Northwest
Quarter of the Northeast Quarter of the aforesaid Section 16; thence, leaving said West
Edgewood Drive right-of-way line, S6°32'21"E, along the Quarter Quarter Section Line,
333.50 feet to the southeast corner of the Northwest Quarter of the Northeast Quarter of
said Section 16; thence S84°01'26"W, along; the Quarter Quarter Section Line, 1437.54
feet to the southeast corner of the Northeast Quarter of the Northwest Quarter of said
Section 16; thence S83°59'23"W, along the Quarter Quarter Section line, 1417.00 feet to
the POINT' OF BEGINNING.
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