HomeMy Public PortalAboutORD09577 I1
BILL N0. _1746 I
t INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT ON
BEHALF OF THE CITY WITH HERBERT L. CAPELTON AND DOROTHY M.
CAPELTON, HIS WIFE, FOR THE PURCHASE OF REAL ESTATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of
Jefferson, Missouri , are authorized and directed to execute a
Contract for the Sale of Real Estate on behalf of the City
with Herbert L. Capelton and Dorothy M. Capelton, his wife,
for the purchase of the following described real estate located
in the County of Cole, State of Missouri, to-wit :
A part of Outlot No. 37 in the City of Jefferson,
Missouri, and more particularly described as :
Beginning on the northerly line of said Outlot at
a point which stands 156 feet easterly from the
northwesterly corner of said Outlot No. 37; thence
1 1, running southerly parallel with Chestnut Street
�% 208 feet and 9 inches, thence easterly parallel
with the northerly line of said Outlot 25 feet ,
thence northerly parallel with Chestnut Street
208 feet and 9 inches; thence westerly with the
northerly line thereof 25 feet to the place of
beginning.
Section 2. Said contract shall read in words and figures
as follows:
(.See attached)
Section 3. This ordinance shall take effect and be in
iforce from and after its passage and approval.
Passed
Look
0 eside o f he Cou it Mayor
ATTES V
Ty er
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A part of Outlot No. 17 in the City of Jefferson, Missouri, and more particularly
described as:
Beginning on the northerly line of said Outlot at a point which stands 156 feet
easterly from the northwesterly corner of said Outlot No. 37; thence running
southerly parallel with Chestnut Street 208 feet and 9 inches, thence easterly
parallel with the northerly line of said Outlot 25 feet, thence northerly
parallel with Chestnut Street 208 feet and 9 inches; thence westerly with the
northerly line thereof 25 feet to the place of beginning.
This Is a legally binding Contract If not understood consult your Attorney.
CONTRACT for the SALE of REAL ESTATE
THIS CONTRACT, dated this day of _ , 19 81 by and
between Herbert L. Capelton and Dorothy M. Capelton, his wife the Seller,
and The City of Jefferson, Missouri, a Municipal Corporation the Buyer.
The terms Seller and Buyer may be either singular or plural according to whichever Is evidenced by the signatures below.
WITNESSETH:For and In consideration of the mutual obligations o!the parties hereto,the Seller hereby agrees to sell and convey unto
the Buyer and the Buyer agrees to purchaso from Seller,upon the terms and conditions hereinafter set forth,the following described real
estate situated In the County of Cole State of Missouri, to-wit:
together with the following described personal property,if any,now located thereon,to-wit:electric,plumbing,heating and air conditioning
fixtures and equipment, attached floor coverings, window shades, venetian blinds, curtain rods, storm doors and windows, screens,
awnings, attached mirrors, TV antenna, automatic garage door opener,
subject,however,to any reservations,easements or restrictions of record and any zoning laws,regulations or ordinances affecting the said
property,as will not materially Interfere with such use of the property as the Buyer might reasonably expect to make in view of the general
character of the area and neighborhood In which the property Is located.
The price for said property shall be Seven Thousand Two Hundred and No/100------------_DOLLARS;
to be paid by the Buyer as follows: $7.200.00 at closing,
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All of the General Sales Conditions and Closing Practices and any Financing or Special Agreements,all as set forth below,are hereby
made a part of this contract.
SPECIAL AGREEMENTS
Seller shall be entitled to remove the following items when house is torn down:
a) Kitchen Cabinets
b) Window Air Conditioners (if any)
c) Storm Windows
FINANCING AGREEMENTS
(Only those paragraphs and blanks which are completed shall be applicable)
A. The real property described above is subject to the Ilan of a first deed of trust on said property,securing the payment of a promissory
note payable to , and bearing Interest
at the rate of per cent per annum, with an unpaid balance of principal thereon as of the closing date
of $ and the Buyer will, on the closing date, as part of the purchase price, assume and agree to pay
the actual remaining unpaid balance of said note.
B. Seller agrees to finance a part of the purchase price In the amount of $ to be evidenced by
a negotiable purchase money promissory note In a form approved by Seller to be amortized in equal monthly Installments over a period of
years bearing Interest at the rate of per cent per annum and secured by a deed of trust in a
form approved by Seller and covering the property described above.
C. This contract Is given subject to the Buyer's ability to obtain a conventional loan or loans In the amount of
per cent of the sales price or In the amount of Dollars payable over a period of not less
than years and bearing Interest at a rate of not more than — per cent per annum. The Seller shall not be obligated
to pay any of the expenses Incidental to the obtaining of such loan or loans. The Buyer shall use reasonable diligence in seeking to
obtbin such a loan or loans and in the event the Buyer Is unable to obtain such loan commitment by —M., on the day
of , 19_,then this contract shall be null and void and the earnest money deposited shall be returned to
the Buyer.The requirement of reasonable diligence on the part of the Buyer shall be deemed satisfied if the Buyer makes a loan application
at three different lending institutions In the vicinity where the real estate is located and presents to each full and complete information con-
cerning the Buyer's financial situation.
D. This contract Is given subject to the Buyer's ability to obtain a U.S. Government Insured or guaranteed loan In the amount
of $ payable over a period of not less than years and bearing Interest at a rate of not more than
per cent per annum.in the event such a loan is obtained,the Seller agrees to pay the discount points,if any,which may not be paid by the
Buyer.The Buyer shall use reasonable diligence in seeking to obtain such a loan or loans and in the event the Buyer Is unable to obtain
such loan commitment by M., on the day of 19_, then this contract shall be null
and void and the earnest money deposited shall be returned to the Buyer.
The sale under this contract shall be closed at the office of Graham & Graham in
Jefferson City , Missouri, on the 7th day of February 1981 at
o'clock M. or at such other time and place as the parties may mutually agree. If there are defects In the title to the
property which require correction or if the abstract is not delivered to the Buyer or his attorney ten (10) days before the date of closing
specified above,then the time of closing shall be extended as provided In the general closing conditions and sales practices set out below.
Possession shall be delivered to the Buyer at the time of closing-"-Within -days-thereafter,-svbjert-lo-the*A@his-
.of- -whv-ou upiwthe-prerritselr
If the Seller continues In possession of the premises beyond the date of closing,the Seller shall maintain the premises In the same con-
dltlon as existed at closing and the Seller shall be liable to the Buyer for any change in the condition of the premises occuring during the
OSeller's occupancy. Said liability shall Include, but not be limited to, damage to the property or breakdown of any personal property or
mechanical equipment that is transferred with the real estate above described.
The Seller agrees to pay the agent the commission agreed upon between Seller and agent.
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written and acknowledge receipt
of one copy of the contract.It is further agreed that this Contract shall be binding upon the parties,their heirs,assigns and representatives.
• �
City of Jefferson ��,�
BY A
Purchase Mayor Seller
Selling Broker
GENERAL CLOSING CONDITIONS and SALES PRACTICES
The marginal Capbens of the v0110us paragraphs hereof are inlnnded for convnnivnce of raferunce and shall not be deemed to modify,
place any construction upon, or explain any provisions of this contract.
Abstract and The Seller shall prior to the closing deliver to the Buyer an abstract of title to said property Certlfted to data by a
examination, competent abstractor stowing the title rnarkotable in fact to the Seller and taxes, assossrnants, judgments and
Defect in mechanics lions of record affecting said properly, subject however to the exceptions stated herein. If the abstract Is
_ Iltle delivered loss then tan (10) days from the data of closing specified in this contract, the closing date shall be
automatically extended so as to allow the Buyer tan (10)days to oxamino the nbstrnct and present written objections to
title if any,prior to the actual closing. Furthorrnorn,II the oxamrnnuon of the nbsirnrt reveals any detects,the specified
closing date shall also be aulomabcaliy extended for nrnuly 190►days from tho date of receipt of the written objections
to title,to allow Seller to correct the defects specified.Any dolocts appearing in the abstract and not objected to,except
liens of re::ord which can be removed by the payment of money•shall be donmod wnrved but only insolar as correction
of the abstract is concerned, If any of said defects so noted are not corrected within ninety (90) days alter delivery of
such objections then this contract shall be null and void and the earnest money deposited as aforesaid shall be retur-
ned to the Buyer and the abstract returned to the Seller.
Title In lieu of the Seller furnishing to Buyer an Abstract of Title for examination the Seller may prior to closing deliver to
Insurance Buyer a commitmvint 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 Seller's general warranty dead
to the Buyer Is placed of record. The cost of said title insurance will be paid for by the Seller.
Title It Is understood and agreed that title herein required to be furnished Is marketable title as set forth in Title Standard
Standards 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 Seller fur-
nishes the affidavits, or other title papers, it any, described In the applicable standard.
Seller to If the title to said real property be marketable in fact as called for herein,the Seller shall deliver for the Buyer at the
convey by office of said Seller's agent a general warranty deed free and clear from all liens and encumbrances whatsoever,except
warranty deed as herein provided,and the Buyer shall then and there pay the balance,if any,of said cash payment and deliver to the
Seller the note and deed of trust, if any, hereinbefore provided for.
Taxes, The Seller shall pay in full all State.County and Municipal taxes and assessments,general and special,which are a
assessments lien on said property except taxes for this calendar year which shall be prorated as of the date of the delivery of the
.and rents deed. It the amount of taxes cannot then be ascertarnod, proration shall he computed on the amount of general taxes
for the preceding calendar year, The rental from said real property. it any, shall go to the Seller prorated to date of
delivery of the dead and to the Buyer thereafter. Security deposits and advance rents, it any,shall be paid to Buyer at
closing. in the event Seller has paid to any lender a deposit for taxes, such amounts shall be applied toward the
payment of Seller's obligation under this prargraph and shall be assigned to Buyer and Buyer shall reimburse Seller for
any excess over the amount of Seller's obligation for prorated taxes hereunder,and it such deposit is not sufficient to
satisfy Seller's obligation hereunder. Seller shall pay to Buyer the amount of any difference.
Liquidated It is understood and agreed that it the Seller has kept the Seller's part of this agreement by furnishing marketable
damages title as herein provided,and if the Buyer fails to comply with the obligations outfinod in this agreement,then the money
deposited as earnest money may be paid over to the Seller as liquidated damages,actual damages being difficult if not
Impossible to ascertain, and this agreement may or may not thereafter be operative, at the option of tno Seller. If the
aforesaid money deposited is paid over to the Seller. then it shall be divided equally between the Seller and the said
named agent for the Seiler, provided, however, that the said agent shall in no event receive any sum of money for his
services greater than the amount agreed to as commission.
Property to It shall be Seller's obligation to keep the improvements on the said property fully Insured until the date of the
be kept delivery of the deed to the Buyer. If the improvements on the said property are substantially damaged or destroyed by
insured fire or other casualty prior to the closing of this sale, then the Buyer shall have the option of accepting all of the in-
surance proceeds and proceeding with his performance under this contract,or cancelling this contract whereupon the
earnest money deposited as aforesaid shall be returned to the Buyer and the abstract returned to the Seller.
Assignment of In the event the parties hereto agree that any insurance policy on the property subject hereto is to be assigned to
Insurance Buyer,then at the time of closing Buyer agrees to pay to Seller prorata any amount of unearned insurance premium
thereunder and the policy shall be assigned to Buyer. In,the event the Buyer is assuming indebtedness of the property
which is secured by a deed of trust and the lender requires a continuation of the insurance deposit made by the Seller,
then the Seller shall assign said deposit to the Buyer and the Buyer shall reimburse the Seller for the amount thereof.
It Is further understood that the agent makes no guarantee or representation as to the title of said real property,or
discrepancies the,survey may reveal,or as to the repair or condition of any of the buildings or improvements situated
upon said above described real property.
It is agreed that the agent shall not be liable for the earnest money deposit until the deposit is in the form of cash �n
the hands of the agent.
• ♦r
t�1
This Is a legally binding Contract If not understood consult your attorney.
CONTRACT for the SALE of NEAP. ESTATE
THIS CONTRACT, dated this day of , 19 al by and
his wife
between Herbert L. Capelton and Dorothy M. Capelton, the Seller,
and The City of Jefferson, Missouri, a Municipal Corporation the Buyer.
The terms Seller and Buyer may be either singular or plural according to whichever is evidenced by the signatures below.
WITNESSETH:For and In consideration of the mutual obligations of the parties hereto,the Seller hereby agrees to sell and convey unto
the Buyer and the Buyer agrees to purchase from Seller, upon the terms and conditions hereinafter set forth,the following described real
estate situated In the County of Cole State of Missouri, to-wit:
A part of Outlot No. 37 in -the City of Jefferson, Missouri, and more particularly
described as:
Beginning on the northerly line of said Outlot at a point which stands 156 feet
easterly from the northwesterly corner of said Outlot No. 37; thence running
southerly parallel with Chestnut Street 208 feet and 9 inches, thence easterly
parallel with the northerly line of said Outlot 25 feet, thence northerly
parallel with Chestnut Street 208 feet and 9 inches; thence westerly with the
northerly line thereof 25 feet to the place of beginning.
to be paid by the Buyer as follows: s7.200.00 at closing. - xcYdt �yRltigxe'ktf�4pca� tlsn4e9xo{xMta
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All of the General Sales Conditions and Closing Practices and any Financing or Special Agreements,all as set forth below,are hereby
made a part of this contract.
SPECIAL AGREEMENTS
Seller shall be entitled to remove the following items when house is torn down:
a) Kitchen Cabinets
b) Window Air Conditioners (if any)
c) Storm Windows
FINANCING AGREEMENTS
(Only those paragraphs and blanks which are completed shall be applicable)
A. The real property described above is subject to the Ilan of a first deed of trust on said property,securing the payment of a promissory
note payable to , and bearing Interest
at the rate of per cent per annum, with an unpaid balance of principal thereon as of the closing date
of $ and the Buyer wilt, on the closing date, as part of the purchase price, assume and agree to pay
the actual remaining unpaid balance of said note.
B. Seller agrees to finance a part of the purchase price In the amount of $ to be evidenced by
a negotiable purchase money promissory note In a form approved by Seller to be amortized in equal monthly installments over a period of
years bearing Interest at the rate of per cent per annum and secured by a deed of trust In a
form approved by Seller and covering the property described above. ,
C. This contract is given subject to the Buyer's ability to obtain a conventional loan or loans In the amount of
per cent of the sales price or In the amount of Dollars payable over a period of not less
than years and bearing interest at a rate of not more than _ per cent per annum. The Seller shall not be obligated
to pay any of the expenses Incidental to the obtaining of such ban or loans. The Buyer shall use reasonable diligence in seeking to
obtAin such a loan or loans and In the event the Buyer Is unable to obtain such loan commitment by ^M., on the ay
of 19"then this contract shall be null and void and the earnest money deposited shall be returned to
the Buyer.The requirement of reasonable diligence on the part of the Buyer shall be deemed satisfied if the Buyer makes a loan application
at three different lending Institutions In the vicinity where the real estate is located and presents to each full and complete information con-
cerning the Buyer's financial situation.
D. This contract is given subject to the Buyer's ability to obtain a U.S. Government insured or guaranteed loan in the amount
of S payable over a period of not lest than years and bearing Interest at a rate of not more than
per cent per annum.In the event such a loan is obtained,the Seller agrees to pay the discount points,if any,which may not be paid by the
Buyer.The Buyer shall use reasonable diligence In seeking to obtain such a loan or loans and In the event the Buyer Is unable to obtain
such loan commitment by M., on the day of 19_ then this contract shall be null
and void and the earnest money deposited shall be returned to the Buyer.
The sale under this contract shall be closed at the office of Graham & Graham In
Jefferson City Missouri, on the 7th day of _ February 1081 at
o'clock _M, or at such other time and place as the parties may mutually agree. If there are defects In the title to the
property which require correction or If the abstract Is not delivered to the Buyer or his attorney ten (10) days before the date of closing
specified above,then the time of closing shall be extended as provided In the general closing conditions and sales practices set out below.
Possession shall be delivered to the Buyer at the time of closing•ef•within —days thereafter,-svt�ject-tv-IFte"ripf►1e.
ef- -vitro-occupievilrm Prerrtiset.
If the Seller continues In possession of the premises beyond the date of closing,the Seiler shall maintain the premises In the same con•
dltlon as existed at closing and the Seller shall be liable to the Buyer for any change in the condition of the premises oeeuring during the
Seller's occupancy. Said liability shall Include, but not be limited to, damage to the property or breakdown of any personal property or
mechanical equipment that Is transferred with the reel estate above described.
The Seiler agrees to pay the agent the commission agreed upon between Seller and agent.
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written and acknowledge receipt
of one copy of the contract.It Is further agreed that this Contract shatl be binding upon the parties,their heirs,assigns and representatives.
City of Jefferson 011 Z4 Ole,
Purchase Mayor , seller