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HomeMy Public PortalAboutORD07713 { � v 2� a; BILL NO. T7 INTRODUCED BY COUNCILMAN: VanLoo ORDINANCE NO. ? ? 13 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING AND t; DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT GIVING THE CITY AN OPTION TO PURCHASE LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MIS- :. SOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized z and directed to execute a contract by which the City acquires an option to purchase real estate. Section 2. Said option contract shall read in words and figures as follows: 4; s C This agreement, made and entered into this 1— day of November, 1965, by and between William R. 8ohnieders and Jean Marie Schnieders, husband and wife, of Jefferson City, Cole County,„Missouri, hereinafter termed First Parties, and the City of Jefferson; Missouri,, a municipal corporation located in Cole County, Missouri, existing undeer the,'lams of that state, hweinafter. . termed Second Party: 1. In consideration of Ahe pasympat of Six Hundred.Dollars ($6011.00),by Second Party,to First Parties, receipt of which:is hereby acknowledged, the . k First. Parties,hereby give Second Party, its successors and assigns, the ex- {` w clusive option and right to purchase, upon the terms and conditions hereinafter set out following described real estate in the County of Cole, State of ' Missouri,. to-wit: 'Part,of the`Southeast quarter of Bowdon 2, Township 44, Range 12, in the'City of Jefferson, Missouri, and more particularly described,as follows: '.. From a point on the'east line of said Section, 599.S feet south of the northeast corner of the Southeast quarter of the Southeast quarter of-said " ` = section; thence North 79 degrees west (Magnetic) 837.5'feet, to a point"on. the northerly right-of-way line of the Missouri Pacific Railway and the begin- "` ring point of"this description• thence,northerly 830 feet' to the southerly line of a tract donvsyed to Ben J. Fechtel and wife,'b Y,Wwranty Deed of regard In Book 119. page 524', Cole County Recorder's Office; thence West Zo feet along the southerly Iii e of'said tract, to the,.6outhwssterly'corrier thereof, and .being k ' on the easterly line: of another tract conveyed to Ben J. 'Fechtel.and wife,. by Warranty'Dood of record In Book 108, page 512, Cole County Recorder's Office;. r; thence South 4 degrees east, along the,.easterly line of'the last described tract, a ttr 55 feet, `to'the'southeasterly corner thereof; thence South 88 degrees west ''tF along the southery► line of said tract,. 121.7 feet, to the southwesterly•corner thomof; thence southerly 746 feet, to the northerly right-of-way lini,of 0s Mbs�ouri'Pacific Ri ilwayf thence southeasterly along said right Hof `way Unit,. 189.$ feet, to tine b*gbning point ot.this description. Subiegt to easements; rights-of-way and restrictions, if any existing { or of record. . Grantees in accepting this deed have knowledge that there'is no ri�ht- of-way to said above property herein conveyed to any street existing, and grantees;must provide their own way of ingress and egress to said. property." 2. This option may be exercised by the Second Party at any time on or before the 15th day of November, 1966, and Second Party shall have;the' oxclu- save and absolute power to purchase said real:estate on or before the-afore- ,: z mentioned dayf but if Second Party does,not exercise its right of option as herein provided, the option shall terminate and Second Party shall have no further rights hereunder. 3, The purchase price for the real estate described above shall be ?if- ' teen Thousand-Dollars IS.000.00), less the amount of Six Hundred Dollars �rs ($600o 00) paid for this option,•to be paid to First Parties in cash upon delivery of the,ded'conveying the real estate to the Second P it arty or its nominee. i d, within ten days after exercise of this option the First Parties shall r. ` furnish to the Second Party an abstract of title certified to date, showin; Halve chantebie•title of record vested in First Parties. The Second Party shall have ' fifteen daysi thereafter.to have the abstract examined and within said time shall Ah notify the F Parties, in writing, of any defects therein, and any defects in } the abstract not so,noted; except liens of record, shall be deemed waived. The First Parties shall correct any such defects within a reasonable time, provided if the defects are not corrected within ninety days after notice thereof, the. Second.Party upon written notice may avoid.this contract, and provided further, if the defects cannot be corrected this contract shall be void and the money paid to the First Parties for this option-shall be returned to the Second Party. The taxes" on.said property shall be pro rated as of the date of the delivery:of the deed. i 6. ` The proparty shall be conveyed by general warranty deed "o and' r4 clear of all`lf�iris, orttie t ba.hOmIn:provided 70 .-The property shalt be conveyed to the Second'°Party or such nominee as-he. shall,`Jp writing, d sigmate,. 5 ' 8. The deed shall be delivered and the sale closed within they,days alter the exeroi�re of the option, provided ttist`if title is not ac=ceptable at�that ` time,' the sale shall be closed within three days after title is accepted by thi Second Party. 9, If this option is not exercised by notice in writing prior to midnight of the ISth day of November, '10616, the some shall expire and the wasiderstion paid therefor shell,be retained by the First Parties. yJ 2 1 r 1 b. Notice of elerrtloit of the Becond Patty to exercise this option shell •a, Do delivsrsd to the ptrst Parties in person, or mailed to the First Perlis: by 'i .; ular United State$ mail, postage prepaid, addressed to the First Parties at s'. > the : -the same shall be post 09 as to► es ieen in this o on ftaob'th`e.Furst Ptrtiis in ordinary course of mail prior to the tithe,of iratioin �p of this";ditlsm. 1l. This agaent shall be bigdinQ upon the execta ;.,adttliYtbtrato° • .heirs &Q.assipris of the YksCParties', and Inure to'.the 8000nd,arty, its:: - tkPt ` suWassors aar assigns• IAT'Wl?1 W� lAttffllt ,'the'Pa►rllme hereto have sdt Welk Diande.and'eeel,e Eli .i: ;• '. .. ' .. s !n dupl1cAte this yath day' ofi Nd1vo tber, I965 First Parties: . . . F Y 5 William A. Sohniedstls k a Teen Marie Schnieders A { Second Party: CITY OF JEFFERSON, MISSOUN {Bye, John G.:Christy, Mayor ey Atteat i . City .Clark t XCKNOWIZDGEMEIdT $tats of,Miesauri , County. 4f Cole o 1 , ' , N , beo� e m ippeOwthis 'of, . William A.48ohniedere and 'loan Marie Schniedeme,,hiefwifs,. to me'known.to be thii persons desedbed.in and who executed the foregoing instrum at and . ` poktsawledgea that they ex"i#ed the samo,as their'free act and deed: 3 Y u err > ,.t IN TESTIMONY WHEREOF# i have hereunto set my hand and affixed my official seal et my office in Jefferson City, Missouri, the day and year first wtittGa ` Notary Public of Cole County, Missouri ( 4y Coi6ifia' , expires ,i'' ai 't' 5 STATE OF'M1890URI } COUN* 60.COLE this. _day of November, 19.66, before one persaually appeaxed { John G: Cbrlsty, tome personally ka+sarn, who, being by sae duly sworn, did ••', s .sa ,that'h®'is the Ma of the City offers Missouri thet'tD�e Teal affixed y yor. y ou.'. ,.' to this.instriment is the corporate seal,.,of aaid,p6rr ration, and that:.the said bstr=tnt was.signed and sealed in behalf of said,oorporation.by authority of n r i ` its..Cit, Council, t r kid the Sim john"G. .Ctu'isty a�oknoarledges said instrument to b�►'th® free act and..deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set.my hand'and afflxsd:my. j official seal,at my office in Xefferson City, Missouri, the day.and year first + 1' above written• . Notary:Public of Cole County, .Missouri ., W Commlaslon expires: Ti..t• Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: /�J / �-5 Approved: E� �✓ n. f�resident of the Council Mayor ry. test: ity Clerk i; ;I`