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Home My Public Portal AboutORD14238 BILL NO. 2007-54 SPONSORED BY COUNCILMAN Klindt ORDINANCE NO. 14 ✓;� 3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LOUIS H. VETTER AND NAOMI J. VETTER. 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 a Development Agreement with Louis H. Vetter and Naomi J. Vetter. Section 2. The agreement shall be substantially the same in form and content as that 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: ;w7 Approved: r iding Officer Mayor ATT PVED AS O FORM: City Clerk City ounselor No. 200711144 � Bk555P® 37 State of Missouri Cole County RECORDED Oct 15, 2407 8:47:5$ AN Larry D. Rademan, Recorder of Deeds /� Fees $30.00 d- c t 4 �� D rut:a �� TRUSTEE GENERAL WARRANTY HEED This Indenture,Made on the day of ,2007,by and between Louis H.Vetter and Naomi J. Vetter,Trustees of the Louis H.Vetter and Naomi.1.Vetter Living Trust dated February 21, 1992, of the County of Cole, in the State of Missouri, Grantors, and The City of Jefferson, Missouri (Grantees' mailing address: 320 East McCarty,Jefferson City,MO 155101),of the County of Cole, in the State of Missouri, Grantee; WITNESSETH, That Grantors, in consideration of the sum of Ten Dollars and other valuable consideration, to Grantors paid by Grantees,the receipt of which is hereby acknowledged,does by these presents,GRANT, BARGAIN,AND SELL, CONVEY AND CONFIRM unto Grantee, Grantee's successors and assigns, the IQllowing described lots, tracts or parcels of land lying,being and situate in the County of Cole, State of Missouri, to wit: Real Estate described on attached Exhibit designated Tract 2 which begins on Page 3 hereof Subject however to restrictions and easements of record. Grantors state that they are the Trustees of the Louis H. Vetter and Naomi J. Vetter Living Trust dates! February 21, 1992, that said Trust is in full force and effect and has not been changed,amended or revoked,and that pursuant to the terms of said trust they have full authority to convey the property described herein. ']'his document,including the legal description,is prepared with the information furnished by a party or agent of a party to Hendren and Andrae,L.L.C. and without title search or examination. TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights,privileges,appurtenances and immunities thereto belonging or in anywise appertaining, unto the said Grantee and unto Grantee's successors and assiLgns FOREVER, the said Grantors hereby covenanting that Grantors are lawfully seized of an indefeasible estate in fee in the premises herein conveyed;that Grantors have good right to convey the same; that tine said premises are free and clear of any encumbrances done or suffered by Grantors or those under whom Grantors claim and that Grantors will warrant and defend the title to said premises unto the said Grantee,and unto Grantee's successors and assigns FOREVER,against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, die said Grantors have hereunto set their hands and seal the day and year first above written. Louis H. Vetter,Trustee 2"tae?w 9 Naomi J. Vetter,Trustee STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this-n day of ,2007,before me personally appeared Louis H.Vetter and Naomi J.Vetter,to me known to be the persons described in and•vho executed the foreuoin-instrument.and acknowled;ed that they executed the same as their free act and deed as Trustees. In Testimony Whereof,I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. (7) s Nota y Public My Comnussion Expires: LA—, 2DUZ oi 6 ' ��° +M+ Y ,.x,1'6� ��•A`lf,�'�`� r. h'. TRACT 2 Part of Lot 6,of"SCHOTTHILL WOODS SUBDIVISION,SECTION ONE",as per plat of record in Plat Book 11,Page 145,Cole County Recorder's Office,a subdivision of part of the South Half of the Northwest Quarter and the North Half of the South Half of Section 21,Township 44 North Range 11 West, and part of RESERVED TRACT B`,of CYPRESS POINT SUBDIVISION SECTION 1T,as per plat of record in Plat Book 12,Page 51,Cole County Recorder's Office,a subdivision of part of the Northeast Quarter of Section 20,Township 44 North,Range 11 West,in the City of Jefferson,Cole County,Missouri;more particularly described as follows: Beginning at the southwest comer of Lot 6,of said"SCHOTTHILL WOODS SUBDIVISION,SECTION ONE";thence N85°43'30"E,along the southerly boundary of said Lot 6,208.94 feet to the westerly right-of-way line of Eastland Drive as described in Book 360,Page 942,Cole County Recorder's Office; thence N07°55`14"W,along the westerly right-of-way line of said Eastland Drive,56.26 feet;thence S85°52'32"W,90.83 feet;thence northwesterly,on a curve to the right having a radius of 280.00 feet,an are length of 530.55 feet,the chord being N39°50'30"W,454.67 feet to the northerly boundary of RESERVED TRACT B',of said CYPRESS POINT SUBDMSION SECTION U; thence S83°38'13"W,along the northerly boundary of said RESERVED TRACT B',53.78 feet;thence S56°54'04"W,along the northerly boundary of said RESERVED TRACT'B',80.61 feet to a point 70.00 feet northeasterly of if measured at right angles to the southwesterly boundary of said RESERVED TRACT`B';thence S37°14'27"E,parallel with and 70.00 feet northeasterly of the southwesterly boundary of said RESERVED TRACT`B',459.36 feet to the westerly extension of the southerly boundary of Lot 6,of said"SCHOT IML WOODS SUBDIVISION,SECTION ONE";thence N85"43'30"E,along the westerly extension of the southerly boundary of said Lot 6,24.33 feet to the point of beginning. Containing 35,185.6 square feet. L , • DEVELOPMENT AGREEMENT This agreement is entered into this X day of s2007 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Miss uri, 65 10 1, a municipal corporation,hereinafter referred to as "City", and Louis H. Vetter and Naomi J. Vetter, Trustees of the Louis H. Vetter and Naomi J. Vetter Living Trust dated February 21, 1992, hereinafter referred to as "Vetter". WITNESSETH WHEREAS, Vetter intends to develop or offer for development for commercial uses a parcel of property located in the vicinity of East Elm and Eastland Drive in Jefferson City, Cole County,Missouri, as depicted on Exhibit A attached hereto, and has a buyer who has required that Vetter request a change in zoning to C-1 as a condition to purchase, and Vetter has agreed to do so (said buyer being hereinafter referred to as"Buyer"); and WHEREAS, The City has requested that Vetter consider the extension of East Elm Street through the Vetter property in order to allow a relocation of a part of East Elm in order to align with Schotthill Woods Drive in accordance with the City Transportation Plan; and WHEREAS, Vetter is willing to consider the City request; and • WHEREAS, The City may enter into agreements from time to time to insure the orderly development of property in and around the City; NOW THEREFORE, subject to the provisions of paragraph 7 hereof, the parties agree as follows: 1. Vetter shall transfer to City land for the extension of East Elm Street as depicted on the attached Exhibit B to enable City to construct the street. Vetter shall convey a strip of land of approximately 70 feet in width as depicted on attached Exhibit D to add to the adjoining lots which front on Brady Drive to create a buffer between the residential and commercial zoning. The conveyance shall contain a restriction prohibiting the Residents from constructing any permanent valuable structure on the land therein conveyed. Vetter shall not retain property south and west of the proposed street extension. 2. The City shall permit two entrances on Eastland Drive and one entrance on existing East Elm. One of the entrances onto Eastland shall be at the location of the future realignment of East Elm to Eastland, and the City shall grant an easement to Buyer for such entrance, which easement shall expire upon construction of the relocated East Elm. Upon realignment of East Elm,the City shall permit a total of two entrances on relocated East Elm. All such entrances shall, at the time of construction thereof, comply to the extent possible and practicable with the then-existing city code concerning such entrances. • 3. Any buffer required by the City or the Zoning ordinance between the residential property to the south and west of the property will be exclusively located upon the property • conveyed to the City or to the residents of the adjoining properties which front on Brady Drive pursuant to paragraph 1. 4. The City will consult with the then owner of the Vetter property if and when it prepares plans for the relocation of East Elm. 5. If relocated,the City will,unless otherwise required by law, convey the vacated East Elm right of way to Vetter or Vetter's assigns. A depiction of the area to be vacated is attached hereto as Exhibit C. 6. This Agreement is for the benefit of the parties hereto and for the benefit of Buyer, Buyer being an intended beneficiary hereof with the right to enforce the provisions hereof. This Agreement shall run with the land and shall further inure to the benefit of and shall be enforceable by the successors in interest of the parties hereto and Buyer. The deed of the property to Buyer shall include a reference to this Development Agreement in order to impart public notice of the provisions hereof. 7. The parties hereto acknowledge that the Council of the City of Jefferson has acted to change the zoning for the Vetter property to C-1. IN WITNESS WHEREOF. The Parties have set their hands the date written above. City of Jeff Trustees of the Louis H. Vetter and Naomi J. Vetter Living Trus ted February 21 1992 B ouis H. Vetter, Trustee Naomi J. VW6tter, Trustee • Exhibit A Depiction of area for which C-1 zoning is requested • • -7 �t'04• EXCHANGE BANK TRACT B-1, PART OF LOTS 2, 3, 4, 5, 6, TO BE REZONED 2.' v�, TOTAL AREA TO BE REZONED = 160386 SQ. FT. McDONALDS S ---------- SHERRI RUSSELL ly) PRIVATE DRIVE 2 TO GERBES EUM STREET LOVED CA ED jo Vt11*-r RE SdV E&TRACT-B - ( 3 ) JEFFERSON BANK' 1907 0- BRADY DRIVE 11 v cn CHARLES OEM B-1-4 0 PATRICIA A. CASTLEMAN 4-1 4 T 6792-9.6°tq ft LEX_'� z Ew wrp j I Cl W BRADY DRIVE Qo Lots 2,3;4,5,6 SUSANNA EME {S 640 sq ft VOWA A 6245 (u PIZZA HUT A 51 k R '01�1 READY 0 'A BRADY ;)u TERRY O &USA M Ttil, OKI)PD rn `(" ip 0 ScHOTTHILL WOODS 'k tp BRADY DRIVE W, DRIVE (60'RNV) ONAG cp dt TRAMS JENNIFER FORD z f. lw- dur IC—II GARY 0.8 USA M. HEISLEN r..• BERTHA S.MCMUIAN 920 C. EASTLAND I MD MISSOURI SURVEYING CO.LLC 2610 BALD HULL ROAD P0/41 lip. JEFFERSON CITY MO.65101 m W— 2001 BRADY DRIVE IL (D; r in REZONING SURVEY R PEGGY&ROEMER s1kc za LOUIS VETTE • Exhibit B Depiction of Area to be transferred to City • III I L IWO -7 EXCHANGE "-..BANK TRACT B-1, PART OF LOTS 2, 3, 4, 5, 6, TO BE REZONED TOTAL AREA TO BE REZONED = 160386 SQ. FT. McDONALDS SHERRIRUSSEU. PRIVATE DRIVE X) (.2 TO GERBES EU C-4 &I STREET DC4 EWD .A-3 E VED TRACT (.3 JEFFERSON BANK 1907 DRAW DRIVE T-1 1, -Fur- CHARLES DEAN B-1 ; &PATRICIA,A W CAS7LEMAlf 0 -4) 67929.6 sq ft z T 001., tip loll BRADYDRIVE M 0 CwY.L a SI 1< SHXNA EE Lots 2,3,4,5,6 92456.40 sq ft ip (u U) &1= i PIZZA HUT 0 > 8WRIABOYD)MVEE ai tar TERRLK a USm A Kc um !j tQquo--—-- n Im RS-2 m SCHOTTHILL WOOE�S /dol. W BRADY DRIVE DRIVE (60'RM TRAvlS&JEJORFER I= dT► C•1 I GARY D.&USA M. HEIR" Iw- BERTHA S.MCMILUM I r CS C• EM7LAM MD MISSOURI SURVEYING CO.LLC LEgEn _ 8 A I P014"p. 2610 BALD 1-111.1,ROAD JEFFERSON CITY MO.65101 m W 2001 BRADY DRIVE IL REZONING SURVEY PEGGYRROEMER S(D;;FCrjoNl i LOUIS VETTER 'm mum r' a rf r.w r" unm 6m - rw Kph it • Exhibit C Depiction of area of East Elm Street referenced for possible abandonment. • • 1 EXCHANGE 1 j I �.,:�a• : BANK 1 1 l r9 / TRACT B-1, PART OF LOTS 2, 3, 4, 5, 6, TO t3E REZONED I i TOTAL AREA TO BE REZONED = 160386 SQ. FT. Flry�s j I McDONALDS / . � R.ly` _ � i j SMERRI RU85ELL PRIVATE DRIVE • � �r i TO GERBES E I STREET ZDNED G, �NED .�T°'•K— _ I I ZONED R8a r ZONED RD I I I A, RESdRVED TRACT'B'� (.3 } I II Ilp? S JEFFERSON BANK- T-1 j _'•Y' BRADY DRIVE ; r I N .��. r• N CHARLES DEAN �• E &PAI CIA CASTLEMAN 67929.6 sq ft :0 :4 1 _ ;T; } s� �..g.._•. - J 6�9usANN11EVIE p��'ti,Q N Lots 2,3,4,5,6 I ^ I �. s r ,n 92456.40 sq ft I \ \ p I�' ��P�'A� IC ,s i I PIZZA HUT I o < BRNDYBIDRIVE \ �O>` I 3 I I I TERRY N.8 USA M. �_N'^.. .. (n G`rte ARMOUR b E RS-Z� ,ice F I ° ILL WOODS y � SCHOTTH s BRADY DRIVE z DRIVE (60,RNV) O �o�No \ �O TRAVIS 6'JENNIFER FORD — "41 ,C•II GARNE,SU S M. \ � � �.-:.� i T) I Q� 'Gib•; o Mx�� • \• �'� BERTHA&MCM(UM r? 49 c EASeTgUo ND I I MD MISSOURI SURVEYING CO .LLC\> � N 61 mol 'S JEFFERSON CITY MO.65101 - -++r•-� ��, BRADYDRrvE .!"f S� REZONING SURVEY PPEGGY B.ROEMER N'rECj�ON I (� � i „OUIS VETTER Aw • Exhibit D Depiction of land to be conveyed to adjoining owners. i • (O t�qF i EXCHANGE BANK TRACT B-1, PART OF LOTS 2, 3, 4, 5, 6, TO BE REZONED . 2 TOTAL AREA TO BE REZONED = 160386 SQ. FT. McDONALDS PRIVATE DRIVE SHERRI RUSSELL X.) 1.2 TO GERBES 1820 ELM STREET ZONED CA -CAL ED RES66ED TRACT 3 II I JEFFERSON BANK RADY DRIVE CHARLES OEM &H PATRIMA, B-1 C C 0 4)•ASTLEMAN 67929.6 sq ft to ;T; op, t CT loll BRADY DANE 'p, 92456.40 sq ft �-! 8 Lots 2,3,4 5 6 CODY I A S=USAN4N1AE%AE cr. PIZZA HUT u t 0 <•" WN 1.1RW.E d1f-1 TERRY K A USA M. V n ARMOUR rn Eta ':z . twD-11"i cn (V, 0 i0v X 0 SCHOTTHILL WE)BRADYDRAM S'� ' ICs•11 y �'I:`go p 0 DRNE (60' r TRAMS a JENNIFER FORD r 1w. ANL GARY D.&I=M. ......... HEISLEN Ef 7) BERTHAS.MCMILLIAN c EASTLAND MID MISSOURI SURVEYING CO.LLC If 2610 BALD tULL ROAD P0/1971:8p. 2WI JEFFERSON CITY MO.65101 70/v BRADY DRIVE - REZONING SURVEY PEGOYB.ROEMER LOUIS VETTER