HomeMy Public PortalAboutORD09622 BILL NO.
INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK ON BEHALF OF SAID CITY TO
EXECUTE A DEED TO CERTAIN REAL PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The City Council of the City of Jefferson, Mis-
souri, hereby declares it necessary, reasonable and proper to
sell and convey the following described real property to the
Cosmopolitan Club of Jefferson City, Missouri, Inc. :
The south 1720 links of the east half of the
southeast fractional quarter of section 20, Town-
ship 44, of Range 11, containing 36 acres, more
or less.
Also a parcel of land, located in the south-
west quarter of Section 21, Township 44, Range 11,
more particularly described as follows: Commencing
at the southwest corner of Section 21 easterly
along the southerly line of Section 21,6. 56 feet,
thence north 24 degrees East 38.75 feet, thence
north 24 degrees 37 minutes 30 seconds East 196.70
feet, thence north 14 degrees 53 minutes East
95. 72 feet, thence north 0 degrees 15 minutes 30
seconds East 83. 45 feet, thence north 11 degrees `4
8 minutes West 160. 76 feet, thence north 4 degrees
25 minutes East 104. 13 feet, thence north 16 de-
grees 24 minutes East 148.1 feet, thence north 3
degrees 47 minutes East 73.37 feet, thence south
83 degrees 22 minutes 11 seconds west 240. 53 feet
to the westerly line of Section 21, thence southerly
along the westerly line of Section 21 to the point
of beginning.
® Also the use of a strip of land 20 feet wide
for road purposes, running thru the north part of
the east half of the southeast quarter of Section
20, Township 44, Range 11, as described in deeds
recorded in the Recorder' s Office for Cole County,
Missouri, in Book 9, at pages 200 and 201.
Section 2. The Mayor and Clerk of the City of Jefferson,
Missouri, are hereby authorized and directed, for and in the name
of the City, to execute a warranty deed conveying the above-
described real property to the Cosmopolitan Club of Jefferson
City, Missouri, Inc. , for the purchase price of thirty-five
thousand dollars ($35, 000. 00) to be paid $5, 000. 00 as down pay-
ment and a note and deed of trust in favor of the City of Jef-
ferson in the amount of $30, 000. 00 to be paid $2, 000. 00 per
year principal and without interest, provided however, that the
real property conveyed shall not be used for commercial pur-
poses, shall be used as an overnight camp ground for organized
youth groups and other not-for-profit organizations such as
the Boy Scouts, Girl Scouts and other similar organizations,
that the City of Jefferson Police Department shall continue
to have the use of the firing range on said property through
the end of the year 1982, that the City of Jefferson, Missouri
shall have the right to repurchase said property upon the viola-
tion of any of the foregoing conditions by the giving of thirty
days' notice in writing and payment of the sum of 25% less than
the appraised market value at the time of any exercise of the
right to repurchase, and that the City of Jefferson, Missouri
® shall have the option to repurchase any part or all of said
property upon being notified by the Cosmopolitan Club of Jeffer-
son City, Missouri, Inc. that any part or all of said property
is being offered for sale by tendering to the Cosmopolitan Club
a sum equal to 25% less than the appraised market value of that
part or all of the property offered for sale.
Section 3. The Mayor and Clerk of the City of Jefferson,
Missouri, are hereby authorized and directed, for and in the `
name of the City, to execute an agreement with the Cosmopolitan
Club of Jefferson City, Missouri, Inc. , which agreement shall be
® recordable in form and shall more fully set forth the covenants,
restrictions and agreements provided in Section 2 above.
Section 4. This ordinance shall be in full force and effect
-from and after its passage and approval.
Passed ,�-� Approved Z �
the Counc /'Mayor e Har o g
1'.hetest e
;.`.�•C ,:Cl r i by Tihen
f.::• P,�a uscr, 'ed and sworn to before me this 22nd day of April , , 1981.
��'��.'�' flJlt.ttY '. �• c
C; t'.'• _2_ RANDALL WALTZ , Not ry• Public
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2408 I '.
'STATE OF,MISSOUR)
COUNTY OF COLE
Flied for record-=day 0F."
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David R e Ne RECORDf3t
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:,Lucille. A. Vieth
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A G R E E M E N T
This Agreement, entered into this _11AI_11A day of ,
1981, by and between The City of Jefferson, Missouri, Aeinafter
referred to as the "CITY" , and the Cosmopolitan Club of Jefferson
City, Missouri, Inc. , hereinafter referred to as "COSMO CLUB" ,
as follows:
1. The City hereby agrees to sell to the Cosmo Club and
the Cosmo Club hereby agrees to purchase from the City, in con-
sideration of the purchase price of thirty-five thousand dollars,
the following described parcel of land located in Cole County,
Missouri, more particularly described as follows:
The south 1720 links of the east half of the
southeast fractional quarter of section 20, Town-
ship 44, of Range 11, containing 36 acres, more
or less.
Also a parcel of land, located in the south-
west quarter of Section 21, Township 44, Range 11,
more particularly described as follows: Commencing
at the southwest corner of Section 21 easterly
along the southerly line of Section 21, 6. 56 feet,
thence north 24 degrees East 38. 75 feet, thence
north 24 degrees 37 minutes 30 seconds East 196.70
feet, thence north 14 degrees 53 minutes East
95. 72 feet, thence north 0 degrees 15 minutes 30
seconds East 83. 45 feet, thence north 11 degrees
8 minutes west 160.76 feet, thence north 4 degrees
25 minutes East 104.13 feet, thence north 16 de-
grees 24 minutes East 148. 1 feet, thence north 3
degrees 47 minutes East 73. 37 feet, thence south
83 degrees 22 minutes 11 seconds west 240. 53 feet
to the westerly line of Section 21, thence southerly
® along the westerly line of Section 21 to the point
of beginning.
Also the use of a strip of land 20 feet wide
for road purposes, running thru the north part of
i the east half of the southeast quarter of Section
20, Township 44, Range 11, as described in deeds
recorded in the Recorder' s Office for Cole County,
Missouri, in Book 9, at pages 200 and 201.
2. The consideration for the purchase of the aforesaid
M real estate shall be by a down payment of five thousand dollars
($5,000) on or before the 1st day of June, 1981 and a payment
of two thousand dollars ($2, 000) on or before the lst day of
June of each year thereafter until a total of thirty-five
thousand dollars ($35, 000) has been paid, which indebtedness
shall be secured by a note and deed of trust executed by the
Cosmo Club in favor of the City, and which note shall further
be without interest.
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3. It is expressly understood and agreed that the follow-
ing restrictive uses, covenants and options shall apply to the
aforesaid purchase and shall run with the land so long as same
is owned by the Cosmopolitan Club of Jefferson City, Missouri,
Inc. , as follows:
(a) The property shall be used and operated by
the Cosmo Club as a camp ground, known at Camp Timber
Acres, for the use and enjoyment by organized youth
groups such as, but not limited to, the Boy Scouts,
Girl Scouts, YMCA, City Park Board youth groups, and
other not-for-profit organizations and clubs under
such guidelines as are adopted by the Cosmo Club
consistent with the intent of this provision that the
land be used for "public" purposes.
(b) The land shall not be used for private com-
mercial purposes or profit making enterprises.
(c) Organized youth groups shall receive prefer-
ence in reservations for the use of the camp ground
under guidelines as set forth by the Cosmo Club.
(d) The Jefferson City Police Department shall
have the use of the area known as the firing range,
with full ingress and egress, at all times until
December 31, 1982, provided however, that the Jeffer-
son City Police Department will use its best efforts
' to advise the Cosmo Club in advance of its scheduled
use of the firing range so as not to substantially
interfere with the Cosmo Club's use of the premises,
provided further, that failure of the Jefferson City
Police Department to notify the Cosmo Club of the
intended use of the firing range shall not waive
its right to use such range unless doing so will for
' that time period only interfere with or endanger
members of any organized youth group actually using
• said land at the time of any unscheduled police use.
The use of the firing range by the Jefferson City
Police Department may be extended by mutual agree-
ment between the Chief of Police and the Cosmo Club
`" -2-
and any such extensions shall be without charge or
fee to the City or the Police Department.
(e) The Cosmo Club shall not rent or license
the use of the land to any individuals or groups who
intend to utilize same for any commercial or profit
making purposes or for purely social purposes where
alcohol is served or entertainment provided.
4. Upon clear breach of any of the restrictions or cove-
nants in paragraph 2 above, the City shall have the right to
exercise an option to purchase, which is hereby granted to the
City in consideration of the financing agreements and other valu-
able consideration, by providing the Cosmo Club 30 days' notice
in writing and tendering to the Cosmo Club the sum equal to the
appraised market value of the land at the time -of any breach of
the aforesaid, less 25%. The Cosmo Club shall thereupon deliver
its quit-claim deed to the City and vacate the premises.
5. In the event the Cosmo Club shall elect to grant,
bargain, sell or convey the above-described real estate or any
portion thereof, the City shall have the option to repurchase
any portion thereof offered for sale, to the exclusion of any
other prospective purchaser, at a price equal to the appraised
fair market value less 25%, which repurchase option shall be
® exercised in writing within 60 days after receiving notice from
the Cosmo Club of its intention to sell. If a formal tender
by the City is not made within 60 days thereafter, the Cosmo
Y Club may sell any part or all of the described real estate on
the open market without restriction; provided however, the prop-
erty shall not be subdivided for any commercial or residential
subdivision without express written permission and authority
from the City by duly enacted ordinance or resolution by the
City Council.
6. This Agreement is entered into and executed after con-
sideration and favorable vote by the City Council of the City of
Jefferson, Missouri and by the membership of the Cosmopolitan
•
t Club of Jefferson City, Missouri, Inc. , as evidenced by the
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signature of the chief executive officer of each organization,
and both parties intend that they, their successors and assigns
be fully bound hereby.
CITY OF JEFFERSON, MISSOURI COSMOPOLITAN CLUB OF JEFFERSON
CITY, MISSOURI, INC.
es d t of the CoWncil President, Daniel W. Ramlow
orge Hartsfiffild
a or eorge ar a Secretary, Du Muck
C t7i'
brk Libby Tihen
Ji
, up and sworn to before me this vZ� day of April , 1981.
ANDALL WALTZ, Notar Public
C.E. 1/22/83
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STATE OF MISSOUM, 1
COUNTY OF COLE
filed for record 22dtir oF�,r, .,��,��
of—I. -lock and 5.5.,--Minutes
nwarded In Book
—26.5jo'ge x_57 i
V].d R Hemp .,,.,RECORDER
DFJ'UYY.
Lucille A. Vieth
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$9000' Pd
Calf for INDEXED
-4- COMPARED
PROMISSORY NOTE
This Note made and executed this 23rd day of April ,
1981, for value received, the Cosmopolitan Club of Jefferson
City, Missouri, Inc. promises to pay to the order of the City of
Jefferson, Missouri the sum of thirty-five thousand dollars
($35, 000) negotiable and payable at the offices of the City
Clerk, City Hall, Jefferson City, Missouri 65101, or such other
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' place as may be designated in writing by the payee, without de-
falcation or discount, and without interest or other charge
thereon, payable five thousand dollars ($5, 000) on or before June
1, 1981 and annual payments thereafter of two thousand dollars
($2, 000) each, payable on or before the first day of June of
each year until fully paid and liquidated.
If default be made in the payment of any installment and
said installment remains overdue and unpaid, then the remaining
principal balance shall become immediately due and payable at
the option of the holder of this note. Privilege is given of
making prepayment.
This Note is secured by a Deed of Trust dated the 2
day of t/! , 1981 as recorded in Page 16 , Book 662 of
the records of the Recorder of Deeds of Cole County, Missouri.
The makers, sureties, endorsers and guarantors of this
Note, if any, severally waive presentment or payment, notice of
non-payment, protest, and notice of protest and diligence in
bringing suit against any party hereto, and consent that time of
payment may be extended without notice thereof; and further
severally agree that in case payment of this Note shall not be
made at maturity, whether by acceleration or otherwise, and the
same is placed in the hands of an attorney for collection, to
pay the costs of collecting this Note including a reasonable
attorney's fee.
This note described in instrument bearing serial President, cosmopolitan Club of
n r..2,-,1 ....filed for efferson City, Missour' , Inc.
r record this.......
.day Dar�1 1 W. R 1 w
o •-• :��Y........_.., 191i., was presented to 71
me and is identified as one of the instruments
described in and secured by said deed of trust. Secretary, Cesm politan Club of
Jefferson City, Missouri, Inc.
DAVID R. NEWSAM, Recorder of Deeds Duane S. !duck
by •
Deputy
NOTE IDENTIFIED?iaY 22�—]Q81
DAVID R. NE SAM, Recorder of nee.
Ily. r��G!f /_._- _ -_.. Deputy
u ii . ieth
DEED OF TRUST
This Dred, made and entered Into this _ _23rd___ day -ApY'3L-.._- _____ A.D., 19 Sl
d between _______The_Cosmopolitan_C.lub_of_seff.ers on_.City,_.Miss ours'....-In-C.,
of the County of . . -lMD1.@.- --- and Stale of 8.$O�lr�.._,__._.._�______ par1__1_ _ of the First Part,
William._W.._Quigg
of the County of —.---Qol State of Missouri� _ — party of the Second Part,
and rehe y-of-,T ffe=on., _Mi_-Souri
of the County of CCL r' - Slate of Missouri_ -Party of the Third Part:
WITNESSETH,That the said pares yI of the First Part,in consideration of the Debt And Trust hereinafter mentioned And created,and the
sum of One Dollar to it paid by the said party of the Second Part,the receipt of which is hereby acknowledged, do by
these presents Grant,Bargain and Sell,Convey and Confirm,unto the said party of the Second Part,the following described Real Estate,situate,
lying and Being in the County of Cole, and the Stale of Missouri, to-wit:
The south 1720 links of the east half of the southeast fractional quarter of
Section 20, Township 44, of Range 11, containing 36 acres, more or less.
Also a parcel of land, located in the southwest quarter of Section 21,
Township 44, Range 11, more particularly described as follows: Commencing at
the southwest corner of Section 21 easterly along the southerly line of Section
21, 6.56 feet, thence north 24 degrees East 38.75 feet, thence north 24 degrees
37 minutes 30 seconds East 196.70 feet, thence north 14 degrees 53 minutes
East 95.72 feet, thence north 0 degrees 15 minutes 30 seconds East 83.45 feet,
thence north 11 degrees 8 minutes West 160.76 feet, thence north 4 degrees
25 minutes East 104.13 feet, thence north 16 degrees 24 minutes East 148.1 feet,
thence north 3 degrees 47 minutes East 73.37 feet, thence south 83 degrees 22
minutes 11 seconds west 240.53 feet to the westerly line of Section 21, thence
southerly along the westerly line of Section 21 to the point of beginning.
Also the use of a strip of land' 20 feet wide for road purposes, running thru
the north part of the east half of the southeast quarter of Section 20, Township
44, Range 11, as described in deeds recorded in the Recorder's Office for Cole
County, Missouri, in Book 9, at pages 200 and 201.
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40 HAVE AND TO HOLD THE SAME, with the appurtenances,to the party of the Second Part, and to his successor or successors in this
Trust, and to him and his grantees and assigns, forever, in Trust, however, for The following purposes: Whereas
The Cosmopolitan Club of Jefferson City, Missouri. Inc.
the said part V of the First Part ham_ this day made, executed and delivered to the part of the Third Part
i tG Promissory Note of even dale herewith,by which -promise S to pay to the said
r-i ty of Tuff rson, Missouri or order, for value
received Thirty-fi vP heusand not 1 a a anti no cents ($35,000-00)---------------- DOLLARS.
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NOW TI F:RF.FORF:, If the stotd part Y _ .-. of the First Porl,or anyone fur it .. . shall well and frilly pay oaf land discharge
the debt and Inleresl r4prr%sed In till-said "tile and every part Ihervlf when Ihl- %tonne het noes(list. and payahle according to Ihr true
tenor, date anti effect of +aid note. . __ .. .. and If the sold part y tit Ihr HF4I I'arl 4111111 link, all In%e% anti a%%essroenl%, general and
spacial,and prior enr,umhrancl-s and liens of every onfore against the Bald properly when date, kety► Ihr huHding lhereon Insured ugaln%f loss or
damage by fire In Ihr sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXi,xNK {{�
and ngainsl loss or dnmagit by tornado in the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
for the benefit of Ihr'Third fart _y_--.. ... ., in good and reliable companies fair Ihe period of this loan,tluvl this deed%hall bl-void anti file properly
herein can veyed %h ill l fie rl-lensl-d at Ihr. cost of the said pnri y __._..._of Itie First I'arl,but should the Filial Part y____-h4l or refuse top e
said debt,or the said Inlerrst,or any part thereof,when the %nine al- any pnrl thereof shall hrcome due and payable.,then the whole of%al 1
shall become due and payable.,or if said First Parl_y_._..__shall fail or refuse. In pay said Inxes and assessments,general and special,or sold prior
encumbrances and liens of every nature when due.,or keep up said Insurance,the part .y___.....of the Third Part may pay taxes,assessments,print
encumbrances and liens and keep up said Insuranne;and all such sums ski expended shall become a dehl disc in o ldillon In the note_—
and interest aforesaid, and he secured In like manner by this Irusi deed and bear inlcra%l of the trite of eight per cent per annum,and all sums
hereby secured shall be and thereupon at once become due and payable,and this deed shall remain in force;and the said party of the.Second Part,
or in case of his absence,death, refusal.lo act, or disability In any wise,the (then) acting Sheriff of Cole Cuunly, Missouri,at the request of the
legal holder of said note may proceed to sell the properly hereinbefore described,or tiny part thereof, at public vendue,to the highest
bidder, at the Court House door fronting on High Street, in the City of Jefferson, Cuunly of Cole, Slate of Missouri, fur cash, first giving
t•h i rte( f�,(11_ —days'public notice of the time.,terns and place of sale,and property to be sold,by advertisement In some newspaper
printed and published in the County of Cole,and upon such stile shall execule and deliver it deed in fee simple of the properly%laid tat purchaser ar
purchasers thereof, and receive the proceeds of said sale; end tiny statement of facts or recital by said Trustee_ in relation to the non-
payment of the money secured to be paid,the ndverlisennent,sole,receipt of money and the execution of the deed to the purchaser—_shall
be received as prima facie evidence of such facts; and such Trustee shall,out of the proceeds of said sale,pay,first,the cost and ex-
penses of executing this trust, including legal compensation to the Trustee for his service, next, attorney fees,and next whatever may
have been expended as aforesaid,by the said party _of the Third Part,with interest thereon;and next he shall apply the proceeds remaining
over to the payment of said debt and interest, or so much thereof as remains unpaid; and the ren►ainder, if any, shall be paid to the said part
fit_of the First Part or _ -a i-g: legal representative And the said party of the Second Part covenants faithfully to perform and
fulfill the trust herein created, not being liable or responsible for any mischance occasioned by others.
j IN WITNESS WHEREOF, The said parties have hereunto set their hands and seal the day and year first above written.
THE .OSMOPOLITAN CLU OF JEFFERSO
CI , "IOU C it• •
I
D W.
i Duane S.,..Mu k
t
' STATE OF MISSOURI `
y as.
County of Cole I
7
On this 23rd day of April 19 Al before me personally appeared
�. Daniel W. Ramlow, President and Duane Muck, Secretary of The Cosmo,P4litan C11ib
i of Jefferson City, Missouri, Inc.
;y to me known to be the person S described in and who executed the foregoing instrument and acknowledged that they
executed the same as their tree act and deed.3f/Itrci6COG]iXXX
M XWONMAIlwaiK xtat�6xxtrggltxaoli>4lmasel4ir�dx
IN TEST 'ONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City —
Missouri
S. CLORIAETTA BEASLEY
the day and year first above written.
" NOTARY PUBLIC STATE OF MISSOURI
My commission expires C01 F C(ll1NTY 19
My Commits'-i 7 �:T-s 12,
Iq
C.
l •i,; S. Cloriaetta Beasley
•f NNME$,MU5T,9V*TYPED OR PRINTED UNDER ALL SIGNATURES)
STATE OF MISSOURI ss Document No. 2411 t
County of Cole f
i 1,the undersigned Recorder of Deeds for said County and State do hereby certify that the foregoing instrument of writing was filed for record
in my office on the _ 22 day of — 19 81 al 2 o'clock and _QQ_ minutes
.R-DM., and is truly recorded in Book 167 page __66_2
Witness my hand and official seal on the day and year aforesaid.
DAVID R. NEWSABL Recorder
, t z�
By Deputy
Lucille A. Vieth
$5.25 Pd. S
Call for
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w.C9NTRJAL Pmmy o ro. D 1,nrn