HomeMy Public PortalAboutORD15983BILL NO. 2019-064
SPONSORED BY Councilman Hussey
ORDINANCE NO. / 18,3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE DONALD R.
RACKERS TRUST DATED THE 22ND DAY OF JANUARY, 1981, AND THE CLARA M.
RACKERS TRUST DATED THE 22ND DAY OF JANUARY, 1981, AND EXECUTED BY
THEIR TRUSTEE CLARA M. RACKERS FOR THE PURCHASE OF PROPERTY
ADDRESSED AS 1136 EAST DUNKLIN STREET.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with The Donald R. Rackers Trust Dated the 22nd Day of
January, 1981, and The Clara M. Rackers Trust Dated the 22nd Day of January, 1981,
and executed by their Trustee Clara M. Rackers for the purchase of property addressed
as 1136 East Dunklin Street, and all documents necessary to convey the property.
Section 2. The agreement shall be substantially the same in form and content as
that agreement 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:
Presiding Officer
ATTEST.
Q
Approved: � �i?O /
APPROVED AS TO FORM:
CITY OF JEFFERSON
AGREEMENT FOR THE SALE OF REAL ESTATE
THIS AGREEMENT, entered into the date last signed by a party as indicated below, by
and between The Donald R. Rackers Trust Dated the 22nd Day of January, 1981, and The Clara M.
Rackers Trust Dated the 22nd Day of January, 1981, and executed by their Trustee Clara M.
Rackers, referred to herein as the Seller, and the City of Jefferson, a municipal corporation,
referred to herein as the Buyer.
IN CONSIDERATION of the mutual promises and covenants and obligations of the
parties set out herein, the parties agree as follows:
1. Seller agrees to sell and convey to the Buyer and the Buyer agrees to purchase from the
Seller, on the terms and conditions hereinafter set forth, the following described real estate
(including all improvements located thereon) situated in the County of Cole, State of Missouri,
to -wit:
Part of Outlot No. 59 in the City of Jefferson, Missouri, more particularly
described as follows:
Beginning at a point on the west side of Clark Avenue, at the intersection of said
street and the north boundary line of said Outlot No. 59; thence south along said
street, 60 feet; thence west, parallel with said north boundary line of said Outlot, 69
feet; thence north at right angles 60 feet to the north boundary line of said Outlot;
thence east along the said north line 69 feet, to the point of beginning.
EXCEPT that part conveyed to the City of Jefferson, Missouri, by Warranty
Deed of record in Book 142, page 380 Cole County Recorder's Office.
ALSO: A Part of Outlot No. 59 in the City of Jefferson, Missouri, more
particularly described as follows:
Beginning at a point on the northerly line of said Outlot No. 59, which said point
is 69 feet westerly from the intersection of Clark Avenue and the northerly
boundary line of said Outlot No. 59, thence southerly parallel with Clark Avenue 60
feet, thence westerly parallel with Dunklin Street 31 feet, thence northerly at right
angles 60 feet to the northerly line of said Outlot, thence easterly along said line 31
feet to the point of beginning.
ALSO: A part of Outlot No. 59 in the City of Jefferson, Missouri, more
particularly described as follows:
Beginning at a point 629 feet 2 inches easterly from the westerly line of said
Outlot and 60 feet southerly from the northerly line thereof, thence southerly
parallel with the westerly line of said Outlot 44 feet, thence easterly parallel with the
northerly line of said Outlot 100 feet, more or less, to the westerly line of Clark
Avenue, thence northerly along said Clark Avenue 44 feet, thence westerly parallel
with the northerly line of said Outlot 100 feet, more or less, to the place of beginning.
Part of Outlot No. 59 in the City of Jefferson, Missouri, particularly described as
follows:
Beginning at a point on the northerly line of said Outlot No. 59, 579 feet and 2
inches easterly from the northwesterly corner thereof, thence southerly parallel with
the westerly line of said Outlot 104 feet, thence easterly parallel with the northerly
line thereof 50 feet, thence northerly parallel with the westerly line of said Outlot
104 feet to the northerly line thereof, thence westerly along the northerly line of said
Outlot 50 feet, to the place of beginning.
Page 1 of 3
Also, the use of a private alley 8 feet wide and adjoining the above described
property on the southerly side thereof and running easterly to Clark Avenue, and
particularly described in a deed from Paul A. Schaefer and wife, to James Walsh,
recorded in Book 58, at page 405, office of the Recorder of Deeds for Cole County,
Missouri.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
The aforesaid conveyance and transfer of property is 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.
2. The price to be paid by the Buyer to the Seller for the above-described real property and
improvements and personal property located thereon shall be Two Hundred Fifty Thousand
Dollars ($250,000.00), which shall be remitted upon closing.
3. The sale under this Agreement shall be closed at the time and place as the parties may
mutually agree within thirty (30) days of the date this Agreement is last signed by a party as
indicated below.
4. Possession of the property shall be delivered to the Buyer at the time of closing. Seller
shall execute a General Warranty Deed and deliver the same to the Buyer at Closing.
5. Closing shall occur at the offices of Cole County Abstract, 240 East High Street,
Jefferson City, Missouri 65101, and Buyer shall pay all closing costs, including title insurance,
escrow fees, and recording fees.
6. 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 Seller furnish the affidavits, or
other title papers, if any, described in the applicable standard.
7. Seller states that the property is currently leased to the Joshua House Church under the
terms of a lease agreement executed on September 1, 2019, a copy of which is attached as Exhibit
1. Seller hereby transfers to Buyer all right, title, and interest in and to the lease agreement and the
property. The assignment shall become effective the date of closing, and shall continue until the
end of the lease term on August 31, 2020.
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.
Page 2 of 3
CITY OF JEFFERSON SELLER
City Administrator
DATE:
ATTEST:
Q.StvA. ayi-jeArJ,
Executive Secretary
APPROVED AS TO FORM:
City Counselor
Clara M. Rackers, Trustee of
The Clara M. Rackers Trust Dated the 22nd
Day of January, 1981
And Successor Trustee of
The Donald R. Rackers Trust Dated the 22nd
Day of January, 1981
DATE: r
Page 3 of 3
CITY OF JEFFERSON SELLER
avA,
Carrie Tergin, Mayor
DATE: /2.- 3- 20 / 9
ATTEST:
Cit Clerk
APPROVED AS TO FORM:
Clara M. Rackers, Trustee of
The Clara M. Rackers Trust Dated the 22nd
Day of January, 1981
And Successor Trustee of
The Donald R. Rackers Trust Dated the 22nd
Day of January, 1981
DATE:
Page 3 of 3
EXHIBIT 1
CITY OF JEFFERSON
AMENDMENT TO LEASE
WHEREAS, The Donald R. Rackers Trust Dated the 22nd Day of January, 1981, and The Clara M.
Rackers Trust Dated the 22nd Day of January, 1981 entered into a Lease agreement with The Joshua
House Church ("Lessees") on September 1, 2019; and
WHEREAS, The Donald R. Rackers Trust Dated the 22nd Day of January, 1981, and The Clara M.
Rackers Trust Dated the 22nd Day of January, 1981, transferred the property and assigned the Lease
to the City of Jefferson, Missouri ("City") on November XX, 2019; and
WHEREAS, both parties wish to amend the Lease by striking clauses 3 and 4, and replacing them as
follows:
3. Rent. Rent for the term of this lease shall be One Hundred Dollars and Zero Cents ($100.00)
per month, payable in advance on the first day of each month. If payment is not received by the
third day of the month that the rent is due, the Lessee shall owe a late fee of Ten Dollars ($10)
per day for each day that the rent is not paid.
4. Utilities and Maintenance. Lessees shall pay all utility expenses relating to its use and
lease of the premises. Lessees are solely responsible for the maintenance and upkeep of the
leased premises, including repair of the structure and repair of all fixtures and appliances
contained therein. Lessees expressly release the City from its duty to repair or maintain the
leased premises.
11. Lessor's Repair Obligations. Lessor has no duty or obligation to maintain or repair the
premises.
13. Security Deposit. No security deposit shall be paid by the Lessees to the City.
17. Right of First Refusal. If, during the term of this Agreement, the City does not pursue its
infrastructure project on and around the Leased Premises and the City is prepared to accept a
bona fide offer from any party to purchase the Leased Premises, City shall give written notice
to Lessees of the terms of such purchase offer and Lessees shall have a period of seven (7) days
from the date of receipt of such notice within which to elect to purchase on the identical terms
and conditions of such offer, by giving written notice of such election to City. If Lessees fail to
give such timely written notice of election to purchase, City shall have a period of ninety (90)
clays from the date of the expiration of the period for giving of notice by Lessees to transfer the
premises upon terms not more favorable to the purchaser than contained in such notice.
NOW, THEREFORE, be it agreed by the parties that for sufficient consideration, Paragraphs 3, 4,
and 17 of the Agreement is amended as provided herein.
CITY OF JEFFERSON, MISSOURI THE JOSHUA HOUSE CHURCH
City Administrator Title:
Page 1 of 2
Date: Date:
ATTEST: ATTEST:
City Clerk Secretary
APPROVED AS TO FORM:
City Counselor
Page 2 of 2