HomeMy Public PortalAboutORD14167 • BILL NO. 2006-141
SPONSORED BY 1Brown
ORDINANCE NO. l �
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
COSMOPOLITAN CLUB FOR THE ABROGATION OF LAND USE RESTRICTIONS.
WHEREAS, the City conveyed to the Cosmopolitan Club of Jefferson City, Missouri, Inc.,
("Cosmo Club"), subject to certain land use restrictions, the following described as follows:
A tract of land situated in Cole County Missouri more particularly described as: The south 1720 links
of the east half of the southeast fractional quarter of section 20,Township 44,of Range 11,containing
36 acres, more or less.
Also a parcel of land, located in the southwest quarter of Section 21,Township 44, Range 11, more
particularly described as follows: Commencing at the southwest corner of Section 21 easterly along
the southerly line of Section 21,6.56 feet,thence north 24 degrees East 38.75 feet,thence north 24
degrees 37 minutes 30 seconds East 196.70 feet, thence north 14 degrees 53 minutes East 95.72
feet, thence north 0 degrees 15 minutes 30 seconds East 83.45 feet, thence north 11 degrees 8
minutes west 160.76 feet, thence north 4 degrees 25 minutes East 104.13 feet, thence north 16
degrees 24 minutes East 148.1 feet,thence north 3 degrees 47 minutes East 73.37 feet,thence south
• 83 degrees 22 minutes 11 seconds west 240.53 feet to the westerly line of Section 21, thence
southerly along the westerly line of Section 21 to the point of beginning.
Also the use of a strip of land 20 feet wide for road purposes, running thru the north part of the east
half of the southeast quarter of Section 20,Township 44, Range 11,as described in deeds recorded
in the Recorder's Office for Cole County, Missouri, in Book 9, at pages 200 and 201. Herein
referred to as the "Property", and
WHEREAS, the Cosmo Club has certain expenses maintaining the property and
wishes to make certain improvements to the property representing a significant investment
in the property;
WHEREAS, the City wishes to facilitate the maintenance and improvement of the
property;
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 and directed to enter
into the agreement attached hereto and marked Exhibit A.
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1
• Section 2. This Ordinance shall be in full force n effect n
a d e ect fr m o and after the date of
its passage and approval.
Passed:
d"�At,�t 1 q AW17 A pr
P esiding Officer Mayor
ST: APP OVE AS O FORM:
City Clerk City C unselor
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• AGREEMENT AND
DECLARATION OF ABROGATION OF CERTAIN RESTRICTIONS
THIS AGREEMENT made and entered into by and between the City of Jefferson; a
municipal corporation of the State of Missouri, Party of the First Part and the Cosmopolitan Club
of Jefferson City, Missouri, Inc., hereinafter referred to as_the"Cosmo Club."
WITNESSETH, for the consideration of one dollar, the receipt of which is hereby
acknowledged,and other good and valuable consideration,receipt of which is hereby acknowledged;
WHEREAS, the Cosmo Club has certain expenses maintaining the property and wishes to
make certain improvements to the property representing a significant investment in the property;
WHEREAS,the City wishes to facilitate the maintenance and improvement of the property;
and
NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants and
obligations of the parties hereto, the parties agree to as follows:
1. Abrogation of Certain Restrictive Uses:
• The City of Jefferson and the Cosmo Club expressly declares and states that the following
restrictive uses, covenants and options are abrogated,and shall no longer apply to the
aforesaid purchase grid-shall no longer run with the land:
Paragraph 3(b)The Land shall not be used for private commercial purposes or profit making
enterprises.
Paragraph 3(e)The Cosmo Club shall not rent or license the use of the land to utilize same
for any commercial or profit making purposes or for purely social purposes where alcohol
is served or entertainment provided.
All other restrictive uses, covenants and options shall remain in full force.
2. Future Voluntary Annexation:
To the extent allowed by law, City may annex the subject property into the City,
without further action of the Cosmo Club, after the property becomes contiguous to
the corporate limits of the City.
The Cosmo Club irrevocably appoint the City Administrator of Jefferson City,
UAReal Estate\Transactions\Cosmopolitan Club\RELEASE.wpd
• Missouri, as their attorney-in-fact for the sole purpose of presenting a verified
petition requesting annexation of the property to the City Council of Jefferson City,
Missouri. The City Administrator may exercise this power of attorney at any time
after the property becomes contiguous to the corporate limits of the City. The Cosmo
Club on their behalf, and on behalf of their heirs successors and assigns do hereby
waive any notice of the filing of the petition,do hereby consent to the granting of the
petition, and do hereby waive any objections, statutory or otherwise, to the
annexation of the property into the City of Jefferson. The Cosmo Club does hereby
authorize the City to take whatever action necessary to complete the annexation of
this property.
If requested by the City Administrator, the Cosmo Club shall, within such time as
specified by the City Administrator,submit a verified petition requesting annexation
of the property to the Deputy Director of Planning and Transportation for
presentation to the City Council of Jefferson City,Missouri. The City Administrator
may request the Cosmo Club to present an annexation petition at any time after the
property becomes contiguous to the corporate limits of the City. The provisions of
this paragraph shall be enforceable by specific performance.
The Cosmo Club further agree that they shall not consent to voluntary annexation by
any other municipality without the consent of the City.
• II
This Agreement is entered into and executed after consideration and favorable vote by the
City Council of the City of Jefferson, Missouri and the membership of the Cosmopolitan Club of
Jefferson City, Missouri, Inc., as evidenced by the signature of the chief executive officer of each
organization, and all parties intend that they, their successors and assigns be fully bound by.
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year
first above written and acknowledge receipt of one copy of the contract.
CITY OF JEFFERSON, MISSOURI COSMOPO ITAN CLUB OF
JEFFERS CITY, OURI,INC.
U
Ma r resident
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• TED: ATTESTED:
City Cler Secr ary
APPROV S TO
City C u se or
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