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Home My Public Portal AboutORD09741 SILL NO. INTRODUCED BY COUNCILMAN n� �,,x,.2�,_,_ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN CONTRACT WITH THE BOARD OF CURATORS OF LINCOLN UNIVERSITY FOR THE EXCHANGE OF LANDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: SECTION 1. The Mayor and Clerk of the )City are hereby authorized and directed, for and in behalf of the City, to execute a written contract with the Curators of Lincoln University for the exchange of lands. SECTION 2. Said contract shall read in words and figures as per the attached contract which is incorporated herein by this reference and made a part hereof. SECTION 3. This Ordinance shall take effect and be in force from and after its passage and approval. ' Passe d e �,,, 1 ,, is. 19$A. Approved JF CZ�-�-- CyresixTent of thflV Council May ATTEST: Ci Clerk CONTRACT FOR EXCHANGE OF LAND WHEREAS, the City of Jefferson, Missouri (hereinafter "City) , desires to improve its airport and insure adequate space for fu- ture improvement and expansion; and, WHEREAS, the Board of Curators of Lincoln University (herein- after "Lincoln" ) are the owners of certain lands needed by City to insure adequate space for present and future airport improvement and expansion; and, WHEREAS, Lincoln has carefully assessed its educational ob- jectives as these objectives relate to the City's need and has de- termined that all needs and objectives can be met; NOW, THEREFORE, Lincoln and City hereby agree to and contract for the exchange of certain lands according to the following condi- tions and provisions: 1. LANDS TO BE EXCHANGED. The City hereby agrees to convey to Lincoln the land described in Exhibit 1 as Tract "D" and Tract "F. " Tract "D" and Tract t°F" are further described on Exhibit 2 and Exhibit 3, respectively. In return for the lands above described, Lincoln agrees to convey to City the lands described on Exhibit 1 as Tract "A" and Tract "B. " Tract "A" and Tract "B" are further described on Ex- ;e hibit 4 and Exhibit 5, respectively. In addition, Lincoln agrees to grant and convey to the City, its successors and assigns, an Air Navigation Easement for the benefit of the general public at large. This easement will give a right of way for the free unobstructed passage of air craft, by whomsoever owned or operated, in and through the air space over and across those parts of Lincoln's land as described on Exhibit 1 as Parcel "H" and further described on Exhibit 6. The air space in which the said easement and right of way is granted shall be that which lies thirty-five' (35) feet above the ground elevation of 546.00 Mean Sea Level. The said easement and right of way will • include a continuing right to keep air space above the aforesaid heights free and clear from any fences, crops, trees, poles, buildings, and other obstructions of any kind or nature whatsoever which now extend, or which may at any time in the future extend, above the aforesaid heights of land, together with the right of in- gress to, egress from, and passage over, land owned by Lincoln Uni- versity and described on the attached Exhibit 1 as Parcel "H, " for the purpose of effecting and maintaining such clearance and of re- moving any and all obstructions which now or may hereafter extend above said heights. Said right of entry shall only be exercised after reasonable written notice in advance is given Lincoln Univer- sity stating the purpose and time said entry will be made. 2. TERM. The City shall have five (5) years from and after the complete execution by both parties of this Agreement to submit ® the Notice to Lincoln specified in paragraph 3 of this contract. 3. NOTICE. When City is ready, willing, and able to proceed with the exchange of lands, City shall notify Lincoln in writing. Lincoln's receipt of such notification shall toll the contract dead- line. All notices to Lincoln under this contract shall be addressed to: Office of the President, Lincoln University, Jefferson City, Missouri 65101. 4. CLOSING. Closing shall occur within ninety (90) days of notification by the City unless good cause shall be shown by either party that the closing period needs to be extended. "Good cause" shall mean the curing of any title defect, or the completion of any other act necessary to put each party in complete and lawful possession of the described lands according to the conditions set out herein. "Closing" shall mean the date upon which all legal documents necessary to vest title for the exchanged land in City and Lincoln are executed. The parties agree to convey by General Warranty Deed. As a condition precedent to closing, the City shall, prior to the scheduled date for closing, provide Lincoln at City's option with either an abstract of title updated no earlier than 30 days before closing, or a policy of title insurance, which abstract or title insurance covers all property to be conveyed to Lincoln • by the City, and which evidences that the City possesses clear title in that property for the purpose of conveying same under -2- this contract. Upon receipt of the notice specified in paragraph 3 above, Lincoln shall provide City with Lincoln's existing ab- stract of title, which shall be updated or supplemented by City at City's own cost. 5. CONDITIONS TO BE MET BY CITY. The City agrees to the following conditions: (a) Pump and Well. Lincoln's present irrigation well and pump is on land to be conveyed to City. After the "closing" referenced in this contract, City agrees to replace the present irrigation well and pump with a new well and pump at a site to be designated by Lincoln, on any of Lincoln's property adjacent to the City airport property. The well and pump so replaced shall be of Amok the same or similar quality and cost (as adjusted for increases in costs) as the present well and pump. The selection of the type and model of pump will be made by Lincoln, subject to the approval of the City. The new well and pump shall be installed within ninety (90) days after closing, or as soon as is permitted by weather con- ditions. City will retain and own the existing well and pump on the property conveyed to the City by Lincoln, which property is described on Exhibit 1 as Tract "A. " This well and pump will be used by Lincoln in accordance with paragraph 5(b) . (b) Agriculture Lease. Up and until construction .on the Instrument Landing System (ILS) is completed, Lincoln shall be al- lowed to farm City's airport land described on Exhibit 1 as Tract "A" and Tract "E, " subject to this Agreement and to the extent this property is not used by City for any other purpose, with no rental payment due from Lincoln. However, if the installation of the ILS shall be delayed for more than one year from the date of closing, City may require reasonable rental payments of Lincoln. While Lincoln farms any or all of Tract "A" or Tract "E, " City agrees to allow Lincoln free use of the well and pump located on said City airport land, and City shall only remove said well or pump if necessary for the operation of the airport. • On the completion of the construction of the ILS, or upon City's determination of delay, and in consideration of -3- Lincoln's stewardship of City lands, City shall grant Lincoln a first option to lease the aforesaid City airport properties avail- able for agriculture. Should City and Lincoln fail to reasonably agree to the terms of an agricultural lease, the City may utilize said lands as it deems appropriate. In any such rental or lease by Lincoln of City airport lands, the City shall not charge rental in excess of a reasonable rate as determined by comparison with similar proximate agricultural lands. (c) Spring Planting. If the closing, as herein de- scribed, shall occur after spring planting shall have occurred, and regardless of anything herein to the contrary, Lincoln shall have the right to farm these crops and shall harvest said crops ® so planted and shall own said crops free and clear. If, however, the City so utilizes the land conveyed by Lincoln to City in such a manner, that the farming of this land or the harvest of these crops by Lincoln is not possible, the City will pay Lincoln the reasonable market value of the crops being grown on said land. 6. CONDITIONS TO BE MET BY BOTH PARTIES. Each party agrees that at all times prior to closing, it shall care for the lands to be conveyed to the other as is reasonable and appropriate, and fur- ther agrees to care for the land as is normal and prudent. Said care shall include weed control, maintenance on all access roads, and drainage ditches. 7. LEGAL RECOURSE FOR BREACH. In the case of an alleged breach of contract, the party's only legal recourse shall be for specific performance of this contract. The parties mutually re- lease each other from all claims for damages, including actual and consequential damages. 8. IMPOSSIBILITY OF PERFORMANCE. It is understood that as a prerequisite to the conveyance and exchange of lands as described hereinabove, the City must first acquire the tracts of land desig- nated on Exhibit 1 as Tract "D, " Tract "E, " and Tract "F" from third parties who are not parties to this contract. Should the City determine that it has become impossible for City to acquire said Tract "D," Tract "E, " or Tract "F, " thus rendering impossible -4- the performance of this contract by the City, the City shall notify Lincoln in writing of that fact within thirty (30) days of this de- ® termination, and upon Lincoln's receipt of the said written notifica- tion, this contract shall be void and unenforceable. IN WITNESS WHEREOF, the parties hereto execute this agreement. BOARD OF CURATORS LINCOLN UNIVERSITY CITY OF JEFFERSON B By President ayor Date Date 310 z�v ® ATTEST: ATTEST: ' _ Secretary C ty Clerk , I -5- a;� • • � - •• •• � ~ 1511• tl,�� !i!� " ' S IWM to !� _ :� � �• " � ,� �:± � 1 111 �....� _ •_-- •-_..' !II1111 .!!�!1!,,.,.,.ni.dl'1�• !.•1•I 1 !! �l !1� S! 11 11!!! (!1!f� t __ I'• S I CM ui w E'XIIXBXT 2 TRACT "D" . (38.17 Acres) CERTIFICATION: This is to certify that I, Lonny D. Allen, L.S., have executed a survey of the tract of land shown hereon and that the results 1 of said survey are correctly shown hereon. LEGAL DESCRIPTION: A tract of land located in the north half of Section 23, Township 44 North, Range 11 West, Callaway County, Missouri , more particularly described as follows: Beginning at the northwest corner of said Section 23; thence S 84°57117" E, along the Section Line, 1171 .18 feet to the north .right-of-way line of "MISSOURI ROUTE SD", (Old Missouri State 'Route 94) , and the true point of beginning; thence continuing S 84°57117" E, along the Section Line, 345.01 feet; thence S 61 032121" E, 1991 .90 feet; thence S 77 047'59" E, 1280.41 ® feet; thence N 05 004153" E, 949.85 feet to the Section Line; thence S 84° 55'07" E, along the Section Line, 728.75 feet to the northeast corner of said Section 23; thence S 04 035'36" W, along the Section Line, 1378.08 feet to the north 'right-of-way line of said "MISSOURI ROUTE SD"; thence along said north right-of-way line, N 77 047'59" W, 1132.45 feet; thence leaving said right-of-way line N 00°47'59" W, 225.0 feet; thence N 810 48'59" W, 240.0 feet; thence S. 17 027101" W, 145.72 feet returning to said north right-of-way- line; thence along said right-of=way line the following courses; thence N 65 029128" W, on a curve to the right, said curve having a radius of 1408.65 feet, and an arc length of 17.36 feet; thence N 64°47' 06" W, 1241 .0 .feet; thence on a curve to the *right, said curve having a 'radius of 5613.98 feet, and an arc length of 548.84 feet; thence N 59°11 ' 01" W, 1198.85 feet to the true point of beginning. Said tract containing 38.17 acres, more or less. low • �• Lo ny Al L.S. ' L.S. #1670 April 3, 1981 81-18 . SXHXBIT 3 • TRACT "F" (67.28 Acres) CERTIFICATION: This is to certify that I, Lonny D. Allen, L:S. , have executed a survey of the tract of land shown hereon and that the results of said survey are correctly shown hereon. LEGAL DESCRIPTION: A tract of land located in the Southeast Quarter of Section 14, Township 44 North, Range 11 West, Callaway County, Missouri , more particularly described as follows: Beginning at the southwest corner of said Southeast Quarter; thence S 84° 55107" E, along the Section Line 726.79 feet to the 'true point of beginning; thence continuing S 84 055107" E, along said Section Line, 1915.53 feet to the southeast corner of said Southeast Quarter; thence N 04 041142" E, along the Section Line, 1526.89 feet; thence N 84 055101" W, 1923.36 feet; thence S 04 024'05" W, 1526:96 feet to the true point of beginning. Said tract containing 67.28 acres, more or les Lonny D. Al n L. . L.S. #1670 Apri 1 3, 1981 81-18 J BXHXBXT 4 TRACT "A ® (99.53 Acres) - CERTIFICATION: rhis is to cert;fy that I,- Lonny D. Allen, L.S„ have executed a survey of the tract of land shown hereon and that the *results -off •said survey are correctly shown hereon. ' LEGAL DESCRIPTION: A tract of land located in the Southwest Quarter of Section 14, Township 44 North, Range 11 West, Callaway County; Missouri , more particularly described as follows: • I Beginning at the southwest corner of said Section 14; thence N 04 054'17" E, along the Section Line, 566.11 feet to the north right-of,=way line of "MISSOURI ROUTE SD", (Old Missouri State Route 94) , and the true point of beginning; thence continuing N 04 054'17" E, along the Section Line, 791 .31 feet to the southwesterly corner of a tract as described in Book 245 at Page 235, Callaway County Recorder's Office; thence S 54 057130" E, 1 ,539.25 feet to the southeasterly corner thereof; thence 4 35 002130" E, 1 ,000.0 feet to the northeasterly corner thereof; thence N 54 057130" W, 2,119.79 ® feet to the Section Line, and the northwesterly corner of said tract; thence leaving said tract N 04°54117" ,E, along the Section Line, 140.59 feet to the northwest corner of said Southwest Quarter; thence S 85 007110" E, along the ,quarter section line, 2,678.11 feet to the northeast corner of said South- west Quarter; thence S 04 024105" W, along' the quarter section line, 2,662.17 feet to the southeast corner of said Southwest Quarter; thence N 84°57'17" W, along the Section Line, 699.09 feet; thence N 46 025'39" W, 153.98 feet; thence N 54 057'30" W, 1 ,175.49 -feet; thence N 85 005'43" W, 805.59 feet; thence S 04°54' 17" W, 144.51 feet to the north right-of-way line of said "MISSOURI ROUTE SD"; thence N 59 011 '01" W, along said north right-of-way line, 66.71 feet to the true point of beginning. ' Said tract containing 99.53-acres; more or less. Lonny D. 11 n, L.S. L.S. #167 April 2, 981 81-18 ' SXNSDST 5 TRACT "B" . • (5.92 Acres) CERTIFICATION: This is to certify that I, Lonny D. Allen, L.S. , have executed a survey of the tract of land shown hereon and that the results of said survey are correctly shown hereon. LEGAL DESCRIPTION: A tract of land located in the Southwest Quarter of Section 14, Township 44 North, Range 11 West, Callaway County, Missouri , more particularly described as follows: Beginning at the southwest corner of said Section 14; thence N 04°54'17" E; along the Section Line, 499.41 feet to the south right-of-way line of "MISSOURI ROUTE SD", (Old Missouri State Route 94) ; thence S 59°11 '01" E, ®along said south •right-of-way line, 1 ,148.65 feet to the Section Line; thence leaving said south right-of-way line, and along' said Section Line, N 84 057'17" W, 1 ,033.18 feet to the point of beginning. Said tract containing 5.92 acres, more or les Lonny D. Ale L.S. L.S. #167 April 2, 981 81-18 EXNXBXT E PARCEL "H" (Easement) CERTIFICATION: This is to certify that I, Lonny D. Allen, L.S., have executed a survey of the tract of land shown hereon and that the results of said survey are correctly shown hereon. LEGAL DESCRIPTION: A tract of land located in the north half of Section •23, Township 44 North, Range 11 West, Callaway County, Missouri, more particularly described as follows: Beginning at the northwest corner of the* Northeast Quarter of said Section 23; thence S 84 055'07" E, along the Section Line, 87.26 feet; thence S 350 02130" W, 495.24 feet; thence N 46 025139" W, 688.67 feet to the Section Line; thence S 84°57117" E, along the Section Line, 699.09 feet to the point of beginning. Said tract c taining 3.87 acres, more or less. Lofiny D. Al L.S. L.S. #1670 April 3, 1981 81-18