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