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
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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.
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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:
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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.
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Section 5. This ordinance shall take effect and be in force
from and after its passage and approval.
PASSED: APPROVED:
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P e i ent of the Council or
ATTEST: .
City Cte k
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