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Home My Public Portal AboutORD16103BILL NO. 2020-054 SPONSORED BY Councilmember Hussey ORDINANCE NO. Ila 10�� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE EXCHANGE OF REAL ESTATE WITH CAPITAL REGION MEDICAL CENTER PERTAINING TO RUSSELL STREET AND FRANKLIN STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Capital Region Medical Center for the exchange of property at Russell and Franklin Streets as described in Exhibit A, and all documents necessary to receive and convey the property. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: goal r r1l NMENAN�AVNWA ORION, Presiding • , ATTEST: Approved: 5 ZI U Mayor Carrie Tergin APPROVED AS TO FORM: City erk City or AGREEMENT FOR THE ACQUISITION AND CONVEYANCE OF REAL ESTATE THIS Agreement made and entered into the date last signed by a party as indicated below, by and between the Capital Region Medical Center, a nonprofit corporation, hereinafter designated as "CRMC", and the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City", acting pursuant to its municipal powers; WHEREAS, the City desires to obtain a parcel of CRMC's real property for the future improvements to the public rights-of-way and other public improvements; WHEREAS, CRMC desires to obtain a parcel of the City's real property for the access to CRMC's current and future planned facilities. NOW, THEREFORE, in consideration of the mutual promises and covenants and obligations of the parties set out herein, the parties agree to as follows: Conveyance to CRMC. City agrees to convey to CRMC and CRMC agrees to receive from the City, on the terms and conditions hereinafter set forth, the following described real estate (including all improvements located thereon) situated in the County of Cole, State of Missouri, to -wit: A PART OF THE RUSSELL STREET AND STADIUM BOULEVARD RIGHT-OF-WAY, IN OUTLOT 29 OF THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEASTERLY CORNER OF SAID OUTLOT 29; THENCE S42°15' 12"W, ALONG EASTERLY LINE OF SAID OUTLOT, 575.12 FEET TO THE SOUTHEASTERLY CORNER OF THE PROPERTY DESCRIBED BY QUIT -CLAIM DEED OF RECORD IN BOOK 254, PAGE 585, COLE COUNTY RECORDER'S OFFICE; THENCE N47°53'48"W, ALONG THE SOUTHERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 254, PAGE 585 AND CONTINUING ON SAID COURSE, ALONG THE SOUTHERLY BOUNDARY OF THE PROPERTY DESCRIBED BY DEED OF RECORD IN BOOK 652, PAGE 959 (ATTACHMENT A), 27.55 FEET TO THE MOST WESTERLY CORNER OF SAID PROPERTY DESCRIBED IN BOOK 652, PAGE 939 AND SAID CORNER BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE N57'02'10"W, 54.10 FEET; THENCE NORTHWESTERLY, ON A CURVE TO THE LEFT, HAVING A RADIUS OF 338.00 FEET, AN ARC DISTANCE OF 189.47 FEET {THE CHORD OF SAID CURVE BEING N73°05'41"W, 186.99 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE PROPERTY DESCRIBED BY DEED OF RECORD IN BOOK 661, PAGE 203, COLE COUNTY RECORDER'S OFFICE; THENCE N42°09'22"E, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PROPERTY DESCRIBED IN BOOK 661, PAGE 203, 38.21 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE N47'53'48"W, ALONG THE NORTHEASTERLY BOUNDARY OF SAID PROPERTY DESCRIBED IN BOOK 661, PAGE 203 AND CONTINUING ON SAME COURSE, ALONG THE NORTHEASTERLY BOUNDARY OF THE PROPERTY DESCRIBED BY DEED OF RECORD IN BOOK 373, PAGE 526, COLE COUNTY RECORDER'S OFFICE, 103.05 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE U.S. HIGHWAY, ROUTE 54 AND MADISON STREET CONNECTION RIGHT-OF-WAY; THENCE Page 1 of 4 N26°11'00"E, ALONG SAID CONNECTION RIGHT-OF-WAY LINE, 48.63 FEET; THENCE N42006'03"E, ALONG SAID CONNECTION RIGHT-OF-WAY LINE, 3.24 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF THE PROPERTY DESCRIBED BY DEED OF RECORD IN BOOK 120, PAGE 62, COLE COUNTY RECORDER'S OFFICE; THENCE S47053'48"E, ALONG SAID BOUNDARY DESCRIBED IN BOOK 120, PAGE 62 AND CONTINUING ON SAME COURSE, ALONG THE SOUTHWESTERLY BOUNDARIES OF THE PROPERTY DESCRIBED IN BOOK 220, PAGE 951 AND BOOK 269, PAGE 673, COLE COUNTY RECORDER'S OFFICE, 338.98 FEET TO THE POINT OF BEGINNING. CONTAINING 0.28 OF AN ACRE. (the "Russell Street parcel"). The aforesaid conveyance and transfer of property is subject, however, to any reservations, easements or restrictions of record and any zoning laws, regulations or ordinances affecting the said property. 2. Conveyance to the City. CRMC agrees to convey to the City and City agrees to receive from CRMC, on the terms and conditions hereinafter set forth, the following described real estate (including all improvements located thereon) situated in the County of Cole, State of Missouri, to -wit: PART OF OUTLOT 77, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID OUTLOT 77, BEING A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF MONROE STREET; THENCE S42°06'54"W, ALONG THE SOUTHEASTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN BOOK 647, PAGE 714, COLE COUNTY RECORDER'S OFFICE, BEING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF MONROE STREET, 10.00 FEET; THENCE N48'01'20"W, 198.00 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN BOOK 680, PAGE 799, COLE COUNTY RECORDER'S OFFICE; THENCE N42006'55"E, ALONG THE NORTHWESTERLY BOUNDARY OF SAID PROPERTY DESCRIBED IN BOOK 680, PAGE 799, 10.00 FEET TO THE MOST NORTHERLY CORNER THEREOF, BEING A POINT ON THE SOUTHWESTERLY RIGHT- OF-WAY LINE OF EAST FRANKLIN STREET; THENCE S48°01 '20"E, ALONG THE NORTHEASTERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 680, PAGE 799, BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF EAST FRANKLIN STREET, 100.00 FEET TO THE MOST EASTERLY CORNER THEREOF, BEING THE MOST NORTHERLY CORNER OF SAID PROPERTY DESCRIBED IN BOOK 647, PAGE 714; THENCE S48001'20"E, ALONG THE NORTHEASTERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 647, PAGE 714, COLE COUNTY RECORDER'S OFFICE, BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF EAST FRANKLIN STREET, 98.00 FEET TO THE POINT OF BEGINNING. (the "Franklin Street parcel"). The aforesaid conveyance and transfer of property is subject, however, to any reservations, easements or restrictions of record and any zoning laws, regulations or ordinances affecting the said property. 3. Informational Title Reports. The parties hereto shall obtain Informational Title Reports concerning both parcels from Cole County Abstract & Title Co., the cost of which shall be shared equally by the parties. In the event that either party hereto is dissatisfied with the status of title to the parcel to be Page 2 of 4 received by said party, said party shall have the right to terminate this agreement by notice to the other party. 4. Closing. The sale under this Agreement shall be closed at City Hall at 320 E. McCarty Street, Jefferson City, MO 65101, on or before the 29h day of January, 2021 at 9:00 a.m. or at such other time and place as the parties may mutually agree. CRMC and City shall each convey their respective interests by quit claim deed. 5. Possession. Possession of the properties shall be delivered to the City and CRMC, respectively, at the time of closing between the City and CRMC. 6. Expenses. Except as otherwise provided herein, the City and CRMC shall each bear their own expenses with regard to the discharge of each parties' duties under this contract. 7. Hold Harmless. To the extent allowed by law, each party expressly agrees to indemnify and hold harmless the other from any and all liabilities, claims and expenses related in any way to the acquisition or ownership or use or conveyance of the properties, specifically including but not limited to any claims, damages, and expenses related in any way to hazardous wastes and materials, or to the operation of any business or utility on the premises. The terms of this paragraph shall survive closing and the property conveyances. 8. Law of Missouri. The Agreement shall be construed according to the laws of the State of Missouri. Upon acceptance of this Agreement, both parties shall comply with all local, state, and federal laws and regulations related to the performance of the Agreement to the extent that the same may be applicable. 9. Paragraph Headings. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 10. Continuation ofObligations. The rights, obligations, and representations and warranties under this agreement or under any other document entered into under this agreement will not merge on closing. 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 properties 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. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement, the day and year last signed by a party as indicated below, written and acknowledge receipt of one copy of the contract. City of Jefferson, Missouri Mayor Dated: Attest: 40ityerlk r� Approved as to form: City ttor y Cap' egion Medical Center C7 42� dl�lm� President q Dated: �c - /• — 1C)2.-0 Attest Secretary Page 4 of 4