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HomeMy Public PortalAboutORD11261 BILL NO. 89-59 SPONSORED BY COUNCILMAN HAAKE MASON ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE REAL ESTATE OPTION AS IT PERTAINS TO ST. MARY'S RIGHT-OF-WAY. 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 amendment to the Real Estate Option pertaining to St. Mary's right-of-way, as authorized by Ordinance 10972. Section 2. The amendment shall be substantially the same in form and content as that amendment attached heret©. as Exhibit A. Section This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved /9 s di fficer ayor ATTEST: City Clerk t •' • AMENDMENT--TD REAL ESTATE OPTION COP�TRAC THIS AMENDMENT TO REAL ESTATE OPTION CONTRACT ("Amendment") is entered into by and between SSM HEALTH CARE, a Missouri not- for-profit corporation doing business as St. Mary's Health Center in Jefferson City, Missouri ("Buyer") , the HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI, a Missouri Corporation ("Owner") , and the CITY OF JEFFERSON, a Missouri constitutional charter city ("City") , on the following terms and conditions: WITNESSETH: WHEREAS, Owner and Buyer have previously entered into a Real Estate Sale Contract dated May 15, 1986 ("Contract") for the purchase by Buyer from Owner of certain parcels of real property including a parcel designated therein and herein as Parcel H-3; and WHEREAS, Owner, City and Buyer have previously entered into a Real Estate Option Contract dated December 11, 1987 ("Option Contract") regarding the same property; and WHEREAS, the parties wish to amend the above agreements in order to. allow Owner to sell a portion of the property which is . not needed by the City of Jefferson to Fechtel Beverage, Inc. , of Jefferson City, Missouri; with the understanding, however, that if Fechtel Beverage, Inc. does not purchase the property by August 31, 1989, this Amendment shall no longer be operable and the property would once again be fully subject to the option of Buyer as set out in the Real Estate Sales Contract as amended: NOW, THEREFORE, in consideration of the premises the ® parties do hereby agree as follows: 1. Buyer and City hereby release the portion of the real estate described in Exhibit 1 attached hereto and incorporated herein by reference from the Real Estate Sales Contract and the Real Estate Option Contract, on the condition that the property be sold by Seller to Fechtel Beverage, Inc. by no later than August 31, 1989. 2. In all other respects the prior agreements as modified in, writing' are hereby reconfirmed. IN WITNESS WHEREOF, the parties have executed this AtnendmT n���Cc�ntract as of this day of i OWNER: Mo �.`+`e.^�ftl!' ;t.3!'Ji,�yL1�J.: ,i'i�•n=�.;'ri:;.:: •+� .'Zr,s'���i��*j �'r•* ':' HOUSING AUTHORITY OF THE CITY OF JEFFERS N, MISSOURI r, r Title. G<l+9rk,h9� Attest: Secretary BUYER kk SSM HEALTH CARE d/b/a St. Marys Health Center, Jefferson City, MO By: Ad &46V Jycklx-, A== _ y; ;? .••r .. Title: PresHi t OVA -d ecretary A �2- ;w� 1 ' . r CITY: By kti Tit k3L COUNTYOF 'COLE ) On this 16reday of �9�/•� � 1989, before me appeared c% = to me personally known, who, being by me duly sworn, did say that he is the Ae of HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI, a corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of gaid corporation, by authority of its Board of Directors; and said �c�-�- d _ acknowledged said instrument to be thee act and deed of said corporation. 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. NOTARY PUBLIC NOTARY PUBLIC, STA I E L1= i6lS �?URI My Commission Expires: COUNTY OF COLE MY on Expires Nov. 8,-1992 _. STATE OF MISSOURI ) ss . COUNTY OF ST. LOUIS ) On this 14th day of July 1989, before me appeared Sister Mary Jean Ryan to me personally known, who, being by me dul sworn, did say that she is President of SSM. Health Care owning and 4erating St' Marys Health Center, Jefferson City, MO., and that this instrument was signed and sealed on behalf of said corporation, by authority of its Board of Directors , and acknowledged said instrument to be the free act and deed of said corporation. -3- t+ v► 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. NOTARY Po UHLIC S• _p� KATHLEEN V. FERGtJ �iN; ; My Commission Expires: L_______ NOTARY PUBLIC, STA�E''O)k`t19$t�J1:';; MY COMMISSION ST L ''7ly1O'j(Y'j�j r? " r i f EXHIBIT 1 All of Inlot No. 779 of the City of Jefferson, Missouri, EXCEPT for Tract 4, which is described as follows: Beginning at the most Westerly corner of said Inlot 779; thence N42 014114"E along the Northwesterly Line of said Inlot 779, 74 .01 feet; thence leaving the Northwesterly Line of said Inlot 779 on a bearing of S76 037115"E, 4.O0 feet; thence S32 030'36"W, 77.12 feet to the Southwesterly Line of said Inlot 779; .thence N47 032.08"W along the Southwesterly Line of said Inlot 779, 16.53 feet to the POINT OF BEGINNING. Containing in all, 757.22 square feet (0.017 acres) . and EXCEPT for Tract 5, which is described as follows: Beginning at the most Northerly corner of said Inlot 779; thence S47 030121"E along the Northeasterly Line of said Inlot 779, 45.00 feet; thence leaving the Northeasterly Line of said Inlot 779 on a bearing of S42 014114"W, 100.00 feet; thence N76 037' 15"W, 51.38 feet to a point on the Northwesterly Line of said Inlot 779, said point being 74 .01 feet Northeasterly of the most Westerly corner of said Inlot 779; thence N42 014 ' 14"E along the Northwesterly Line of said Inlot 779, 125.00 feet to the POINT OF BEGINNING. Containing in all, 5,062.45 square feet (0. 116 acres) . d .