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HomeMy Public PortalAboutORD11074 BILL NO. 88-53 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT TO PURCHASE REAL ESTATE FOR THE CONSTRUCTION OF A NEW FIRE STATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson, Missouri, are hereby authorized to purchase the real estate hereinafter described for the said purpose of constructing a new fire station. The cost of obtaining the real property should not exceed $46,500.00 and other non-monetary considerations as specified in the contract. The property to be purchased is described as follows: Part of the West Half of the Southeast Quarter of Section 8, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, more particularly described as follows: Beginning at the southeast corner of the West Half of the is Southeast Quarter of said Section 8; thence S85 004119 11W, along the Section Line, 981.32 feet to the easterly line of a tract described by deed of record in Book 161, page 597, Cole County Recorder's Office; thence N19 053153"E, along the easterly line of said tract, 377.23 feet; thence S70 025134 11E, 289.79 feet; thence Easterly, on a curve to the left, having a radius of 1392.38 feet, an arc distance of 443.56 feet; thence S88 040142 11E, 132.03 feet to a point on the east line of the West Half of the Southeast Quarter of Section 8; thence S06 010144"E, along the Quarter, Quarter Section Line, 91.01 feet to the POINT OF BEGINNING. Containing 4.11 acres. Bearings are based on plat of record in Plat Book 11, Page 292, Cole County Recorder's Office. Section 2. The contract shall be substantially the same in form and content as that contract 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 sidin ff cer or ATTEST: ,City Clerk CONTRACT FOR THE SALE OF REAL ESTATE THIS CONTRACT, made and entered into this S day of Oci a e , 1988, by and between F4P Enterprises, Inc. , a Missouri corporation, hereinafter referred to as Sellers# and The City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as Buyer. WITNESSETH, 1. SALT O FRO_PERTX. For and in consideration of the mutual 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, State of Missouri, to wit: Part of the West Half of the Southeast Quarter of Section 8, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, more particularly described as follows: Beginning at the southeast corner of the West Half of the Southeast -Quarter of said Section 8; thence S85 004119 11W, along the Section Line, 981.32 feet to the easterly line of a tract described by deed of record in Book 161, page ® 597, Cole County Recorder's office; thence N19053153 11E, along the easterly line of said tract, 377.23 feet; thence S70025134"E, 289.79 feet; thence Easterly, on a curve to the left, having a radius of 1392.38 feet, an - arc distance of 443.56 feet; thence S8804414201E, 132.03 feet to a point on the east line of the West Half of the 'Southeast Quarter of Section 8; thence 806010144"E, along the Quarter, Quarter Section Line, 91.01 feet to the POINT OF BEGINNING. Containing 4.11 acres. Bearings are based on plat of record in Plat Book 11, Page 292, Cole County Recorder's office. - 2. gg The price for said property shall be Forty-five Thousand Dollars ($45,000.00) to be paid by the Buyer as follows: Ong Dollars ($ 1.00 ) at the time of the execution and delivery of this contract, the receipt of which is hereby acknowledged by the Sellers as a part of the purchase price and consideration for this agreement, and upon delivery of the deed as hereinafter provided, the Buyer shall pay the balance of the purchase price to Sellers in cash or by check issued by the Buyer. 3. ADDITIONAL. In addition to the contract sale price, Buyer agrees to pay an additional amount of one Thousand Five Hundred Dollars ($1,500.00) to the Jaycee organization for a commercial access onto Fairgrounds Road from an adjoining tract belonging to sellers lying immediately west of the above tract. Title to the access shall be delivered at closing. The access point shall be - located no closer than 100 feet to the north right-of-way line of Edgewood. 4. CASING. The sale under this contract shall be closed at the offices of Buyer on or before the 221st day of October, 1985, or at such other time and place as the parties may mutually agree. If there are defects in the title to the property which requird correction, then the time of closing may be extended by the 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. 5. POSSESSION. Possession shall be delivered to the Buyer at the time of closing. 6. ABSTRACT OF TILE, The Sellers shall within ten (10) days from the date hereof deliver to the Buyer an Abstract of Title td said property certified to date by a competent abstractor showing the title marketable in fact in the Sellers and taxes, assessments, judgments and mechanics liens of record affecting said property, 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 defective, the Buyer shall specify the objections in writing and deliver the same to the Sellers within ten (10) days after such delivery of the abstract. The Sellers shall have any such defects corrected within sixty (60) days from the date of delivery of such objections. Any defects appearing in the abstract and not objected to, except liens of record which can be removed as of course by the payment of money, shall be deemed waived but only insofar as 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 Buyer and the abstract returned to the Sellers. 5. TITLE INSURANCE, In lieu of the Sellers furnishing to Buyer such Abstract of Title for examination, the Sellers may within twenty (20) days hereof deliver to Buyer a commitment to issue an owner's policy of title insurance. Any commitment made hereunder shall be in the amount of the purchase price of the property, naming the Buyer as the insured and issued by a title insurance company licensed to write title insurance in Missouri which policy 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. 9. MARKETABILITY OF TITLE._ It is understood and agreed 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 any, described in the applicable standard. 10. WARRANTY DEED. If the title to said real property be 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 there and there pay the balance of said cash payment hereinbefore provided for. il. TAXES, The Sellers shall pay in full all State, County and Municipal taxes and assessments, general and special, which are d lien on said property except taxes for this calendar year which shall be prorated as of the date of the delivery of the deed. If the amount of taxes cannot then be ascertained, proration shall •bd computed on the amount of general taxes for the preceding calendar year. In the event Sellers have paid to any lender a deposit for taxes, such amounts shall be applied toward the payment of Sellers, obligation under this paragraph and shall be assigned to Buyer and Buyer shall reimburse Sellers for any excess over the amount of SellersO obligation nor prorated taxes hereunder, and if such deposit is not sufficient to satisfy Sellers' obligation hereunder, Sellers shall pay to Buyer the amount of any difference. 12. LIQUIDATED DAMAGES. It is understood and agreed that, because of 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 aforesaid shall be paid over to the Sellers as liquidated damages, actual damages being difficult if not impossible to ascertain, and this agreement may or may not be thereafter operative, at the option of the Sellers. 134 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 Natural 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. In the event this contract is declared to bd null and void all earnest money in escrow shall be returned to Buyer. ' 1 • 14. ADDITIONAL CONSIDERATIONS. In addition to the access provided across property owned by the Jaycee Organization, buyer will further provide three access points on the to-be-constructed Edgewood extension. The closest of which shall be no closer than 200 feet to the east right-of-way line of Fairgrounds Road. One such access may be a street. Buyer agrees to provide to Seller one point of sewer access into the main. Said access is to be located on the north side of the to-be-constructed Edgewood Drive. Buyer agrees that construction of the Edgewood extension ad it transverses the property shall be completed on or beford December 31, 1992. Buyer further agrees that at Seller's request construction of the road will begin by December 31, 19901 at least so. far as is necessary to serve Seller's property. If the construction commences by December 31, 19900 it shall be completed to the extent necessary to serve Seller's property by August 1, 1991, unless delayed by causes beyond the reasonable control of the Buyer. IN WITNESS WHEREOF, the parties hereto have executed thid agreement the day and year first above written and acknowledgd receipt of one copy of the contract. FMP ENTERPRISES, INC. CITY OF JEFFERSON ames L. Fx end, Tresideni Allen Garner, City Counselo At Cc, llard W. Manning, cretary Hike Bates, Public Works