HomeMy Public PortalAboutORD15870 BILL NO. 2018-089
SPONSORED BY Councilman Hussey
ORDINANCE NO. I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A REDEVELOPMENT AGREEMENT WITH
JEFFERSON CITY PUBLIC SCHOOL DISTRICT.
NOW, THEREFORE, 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 redevelopment with the Jefferson City Public School District, Missouri.
Section 2. The agreement shall be substantially the same in form and content as
that agreement 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.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: `I1t12(.t.A. '7, Approved: 414,1 . /4 � 2al`q
awA-e- Caiwo&fri '
Presiding Officer' I Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
42#14-eih-h,--
UCity Clerk CityCounselor
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into on
the last day executed by a party, as indicated on the signature pages below, by and between the
City of Jefferson, 1\llissouri, a municipal corporation of the State of Missouri ("City") and
Jefferson City Public Schools ("School District"). The City and School District may hereinafter
be collectively referred to as the Parties and individually as a I'm:ty.
RECITALS
The Subject Property. School District holds title to certain land currently located in the
incorporated area of the City of Jefferson legally described in the attached Exhibit A (the
"Subject Property").
Proposed Project. School District desires to develop the Subject Property for public eC[ucational
uses, specifically for Capital City High School, which shall require certain improvements to
public facilities within the rights-of-way of the City to provide for the public health, safety, and
general welfare, specifically a new road and appurtenances which will connect Creek Trail Drive
and Mission Drive (the "Connector Street").
NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual
promises, declarations, covenants and agreements of the City and School District as hereinafter
set forth, the Parties hereto do hereby agree as follows:
1. Notice of Future Obligations. To the extent that any provisions hereof commit the School
District and/or the City to any future obligations concerning the development and/or use of
the Subject Property, the Parties agree to execute and record such documents(s) acceptable to
both Parties as may be required to give constructive notice of said future obligations.
2. City's Obligations for Development.
a) City will reimburse School District an amount not to exceed $1,500,000.00 for work
directly attributable to School District's design and construction of the Connector Street,
including related work described herein. Any cost in excess of $1,500,000.00 shall be
borne by the School District. Upon completion and successful inspection of School
District's construction of the Connector Street and related work described herein, School
District shall submit a request for reimbursement to the City Engineer, which such
request shall include an itemized list of actual costs incurred by School District in the
design and construction of the Connector Street and any related work.
b) In the event actual costs incurred by School District in the design and construction of the
Connector Street and any related work total less than $1,500,000.00, the School District
may use such unexpended funds for improvements to Lewis and Clark Drive or Union
Street or for design and construction of enhanced crosswalks on Jackson Street at Thorpe
Gordon Elementary or on Linden Drive at South Elementary.
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c) In no event shall payments from the City to' the School District under this agreement
exceed $1,500,000.00 and the City shall not bil obligated to submit payments under this
agreement to the School District until November 1,2019.
d) City shall inspect all public improvements constructed by School District in accordance
with local ordinances and codes.
3. School District's Obligations for Development.
a) School District shall complete construction of the Connector Street in accordai:J.ce with
design plans prepared and sealed by a Missouri-licensed design professional. Said design
plans shall be in conformance with City specifications and shall be approved by the
City's Director of Public Works as a Public Works Capital Improvement Project prior to
construction. This obligation shall include securing, executing, and managing written
contracts with a design professional and a construction manager. The School District
shall erect information signage at the project site indicating the work is a "Joint City and
County Capital Improvement Sales Tax Project." Such signage will be provided to the
School District by the City. The City shall not be deemed a party to. any of the School
District's contracts and shall have no liability arising from or relating thereto.
b) School District shall include within its. design and construction of the Connector Street a
street stub on the east side of the Connector Street which shall be able to acco=odate a
future sixty (60) foot-wide right-of-way connecting the Connector Street and Cathedral
Rock Drive and a pedestrian connection connecting the Connector Street and Notting Hill
Drive. The School District shall secure the City's approval of the location of the street
stub and pedestrian connection to Notting Hill Drive on design plans prior to construction
of the Connector Street.
c) ·Upon completion and successful inspection of School District's construction of the
Connector Street, School District shall donate and convey all right-of-way necessary to
accommodate the Connector Street, which right-of-way shall be no less than sixty (60)
feet wide. In addition, School District shall convey all necessary utility and stormwater
easements for the same, sufficient right-of-way and utility easements for the future
connection of Cathedral Rock Drive and the Connector Street and sufficient pedestrian
right-of-way for the pedestrian connection between Notting Hill Drive and the Connector
Street.
d) The School District shall submit the Subject Property to the City's subdivision process
and development requirements by submitting a Preliminary Subdivision Plat and Final
Subdivision Plat for the Subject Property in accordance with and subject to all regulations
and processes of City Subdivision Code and Zoning Code, including submittal of a traffic
study. School District shall also apply for and secure a conditional use permit pursuant to
applicable procedures set forth in the Jefferson City Code. Subdivision approval from the
City Council shall be secured by the School District prior to occupancy of Capital City
High School by students. All rights-of-way, easements, and property interests required to
be dedicated to the City under this agreement or under applicable City regulations shall
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be dedicated to the City on the Final Subdivision Plat of the Subject Property. All public
improvement plans shall be submitted and reviewed as Public Works Capital
Improvement Projects and not as development plans.
e) Capital City High School and all appurtenances shall be conform to applicable
development regulations of the City, including, but not limited to, requirements for
landscaping, parking, signage, and trash screening. In addition, the School District shall
install all sidewalks required under the City development regulations, except that
sidewalks shall not be required on the east side of the Connector Street except for a
sidewalk connection from Notting Hill Drive to the proposed Cathedral Rock stnb and
further provided that nothing in this Agreement shall relieve undeveloped property on the
east side of the Connector between the Cathedral Rock stnb and the Mission Drive
roundabout from any sidewalk and other development requirements when such property
is developed in the future. As a part of the development process, the School District shall
not be prohibited from applying for deferrals or variances of any sidewalk requirements.
f) School District agrees that, as a part of the development approval process for the
alterations/renovations of the existing Jefferson City High School campus, City shall
have the right to and School District shall agree to a vacation of Union Street between
Lafayette Street and Jackson Street in accordance with City's vacation ordinances.
School District and City further agree to confer in good faith concerning City's desire to
vacate Lewis and Clark Drive at School District's Lewis and Clark Middle School
campus. In the event that School District and City have not reached an agreement
concerning the vacation of Lewis and Clark Drive on or before July 1, 2019, City shall
have the right thereafter to seek vacation of Lewis and Clark Drive in accordance with
City's vacation ordinances. Until such time the City vacates Union Street and Lewis and
Clark Drive, the City shall maintain such roadways in a manner consistent with City
standards for regular maintenance of City streets, which shall be determined in the sole
discretion of the City.
4. Public Safety Facilities. To encourage and promote public safety, City and School District
shall work to identify land on the subject property which potentially could host public safety
facilities, including, but not limited to, frre station and/or a police substation; however,
nothing herein shall require School District to dedicate/convey any property to City except
upon such terms as may hereafter be agreed by City and School District.
5. Construction of Public Improvements. Except as otherwise expressly indicated herein, all
public improvements to be developed on the Subject Property shall be constructed in
accordance with the City Department of Public Works' Standard Specifications and
Drawings, as may be amended, or any successor specifications and standards adopted by the
City. The design and construction of crosswalks at Thorpe Gordon Elementary or South
Elementary shall be subject to the approval of the City Director of Public Works. School
District shall obtain all necessary permits and governmental permissions to perform its
obligations set forth in this Agreement. The School District shall also comply with all
applicable City Building Codes and Stormwater Codes, but shall only be required to pay one-
half (12) the cost of all applicable inspection and construction permit fees which would be
applicable to co=ercial construction, including permit fees for construction of Capital City
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High School and for repairs, additions to, and renovations of the existing Jefferson City
High School. This reduction in building permit fees shall only apply to the School
District's current capital project relating to the construction of Capital City High School
and to the current repairs, additions to, and renovation of Jefferson City High School.
6. Adjoining Properties. School District shall obtain all necessary private easements to perform
its obligations set forth in this Agreement and shall be liable for all damages to adjoining
properties that maybe caused by SchoolDistrict's performance of its obligations, even where
construction of improvements are in accordance with the City Department of Public Works'
Standard Specifications and Drawings, as may be amended or succeeded.
7. Amendments. Any amendment to this Agreement must be in writing and must be executed
by the City and the School District, and any future owner of any part of the Subject Property
who would otherwise be obligated to perform any of the requirements imposed upon the
School District by this Agreement. Oral modifications or amendments of this Agreement
shall be of no force or effect.
8. Remedies. The parties to this Agreement may, either in law or equity, by suit, action,
mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific
performance of this Agreement, provided that in no event shall the City have any liability in
damages, costs (including attorneys' fees) or any other monetary liability to School District
or any affiliate of School District, any person claiming through School District, or to their
respective successors, assigns, heirs and personal representatives in respect of any suit, claim,
or cause of action arising out of this Agreement or any of the actions or transactions
contemplated herein.
9. Third Party Actions. School District shall have the right, but not the obligation to assume
the costs of defense of any action or proceeding initiated by a third party challenging this
Agreement, or any other actions or transactions contemplated by this Agreement (including,
without limitation, to settle or compromise any claim or action for which School District has
assumed the defense) with counsel of School District's choosing and the City and School
District agree that so long as no conflicts of interest exist between them, the same attorney or
attorneys may simultaneously represent the City and School District in any such proceeding.
lri no event shall the City have any liability to School District for damages or otherwise in the
event that all or any part of this Agreement or the ordinances approving this agreement shall
hereafter be declared invalid or unconstitutional in whole or in part by a final (as to which all
rights of appeal have been exhausted or expired) judgment of a court of competent
jurisdiction, and, in the event School District elects not to assume such defense and costs, the
City shall have no obligation to defend or to assume the costs of defense of any such action.
10. Notices. All notices between the parties hereto shall be in writing and shall be sent by
certified or registered mail, return receipt requested, by personal delivery against receipt, or
by overnight courier, and shall be deemed to have been validly served, given or delivered
immediately when delivered against receipt or three (3) business days after deposit in the
mail, postage prepaid, or one (1) business day after deposit with an overnight courier, and
shall be addressed as follows:
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If to the City:
City of Jefferson
City Administrator
320 E. McCarty
Jefferson City, MO 65101
If to School District:
Jefferson City Public Schools
Office of the Superintendent
315 East Dunklin Street
Jefferson City, MO 65101
Each party shall have the right to specify that notice is to be addressed to another address by
giving to the other party ten (lO).days written notice thereof.
11. Hold Harmless. School District at its sole cost and expense, hereby agrees to indemnify,
protect, release, defend (with counsel acceptable to the City) and hold harmless the City, its
municipal officials, elected officials, boards, co=issions, officers, employees, attorneys,
and agents from and against any and all causes of action, claims, demands, all contractual
damages and losses, economic damages and losses, all other damages and losses, liabilities,
fines, charges, penalties, administrative and judicial proceedings and orders, judgments,
remedial actions of any kind, and all costs and expenses of any kind, including, without
limitation, reasonable attorney's fees and costs of defense arising, directly or indirectly, in
whole or in part, from the action or inaction of School District, its agents, representatives,
employees, contractors, subcontractors or any other person for whose acts School District
may be liable, in the activities performed, or failed to be performed, by School District under
this Agreement or in the development of the Subject Property, or from breach of this
Agreement, except to the extent arising from or caused by the sole or gross negligence or
willful misconduct of the City, its elected officials, officers, employees, agents or
contractors. The indemnification, duty to defend and hold harmless obligations set forth in
this Section shall survive for a period of five (5) years from the date of substantial
completion of all improvements contemplated hereunder.
a) In the event that Cole County fails to provide to the City the County's matching funding
of $750,000.00 under that Agreement Setting Forth Procedures for Joint City and County
Capital Improvements Sales Tax Projects approved by the City Council on November 20,
2017 under Ordinance No. 15748, the School District shall reimburse the City its cost and
expenses, including attorney's fees, to recover such $750,000.00 from Cole County under
such agreement.
12. Insurance. School District shall provide, at its sole expense, general liability insurance with
a reputable, qualified, and financially sound company licensed to do business in the State of
Missouri, and unless otherwise approved by the City, with a rating by Best of not less than
"A," that shall protect School District, the City, and the City's officials, officers, and
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employees from claims which may arise from operations under this Agreement, whether such
operations are by the School District, its officers, directors, employees and agents, or any
subcontractors of School District. This liability insurance shall include, but shall not be
limited to, protection against claims arising from bodily and personal injury and damage to
property, resulting from all School District operations, products, services or use of
automobiles, or construction equipment. The amount of insurance required herein shall be in
no event less than the individual and combined sovereign i=unity limits established by §
537.610 RSMo for political subdivisions; provided that nothing herein shall be deemed to
waive the City's sovereign i=unity. An endorsement shall be provided which states that
the. City is named as an additional insured and stating that the policy shall not be cancelled or
materially modified so as to be out of compliance with the requirements of this Section, or
not renewed without 30 days advance written notice of such event being given to the City.
School District shall cause any contract entered into with a general contractor to include a
requirement that such general contractor obtain insurance in the amounts set forth in this
paragraph and name the City as an additional insured.
13. Compliance with Laws. School District shall comply with all applicable state, local, and
federal laws in the performance of this Agreement, including all Missouri statutes relating to
the construction of"public works," as that term may be defined in such statutes.
14. Entire Agreement. This Agreement contains the entire and complete agreement between the
City and the School District with respect to the requirements imposed upon the School
District for the providing of certain interests in land, and the construction and installation of
certain improvements, all as hereinabove described in the Recitals for this Agreement and the
above numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes
a lawful contract between the Parties and School District hereby acknowledges and agrees
that this Agreement and provisions of the City's Code of Ordinances applicable to this
Agreement constitute lawful exercises of the City's authority and police power.
(Signature Pages to Follow)
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IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective
on the last day and year indicated below.
CITY:
City of Jefferson, Missouri
By: / /1
Carrie Tergin, Mayor
Date:
ATTEST:
`mily Donaldson, City Clerk
Approved as to form:
Ry hlman, City Counselor
STATE OF MISSOURI )
) SS
COUNTY OF COLE )
On this 4-t-v 1 day ofCund , 2018, before me appeared Carrie
Tergin, to me personally known, who, being byduly sworn did say that she is Mayor of the
City of Jefferson, Missouri, a Missouri constitutional charter city and municipal corporation, and
that said instrument was signed on behalf of said City, by authority of its City Council, and said
Mayor Carrie Tergin acknowledged said instrument to be the free act and deed of said City and
that she executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my
office in the State and County aforesaid, on the day and ye. ereinabove first written.
0.0."4 Keay //, I/
?°
'rawer ; I I
I- October 25,2022
•
-. Cole County -el- (0 i/�cyt. ,Notary Public
Commission#14066721
My commission expires:
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SCHOOL DISTRICT:
Jefferson City Public Schools District
By: •
Larry Lint acum, Superintendent
Date 1a, /(V/<
STATE OF MISSOURI )
) SS
COUNTY OF COLE )
On this el day of e-M , 2018, before me appeared Larry
Linthacum, to me personally known, who, being by me duly sworn did say that he is
Superintendent of Jefferson City Public Schools District, a Missouri public school district, and
that said instrument was signed on behalf of said public school district, by authority of its School
Board, and said Superintendent Larry Linthacum acknowledged said instrument to be the free act
and deed of said public school district and that he executed the same for the purposes therein
stated.
IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my
office in the State and County aforesaid, on t u: say and year hereina r o e first written.
I, 11
,Notary Public
My commission expires:I j-(4 -O?o
�pjiY P(jB•, JEANINE DAVIS
•4,-. My Commission Expires
=+•• NOTIS = June 19,2020
..SEAL, -= Callaway County
9OFt4I� Commission#12412158
•
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EXHIBIT A
LEGAL DESCRIPTION
See Attached
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JEFFERSON CITY SCHOOL DISTRJCT
COMPOSITE BOUNDARY DESCRIPTION
Part of the West Half of the Northwest Quarter of Section 14, part of the Northeast Quarter of the
Southwest Quarter of Section 14, part of the Northwest Quarter ofthe Southwest Quarter of
Section 14, part of the Northeast Quarter of the Southeast Quarter of Section 15 and part of the
East Half of the Northeast Quarter of Section 15, lying southerly of the center of the Frog
Hollow Branch of Wears Creek (also known as Sone Creek) all in Township 44 North, Range 12
West in the City of Jefferson, Cole County, Missouri and being more particularly described as
follows:
BEGINNING at the northwest comer of the Northeast Quarter of the Southwest Quarter of said
Section 14; thence S86°25'24"E, along the Quarter Section Line, 635.38 feet to the northwest
comer of LOESCH ESTATES SUBDNISION SECTION ONE,.as per plat of record in Plat
Book 12, page 176, Cole County Recorder's Office; thence southerly along the west line of said
subdivision the following courses: S22°40'02"W, 581.81 feet; thence Sl3°57'56"E, 227.58 feet;
thence S26°29'04"W, 72.28 feet; thence S27°37'55"W, 281.23 feet; thence S5°01'49"E, 287.25
feet to the southwest comer of said subdivision, also being the northeast comer of COLONIAL
HILLS ESTATES SECTION 6, as per plat of record in Plat Book 11, page 704, Cole County
Recorder's Office; thence leaving the boundary of said LOESCH ESTATES SUBDN!SION
SECTION ONE and along the north line of said COLONIAL HILLS ESTATES SECTION 6,
N86° 12'44"W, 355.29 feet to the southeast comer of said Northwest Quarter of the Southwest
Quarter of said Section 14; thence N86°l 0'24"W, along the Quarter-Quarter Section Line, 89.02
feet to the eastern most comer of a tract of land conveyed to The City of Jefferson by deed of
record in Book 603, Page 374 as described therein (Exhibit C-Cole County, Route 179,
J5S0906B, Parcel6); thence along the northern boundary of said tract of land described in Book
603, Page 374 the following courses: northwesterly on a curve to the left, having a radius of
295.00 feet, an arc distance of157.55 feet (the chord of said curve being N35°4l'l7"W, 155.69
feet); thence northwesterly on a curve to the left, having a radius of 1635.00 feet, an arc distance ·
of 60.43 feet (the chord of said curve being N52°02'49"W, 60.42 feet); thence N7°15'19"W,
123.24 feet; thence N39°05'36"E, 34.95 feet; thence northeasterly on a curve to the left, having a
radius of 355.00 feet, an arc distance of73.39 feet (the chord of said curve being N32°45'35"E,
73.26 feet); thence N63°09'45"W, 110.00 feet; thence southwesterly, on a curve to the right,
having a radius of 245.00 feet, an arc distance of 50.65 feet (the chord of said curve being
S32°45'35"W, 50.56 feet); thence N77°27'54"W, 129.49 feet; thence northwesterly, on a curve to
the left, having a radius of 2435.00 feet, an arc distance of 51.16 feet (the chord of said curve
beingN30°56'20"W, 51.15 feet); thence S58°27'33"W, 110.00 feet; thence Sl7°43'18"W, 136.91
feet; thence southwesterly, on a curve to the left, having a radius of2475.00 feet, an arc distance
of288.08 feet (the chord of said curve being S74°32'59"W, 287.91 feet); thence southwesterly,
on a curve to the right, having a radius of2324.99 feet, an arc distance of 473.02 feet (the chord
of said curve being S77°02'37"W, 472.20 feet) to the most western comer of said tract described
in Book 603, page 374 and being a point on the south line of the Northwest Quarter of the
Southwest Quarter of the aforesaid Sectjon 14; thence leaving the boundary of said tract ofland
described in Book 603, page 374, N86°l0'24"W, along the Quarter-Quarter Section Line, 42.76
feet to the southeast comer of the Northeast Quarter of the Southeast Quarter of the aforesaid
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Section 15; thence S89°09'27"W, along the Quarter-Quarter Section Line, 822.82 feet to a point
on the easterly line of the Missouri State Highway 179 right-of-way, at the southeasterly comer
of a tract ofland conveyed to the Missouri Department of Transportation Co=ission, by deed
of record in Book 603, page 916, Cole County Recorder's Office; thence northerly along said
Missouri State Highway 179 right-of-way line, being the easterly boundary of said tract ofland
described in Book 603, page 916, the following courses: Nl 0 l2'55"E, 192.99 feet; thence
N30°20'48"W, 410.76 feet; thence N8°14'49"W, 152.07 feet; thence Nl7°54'52"E, 208.81 feet;
thence N33°18'04"W, 69.80 feet to a point on the easterly boundary of a tract ofland conveyed
to the State of Missouri Highway and Transportation Connnission by deed of record in Book
423, page 335, Cole County Recorder's Office; thence leaving the boundary of the aforesaid tract
ofland described in Book 603, page 916, continuing along the easterly line of the Missouri State
Highway 179 right-of-way as described in said Book 423, page 335, the following courses:
N3°56'32"W, 666.46 feet; thence N4°41'48"W, 473.56 feet; thence N52°50'37"W, 53.09 feet;
thence N63°02'52"W, 13.24 feet; thence N72°34'46"W, 16.70 feet; thence N74°44'37"W, 14.86
feet to a point hereafter known as REFERENCE POINT A; thence N6°17'04"W, 33.06 feet to a
point on the southerly boundary of the property described by deeds of record in Book 161, pages
36 and 77, Cole County Recorder's Office; thence leaving the aforesaid Missouri State Highway
179 right-of-way line described in Book 423, page 335, S80°00'32"E, along the southerly
boundary of said property described in Book 161, pages 36 and 77, 76.24 feet; thence
S60°02'39"E, along the southerly boundary of said property described in Book 161, pages 36 and
77, 106.76 feet to a point in the center of the Frog Hollow Branch of Wears Creek (also known
as Sone Creek) and said point being on the northerly boundary of the property described by deed
of record in Book 119, page 231, being co=on to the southerly boundary of the property
described by deed of record in Book 217, page 339, Cole County Recorder's Office; thence
easterly, down the center of said branch and creek, being the co=on boundary of said
properties described in Book 119, page 231 and Book 217, page 339, the following courses:
S45°54'14"E, 43.47 feet; thence S54°01'46"E, 69.85 feet; th~nce S58°32'53"E, 24.84 feet; thence
S78°00'00"E, 71.31 feet; thence S89°48'16"E, 33.22 feet; thence N81 °09'24"E, 44.01 feet;
thence N59°00'13"E, 44.71 feet; thence S77°27'25"E, 25.52 feet; thence S87°34'54"E, 118.47
feet; thence N76°42'16"E, 114.01 feet; thence, N58°34'08"E, 65.63 feet; thence N49°46'05"E,
90.17 feet; thence S88°31'47"E, 30.59 feet; thence S73°33'43"E, 64.01 feet; thence S56°42'28"E,
43.66 feet; thence S68°47'58"E, 68.89 feet; thence S60°30'46"E, 30.00 feet; thence S83°15'30"E,
39.65 feet; thence N45°40'10"E, 42.69 feet; thence N28°02'08"E, 52.40 feet; thence
N22°48'07"E, 138.17 feet; thence N8°23'00"E, 36.13 feet; thence N36°59'19"E, 44.83 feet to a
point on the east line of the Northeast Quarter of the aforesaid Section 15;.thence leaving the
center of the aforesaid branch, creek and co=on boundary of the properties described in Book
119, page 231 and Book 217, page 339, Nl 0 03'09"E, along the Section Line (being the easterly
boundary of said property described in Book 217, page 339, 177.92 feet to the southwesterly
comer of A REPLAT OF LOTS 8-16, CREEKSIDE PARK SECTION ONE as per plat of record
in Plat Book 12, Page 186, Cole County Recorder's Office; thence southeasterly, along the
southerly boundary of said subdivision, on a curve to the right, having a radius of 460.00 feet, an
arc distance of217.58 feet (the chord of said curve being S65°19'32"E, 215.56 feet); thence
S51 °46'3l"E, along the southerly boundary of said subdivision, 18.03 feet to a point on the
northwesterly boundary of CREEKSIDE PARK SECTION TWO as per plat of record in Plat
Book 12, Page 329, Cole County Recorder's Office; thence along the northwesterly and southerly
boundary of said CREEKSIDE PARK SECTION TWO the following courses: S34°09'46"W,
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7.41 feet; thence southerly on a curve to the left, having a radius of 670.00 feet, an arc distance
of67.28 feet (the chord of said curve being S31 °l7'09"W, 67.25 feet); thence S45°02'46"E,
680.33 feet; thence S54°54'20"E, 171.23 feet; thence S74°37'29"E, 171.23 feet; thence
N88°28'28"E, 77.32 feet to a point on the westerly boundary of CREEKSIDE PARK SECTION
THREE per plat of record in Plat Book 12, Page 403, Cole County Recorder's Office; thence
leaving the boundary of said CREEKSIDE PARK SECTION TWO and along the boundary of
said CREEKSIDE PARK SECTION THREE, Sl 0 26'33"W, 407.58 feet to the southwesterly
corner thereof, also being a point on the northerly line of the Southwest Quarter of said Section
14; thence S86°22'35"E, along the Quarter Section Line, 330.24 feet to the point of beginning.
Except that part of the above described boundary that is within a 30 foot wide strip of land in the
East Half of the Northeast Quarter of said Section 15, being the public right-of-way (by use)
known as Frog Hollow Road and lying 15 feet each side of, along and adjacent to the following
described centerline:
From the aforesaid REFERENCE POINT A; thence N6°17'04"W, along the easterly line of
the aforesaid Missouri State Highway 179 right-of-way line, 16.16 feet to a point in the center of
said Frog Hollow Road and the POINT OF BEGlNNlNG for this centerline description; thence
along said centerline the following courses: easterly on a curve to the right, having a radius of
210.00 feet, an arc distance of75.67 feet (the chord of said curve being S64°56'30"E, 75.26
feet); thence S54°37'07"E, 219.25 feet; thence easterly, on a curve to the left, having a radius of
200.00 feet, an arc distance of 114.27 feet (the chord of said curve being S70°59'14"E, 112.73
feet); thence S87°2l '21 "E, 174.98 feet; thence easterly, on a curve to the right, having a radius of
5000.00 feet, an arc distance of91.26 feet (the chord of said curve being S86°49'59"E, 91.26
feet); thence S86°18'37"E, 260.00 feet; thence northeasterly, on a curve to the left, having a
radius of 133.50 feet, an arc distance of 149.59 feet (the chord of said curve being N61 °35'19"E,
141.89 feet); thence N29°29'14"E, 82.42 feet to a point in the center of the Frog Hollow Branch
of Wears Creek (also known as Sone Creek) being the northerly boundary of the aforesaid
property described by deed of record in Book 119, page 231, being co=on to the southerly
boundary of the aforesaid property described by deed of record in Book 217, page 339 and the
POINT OF TERMINATION for this centerline description.
Except that part of the above described boundary dedicated to the City of Jefferson for Creek
Trail Drive Right-of-way by General Warranty Deed of record in Book 649, page 04 7, Cole
County Recorder's Office.
Except that part of the above described boundary lying north of Creek Trail Drive and Frog
Hollow Road.
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