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HomeMy Public PortalAboutORD15797 SUBSTITUTE #1 BILL NO. 2018-011 SPONSORED BY Councilman Schreiber ORDINANCE NO. j519i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR SALE OF REAL ESTATE WITH THE STATE OF MISSOURI. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a contract for sale of real estate with the State of Missouri. Section 2. The contract for sale of real estate shall be substantially the same in form and content as that contract attached hereto as Attachment 1. Section 3. The Mayor, City Clerk, City Administrator, and City Counselor are hereby authorized to execute all other necessary instruments and appurtenant documents to carry out the intent of this ordinance and complete the conveyance of real estate contemplated in the contract for sale of real estate attached hereto as Attachment 1. Section 4. Section 2 of Resolution 2017-17 to add the following voting members to the Missouri State Penitentiary Community Partners: • Sarah Steelman, Commissioner, Office of Administration, State of Missouri or their duly appointed designee. • James R. McAdams, General Counsel, Office of Administration, State of Missouri or their duly appointed designee. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: LW/aAd LI, AO/g' Approved: cA.a(id/ 00/� 0,1MACe: ( rk/V1,Ci--�- ,,tty, • Presiding Officer6,(471. Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City C.un -lor SUBSTITUTE #1 Attachment 1 State of Missouri Cole County Ralph C.Bray Jr,Recorder of Deeds RECORDED Book: 688 Page: 555 Receipt#: 319382 Total Fees:$54.01 Reception: 201805262 Pages Recorded: 11 0.-S Date Recorded: 6/13/2018 1:42:37 PM °A1:30 C6 krin:EAL"."14 ,gki.12A/Z14.43V Title of Document: CONTRACT FOR SALE OF REAL ESTATE Date of Document: May 22, 2018 Grantor: State of Missouri Grantee: City of Jefferson Grantee's Mailing Address: 320 E. McCarty Street Jefferson City, MO 65101 Legal Description: N/A Reference book and pages: None CONTRACT FOR SALE OF REAL ESTATE This contract is entered into this 9'2 day of 2018, by and between the City of Jefferson, 320 E. McCarty St., Jefferso City MO 65101, (hereinafter referred to as "Buyer") and Eric R. Greitens, Governor of the State of Missouri, acting for and in behalf of the State of Missouri, represented by the Office of Administration, Division of Facilities Management, Design and Construction, (hereinafter referred to as "Seller"). In consideration of the covenants and agreements of the respective parties, as hereinafter set forth, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and take from Seller, subject to the restrictions and covenants contained herein, a portion of the real property known as the former Missouri State Penitentiary located in the County of Cole, State of Missouri, and particularly described in Exhibit A, which is attached hereto and incorporated herein by reference, together with all improvements thereon and appurtenances thereto (hereinafter collectively referred to as the "Real Estate"). The following terms, provisions, and conditions are further agreed to: 1. Purchase Price. The purchase price of the Real Estate is Ten Dollars and no cents ($10.00), to be paid by certified check or wire transfer on the date of closing. 2. Conveyance of Title. Conveyance shall be by quitclaim deed. 3. Title Insurance. Buyer may, at its sole option, order an owner's policy of title insurance in the amount of the purchase price for the Real Estate naming Buyer as the insured, written by a title insurance company licensed to do business in Missouri under the provisions of Chapter 381, RSMo. The title insurance policy shall insure the owner's title to be in marketable condition, and shall provide that the final title policy shall be issued immediately after Seller's quitclaim deed is recorded, provided that payment is made for the premium for such policy. Buyer shall have ninety (90) business days to obtain and examine the title insurance commitment and to notify Seller in writing at P.O. Box 809, Jefferson City, MO 65102, of any objections thereto that affect marketability of title to the Real Estate. For purposes of this contract, "marketable" or "marketability" shall mean that title to the Real Estate is free from all reasonable doubt that, if the facts were disclosed in relation thereto, would raise a just apprehension and a reasonable doubt in the mind of a reasonably prudent and intelligent person acting on competent legal advice that would prompt the person to refuse to take the Real Estate for that reason. If there are any objections, Seller may, within ten (10) business days after notification thereof, furnish to Buyer at 320 E. McCarty St., Jefferson City MO 65101 evidence that any such objections have been satisfied. In the event that Seller is unwilling or unable to satisfy Buyer's objections, Buyer, at its election, may void this contract by written notice to Seller. Buyer shall pay all costs of the issuance of the original title insurance commitment and final title policy. 4. Restriction on Encumbrances. Seller shall not encumber the Real Estate or any interest therein from the date of this contract until the date of closing. 5. Risk of Loss. Seller assumes all risks and liability for loss, damage or injury by fire, windstorm, accident or other cause, to the improvements, if any, to the Real Estate until the closing date. If the improvements to the Real Estate are damaged after the date of this contract and before the date otherwise set for closing, Buyer shall elect, within twenty (20) days of the date of such damage, to either cancel the contract or to proceed to closing. 6. Environmental Hazard. Seller makes no representations regarding potential environmental hazards on the Real Estate. Buyer agrees to accept the Real Estate as is. Buyer recognizes, understands, and agrees that due to the historical nature and character of the property, the Real Estate may contain hazardous conditions and materials, including, but not limited to, deteriorated sidewalks, walkways and flooring, broken glass and concrete, dust, mold and other allergens, lead paint or other hazardous substances. 7. Taxes. The Real Estate is not presently subject to ad valorem taxes. From the date of closing, Buyer or its successor or assign shall be responsible to pay all property taxes if and when due. 8. Possession. Seller shall retain possession of the Real Estate until closing. From and forever after closing, Buyer shall be entitled to possession. 9. Closing. The closing shall occur by July 1, 2018, at a time and place mutually agreeable to the parties. The closing may be extended by mutual agreement of the parties without formal amendment of this agreement. 10. Notices. Any notice provided for in this contract shall be given by sending such notice by certified U. S. Mail, return receipt requested, and a notice so sent shall be deemed to have been received on the date reflected on the return receipt. Notices to Seller shall be addressed to Office of Administration, Division of Facilities Management, Design and Construction, P.O. Box 809, Jefferson City, Missouri 65102, and notices to Buyer shall be addressed to: City of Jefferson, 320 E. McCarty Street, Jefferson City, Missouri 65101. 11. Brokers. Seller and Buyer each warrant and represent to the other that there are no brokers, agents or persons acting as a finder entitled to any compensation or commission in connection with the purchase and sale of the Real Estate as contemplated hereunder. '- 2- ~ 3 ~ 12. Due Diligence. Buyer has waived the due diligence period. 13. Successors. This contract shall be binding upon the parties hereto, their heirs, executors, and administrators, successors, and assigns. 14. Entire Agreement. This instrument contains the entire agreement between Buyer and Seller and may not be changed or terminated orally except as specified in paragraph 9. Stipulations and covenants herein are to apply and bind the successors and assigns of the respective parties. 15. Time of Essence. Time shall be of the essence in the performance of each and every obligation and undertaking by the parties in this agreement. 16. Missouri Law Governs. This contact shall be interpreted and governed in accordance with the laws of the State of Missouri. 17. Restrictions and Conditions. a) No portion of the Real Estate may be improved, developed, used or occupied for any purpose other than the following: 1) Primary Uses: Primary Uses may be separate from any other use or combined with any other Primary Use, Secondary Use, or Supporting Use. Primary Uses include hotels, convention centers, auditoriums, entertainment venues, office buildings, boating landings/marinas, museums, libraries, educational or governmental institutions, and athletic facilities. Primary Uses may also include loft -style apartments and condominium dwelling units but only if the space devoted to such uses combined does not exceed more than fifty (50) percent of the Real Estate. 2) Secondary Uses: Secondary Uses must be contained in buildings or structures that are physically integrated into Primary Uses; however, Secondary Uses may have entrances that allow direct pedestrian access from the ground level to the Secondary Use. Alternatively, a Secondary Use may be contained in buildings or structures physically integrated with at least two other Secondary Uses, without a Primary Use. Secondary Uses include full-service restaurants, fast-casual restaurants, bars, brewpubs, coffee shops, retail bakeries, banks, or retail establishments not in excess of 10,000 square feet each. Secondary uses may also include a full -service spa or salon, but only as part of a hotel. ~ 4 ~ 3) Supporting Uses: Supporting Uses may be standalone structures or may be combined with Primary or Secondary Uses. However, Supporting Uses are not permitted without a Primary Use in close proximity. Supporting Uses include a parking structure or parking spaces, active or passive green spaces, pedestrian plazas, and public utility facilities or telecommunication facilities, with the exception of cellular towers. More than one parking structure shall not be permitted on the Real Estate. 4) No portion of the Real Estate may be used for any traditional fast food restaurant, any restaurant or retail establishment with a drive- through facility or that provides in-car service, any residential use other than condominium dwelling units or loft-style apartments as set forth above, or an enclosed shopping mall. b) Seller expressly reserves the right of reentry should the Buyer or its successors or assigns improve, develop, use or occupy the Real Estate in a manner that is inconsistent with the restrictions and conditions set forth in any portion of paragraph 17. Seller shall waive its right of reentry if Buyer or its successor or assign provides written notice of its intent to improve, develop, use or occupy the Real Estate for a purpose not authorized herein, and Seller fails to object in writing within one hundred and twenty (120) days of receiving such notice. Seller’s right of reentry shall expire twenty-five (25) years from the effective date of this contract. c) All buildings, fixtures and improvements installed or constructed on the property shall be in a style that is consistent with the existing historic structures on the Missouri State Penitentiary property. The Master Plan developed for the Missouri State Penitentiary property and adopted by the Missouri State Penitentiary Redevelopment Commission, including the Master Plan Design Guidelines and Development Standards (“the Master Plan”), will be used as a general guideline in development of the Real Estate and design of any improvements. d) The State of Missouri shall have three representatives on the “MSP Community Partners” committee and any other committee formed by Buyer or on which Buyer sits that provides input, advice or oversight regarding the development or use of the Real Estate, including selection of the developer and the development plan, with the exception of any committee comprised solely of city council members. No developer or development plan for the Real Estate, nor any amendments thereto, shall be submitted to the city council for approval unless it has been approved by at least two of the three State representatives. The State’s representatives shall be the Commissioner of the Office of Administration (“OA”), the ~ 5 ~ director of the Office of Administration, Division of Facilities Management, Design and Construction (“FMDC”), and the General Counsel of OA or the designees of those individuals. e) The director of FMDC, or Seller’s successor or assign, shall pre -approve, in writing, all demolition, design and construction plans for the Real Estate. Approval shall not be unreasonably withheld. Seller’s right to pre -approve all demolition, design and construction plans for the Real Estate shall expire fifteen (15) years after the effective date of this contract. f) Buyer and its successor or assign shall make every effort to retain the building on the Real Estate known as the Shoe Factory and to adapt such building for reuse consistent with the Master Plan. g) Buyer or its successors or assigns shall maintain the existing Missouri State Penitentiary wall in substantially the same appearance as at the closing date of this transaction or restore the wall to its former historical appearance. No portion of the wall shall be modified or demolished without approval of the director of FMDC. If any portion of the wall is demolished, selective demolition will be used so as not to damage the remaining portions of the wall. Any stone that ceases to remain part of the wall shall belong to the State of Missouri. h) As a condition of this Agreement, Buyer or its successor or assign, shall, at its own expense, extend Chestnut Street, substantially as shown on the attached Exhibit B, and provide a means of direct vehicular access between Chestnut Street and the cul-de-sac at the northern terminus of Lafayette Street, which shall be known as “MSP Parkway.” i) Seller expressly reserves the right of reentry if development of the Real Estate does not commence within two (2) years after the closing date of this transaction and/or if construction of planned developments and/or infrastructure has not begun within four (4) years after the specified closing date of this transaction. Development shall be deemed to have commenced if Buyer has selected a developer and the developer has begun the process of creating a design for the Real Estate. These periods may be extended by one (1) year if consented to in writing by Seller’s director of FMDC. Seller covenants that it will not exercise its right of reentry unless it provides written notice to Buyer of its intent to reenter and provides Buyer a ninety (90) day opportunity to cure. j) Buyer or its successors or assigns shall pay all necessary costs to disconnect/demark the utility infrastructure from all portions of the Missouri State Penitentiary property not included in this transaction and ~ 6 ~ shall subsequently pay, or cause to have paid, all costs to install any utility infrastructure on the Real Estate, including water, sewer, electric, gas, etc. k) Seller reserves a general easement over the Real Estate for ingress and egress to and from the Gas Chamber building and the surrounding property, which shall be retained by Seller (identified on Exhibit A as Tract A-1). During development and construction of the Real Estate, Seller may access the Gas Chamber by any route across the Real Estate that is most convenient to Seller, pursuant to such general easement. Before completion of development, Seller and Buyer, or its successor or assign, shall agree upon a permanent, fixed location for the easement. The permanent, fixed easement location shall be wide enough and shall be of a slope that will allow Seller, or its employees, agents, lessees, successors or assigns, to give tours of the Gas Chamber to members of the public and access the Gas Chamber parcel with any equipment needed to maintain the Gas Chamber and surrounding area. A document evidencing the agreement of the parties as to the permanent location of the easement shall be recorded. l) Buyer and/or its successors or assigns shall grant Seller a license to continue using the existing paved parking lot located on the Real Estate across from the Missouri State Health Laboratory for a nominal amount until construction on the Real Estate begins. Such parking use shall not be open to general public use, but shall be limited to the Seller’s employees and vehicles. m) The restrictions and covenants set forth above are hereby declared to run with the land and shall be fully binding upon all persons or entities acquiring the Real Estate or any portion thereof whether by descent, devise, purchase or otherwise, and any person or entity by the acceptance of title to the Real Estate or any portion thereof shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. n) All of the provisions in this Paragraph 17 shall survive closing and shall not be merged into the deed to be delivered to the Buyer pursuant to this contract. The parties shall record this contract and reference to this contract shall be included in the deed. IN WITNESS WHEREOF, the parties have duly signed this agreement on the date set forth below their names. BUYER: _c_61).0x.t.). ______(_blittfrL: Carrie Tergin, Mayor City of Jefferson Dated at the City of Jefferson, Missouri, this AV, . clay of Y aoi ArPEST: U C. y Clerl City of Jefferson Approved as to form: City ' • iselor SELLER: eige44.-7, 64r1)41,.....------ Catherine F. Brown, Director Office of Facilities Management, Design and Construction Dated at the City of Jefferson City, Missouri this �°� day of/i)t :x'11 L� - 7- EXHIBIT A LEGAL DESCRIPTION Part of Section 8; Part of U.S.Surveys Nos. 2681 and 3325 all in Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri; more particularly being all of Inlots 246, 250 and 251, part of Inlots 247,248, 252, 217, 218,219, 221 and 222, part of the Edwards Street and Hough Street right- of-ways, part of an alley lying between Inlots 246-249 and 250-253 and part of an alley lying between Inlots 217-220 and 221-224, part of the Old Missouri State Penitentiary Grounds that may include certain platted Inlots, Streets, Alleys and Commons of various un-recorded plats of said City of Jefferson lying within the following described boundary: BEGINNING at a point on the easterly line of the 80 foot wide public street right-of-way known as Chestnut Street, being the southwesterly corner of Inlot 154 of the aforesaid plats of the City of Jefferson;thence N47°46'07"W,along the southern end of that portion of said Chestnut Street right-of- way,vacated by City Ordinance No.4423,80.00 feet to a point on the westerly line thereof; thence S41°59'31"W, along said Chestnut Street right-of-way line, 218.78 feet to a point on the northerly line of the 80 foot wide street right-of-way known as Capitol Avenue (formerly known as Main Street);thence N47°42'34"W, along said Capitol Avenue right-of-way line,419.17 feet to the easterly line of the 80 foot wide Cherry Street right-of-way;thence N42°05'10"E,along the easterly line of said Cherry Street right- of-way, 1064.91 feet;thence N47°53'30"W,490.25 feet;thence clockwise, southwesterly,on a non- tangent curve to the right, having a radius of 80.00 feet, an arc distance of 151.40 feet(the chord of said curve being S46°19'49"W, 129.80 feet)to a point on the easterly line of a portion of the 80 foot wide street right-of-way known as Lafayette Street,vacated by City Ordinance No.3256;thence S42°12'53"W, along said vacated Lafayette Street right-of-way line,436.33 feet to a point on southerly end of said vacated portion of the Lafayette Street right-of-way, being on the northerly line of the 80 foot wide public street right-of-way known as State Street(formerly known as Water Street);thence N47°42'40"W,along the said State Street right-of-way line, 100.00 feet to the southeasterly corner of the property described by deed of record in Book 568, page 367, Cole County Recorder's Office and said corner being 20 feet westerly from the southeasterly corner of Inlot No. 200;thence along the boundary of said property described in Book 568, page 367 the following courses: N42°12'53"E, 465.04 feet; thence N3°55'37"W, 165.77 feet;thence N70°03'35"W, 301.66 feet;thence leaving the boundary of said property described in Book 568, page 367, N42°22'35"E, along the northeasterly extension of the westerly boundary of said property described in Book 568, page 367 being the easterly line of the 80 foot wide street right-of-way known as Marshall Street(partly vacated by City Ordinance No. 14703)and along its northerly extension thereof,238.69 feet to a point on the southerly boundary of the property commonly known as Adrian's Island and described by deed of record in Book 233, pages 434 and 435, Cole County Recorder's Office and said point being in the approximate center of a slough according to a certain un-recorded surveyed boundary of said Adrian's Island, by Larry Brickey, dated September 7, 1988;thence Easterly,along the southerly boundary of said Adrian's Island Survey the following courses: S65°16'12"E, along the approximate center of the aforesaid slough, 188.52 feet;thence S74°42'59"E, along the approximate center of said slough, 249.00 feet to a point at the Ordinary High Water Mark of the Missouri River;thence S64°43'37"E, on a direct line, 919.42 feet to a point in the approximate center of another slough;thence S64°54'09"E, along the approximate center of said slough, 35.00 feet;thence S77°01'51"E, along the approximate center of said slough, 26.88 feet to a point on the westerly end of the Missouri Pacific Railroad right-of-way and properties as described by deed of record in Book K, page 640, Cole County Recorder's Office;thence along the boundary of the right-of-way and properties described in said Book K, page 640 the following courses:S2°00'03"W, 103.59 feet;thence S67°12'24"E, — 8 -- ~ 9 ~ 93.04 feet to a point on the westerly line of Inlot 254 of the aforesaid City of Jefferson being the easterly line of the aforesaid vacated Chestnut Street right-of-way; thence S41°59'31"W, along the westerly line of said Inlot 254, 123.22 feet to the southwesterly corner thereof, being on the northerly line of the 80 foot wide public street right-of-way known as Edwards Street; thence S47°46'07"E, along the southerly line of Inlots 254 and 255, being the northerly line of said Edwards Street right-of-way, 181.86 feet; thence S26°57'48"W, 483.03 feet; thence S10°00'23"W, 80.00 feet; thence N79°59'37"W, 62.62 feet; thence westerly, on a curve to the left, having a radius of 410.00 feet, an arc distance of 105.17 feet (the chord of said curve being N87°20'32”W, 104.88 feet); thence clockwise, southwesterly, on a non- tangent curve to the right, having a radius of 100.00 feet, an arc distance of 77.29 feet (the chord of said curve being S39°19'24”W, 75.38 feet); thence S4°57'25"E, 48.23 feet; thence S85°02'35"W, 80.00 feet; thence N4°57'25"W, 48.23 feet; thence clockwise, northwesterly, on a non-tangent curve to the right, having a radius of 100.00 feet, an arc distance of 72.03 feet (the chord of said curve being N50°44'34”W, 70.49 feet); thence S83°28'18"W, 29.67 feet; thence southwesterly, on a curve to the left, having a radius of 310.41 feet, an arc distance of 218.60 feet (the chord of said curve being S62°14'10"W, 214.11 feet) to the southwesterly corner of Inlot 221 of the aforesaid City of Jefferson, being a point on the easterly line of the aforesaid vacated portion of the Chestnut Street right-of-way; thence S41°59'31"W, along said vacated Chestnut Street right-of-way, 278.75 feet to the POINT OF BEGINNING. Containing 31.82 acres. Except that part of the Old Missouri State Penitentiary Grounds in the City of Jefferson, Missouri, more particularly described as follows: TRACT A-1 From a point on the easterly line of the 80 foot wide public street right-of-way known as Chestnut Street, being the southwesterly corner of Inlot 154 of the aforesaid City of Jefferson, Missouri; thence N41°59'31”W, along the easterly line of the vacated portion of the Chestnut Street right-of-way (vacated by City Ordinance No. 4423), 278.75 feet to the southwesterly corner of Inlot 221 of said City of Jefferson; thence N42°10'02”W, on a direct line, 89.59 feet to the POINT OF BEGINNING for this description; thence N48°08'34"W, 155.00 feet; thence N41°51'26”E, 74.00 feet; thence S48°08'34”E, 155.00 feet; thence S41°51'26”W, 74.00 feet to the POINT OF BEGINNING. Containing 0.26 acres. 31.56 acres remaining. 2 C W N  5 C O U Q P   2 '  Ä  ' P I K P G G T / 1   2 ' Ä           /522#4-9#; C A P I T O L A V E . STATE ST.LAFAYETTE ST. CHESTNUT ST. UNION PACIFIC R A I L R O A D MSP PARKWAY SHOE F A C T O R Y FEDERALCOURTHOUSE L E W I S & C L A R K D N R B U I L D I N G S T A T E H E A L T H L A B MSP HISTO R I C QUADRAN G L E (P O T E N T I A L ) P:\1970\79-018 MSP Parkway\79-018 Master Plan Concept.dwg, 5/3/2018 11:54:16 AM State of Missouri Cole County 1 i Ralph C.Bray Jr,Recorder of Deeds RECORDED Book: 690 Page: 165 Receipt#: 320828 Total Fees: $39.00 Reception: 201807040 Pages Recorded: 6 Date Recorded: 8/1/2018 1:17:21 PM 1 uY1 ficgest-11 1o3 -1- (�S"Ju QUITCLAIM DEED THIS DEED, made on the a'7 day of J 201'6 by and between Michael L. Parson, Governor of the State of Missouri, acting for and in behalf of the State of Missouri, hereinafter called the Grantor, and the City of Jefferson, 320 E. McCarty St., Jefferson City, MO 65101 hereinafter called the Grantee. WITNES SETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged by the Grantor, and pursuant to the authority granted to him in Section 1.1 of Senate Bill No. 486 of the 99th General Assembly (2017) does by these presents release, remise, and quitclaim unto the Grantee, its successors and assignees all its right, title and interest to the following described real estate located in Cole County, Missouri to the City of Jefferson. The property to be conveyed is further described as follows: Part of Section 8; Part of U.S. Surveys Nos. 2681 and 3325 all in Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri; more particularly being all of Inlots 246, 250 and 251, part of Inlots 247, 248, 252, 217, 218, 219, 221 and 222, part of the Edwards Street and Hough Street right- of-ways, part of an alley lying between Inlots 246-249 and 250-253 and part of an alley lying between Inlots 217-220 and 221-224, part of the Old Missouri State Penitentiary Grounds that may include certain platted Inlots, Streets, Alleys and Commons of various un-recorded plats of said City of Jefferson lying within the following described boundary: BEGINNING at a point on the easterly line of the 80 foot wide public street right-of-way known as Chestnut Street, being the southwesterly corner of Inlot 154 of the aforesaid plats of the City of Jefferson; thence N47°46'07"W, along the southern end of that portion of said Chestnut Street right-of-way, vacated by City Ordinance No. 4423, 80.00 feet to a point on the westerly line thereof; thence S41°59'31"W, along said Chestnut Street right-of-way line, 218.78 feet to a point on the northerly line of the 80 foot wide street right-of-way known as Capitol Avenue (formerly known as Main Street); thence N47°42'34"W, along said Capitol Avenue right-of-way line, 419.17 feet to the easterly line of the 80 foot wide Cherry Street right-of-way; thence N42°05'10"E, along the easterly line of said Cherry Street right-of-way, 1064.91 feet; thence N47°53'30"W, 490.25 feet; thence clockwise, southwesterly, on a non-tangent curve to the right, having a radius of 80.00 feet, an arc distance of 151.40 feet (the chord of said curve being S46°19'49"W, 129.80 feet) to a point on the easterly line of a portion of the 80 foot wide street right-of-way known as Lafayette Street, vacated by City Ordinance No. 3256; thence S42°12'53"W, along said vacated Lafayette Street right-of-way line, 436.33 feet to a point on southerly end of said vacated portion of the Lafayette Street right-of-way, being on the northerly line of the 80 foot wide public street right-of-way known as State Street (formerly known as Water Street); thence N47°42'40"W, along the said State Street right-of-way line, 100.00 feet to the southeasterly corner of the property described by deed of record in Book 568, page 367, Cole County Recorder's Office and said corner being 20 feet westerly from the southeasterly corner of Inlot No. 200; thence along the boundary of said property described in Book 568, page 367 the following courses: N42°12'53"E, 465.04 feet; thence N3°55'37"W, 165.77 feet; thence N70°03'35"W, 301.66 feet; thence leaving the boundary of said property described in Book 568, page 367, N42°22'35"E, along the northeasterly extension of the westerly boundary of said property described in Book 568, page 367 being the easterly line of the 80 foot wide street right-of-way known as Marshall Street (partly vacated by City Ordinance No. 14703) and along its northerly extension thereof, 238.69 feet to a point on the southerly boundary of the property commonly known as Adrian's Island and described by deed of record in Book 233, pages 434 and 435, Cole County Recorder's Office and said point being in the approximate center of a slough according to a certain un-recorded surveyed boundary of said Adrian's Island, by Larry Brickey, dated September 7, 1988; thence Easterly, along the southerly boundary of said Adrian's Island Survey the following courses: S65°16'12"E, along the approximate center of the aforesaid slough, 188.52 feet; thence S74°42'59"E, along the approximate center of said slough, 249.00 feet to a point at the Ordinary High Water Mark of the Missouri River; thence S64°43'37"E, 2 on a direct line, 919.42 feet to a point in the approximate center of another slough; thence S64°54'09"E, along the approximate center of said slough, 35.00 feet; thence S77°01'51"E, along the approximate center of said slough, 26.88 feet to a point on the westerly end of the Missouri Pacific Railroad right-of-way and properties as described by deed of record in Book K, page 640, Cole County Recorder's Office; thence along the boundary of the right-of-way and properties described in said Book K, page 640 the following courses: S2°00'03"W, 103.59 feet; thence S67°12'24"E, 93.04 feet to a point on the westerly line of Inlot 254 of the aforesaid City of Jefferson being the easterly line of the aforesaid vacated Chestnut Street right-of-way; thence S41°59'31"W, along the westerly line of said Inlot 254, 123.22 feet to the southwesterly corner thereof, being on the northerly line of the 80 foot wide public street right-of-way known as Edwards Street; thence S47°46'07"E, along the southerly line of Inlots 254 and 255, being the northerly line of said Edwards Street right-of-way, 181.86 feet; thence S26°57'48"W, 483.03 feet; thence S 10°00'23"W, 80.00 feet; thence N79°59'37"W, 62.62 feet; thence westerly, on a curve to the left, having a radius of 410.00 feet, an arc distance of 105.17 feet (the chord of said curve being N87°20'32"W, 104.88 feet); thence clockwise, southwesterly, on a non- tangent curve to the right, having a radius of 100.00 feet, an arc distance of 77.29 feet (the chord of said curve being S39°19'24"W, 75.38 feet); thence S4°57'25"E, 48.23 feet; thence S85°02'35"W, 80.00 feet; thence N4°57'25"W, 48.23 feet; thence clockwise, northwesterly, on a non-tangent curve to the right, having a radius of 100.00 feet, an arc distance of 72.03 feet (the chord of said curve being N50°44'34"W, 70.49 feet); thence S83°28'18"W, 29.67 feet; thence southwesterly, on a curve to the left, having a radius of 310.41 feet, an arc distance of 218.60 feet (the chord of said curve being S62°14'10"W, 214.11 feet) to the southwesterly corner of Inlot 221 of the aforesaid City of Jefferson, being a point on the easterly line of the aforesaid vacated portion of the Chestnut Street right-of-way; thence S41°59'31"W, along said vacated Chestnut Street right-of-way, 278.75 feet to the POINT OF BEGINNING. Containing 31.82 acres. Except that part of the Old Missouri State Penitentiary Grounds in the City of Jefferson, Missouri, more particularly described as follows: TRACT A-1 From a point on the easterly line of the 80 foot wide public street right-of-way known as Chestnut Street, being the southwesterly corner of Inlot 154 of the aforesaid City of Jefferson, Missouri; thence N41°59'31"W, along the easterly line of the vacated portion of the Chestnut Street right-of-way (vacated by City Ordinance No. 4423), 278.75 feet to the southwesterly corner of Inlot 221 of said City of Jefferson; thence N42°10'02"W, on a direct line, 89.59 feet to the POINT OF BEGINNING for this description; thence N48°08'34"W, 155.00 3 feet; thence N41°5 1'26"E, 74.00 feet; thence S48°08'34"E, 155.00 feet; thence S41°51'26"W, 74.00 feet to the POINT OF BEGINNING. Containing 0.26 acres. 31.56 acres remaining. SUBJECT TO easements, restrictions, reservations, and other agreements and matters of record, including those set forth in the Contract for the Sale of Real Estate recorded on June 13, 2018 at Cole County, Missouri, at Book 688, Page 555. TO HAVE AND TO HOLD the same with all rights, privileges and appurtenances thereto belonging, unto the Grantee, its heirs, successors and assigns. IN TESTIMONY HEREOF, I hereunto set my hand and affix the Great Seal of the State or Missouri, done in the city of Jefferson City, State of Missouri, attested by the Secretary of State and approved by the Attorney General the day and year first above written. STATE OF MISSOURI • _ Michael L. Parson _'� � .' GOVERNOR On this 27 day of C)1,tito__) in the year 201 , before me, the l e l.e__ (CI t mac( , a Notary Public in and for said State, personally appeared Michael L. Parson, known to me to be the person who executed the foregoing 4 instrument in behalf of the State of Missouri and acknowledged to me that he executed the same for the purposes therein stated. MICHELLE HALLFORD �� Notary Public-Notary Seal Ji‘'kt IA) C O/ State of Missouri Notary Public, State of s/�—(Ctt///��� ouri Commissioned for Cole County My Commission Expires:November 19,2020 Commission Number:12686046 My commission expiresGnot / 7 ,Za Commissioned in the County of Oca--C-- , Missouri. APPRO -fp AS TO FORM: ATTEST: dirt . Pt / I J.: ua D. 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