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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