HomeMy Public PortalAboutORD11367 . y
< * r .d !,'' i.k..cJ :_: aY}t�'�¢ ?V%'.5i{t�� �:: t ia,y. ... /�r xity, v v yr�>ir dr t:: iFq ,.z :..�i• : rib..t. r t ,dF
t1±�•y� 1 )it
BILL NO. 89-168
r =
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. 'I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EDWARD P. STORY
FOR THE PURCHASE OF REAL ESTATE FOR THE RELOCATION OF A SANITARY
SEWER PUMP STATION IN CONJUNCTION WITH THE NEW MISSOURI RIVER
BRIDGE PROJECT.
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 Edward P. Story for the
purchase of real estate for the relocation of a sanitary sewer pump
station in conjunction with the new Missouri River Bridge project.
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 Approved
a;
esidi 207officer Mayor
t ,
ATTEST:
fyyyy ' City Clerk
6�Y
yea • .: .
I(y�
i
. f
F,
r. �,�C1M�x_ X ;7r•"'5"v t��•icy r� x7� .Z.iMr.ppt-t�..4r{{{� t �'S. jf :4 1`
r `5f d t:,y +yt' }} �+ Yti J(1y�'Vgi•�. t{4. V �?h f, r.
Mr E 1101 IV
f .t
t ,�v' f Ak...i. 5 a" .. ''"•xt�d� d 3 S3 F � 2t' t+r. ri±. ,r � ..i', z�S .tt
.:J• 'iSr Cr.f':A y'...I ., ..i. ,. f ..',.,.. f�f. .t ., _ r,ts� .. T'..�. $� � r'1ii,s."i:>a `'� ':}•1
YsAr.21�P"'-�tYtl,S
y �iw
�i.} .^✓t � v '3t"r{,R .{"{'��'7"1.5� '-l��-t %k " {1 't�rl "�p '
5* w{'d.t i Y S r. •b.R r.f',Y. t <. d r r { f i '2, '•t
f 1�,<Y 4?C ✓s y.t'' 3^.+ y� {�( ?y,tg 3 Pzv'X'7 .WIT,
,
14kg t3it
w Viii. .{Yr,4 F13 'f ktr�M 1ittr ii "{
1
... U7
CONTRACT FOR THE SALE OF REAL ESTATE
)Ak
i THIS CONTRACT, made and entered into this /3 day
F�bS �a� , 1990, by and Edward P. Storey, hereinafter
referred to as Sellers, and The City of Jefferson, Missouri, a
municipal corporation, hereinafter referred to as Buyer. a,#;
t, WITNESSETH,
1, SALE OF PROPERTY. For and in consideration of the mutual r
� obligations of the parties hereto, the Sellers hereby agree to sell ;
and convey unto the Buyer and the Buyer agrees to purchase from
Sellers, upon the terms and conditions hereinafter set forth, the
following described real estate situated in the County of Cole, r"
a State of Missouri, to wit: y
z. A parcel of land in the West half of the Northeast Quarter of t ^4 n
Section 16, Township 44 North, Range 11 West, in the City of w
Jefferson, County of Callaway, Missouri; said parcel being ;
more particularly described as follows: pg,
From the Northeast corner of the West half of the Northeast
thence West along the North line
Quarter of said Section 16; Y
k of said Section 16, 872.6 feet; thence South, 203 .4 feet to
the most Northerly corner of a parcel as described in Book
218, Page 688, of the Callaway County Recorder's Office; _
k • thence South 43 degrees 33 minutes East along the .,
°r, �;�� Northeasterly line of said parcel in Book 218, Page 688 and
L�
t the Southeasterly extension of said Northeasterly line, 428 . 6 fit}
feet more or less, to the most Westerly corner of a tract s
conveyed to Merco Leasing Company, thence tcontinuing South 43
€l degrees 33 minutes East, along the Southwesterly line of said `T
r ; Merco Leasing Company tract, 127.85 feet to the POINT OF
G BEGINNING for this description; thence continuing South 43
degrees 33 minutes East, along the Southwesterly line of said
Merco Leasing Company, 45.00 feet to the Westerly line of Ramp
No. 1 of Missouri State Highway Project 5-U-54-C, Route 54 ; ¢t
thence leaving said Southwesterly line in a bearing of South
43 degrees 16 minutes 50 seconds West along said Westerly
line, 28.48 feet to a point 85 feet left of centerline Station
9+40.47 of said Ramp No. 1; thence continuing along said
rx Westerly line on a bearing of South 36 degrees 54 minutes 00
seconds West, 16.80 feet; thence leaving said Westerly line
z.
on a bearing of North 43 degrees 33 minutes West, 49 . 36 feet;
thence North 46 degrees 27 minutes East, 45.00 feet to the h,
POINT OF BEGINNING. Containing in all, 0.048 acres.
�dts'
t'
INGRESS-EGRESS & ELECTRIC EASEMENT
ALSO an easement for the purpose of ingress-egress and the
providing of electrical energy to the above described parcel ;
said easement being across part of the West half of the
F . Northeast Quarter of Section 16, Township 44 North, Range 11
IY 4,
I+
YY� Y 2 ��-�'tfS'r 5 �.`r r"'t° �,:+'A r fsr' It i• >' Szxf Ss'v! tSG tY i5' Jz zy
rrr w ✓; J�+ 1ty�. a*, bar � )Y iS� dr}r1"'91 k t!a� ':.r } i s b 2 � i,t,:r .�,,. xzp, .r�.r�S'....�:3 � ;4d� ;.
� s tip-t'Ki#�• 1 C v��;tn�;i�'17 �',rr.'y..3tv.! :4:,"�y, •� U '°�:S' J'9fr t, i5 f!{ rf �i� ib ✓� �` .�5��.;f C,if � t�
.......... 1 •5- i.
.; r J4.
- •
.."'.k."`t;i^r. i � :CM�tt i 7. it•:l i., ft sir 4 f 1I.11 Y. h{ 'T
.fie
it+ 'gym'".. I ;�� .�:;J. ..@#.' .75,'t'#$lJ' .:f• .�t>�i.
..t{w1i`:+ vf3sa.
y, a `:,.. s +. i' ,sy Ytfi?t ��''' k31`�t:.; i£`{ii= ra: t !r ('9 •i<t .t�.cr! 'fit�s'Ykl1-{"i�J,'i'4(.. �. U a t.}.: �y�+
•` `` 's P i 117 '!. z' y it tt l Fr } l 7 u
.:} .`��f`f+?�. :'.�`k'lrl�..iY7� 'ktadax.`.'c•.......x..,. Itn3w}j �rtS��.�'hi 2'� v{1�+?r':k�tk f}J2:`}:y. .. .4r.y31: .....! l `'�k kt.E.+ti ,?'J`,:�4..1 y.t"d „�t`t�'.�is.a:�r..,
West, in the City of Jefferson, County of Callaway, Missouri,
j and being more particularly described as follows:
From the Northeast corner of the West half_ of the Northeast -
Quarter of said Section 16; thence West along the North line
of said Section 16, 872 . 6 feet; thence South, 203 .4 feet to
the most Northerly corner of a parcel as described in Book '
218, Page 688, of the Callaway County Recorder's Office;
thence South 43 degrees 33 minutes East along the
• Northeasterly line of said parcel in Book 218, Page 688 and
the Southeasterly extension of said Northeasterly line 398. 6
feet, more or less, to the POINT OF BEGINNING for this
description; thence North 46 degrees 30 minutes East 141 feet r
to a point 49 feet right of centerline Station 281+16
o f Route
"W" of Missouri State Highway Project 5-U-54-258C, Route 54 ;
thence South 30 degrees 27 minutes 08 seconds East along the
Southerly line of said Route "W" , 30. 59 feet to
a point 55
feet right of centerline Station 281+46 of said Route
said point being on the Northwesterly line of a tract conveyed
to Merco Leasing Company; thence leaving said Southerly line
on a bearing of South 46 degrees 30 minutes West along the
Northwesterly line of said Merco Leasing Company tract 135 ``~`"'„r'f•"tt,
feet; to the most westerly corner of said tract; thence South
3 3 East,
degrees minutes along the Southwesterly line of
d tract 12 7.8 5
sai ..r feet;• thence leaving said Southwesterly line Y�Zti;r�r;rtt4'
of said tract on a bearing of South 46 degrees 27 minutes [s�; `€N
West, 30 feet; thence North 43 degrees 33 minutes West 157. 82h"rc 's "' t
g
feet; thence North 46 degrees 30 minutes East, 30 feet to the
POINT OF BEGINNING.
Containing in all, 0. 20 acres.j 2 . SALE PRICE. The price for the said property shall be Five , ,
1 Thousand One Hundred Dollars :
($5, 100-00) to be paid by the Buyer % .� �'• `�.�,
as follows: One Dollars ($ 1. 00 ) at the time of the i' s
execution and delivery of this contract, the receipt of which is
hereby acknowledged by the Seller as a part of the purchase price
and consideration for this agreement, and upon delivery of the deed ''
as hereinafter provided, the Buyer shall
purchase y Pay the balance nce of ythe
P price to Sellers in cash or by check issued b the Buyer.
&'` � :• 'fir
3 . CLOSING. The sale under this cont act shall be closed at the .°� '
offices of Buyer on or before the ; 3 c day of Fty,� , 1990 or
at such other time and place as the arties maymmutuura�ly agree. Y..
P y t 1
If there are defects in the title to the property which require
correction, then the time of closing may be extended by the A
application of the provisions of the general closing conditions and
sales practices contained herein. Buyer agrees to pay the cost of
the abstract or title insurance for this property. r�
t
4. POSSESSION. Possession shall be delivered to the Buyer on or
before Jt� 6�t,.� u .'2 , 1990.
t:
5. ABSTRACT OF TITLE. The Sellers shall within ten (10) days
o�^
1t
431 �r
P� ;I�:u�iSr ' ::X,;: ., t{ t,. ,tr. rj•v tr..,..b r�,.r, Mx f,t: R;.vw*
y .fF ti 117 { f
t+,t�
/t ��` ?�,�•� c E'i r��3 3 a.t. s 4 t ��?������ t ,•t�4{r �� i�".[^s�p?'Sgt �j ?f'"aw
S,r }' t�r.lt�e "JJ.f`. ,ns fit': f .i, t i tf ;+•y'1 J r1 tC {i! ��!S rf•t 4i '.s', T I K(:•`
X3J rp 'r tr tS:r c�S,Y M 3• •�(. ,�t.t?� i t j r,�.a`ris ,` t
t 1: y t Yri!.
jj�l �,tt �:, v� �t� �'f'� S^' J��Y 1 i't� ,t t. t :..t� , •'�df � -r t 1 ib' to t.t,t�� s, �ti r P
1Sy. 4 ,��j.f,'+„tsS'�� } iF S i •p -.+ tSzr... :r ry bi5 rya , �•,�.
.n-N, ��;%;tfilc" �''�,yy1Y;,�•�x:r,+J{-�ilqq,.}Y.�ii� Y{i: i , j ,,461 :j nr ) •,�f1�• � 5,
t �t�a id�+�s�r � 9? ?r,its .t t z! t �. :(; ft 'r 1 ; �r 9:1iy S�i;l���F'i��C�����•. ^t+ . " .r'
! ';X' �i iy,` f•,.rt�f."�.���i,.ty yt a �4'! �f{ ��r �Y i t 1� ,`` } �1 .iY�t 15��'(j.'�`d{x���t',�r, ��' r:ttyf
p ,` lip
Yti �lt�r.fi�r/��)ix+�'il;.� y ` ` rwl } ^ a 1` •'iti I' ,i .,V j' '°t�
�I
x �• a, C.�Y Std+ '�w
1. .tt
,A'i ' {?
{t i' , _ '..� •fl{•. ���it���k`Ma,�tnfj�3'���ri?�y�`tt�+t,',,a}�V (�rt�7:�,fE�.� �.�;, n��sa'1' �;"' _', dd v �i:.
�ti�..i'�M.'��ht +� [��tYS..•Y. .��lWip.'�'s:J L"'4Y�:�{i.�b s .. � I 'i
from the date hereof deliver to the Buyer an Abstract of Title to }tt
said property certified to date by a competent abstractor showing `4
the title marketable in fact to the Sellers and taxes, assessments,
judgments and mechanics liens of record affecting said property, ti, =.
subject however to any exceptions herein stated. '
The Buyer shall have ten (10) days after such delivery to
;., examine said abstract and if the title of said real property is
r defective, the Buyer shall specify the objections in writing and
deliver the same to the Sellers within ten (10) days after suchxt,
delivery of the abstract The Sellers shall have any such defectst:, "
corrected within sixty (60) days from the date of delivery of such " f.
-j objections. Any defects appearing in the abstract and not objected .'
to, except liens of record which can be removed as of course by thex,}
payment of money, shall be deemed waived but only insofar asm{�4.,
correction of the abstract is concerned. If any of said defects
so noted are not corrected within sixty (60) days after delivery
of such objections then this contract shall be null and void and
the earnest money deposited as aforesaid shall be returned to the
c` Buyer and the abstract returned to the Sellers.
6. TI'T'LE INSURANCE. In lieu of the Sellers furnishing to Buyer
such Abstract of Title for examination, the Seller may within
4-44} twenty (20) days hereof deliver to Buyer a commitment to issue an
t 5u
owner's policy of title insurance. Any commitment made hereunder
shall be in the amount of the purchase price of the property, 4r(
naming the Buyer as. the insured and issued by a title insurance
company licensed to write title insurance in Missouri which policy
t ,t,
shall insure the owner's title to be marketable in fact as called
for by this contract and shall provide that a policy shall be
issued immediately after the Sellers ' general warranty deed to the '
Buyer is placed of record. The cost of said title insurance will ` .
be paid for by the Buyers.
7 . MARKETABILITY OF TITLE. It is understood and agreed that 4
title herein required to be furnished is marketable title as set
forth in Title Standard 4 of the Missouri Bar. It is also agreed `
that any encumbrance or defect in the title which is within the
scope of any of the Title Standards of the Missouri Bar shall not
constitute a valid objection on the part of the Buyer, provided the
Sellers furnish the affidavits, or other title papers, if any, Ya
described in the applicable standard.
-tw
8 . WARRANTY DEED. If the title to said rear property be
•' r:'' marketable in fact as called for herein, the Sellers shall deliver
.' for the Buyer at closing a general warranty deed free and clear
from all liens and encumbrances whatsoever and the Buyer shall then '
.i,..,
and there pay the balance of said cash payment hereinbef ore
:t.,,yr�•,,:t ,
f provided for.
9. TAXES. The Sellers shall pay in full all State, County and
Municipal taxes and assessments, general and special, which area
lien on said property including taxes for this calendar year which
shall not be provided. ;;
V u�„
a1• .� ,,, .4'; {t tfi .^v,:zr i� s
.trMtA, i tC�t `4l rj'.i°ft rffL"rxtr . ^o ff ` \..' { f"'• S. y.t. + y 4
{ rdt a
}' �1
S�„rl�tt, �w.'
' 'c;;%. ,",l;�t?;•':9�t�,xt�s 4 �`� .x� c .t` `.,i; t ;,.s>. t{ .r,�„ .�.r,,;;.t.t. .:t,{,.{ k t { s
V' � .St}fC�{1 S ,t• r: ' ` ' • It, tif 11tT+Z,.{;�ytt t`f �'1'i'.}zit ';^'t,y�;h�48 � ��'”
.•y.' � , :{ to �f
t
xi
t
1 r,
ty C
4 t . t �# i' r •'
u�.r,.s�.r�:r.��a'd.t�....x.<�`'�`F,'f.�,. it'�...,'�, i�,•'�a.�.'.�.�r..,.,�.. �ai.,"j O O a, W
jA
"ti• k � k.
10. LIQUIDATED DAMAGES. It is understood and agreed that, because
.r y o.f the commitments of the parties, time is of the essence of this
agreement, and if the Sellers have kept Sellers ' part of this
agreement by furnishing marketable title as herein provided, and
the Buyer fails to comply with the requirements of this agreement
within ten (10) days thereafter, then the money deposited as
4 .„ aforesaid shall be paid over to the Sellers as liquidated damages, "
actual damages being difficult if not impossible to ascertain, and ;r't
1 this agreement may or may not be thereafter operative, at the
w4_ option of the Sellers. ."
11. CONTINGENCIES. This contract is contingent upon the
following:
a. Absence of any environment hazard which would cause the '5{;Kt
property to fall within the jurisdiction of the Missouri t ;3G1A)
Department of Natural Resources or the Federal vi
:. Environmental Protection Agency.
IT b. Absence of any items of cultural significance which would
cause any part of the property to come within thett' Y' t '
jurisdiction of Department of Natural Resources of the
Federal Historic Register. sy '
12. INSURANCE. It shall be Sellers' obligation to keep the
r. improvements on the said property fully insured until the date of
the delivery of the deed to the Buyer. If the improvements on the
said property are substantially damaged or destroyed by fire or
` other casualty prior to the closing of this sale, then the Buyer ',
N shall have the option of accepting all of the insurance proceeds `
`r and proceeding with his performance under this contract, or
cancelling this contract whereupon the earnest money deposited as
aforesaid shall be returned to the Buyer and the abstract returned .,
to the Sellers.
In the event the parties hereto agree that any insurance
policy on the property subject hereto is to be assigned to Buyer, t
then at the time of closing Buyer agrees to pay to Sellers pro-
rata any amount of unearned insurance premium thereunder and the
< policy shall be assigned to Buyer.
r
`{r 13. LAW OF MISSOURI. The contract shall be construed according
x;. to the laws of the State of Missouri. Seller shall comply with
all local, state and federal laws and regulations related to the
performance of the contact to the extent that the same may be
applicable.
14. ENTIRE AGREEMENT. The entire agreement between the Buyer and
Seller shall consist of this contract.
Aft
F '
K .
(w}r
r"
,�. �: � �jr�`'NR1�Qr°� t{{'s�Y�Y�(i✓ �L t ., t.} .. { i t•N..`i ^ t fir",tp it t R y.,b, ryi} ; to
�r ,
f P r n'' +• °. r , � +i rk1 t 4 ,dJ�zu ��''t4
.. � r•cx l "yr�p}}grr�t-s%i } �..: i t,iy!tr }t .;� t i:.• s ,� St �,tr; „1 .i: t. F 't.< try t ^�.;.,rst �1t,rj'�°'-':haSt+
�
+ �1p r}.i ) t t ,,, ,:, .1r .a`t1# ;:L,,•"' 'y,°J•'�= m
rt;yh ,�w i..�uXr7',�I 't:p�p` T�t��a. ��J)t431 l �y .f ,x. r .! \ * �..,t r'• 7 ..rt�tk,j�.,5�� i,r�,�;y� ;;i ,{� �•t t� N•
�T} ..�. � �,;.tg7'ke`5���t� >r" • �H .� +i: ,}`i i i t': F r i c: :S v, t. � pt„ � q^r'`�•,I� 4 �ST,*+w '�r
ttgt:,`. ')St >k!, s
k r .':tJ 4. �i4�,{�t�•Y `,F"r}'•��§rJ,;ti?'•y°L,ai'4•`*� �°'• ,<1i'.,,e.
v r,.t,;1 Jt�sr7v t. �
1 �.. < ..+.. '�' r. t ` il�'�•S+tw rrYt� y t')�'Ff dJM a }. °r.
a;.. t t � .. .. ? at��ay �•t�"'y+.r�4 F. <d'"f'ir rK � i� �'x�
%
O-J 't"
15. EASEMENT- LOCATION. The easement described above shall be
released by buyer upon the request of the seller subject to seller
providing an alternative easement for ingress and egress and for
It
X electrical service which is acceptable to buyer.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year f irst above written and acknowledge
receipt of one copy of the contract.
SELLE BUYER
Edward P. Storey Mike Bates/.,
AlT6n GarfieY-'
"I All
/*
34
�N "-RU'7i
ri
'K
w i.�