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Home My Public Portal AboutORD08718 B ILL NO. INTRODUCED BY COUNCILMAN =Milo 2W ORDINANCE NO. .�1.�, TO REPEAL ORDINANCE NO. 8711 PASSED BY THE COUNCIL MARCH 3, 19759 AND SIGNED BY THE MAYOR MARCH 4, 1975, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY AND THE CITY CLERK OF SAID CITY TO EXECUTE ON BEHALF OF THE CITY A DEED CONVEYING CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT TO THE STATE OF MISSOURI BECAUSE THE DESCRIPTION IN THE DEED WAS NOT CORRECT AND ENACT IN LIEU THEREOF AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING. THE MAYOR OF THE CITY AND THE CITY CLERK OF SAID CITY TO EXECUTE ON BEHALF OF THE CITY A DEED CONVEYING CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT TO THE STATE OF MISSOURI CONTAINING A CORRECT DESCRIPTION IN THE DEED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Ordinance No. 8711 passed by the Council on March 3, 1975, and signed by the Mayor March 4, 1975, is hereby repealed for the reason that the description contained in the deed was not correct and enacting in lieu thereof the following Ordinance. Section 2. The Mayor and the City Clerk of the City of Jefferson, Missouri, are hereby authorized and directed for and in the name of the City to execute a deed conveying certain described property at the Jefferson City Memorial Airport to the State of Missouri for the construction of a National Guard Aviation Support Facility. Section 3. Said deed shall read in words and figures as follows : r 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, Party of the First Part, in consideration of One Dollar ($1.00) and other valuable considerations to be paid by the State of Missouri, Office of the Adjutant General, Jefferson City, Missouri 65101, Party of the Second Part, the receipt of which is hereby acknowledged, and by virtue and pursuant to an Ordinance of the City Council of said- Party of the First Part, does, by these presents, Grant, Bargain, Sell, Convey and Confirm unto the said Party of the Second Part its successors and assigns, 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 line of said New Madrid Private Survey No. 2638, 1229. 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 road- way and utility easement to be used by the Party of the First Part, its successors and assigns and is more particularly described as follows : The most Northerly 50 feet and the most Easterly 50 feet of the above described tract. The Party of the First Part also grants to the Party of the Second Part an easement to be used for the purpose of air- craft parking and for the construction of an aircraft taxi- way, and 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, 1779.70 feet to the point of beginning of this description; thence continuing South 4 degrees 10 minutes East, 100 feet; thence South 83 degrees 03 minutes West, 1170.83 feet; thence South 6 degrees 57 minutes East, 412.50 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, 414.35 feet; thence North 64 degrees 24 minutes West, 280.65 feet; thence North 25 degrees 36 minutes East, 100 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. r TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto be- longing, or in anywise appertaining unto the said Party of the Second Part, and unto its successors and assigns forever. The said Party of the First Part 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 encumbrance done or suffered b it or those under whom it claims and that it will. Warrant and Y , Defend the title of the said premises unto the said Party of the Second Part, 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 Party of the Second Part 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 within five (5) years of the date of this conveyance the real property herein- before conveyed shall be conveyed by the Second Party, its suc- cessors 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 continously maintained and operated for military purposes, except that in the event Second Party, its successors and assigns fail to maintain and operate said premises for military purposes for a period of twenty-five (25) years then in that event title to said real property hereinbefore described with all improvements thereon shall be conveyed by Party of the Second Part, its successors and assigns to the Party of the First Part. (3) That the City of Jefferson, Missouri, Party of the First Part, reserves unto itself, its Memorial Airport Com ission, 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 described, together with the right to cause in said air space such noise as may be inherent in the operation of aircraft, now known or here- after used, for navigation of or flight in the air 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 Party of the Second Part 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 of aircraft at the Jefferson City Memorial Airport, or otherwise constitute an airport hazard. (5) That the Party of the Second Part expressly agrees for itself, its succesors 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 transition 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 Party of the Second Part, its successors and assigns will not make use of the premises hereinabove described in such a manner as to create electrical 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. IN WITNESS WHEREOF, the City of Jefferson, Missouri, the said Party of the First Part, 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 JEFFERSON, MISSOURI a Muni Corporation Recommended by By Airport Commission Mayor y- Chairman ATTEST: )City Clerk APPROVED AS TO FORM: City Attorney STATE OF MISSOURI ) COUNTY OF COLE ) n this day of , 1975, before me appeared to me personally known, who being by me duly sworn, did ay 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 acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City, the day and year first above written. Notary Public My commission expires /2; Zt t� 9Y a,¢ Section 4. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: APPROVED:-, s dent of a ouncii Mayor ATT EST: City Cl rk