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HomeMy Public PortalAboutORD08711 BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO ' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, 'AUTHORIZING AND DIRECT- ING THE MAYOR OF THE CITY AND THE CITY CLERK OF SAID CITY TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT WITH THE ADJUTANT GENERAL OF THE STATE OF MISSOURI, AND TO EXECUTE ON BEHALF OF THE CITY, A DEED CONVEYING CERTAIN REAL PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT TO THE STATE OF MISSOURI. BE ST ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: City Section 1. The Mayor and the • c y y Clerk of the City of Jeffer- son,, Missouri, are hereby authorized and directed, for and in the name of the City, to execute an agreement with the Adjutant General of the State of Missouri on behalf of the Missouri National Guard. Section 2. Said agreement shall read as follows: AM i l ' AGREEMENT BETWEEN THE CITY OF JEFFERSON,- MISSOURI, AND THE ADJUTANT GENERAL OF THE STATE OF MISSOURI ON BEHALF OF THE MISSOURI NATIONAL GUARD This agreement is entered into between the City of Jefferson, Missouri (hereinafter referred to as City), and the Adjutant General of the State of Missouri on behalf of the Missouri National Guard (herein- after referred to as the Adjutant General) . WITNESSETH: In consideration of the mutual covenants and agreements herein- after set forth, it is agreed: 1. The City shall, subject to the approval of the Federal Aviation Administration, convey to the Governor of the State of Missouri, Aft currently CHRISTOPHER S. BOND, and his successors in office, certain real propertyr to which the City has merchantable title, located at the Jeffer- son City Memorial Airport and more particularly described in the Warranty Deed attached hereto and made part hereof. The City shall deliver to the Adjutant General an abstract of title to said property, prepared and certi- fied to date by a competent abstractor showing merchantable title of re- cord in the City. 2. The Adjutant General will cause (subject to the availability of appropriations therefor (state or federal)) to be constructed on said property a National Guard aviation support facility. This facility will conform to the restrictions expressed' in the deed. 3. - The City will cause to be constructed without cost to the State of Missouri. or the Adjutant General a pressure force main sewer line from the sewer system of the City to said property. The Adjutant General agrees, subject to the availability of appropriations therefor (state or federal) to construct a pumping station to pump sewage from the property into the sewer line to be constructed by the City. 4. The parties agree to cooperate in arranging for natural gas (if available) , water, electric and telephone services to be provided to .t,, . . the property. The utilities provided will be paid for by the user at the rates established by the particular supplier. ;i Section 3. The Mayor and the City Clerk of the City of Jeffer- song Missouri, are hereby authorized and directed, for and in the name of the Cityg to execute a deed conveying certain described property at the Jefferson City Memorial Airport to the State of Missouri for construction thereon of a National Guard Aviation Support Facility. Such conveyance shall be subject to approval of the Federal Aviation Administration. Section 4. Said deed shall read,in words and figures as follows: c . 7 � Sl 4 O Yf sa t ' 11tH' •. ,. / r 5. The Adjutant General agrees that the City may use the fifty (50) foot roadway and utility easement on the northerly portion and the easterly portion of the property which is more particularly described in the deed. The City agrees to construct and maintain the roadway without cost to the State of Missouri or to the Adjutant General. b. The Adjutant General agrees subject to the availability of appropriations therefor (state or federal) to construct on said property . a building to house a fire-crash vehicle. The Adjutant General will further provide and maintain, subject to availability of appropriations therefor and equipment at this location, a fire-crash vehicle. This fire-crash vehicle will be available and will be manned by personnel of the Missouri. National Guard during normal working hours and during drill periods to pro- vide mutual support for fire-crash operations on the Jefferson City Memo- rial Airport and the National Guard aviation support facility. 7. When the National Guard aviation support facility, including the fire-crash equipment, is available on the Jefferson City Memorial Airport, the parties will enter into a procedural agreement for the operation of said equipment on the Jefferson City Memorial Airport in coordination with the Jefferson City Memorial Airport Commission and the Jefferson City Fire Department. This Agreement is signed and entered into by the parties on the dates indicated below, and the parties have signed four (4) copies thereof, each copy to be considered an original. CITY OF JEFFERSON, MISSOURI By Ma r Dated: /1 THE ADJUTANT GENERAL OF THE STATE OF MIISSOURI ON BEHALF OF THE MISSOURI ' NATIONAL GUARD Adjutant General Dsteda 1 . / i WARRANTY DEED KNOW ALL MEN'BY THESE PRESENTS, That the City of Jefferson, of the County of Cole in the State of Missouri, a Municipal Corporation, organized and existing under the laws of the State of Missouri (hereinafter' referred to as the City) in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, and by virtue and pursuant to an Ordinance of the City Council of said City does, by these presents, Grant, Bargain, Sell, Convey and Confirm unto the Governor of the State of Missouri, currently Christopher S. Bond, and his successors in office, and its successors and assigns (hereinafter referred to as the State) the following described lots, tracts or parcels of land, lying, being and situate in the County of Callaway and State of Missouri, to wit: A tract of land being part of New Madrid- Private Survey No. 2638, Callaway County, Missouri, more particularly described as follows: From the Northeast corner of said New Madrid Private Survey No. 2638; thence South 4 degrees 10 minutes East along the east lime of said New Madrid Private Survey No. 2638, 2408.7 feet to the point of beginning of this description; thence continuing South 4 degrees 10 minutes East, 550 feet; thence South 83 degrees 03 minutes West, 1178.3 feet; thence North 64 degrees 24 minutes West, 254.9 feet; thence North 4 degrees 10 minutes West, 412.6 feet; thence North 83 degrees 03 minutes East, 1400.0 feet to the point of beginning. Said tract contains 17.31 acres. The above described tract is subject to a 50 foot wide roadway and utility easement to be used by the City, its successors or assigns and is more particularly described as follows: Ask The most Northerly 50 feet and the most Easterly 50 feet of the above described tract. The City also grants to the State an easement to be used for the purpose of aircraft parking and for the construction of an air- craft taxiway, aad said easement being part of New Madrid Private Survey No. 2638, Callaway County, Missouri, is more particularly described as follows: From the Northeast corner of said New Madrid Private Survey No. 2638; thence South 4 degrees 10 minutes East along the east line of said New Madrid Private Survey No. 2638, 2958.7 feet to the point of beginning of this description; thence continuing South 4 degrees 10 minutes East, 180 feet; thence South 83 degrees 03 minutes West, 1170.83 feet; thence South 6 degrees 57 minutes East, 332.50 feet to the Northeast corner of runway extension 8-26; thence Westerly along the North edge of runway extension 8-26, 40 feet; thence North 6 degrees 57 minutes West 319.45 feet; thence North 64 degrees 24 minutes West, 331.71 feet; thence North 25 degrees 36 minutes East, 180 feet; thence South 64 degrees 24 minutes East, 254.9 feet; thence North 83 degrees 03 minutes East, 1178.73 feet to the point of beginning. 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 State and unto its successors and assigns forever. The City hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises herein conveyed, that it has good right to convey the same; that the said premises are free and clear of any 'encum- brance done or suffered by it or those under whom it claims, and that it will Warrant and Defend the title to the said premises unto the State and unto its successors and assigns forever, against the lawful claims and demands of all persons whomsoever, subject to the following conditions: (1) The conveyance of this real property is subject to the condition that the State expressly agrees for itself, its successors and assigns, that the real property herein conveyed is to be used for the construction thereon of a National Guard Aviation Support Facility and if said facility is not constructed upon the property herein conveyed with-. in five (S) years of the date of this conveyance the real property herein- before conveyed shall be conveyed by the State, subject to the approval and authorization of the General Assembly, its successors and assigns to the City of Jefferson, Missouri. (2) That after said premises have been put into operation as a National Guard Aviation Support Facility, said premises shall be continu- ously maintained and operated for military purposes, for a period of twenty-five (25) years. In the event the State, its successors and assigns,. fail to maintain and operate said premises for military purposes for a pe- riod of twenty-five (25) years then title to said real property herein- before described with all improvements thereon shall be conveyed by the State, subject to the approval and authorization of the General Assembly, its successors and assigns, to the City of Jefferson, Missouri. (3) That the City of Jefferson, Missouri, reserves unto itself, its Memorial Airport Commission, its successors, and assigns, for the use and benefit of the public, -a right-of-flight for the passage of aircraft In the air space above the surface of the real property hereinbefore de- Scribed, together with the right to cause in said air space such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the air space, and for use of said air k space, and for use of said air space for landing on, taking off from or operating on the Jefferson City Memorial Airport. (4) That the State expressly agrees for itself, its successors and assigns, to prevent any use of the hereinabove described real property which would interfere with landing or taking off at the Jefferson City Memorial Airport, or otherwise constitute an airport hazard. (5) That the State expressly agrees for itself, its successor and assigns to restrict the height of structures, objects of natural growth and other obstructions over the surface of the property hereinabove described to heights as not to exceed the heights specified in the tran- sition zones as outlined in the official airport lay-out plan of the Jefferson City Memorial Airport on record at the F.A.A. Regional Office in Kansas City, Missouri, and the office of the Airport Manager at the Jefferson City Memorial Airport. (6) That the State, its successors and assigns will not make use of the premises hereinabove described in such a manner as to create elec- trical interference with radio communications between aircraft and ground stations, make it difficult for operators of aircraft to distinguish between lights on the Jefferson City Memorial Airport intended for aid in landing or taking off thereat, or in aerial navigation, and other lights resulting in glare to the eyes of the operators of aircraft using the Airport, impair visibility or otherwise make hazardous the landing or take off of aircraft at the Airport, or the maneuvering of aircraft in connection with such landings or take offs. INWITNESS WHEREOF, the City of Jefferson, Missouri, has caused these presents to be signed by its Mayor and attested by the Clerk of said City of Jefferson and its municipal seal to be affixed, this - day of 1975. CITY OF JEFFE SON, MISSOURI a icipal orporatdon BY Recommended by Airport Commission By: irman ATTEST: APPROVED AS TO FORM: City Cler • City Attorney L STATE OF MISSOURI ) COUNTY OF COLE ) On this day of , 1975, before me appeared JOHN G. CHRISTY, to me personally known, who being by me duly'sworn, did say that he is the Mayor of Jefferson City, Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said Jefferson City, and that said instrument was signed and sealed in behalf of said City by and with the authority of its Council; and JOHN G. CHRISTY acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed __-=y,::official seal at my office in Jefferson City, the day and year first above written. +'K Notary Public ' ti My commission expires �"`f� Lc(7 e •,1' M k� f 7 } F Section 5. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: APPROVED: r- P e i ent of the Council or ATTEST: . City Cte k ho rye.. +l ��i