HomeMy Public PortalAboutORD10760 BILL NO. 56-154
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE
TERMS AND CONDITIONS OF A CONTRACT BETWEEN SUNSET LAKE REALTY
COMPANY, INC. , AND THE CITY FOR THE PURCHASE OF REAL ESTATE AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS
RELATING TO THAT PURCHASE.
BE IT . ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The City Council hereby approves the terms and
conditions of a written contract, attached hereto as Exhibit A,
for the purchase of real estate within the City for the sum of
$97, 500.
Section 2. The Mayor and City Clerk are hereby authorized
to execute any further documents relating to the purchase of said
real estate,.
Section 3. This ordinance shall be in full force and effect
from and after its passage and approval.
Passed 'e� / C Approved
Prebiding Offic . M or
ATTEST:
City Clerk
CONTRACT FOR THE SALE OF REAL ESTATE
This contract, made and entered into this _f '� day of
1986, by and between Sunset Lake Realty Company, Inc. ,
hereinafter referred to as Sellers, and the City of Jefferson,
Missouri, a municipal corporation, hereinafter referred to as
Buyer:
WITNESSETH:
1. SALE OF PROPERTY: Sellers agree to sell and the Buyer
agrees to buy upon the terms and conditions herein set out
the following described real estate situated in Cole County,
Missouri, to wit:
Part of the Northeast Quarter of the Southwest Quarter of
Section 13, Township 44 North, Range 12 West in the City of
Jefferson, County of Cole, Missouri; being more particularly
described as follows:
Beginning at the Northwest corner of the Northeast Quarter
of -the Southwest Quarter of said Section 13; thence N
84014138" E along the Quarter Section Line, 528.65 feet to a
point on the Westerly Line of BOSS TERRACE DRIVE as per an
Ank qu easement recorded in Book 154, Page 172, of the Cole County
Recorder's Office as shown per Plat of Record in Plat Book
6, Page 91, of the Cole County Recorder's Office; thence
leaving the said Quarter Section Line and Southerly along
the Westerly Line of said BOSS TERRACE DRIVE the following
courses: S 19 027135" E, 15.99 feet; S 25 042135" E, 239.83
feet to the Northerly Line of SUNSET LAKE ROAD as per Book
1, Page 524, of the Cole County Recorder's Office; thence S
37 008149" E, 108. 13 feet to the Southerly Line of said
SUNSET LAKE ROAD; thence Southerly along the Westerly Line
of said SUNSET LAKE ROAD the following courses: S 23 016108"
E, 167.18 feet; S 40003152" E, 28.70 feet; thence leaving
the Westerly Line of said SUNSET LAKE ROAD on a bearing of S
45000121" W, 52.95 feet; thence S 12040119" E, 124.42 feet;
thence S 40 003152" E, 187.57 feet; thence S 71 051106" E,
208. 82 feet to the aforementioned Westerly Line of said
SUNSET LAKE ROAD; thence continuing Southerly along the
Westerly Line of said SUNSET LAKE ROAD the following
courses: S 40003152" E, 220.40 feet; S 4805512011 E, 192.80
feet to the Northwesterly Line of SOUTHRIDGE DRIVE; thence
leaving the Westerly Line of said SUNSET LAKE ROAD on a
bearing of S 26 046109" W along the Northwesterly Line of
said SOUTHRIDGE DRIVE, 85.93 feet to the Northerly Line of
the aforementioned SUNSET LAKE ROAD; thence leaving the said
Northwesterly Line of SOUTHRIDGE DRIVE and Westerly along
the Northerly Line of the said SUNSET LAKE ROAD the
following courses : S 85 036100 " W, 223 . 84 feet ;
Northwesterly on a curve to the right having a radius of
126.36 feet (Chord Bearing = N 66 053142 W, Chord = 116.71
feet) , a distance of 121.32 feet; N 39 023124" W, 172.00
feet; Northwesterly on a curve to the left having a radius
of.173. 14 feet (Chord Bearing = N 87 002154" W, Chord =
255. 95 feet), a distance of 288.03 feet; S 45 017136" W,
346.61 feet; Southwesterly on a curve to the right having a
radius of 138.35 feet (Chord Bearing = S 74 039143" W, Chord
= 135.70 feet), a distance of 141.83 feet to the Southeast
corner of a parcel as described in Book 230, Page 129, of
the Cole County Recorder ' s Office; thence leaving the
Northerly Line of said SUNSET LAKE ROAD and along the
Easterly Line of the parcel described in said Book 230, Page
129 the following courses: N 12 028109" W, 81. 59 feet; N
14059133" E, 188.84 feet to the Northeast corner of said
parcel, said Northeast corner also being the Southeast
corner of a parcel as described in Book 250, Page 897, of
the Cole County Recorder' s Office; thence N 21 055105" W
along the Easterly Line of said parcel, 114.41 feet to the
Northeast corner thereof; 'thence S 84 002151" W along the
Northerly Line of said Parcel, 137.28 feet to the Northwest
corner thereof, said Northwest corner being on the Easterly
Line of the aforementioned SUNSET LAKE ROAD; thence
Northerly and Westerly along the Easterly and Northerly
Lines of said SUNSET LAKE ROAD the following courses: N
05 057109" W, 611.75 feet; S 84 002151" W, 25.00 feet to a
point on the West Line of the Northeast Quarter of the
Southwest Quarter of said Section 13; thence leaving the
said Northerly Lime of SUNSET LAKE ROAD on a bearing of N
05 057109" W along the Quarter Quarter Section Line, 326.30
feet to the point of beginning.
2. PURCHASE PRICE: The purchase price to be paid by the Buyer
is Ninety Seven Thousand Five Hundred Dollars ($97, 500)
payable at the time of closing.
3. ABSTRACT OF TITLE: Seller shall, at least ten (10) days
prior to closing, deliver to Buyer an Abstract of Title to
said property certified to date by a competent abstractor
showing the title marketable in fact to the Seller, and
taxes, assessments, judgments and mechanics liens of record
affecting said property, subject, however, to the exception
stated herein. If the abstract is delivered less than five
( 5 ) days from the date of closing specified in this
contract, the closing date shall be automatically extended
so as to allow the Buyer ten ( 10 ) days to examine the
Abstract and present written objections to title, if any,
prior to the actual closing. Furthermore, if the
examination of the Abstract reveals any defects, the
specified closing date shall be automatically extended for a
reasonable time from the date of receipt of the written
objections to title to allow Seller to correct the defects
® specified. Any defects appearing in the Abstract and not
objected to, except liens of records which can be removed by
the payment of money, shall be deemed waived, but only in so
far as correction of the Abstract is concerned. If any of
said defects so noted are not corrected within a reasonable
time after delivery of such objections then this contract
shall be null and void and aforesaid earnest money shall be
returned to the Buyer and the abstract returned to the
Seller. The costs of procuring the Abstract shall be paid
by the seller but shall not exceed $200.00.
4. MARKETABILITY OF TITLE: It is understood that 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 there are any described in the applicable
standard.
5. WARRANTY DEED: If the title to said real estate is
marketable in fact as called for herein Seller shall deliver
'to the Buyer at its office a general warranty deed free and
clear from all liens and encumbrances whatsoever except as
herein provided, the Buyer shall then and there pay the
purchase price provided for in Section 2 of this contract.
6. TAXES: Seller shall pay in full all state, county and
Aft municipal taxes and assessments, general and special, which
are a lien on said property, except taxes for this calendar
year, which shall be prorated as of the date of delivery of
the deed. If the amount of taxes cannot be ascertained,
proration shall be computed on the amount of general taxes
for the preceding calendar year. The rental from said
property, if any, shall go to the Seller prorated to date of
delivery of the deed and to the Buyer thereafter. Security
deposits and advanced rents, if any, shall be paid to the
Buyer at closing.
7. MECIHANICS LIEN: On or before the date of closing Sellers
shall furnish to Buyer satisfactory proof that there are no
accounts outstanding for which mechanics liens could be
filed against the above described property. In the
alternative, if title insurance is used the policy shall
insure Buyer against any and all mechanics liens.
8. SURVEYS: Boundaries of the property are to be established
by a survey of the property showing both boundaries, and any
survey shall be included in the abstract of title. The cost
of the survey shall be the responsibility of Buyer. The
cost of including the survey in the abstract of title shall
be borne by Seller.
9. POSSESSION: Absolute and unqualified possession shall be
delivered to the Buyer at the time of closing. Premises
shall be reasonably clean and shall be free of trash,
refuse, and any objects, plants, or other matter.
9A. RIGHT OF FIRST REFUSAL TO ADJOINING PARCEL: Seller hereby
further agrees to convey to the Buyer in return for the
consideration set out above the right of first refusal to
purchase an adjoining tract of land described as follows:
Part of the Northeast Quarter of the Southwest Quarter of
Section 13, Township 44 North, Range 12 West in the City of
Jefferson, County of Cole, Missouri; being more particularly
described as follows:
From the Northwest corner of the Northeast Quarter of the
Southwest Quarter of said Section 13; thence N 84 014138" E
along the Quarter. Section Line, 528.65 feet to the Westerly
Line of BOSS TERRACE DRIVE as per an easement recorded in
Book 154, Page 172, of the Cole County Recorder's Office and
as shown per Plat of Record in Plat Book 6, Page 91, of the
Cole County Recorder's Office; thence leaving the Quarter
Section Line and Southerly along the Westerly Line of said
BOSS TERRACE DRIVE the following courses: S 19 027135" E,
15.99 feet; S 25 042135" E, 239.83 feet to the Northerly Line
of SUNSET LAKE ROAD as per Book 1, Page 524, of the Cole
County Recorder's Office; thence S 37 008149" E, 108.13 feet
to the Southerly Line of said SUNSET LAKE ROAD; thence
Southerly along the Westerly Line of said SUNSET LAKE ROAD
the following courses: S 23 016108" E, 167. 18 feet; S
40003 ' 52" E, 28.70 feet to the point of beginning for this
description; thence leaving the Westerly Line of SUNSET LAKE
ROAD on a bearing of S 45 000121" W, 52.95 feet; thence S
12 040119" E, 124.42 feet; thence S 40 003152" E, 187.57 feet;
thence S 71 051106" E, 208.82 feet to the aforementioned
Westerly Line of said SUNSET LAKE ROAD; thence continuing
Northerly along the Westerly Line of said SUNSET LAKE ROAD
on a bearing of N 4000315211 W, 480.09 feet to the point of
beginning.
The right of first refusal granted herein is conditioned on
the following:
a) The right of first refusal shall expire on December 1,
2085, or any of -the following:
1. The refusal of the Buyer to exercise its right.
2. Failure of Buyer to comply with the terms of this
paragraph.
3. Failure of Buyer to purchase the property described
in paragraph 1 of this contract.
4. Conveyance of the property described in paragraph 1
by Buyer.
1 1110111111 111 IN I 1!1
b) The right of first refusal shall be exercised in the
following fashion:
1. Seller shall notify Buyer of its intent to convey
the property and the terms it is seeking or the terms
of any bonafide offer it is willing to accept for the
property.
2. Buyer shall have twenty-one (21) days from receipt
of the notice from the Seller that Seller has an offer
to purchase the property, to exercise its right by
matching the terms of the offer or the original terms
sought by Seller.
10. CONTINGENCIES: This contract is contingent upon the
following:
a) Absence of any environment hazard which would cause the
property to fall within the jurisdiction of the Missouri
Department of National Resources or the Federal
Environmental Protection Agency, .
b) Absence of any items of cultural significance which would
cause any part of the property to come within the
jurisdiction of Department of Natural Resources of the
Federal Historic Register.
11. CLOSING: this sale shall be closed at the offices of the
City of Jefferson in Jefferson City, Missouri, on or before
the 10-th day of December 1986, at which time all monies
and papers shall be delivered, and all other things called
for by this contract at the time of closing shall be done:
provided, if title has not been perfected by said date but
is perfected thereafter during the continuance of this
contract, this sale shall be closed within five ( 5) days
after title has been perfected and improved by the Buyer.
12. PRORATION: Where items are to be prorated the Buyer shall
have the benefit of or be charged with the day of closing as
the case may be; and where significant the actual number of
days in a particular month shall be taken into account.
13. BENEFIT: this contract shall be binding upon the parties
hereto, their heirs, executors a d administrators,
successors and assigns.
CITY OF JEFFERSON SUN LAKE R AL IN .
��g,Aartsfield,Imayor enneth E. Oidtman, resident
ATTEST:
Brenda M. Cirt,in, City Clerk acre r