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Home My Public Portal AboutORD10772 BILL NO. 86-168 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. /l 77 . AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE TERMS AND CONDITIONS OF A CONTRACT BETWEEN JOHN A. AND DIANA R. THOMPSON, 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 $9000. 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 /u"' /�� i i�'G Approved J��:�.�.._, �- /2 1 Presi ing Office e/ Mayof ATTEST: City Clerk e w CONTRACT FOR THE SALE OF REAL ESTATE This contract, made and entered into this /,' day of 1986, by and between John A. and Diana R. Thompson, 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: From the Southwest corner of the Northeast Quarter of the Southwest Quarter of said Section 13; thence N 05057109" W along the Quarter Quarter Section Line, 326.50 feet; thence leaving the said Quarter Quarter Section Line on a bearing of N 84oO2151" E, 25.00 feet to a point on the East Line of SUNSET LAKE ROAD, said point also being the Northwest corner of a tract as described per deed of record in Book 230, Page 129, of the Cole County Recorder's Office, the POINT OF BEGINNING for this description; thence N 05 057109" W along the East Line of said SUNSET LAKE ROAD, 110.00 feet; thence leaving said East Line of SUNSET LAKE ROAD, on a bearing of N 84 002151" E, 137.28 feet; thence S 21 055105" E, 114.41 feet to the Northeast corner of said tract in Book 230, Page 129; thence S 84 002151" W along the North Line of said tract, 168.75 feet to the POINT OF BEGINNING. 2. PURCHASE PRICE: The purchase price to be paid by the Buyer is Nine Thousand Dollars ($9000) 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 Aam examination of the Abstract reveals any defects, the specified closing date shall be automatically extended for a 6 w. k 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. 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 municipal taxes and assessments, general and special, which are a lien on said property. Taxes for this calendar year, shall not be prorated as of the date of delivery of the deed. The rental from said property, if any, shall go -b-) 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. MECHANICS 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 ,0 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. 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 26th 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 Amik after title has been perfected and improved by the Buyer. 12. PRORATION: Where items are to be prorated the Buyer shall have the beriefit 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 and administrators, successors and assigns. CITY OF JEFFERSON JOHN A. AND DIANA R. THOMPSON obzgeMartsfieliV, Mayor Jobfi A. Thompson Diana R. Thompson ATTEST: _Brenda M. Cirtin, City Clerk