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HomeMy Public PortalAboutORD16048BILL NO. 2020-004 SPONSORED BY Councilmember Hensley ORDINANCE NO /&O.Al AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, FINDING THAT A CERTAIN BLIGHTED AREA AS DEFINED IN CHAPTER 353 OF THE REVISED STATUTES OF MISSOURI, AS AMENDED, THE URBAN REDEVELOPMENT CORPORATIONS LAW, EXISTS IN THE CITY OF JEFFERSON AND THAT THE REDEVELOPMENT OF SUCH AREA IS NECESSARY AND IN THE PUBLIC INTEREST; APPROVING A DEVELOPMENT PLAN FOR SUCH AREA; APPROVING A GRANT OF REAL PROPERTY TAX ABATEMENT; APPROVING A DEVELOPMENT AGREEMENT; AND PROVIDING FURTHER AUTHORITY. WHEREAS, by reason of age, obsolescence, inadequate or outmoded design or physical deterioration, a portion of a certain area situated within the City of Jefferson, Missouri (the "City") and legally described in Exhibit A, attached to and incorporated by reference in this Ordinance (the "Redevelopment Area"), has become an economic and social liability, and that such conditions are conducive to ill health, the transmission of disease, crime, and/or the inability to pay reasonable taxes; and WHEREAS, a development plan entitled "Development Plan 200 — 202 E. High Redevelopment Project," a copy of which is attached to and incorporated by reference in this Ordinance as Exhibit B (the "Development Plan"), has been prepared in accordance with the requirements of the Urban Redevelopment Corporations Law, Chapter 353 RSMo., as amended ("Chapter 353") and has been submitted by the Jefferson City Redevelopment Corporation (the "353 Corporation") to the Council of the City of Jefferson (the "Council") for consideration; and WHEREAS, the Development Plan at Exhibit C thereto contains an analysis of the Redevelopment Area entitled "Study of Blighting Factors within Redevelopment Area" (the "Blight Analysis") which has been prepared to assist the Council in determining whether the Redevelopment Area is a "blighted area" within the meaning of Chapter 353; and WHEREAS, the Development Plan describes and calls for a redevelopment project (the "Redevelopment Project") to be undertaken by the 353 Corporation, its successors and assigns which includes a grant of limited real property tax abatement as provided under Chapter 353; and WHEREAS, in accordance with the requirements of Chapter 353, the City has provided written notice to each political subdivision whose boundaries for ad valorem taxation purposes include any portion of the real property within the Redevelopment Area of the proposed grant of tax abatement and which notice stated that each such political subdivision shall have the right to be heard at a public hearing to consider the Development Plan and the grant of tax abatement and has provided, together with such notice, a written statement of the impact on ad valorem taxes that the proposed grant of tax abatement would have on such political subdivision; and WHEREAS, in accordance with the requirements of Chapter 353, the City has held a duly noticed public hearing on April 20, 2020 at 6:00 p.m. at the Jefferson City Hall, 320 E. McCarty Street, Jefferson City, MO 65101, (the "Public Hearing") for the stimulation of comment concerning the Development Plan, the Blight Analysis, the Redevelopment Project, and the proposed grant of limited tax abatement; and WHEREAS, following the closure of the Public Hearing and upon consideration of the testimony presented, the Council has determined that it is necessary and in the interest of the public health, safety, morals, and general welfare of the people of the City that the Council take the appropriate official action respecting the findings and determinations set forth in the Blight Analysis and the approval of the Development Plan, the Redevelopment Project, and the proposed grant of property tax abatement and, in connection therewith, the approval of a certain Development Agreement in substantially the form attached as Exhibit C to and incorporated by reference in this Ordinance (the "Development Agreement"). NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The setting of the date and time of the Public Hearing and the giving of the respective notices, by publication and in writing, together with the preparation and furnishing of the Tax Impact Statement to each affected political subdivision and all prior acts and activities attendant thereto are hereby approved, confirmed, ratified and endorsed. Section 2. Upon due consideration of the Blight Analysis and the testimony presented at the Public Hearing, it is hereby found, determined and declared that the Redevelopment Area constitutes a "blighted area" as that term is used and defined in Chapter 353. Section 3. It is hereby further found, determined and declared that the redevelopment of the Redevelopment Area and the implementation of the Redevelopment Project as provided in the Development Plan and pursuant to Chapter 353 is necessary and in the interest of the public health, safety, morals, and general welfare of the people of the City. Section 4. The Development Plan, in substantially the form of Exhibit B, having been duly reviewed and considered, is hereby approved. Section 5. The Development Agreement by and among the City, the 353 Corporation, and Ruben and Carol Wieberg in substantially the form of Exhibit C, having been duly reviewed and considered, is hereby approved and the Mayor of the City is hereby authorized and directed to execute and deliver the Development Agreement on behalf of the City. Section 6. Any redevelopment corporation acquiring real property within the Redevelopment Area shall be entitled to abatement of ad valorem taxes on such real property in accordance with the following schedule: Commencing at the time such urban redevelopment corporation acquires the real property, for the first year following (the "Initial Period"), such property shall not be subject to assessment or payment of general ad valorem taxes imposed by the City or by the state or any political subdivision thereof, except to the extent and in such amount of the assessed valuation of the land, exclusive of improvements, as was determined by the Cole County Assessor upon acquisition of title by the urban redevelopment corporation of such property; for the next nine (9) years (the "Next Ensuing Period"), ad valorem taxes upon the real property in the Redevelopment Area shall be measured by the assessed valuation thereof as determined by the Cole County Assessor upon the basis of zero percent (0%) of the true value of such real property, including both the land and any improvements thereon. For the following fifteen (15) years the property shall be assessed at fifty percent (50%) of the actual assessed value. The amounts of such tax assessments shall not be increased during such periods so long as the real property is used in accordance with the Development Plan. After the expiration of the twenty-five (25) year period, the real property shall be subject to assessment and payment of all ad valorem based on the true value of the real property. Section 7. The grant of limited real property tax abatement provided for in this Ordinance shall inure to the benefit of such urban redevelopment corporation and to any successors and assigns with interest in real property originally acquired by the urban redevelopment corporation so long as such successors and assigns shall continue to use such property as provided in the Development Plan and in accordance with all requirements of the Development Agreement. The real property within the Redevelopment Corporation shall be acquired by the 353 Corporation on or before December 31, 2020. In the event the 353 Corporation shall fail to acquire any portion of the property within the Redevelopment Area by such time, the development rights hereunder including, without limitation, the right of real property tax abatement shall automatically terminate as to the unacquired portions. In the event of a conflict between this Ordinance and the Development Agreement, the terms of the Development Agreement shall govern and this Ordinance shall be deemed amended accordingly. Section 8. The Mayor, City Administrator, City Finance Director, and City Clerk are hereby each further authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and with the implementation of the Development Plan, the Development Agreement, and the Redevelopment Project, and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, or other documents as may be necessary, desirable, convenient, or proper to carry out the matters herein authorized. Section 9. The portions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential and inseparably connected with and dependent upon the void portions that it cannot be presumed that the Council would have enacted the valid portions without the invalid ones, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent. Section 10. This Ordinance shall take effect and be in force from and after its passage and adoption by the Council of the City of Jefferson, Missouri, and its signature by the officer presiding at the meeting at which it was passed and adopted. PASSED AND ADOPTED by the Council of the City of Jefferson, Missouri on this C04 -h day of \fA \ f 12020. Passed: (Q" c�20 Presiding Officer Attest: Em y Donaldson, City Clerk Mayor Carrie Tergin Approved as to form: R n ehlman, City Attorney REDEVELOPMENT AREA Legal Description of Redevelopment Area The Northwest part of INLOT 476 (Four Hundred Seventy-six) in the CITY OF JEFFERSON, County of Cole, State of Missouri, BEGINNING at the Northwest corner of said Inlot 476, thence South along Madison Street, 75 feet;. thence with right angles with said last mentioned line 30 feet; thence north at right angles with said last mentioned line, 75 feet to High Street; thence along High Street 30 feet West, to the PLACE OF BEGINNING.. EXCEPT one foot from the East side of the above mentioned tract conveyed by Deed of record in Book 21, Page 319. TOGETHER WITH all of Grantor's interest, if any, in and to the following described parcel: A private alley in the City of Jefferson described as beginning at the Northwest corner of Inlot Four Hundred Seventy-six (476) in the CITY OF JEFFERSON; run thence South along the East line of Madison Street a distance of 75 feet to the TRUE PLACE OF BEGINNING of this description; thence East parallel with the North line of said Inlot 476 a distance of approximately 77 feet to the East line of a tract conveyed by the Exchange National Bank of Jefferson City to Arnold J. Schnider and other by Warranty Deed dated September 1, 1949 and recorded in Book 96, Page 395, of the deed records of Cole County; thence South parallel with the East line of Madison Street a distance of 10 feet more or less; thence westerly parallel with the North line of Inlot 476, a distance of approximately 77 feet to the East line of Madison Street; thence North along the East line of Madison Street a distance of approximately 10 feet to the TRUE PLACE OF BEGINNING of the land herein conveyed, said tract being all of a private alley maintained as such by abutting owners and first described of record in a conveyance dated February 9, 1969 and recorded in Book V, Page 329, of the deed records of Cole County. SUBJECT to the terms and conditions of that Agreement recorded June 23, 1978, in Book 251, Page 452, deed records of Cole County, Missouri. AND PART OF INLOT NO. 476, IN THE CITY OF JEFFERSON, MISSOURI. MORE PARTICULARLY DESCRI]BED AS FOLLOWS, AFGINNFNG AT A POINT ON THE NORTHERLY LINE OF IN Lori' NO. 476, 29 FEET EAS:I'EKLY FROM THE NORTHWESTERLY CORNER THr-,FX.OF,. THENCE EASTERLY ALONG THE SAID NOKMERLY LINE, 22 FEET, M- ORE OR LESS, TO THE NORTHWESTERLY CO. RNER OF A TRAC-1- CON VEYEDTO ARNOLD I. SCHNIEDER, ETAL, BY DEED OF RECORD IN BOOK 96, PAGE 395, COLE COUNTY RECORDEWS OFFICE; THENCE SOUTHERLY ALONG THE WESTERLY L[NE THEREOF, 75 FEET TO THE NORTliERLY LINE OF A 10-FOOT PRIVATE ALLEY; MFNCF WESTERLY ALONG THE NCRTHERLY LINE OF SAID ALLEY, 22 FEET, MORE OR LESS. TO THIS SOUTHWESTFRLY CORNER OF A [-FOOT STRIP OF LAND CONVEYED TO EXCRANGE REALTY COMPANY, BY CONVEYANCF. OF RECORD IN ROOK 21, PACE 319, COLE COUNTY RECORDER'S OFFICE; THENCE NORTHERLY ALONG THE WESTERLY LIN& OF SAID TRACT, AND PARALLEL WITH MADISON STREET, 75 FEET TO THE POINT OF BEGINNING. S UBJ DCT TO EASEMENTS AND RFSTRIC71ONS OF R PCORD Development Plan 200 — 202 E. High Redevelopment Project Jefferson City, Missouri Prepared for The City Council of the City of Jefferson City, Missouri on behalf of Jefferson City Redevelopment Corporation April 20, 2020 Development Plan 200 & 202 East High Redevelopment Project City of Jefferson City, Missouri Jefferson City Redevelopment Corporation Introduction This Development Plan (this "Plan") sets forth a program of redevelopment intended to eliminate or mitigate certain factors which cause an area containing approximately two lots in downtown Jefferson City, Missouri, located at 200 and 202 East High Street, Jefferson City, Missouri and legally described in Exhibit A and depicted on Exhibit B, both attached to and incorporated in this Plan by reference (the "Redevelopment Area"), to constitute a "blighted area," as that term is used and defined in the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as amended ("Chapter 353"). A study entitled "Study of Blighting Factors within Redevelopment Area" chronicling conditions of blight in the Redevelopment Area (the "Blight Analysis") has been performed and has concluded that evidence of physical, social and economic conditions of blight exist in the Redevelopment Area. A copy of the Blight Analysis is attached as Exhibit C and is incorporated in this Plan by reference and sets forth the factors which support this determination. The Redevelopment Area encompasses two (2) lots of land in downtown Jefferson City. The lot at 200 E. High is owned by the City of Jefferson and the lot at 202 E. High is owned by Carol Jean Wieberg (the "End -User"). The Redevelopment Area currently consists of one vacant lot and one remaining building at 202 East High. (see Exhibit B). The properties are located in the primary business area of the City making them ideal for retail and office use. The building at 200 E. High had structurally failed and had to be torn down. The building located at 202 E. High is threatened structurally and but for this redevelopment plan will have to be torn down as well. The costs of removal of 200 E. High and the additional cost to prevent the removal of 202 E. High make the lots undevelopable despite their locational advantages. To address the blighting factors present in the Redevelopment Area the Jefferson City Redevelopment Corporation (the "353 Corporation") has determined that mixed retail, office, and residential uses be sought and has proposed this Plan, prepared in accordance with Chapter 353, and procedural ordinances of the City governing consideration of redevelopment proposals, which calls for the grant of real property tax abatement to induce redevelopment and preservation of both lots. Chapter 353 Provisions and Requirements Chapter 353 as a redevelopment tool is available to all Missouri cities regardless of size. Chapter 353 encourages redevelopment by providing for real property tax abatement for properties within designated redevelopment areas. Under Chapter 353, real property acquired by an Urban Redevelopment Corporation (as that term is used in Chapter 353) and used in accordance with an approved redevelopment plan may receive tax relief in the form of partial real property tax abatement for a period of up to 1 twenty-five years. Taxation of personal property remains unaffected. Before authorizing a redevelopment project, and granting real property tax abatement, the governing body of a city must schedule and hold a public hearing, notify affected taxing districts in writing, and provide to the taxing districts a written statement identifying the estimated impact of the proposed real property tax abatement. Following the public hearing, the city may approve the project and the tax abatement by ordinance. The ordinance must set the time for acquisition of property by the Urban Redevelopment Corporation and for expiration of the development rights granted. Redevelopment Objectives The principal objectives of this Plan are the reduction or elimination of blighted conditions within the Redevelopment Area and the improvement of the site to encourage redevelopment of the vacant lot and preservation of the existing building which will in turn result in job creation and an enhanced capacity to pay reasonable taxes. The demolition of 200 E. High and the cost of in -fill development at that location, as well as the cost of preventing the demolition of 202 E. High creates a higher cost of doing business on the properties and renders the two lots economically unviable. Loss of one of the two buildings already will have spillover effects on the rest of the downtown area. Empty lots have the tendency to reduce property values for an entire neighborhood, thus magnifying the property tax loss for the entire downtown area.' Therefore, this plan is designed to make redevelopment of the vacant lot and preservation of the existing building financially viable. To induce these actions, this Plan also calls for the abatement of 100% real property taxes for a ten-year period and a 50% reduction in property taxes for a fifteen -year period to incentivize and induce the called -for redevelopment activities. The savings from this tax abatement will be used to fund the costs of the demolition/preservation project. In addition the City has agreed to forgive any unpaid balance at the end of the 25 year period. This plan means that the two properties Description of the Redevelopment Proiect A. Redevelopment Project Activities The Redevelopment Project will involve the elimination of nuisance conditions within the Redevelopment Area, specifically the demolition by the City of the existing nuisance structure at 200 E. High Street. Because of the particular means of construction of the structures at 200 E. High and 202 E. High Street, the structure at 200 E. High Street must be carefully and selectively demolished in a manner that leaves the structure at 202 E. High Street intact. After demolition of 200 E. High Street, the End -User will be Bass, Margaret, Chen, Don, Leonard, Jennifer, Levy, Lisa M., Little, Cheryl, McCann, Barbara, Moravec, Allie, Schilling, Joe, and Snyder, Kevin. 2005. Vacant Properties: The True Cost to Communities. National Vacant Properties Campaign. Washington DC 0 required to perform certain repair and work to 202 E. High Street to ensure that the structure is able to structurally support itself and to weatherproof the western wall of the structure, which was previously an interior wall. This first phase of the Redevelopment Project anticipates an initial investment with an economic value of over three hundred thousand dollars ($300,000.00). The City and End -User have begun initial redevelopment activities with an anticipated completion date for this portion of the Redevelopment Project of no later than August 4, 2020. Furthermore, the Redevelopment Project envisions the rehabilitation of the two lots by rebuilding a new mixed use building at the 200 High location paid for by private funding. In addition the property at 202 E. High would continue to be a contributing property economically and would be subject to improvements in the same manner as surrounding properties. Necessary redevelopment activities will be unlikely occur without the incentives offered in this Plan. No use of eminent domain will be necessary under this Plan. No request for the City to exercise eminent domain on behalf of the 353 Corporation has been or will be made. B. Relocation Plan The Council of the City of Jefferson City (the "City Council") by ordinance has established a relocation policy for projects undertaken pursuant to Chapter 353 and other redevelopment statutes (the "Relocation Policy"), all in accordance with requirements of Sections 523.200 et seq. of the Revised Statutes of Missouri, as amended. This Plan incorporates the Relocation Policy as the relocation plan for the Redevelopment Project. This Plan as proposed does not require relocation activities. C. Redevelopment Terms and Proposed Limitations on Tax Abatement Chapter 353 allows for grants of real property tax abatement for a total maximum period of twenty-five years. This Plan calls for a grant of abatement 100% of taxes on real property only within the Redevelopment Area for a period of ten (10) years followed by a 50% rebate for the following fifteen years. Throughout this twenty-five year period and thereafter, all affected taxing districts will continue to receive personal property. The properties at 200 and 202 E. High Street may utilize separate terms of real property tax abatement Upon approval of this Plan and of the extension of the grant of real property tax abatement called for, the City will enter into a binding redevelopment agreement with the 353 Corporation and the End -User specifying requirements and timetables for redevelopment activities. This Plan further contemplates other future phases of redevelopment activity with consideration of other grants of real property tax abatement in appropriate circumstances taxes on existing and new equipment and personalty. V Land Use Plan The Redevelopment Area lies within the City's "C-3" zoning district classification. The City's Zoning Code provides that the "C-3 District implements the commercial development plan land use category. The C-3 District is intended to provide concentrated retail and services for public, semi-public, institutional and professional and business offices and services within the area around the State Capitol and downtown." (See Jefferson City Code § 35-26(E)). Permitted uses in the C-3 district include retail, office, and upper -floor residential and related uses. The proposed uses of this Plan are permitted as of right under the C-3 district regulations. Accordingly, this Plan is consistent with the City's Zoning Code and requires no prior zoning approvals or any other land use approvals for implementation. Duration of Plan This Plan and all development rights hereunder shall expire at the end of the twenty-five year term of granted tax abatement that begins when the 353 Corporation acquires the real property within the Redevelopment Project Area, which acquisition shall occur no later than December 31, 2020. Plan Amendments This Plan may be amended from time to time by the City Council by ordinance. Any such amendment that substantially departs from the terms of any redevelopment agreement between the City and the End -User, shall additionally require approval by any affected developer or sub -developer. 19 Exhibit A Legal Description of Redevelopment Area Exhibit B Map of Redevelopment Area Aerial Overview MidMoGIS, MO Ir i r! v June 30, 2020 yei 1:600 25 50 00 fl 0 5 10 20 M EXHIBIT C Study of Blighting Factors within the Redevelopment Area Exhibit C Study of Blighting Factors within Redevelopment Area 200/202 E. High Street Redevelopment Area In accordance with the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as amended ("Chapter 353"), this study of blighting factors has been prepared to assist the City Council of the City of Jefferson City (the "City Council") in determining whether a certain area located within the City of Jefferson City (the "City") is a "blighted area," as that term is used and defined in Chapter 353. This analysis was conducted in the first quarter of calendar year 2020. The area under study contains approximately 3900 square feet, generally known and numbered as 200 E. High Street and 202 E. High Street, together with adjacent public and railroad rights-of- way, in the City of Jefferson City, at the southeastern corner of High Street and Madison street, all as depicted on Exhibit B attached to that certain development plan entitled "Development Plan 200/202 E. High Street Redevelopment Project, Jefferson City Missouri" dated April 6, 2020 (the "Redevelopment Plan"), incorporated by reference in this analysis (collectively, the "Redevelopment Area"). The Redevelopment Area consists of two (2) parcels of contiguous real property, plus the aforementioned rights- of-way. At the time of this study, the Redevelopment Area was zoned "C-3 Central Commercial." Chapter 353 requires as a prerequisite to the undertaking of proposed redevelopment activities, including the granting of real property tax abatement, that the City Council make a determination that the Redevelopment Area is a "blighted area," as that term is used and defined in Chapter 353. A "blighted area" is defined by Chapter 353 to mean: "That portion of the city within which the legislative authority of such city determines that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration have become economic and social liabilities, and that such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes. (Missouri Revised Statutes, as amended §353.020(2)). The determination of statutory "blight" need not encompass the entire Redevelopment Area. Rather, Chapter 353 expressly provides that "any such area may include buildings and improvements not in themselves blighted, and any real property, whether improved or unimproved, the inclusion of which is deemed necessary for the effective clearance, re -planning, reconstruction, rehabilitation of the area of which such buildings, improvements, or real property form a part." Based on the analysis detailed below, the City Council has a sufficient factual basis to support a determination that the Redevelopment Area is indeed a "blighted area" under Chapter 353. The following factors demonstrate that the Redevelopment Area is a "blighted area" as that term is defined and used in Chapter 353. Background On June 7, 2018, the building at 200 E. High Street suffered a catastrophic failure of its western wall. The brick making up the western wall collapsed, leaving the interior of the building exposed to the outside. Over the ensuing days, the western wall continued to fail. The building was vacated and below impacted sidewalk and street was cordoned off to protect the travelling public. In short order, the then -owner of 200 E. High Street placed bracing on the western wall to prevent further failures. As a solution to the building failure was being explored, it was discovered that the structures at 200 and 202 were constructed in such a manner that the building at 202 E. High Street was structurally dependent on the building at 200 E. High Street and that complete failure of 200 E. High Street (or demolition of 200 E. High Street) would negatively impact the viability of the building at 202 E. High. The legal relationship between 200 and 202 was governed by an agreement dating back to the late 19th Century. The owners of 200 and 202 filed competing lawsuits in the Cole County Circuit seeking an interpretation of the 1890s agreement as to whether the agreement imposed on 200 E. High Street an obligation to maintain the shared wall between 200 and 202, which provided critical structural support for both buildings. Neidert Properties LLC v. Wieberg, 18AC- CC00416 (Cole County Cir. Ct). In the meantime, when the City discovered the structural dependence of the building at 202 E. High Street on the building at 200 E. High Street, it inspected the shared wall between 200 and 202 and found significant deficiencies in such shared wall. Upon such finding, the City began its dangerous building procedures on both 200 E. High Street and 202 E. High Street. Attachment 1 & 3. The building at 202 E. High Street was ordered vacant on June 12, 2018. Attachment 3. The City and the then -owner of 200 E. High Street entered into a consent order for demolition or repair of 200 E. High Street on January 15, 2019. Attachment 2. The City also conducted a dangerous building hearing on 202 E. High Street on February 19, 2019 which resulting on in an order to demolish or repair the building at 202 E. Street. Attachments 3 & 4. This order was appealed to the Cole County Circuit Court, which upheld the City's order on June 6, 2019. Attachment 5. On the same day, the Circuit Court also issued its Judgment in Neidert Properties LLC v. Wieberg, holding that the owner of 200 E. High Street did not owe an obligation of structural support to the building at 202 E. High Street. This meant the owner of 200 E. High Street could demolish its building, including the shared wall, without providing structural support for the building at 202 E. High Street. Such a demolition would unavoidable lead to failure and collapse of 202 E. High Street. Upon this Judgment becoming final, Neidert Properties LLC v. Wieberg was appealed to the Missouri Court of Appeals, Western District. During the pendency of this appeal, the City negotiated a settlement agreement between the owners of 200 and 202 E. High and the City. The settlement agreement between these three parties provided for the City taking over ownership of 200 E. Street. The City would then convey to the owners of 202 E. High Street enough real estate (substantially consisting of the shared wall between 200 and 202) so that the owners of 202 E. High Street could provide needed protection and repair to the shared wall to ensure the continued structural viability of the building at 202 E. High Street. As part of the settlement agreement, Neidert Properties, LLC v. Wieberg was dismissed. 1 Starting March 30, 2020, the City demolished the building at 200 E. High Street using a detailed and painstaking demolition process in order to separate the 200 E. High Street structure from the shared wall, would need to protected and preserved so that such shared wall could be converted into western exterior wall of 202 E. High Street. During this demolition process, the engineers for the project required that the neighboring building of 204 E. High Street remain vacant for the duration of the demolition, given the interdependent structural relationship between 200, 202, and 204 E. High Street Blight Factors Present Within the Redevelopment Area Inadequate or Outmoded Design: Overall, the Redevelopment Area suffers from an inadequate and outmoded design which renders the Redevelopment Area an economic and social liability unable to pay reasonable taxes. The structures with the Redevelopment Area were constructed in the 19th century using a method that has rendered the design of the structures to be inadequate or outmoded. Specifically, 202 E. High Street was constructed by attaching its joists to the eastern wall of 200 E. High Street, leaving the building at 202 E. High structurally dependent on the structural integrity of 200 E. High. See Attachment 1, Dangerous Building Hearing File. These considerations speak to the need for redesign and alteration of the structures within the Redevelopment Area to give 202 E. High its own structural support of its western wall, independent of any structure at 200 E. High. Accordingly, the Redevelopment Area, in its current condition, remain unusable and an economic liability, incapable of paying reasonable taxes, as well as a social liability, presenting a threat to the public health, safety, and welfare. Physical Deterioration: In addition to problems of inadequate design, improvements constructed within the Redevelopment Area suffer from significant physical deterioration. As stated above, the City of Jefferson Building Official found both 200 and 202 E. High to constitute dangerous building under the City Code. Specifically, on October 18, 2018, relating to 200 E. High Street, the Building Official found [The] building's exterior unreinforced masonry load bearing walls are deteriorating due to excessive water infiltration and are no longer serviceable. This is evident with total failure of a portion of the west wall on June 7, 2018. Additionally, the west and east parapets are noticeably compromised. The entire length of the west parapet is now failing by the brick shifting horizontally west and the east parapet is showing evidence of water infiltration by having the mortar washing out of the brick joints below the roof line. It is indeterminate when the building will fail, but eventually it will fail completely. Attachment 1, Ex. 4. As to 202 E. High Street, on November 9, 2018, the Building Official found: 04 It has been determined that the west shared wall is now failing caused by mortar washing out over the years and is no longer serviceable. This condition will eventually cause a brittle failure of the structure that is dangerous to the health, safety and welfare of the occupants (Section 8- 81.C). An example of this type of failure is what happened with the west wall of the unreinforced masonry adjoining building at 200 E. High. Deterioration is seen of the west shared wall by looking at the parapet and at the base of the wall. The mortar of the unreinforced masonry wall has been washed out by water infiltration. Attachment 3, Ex. 4. Although the City was able to recently accomplish demolition of 200 E. High Street, this work left 200 E. High vacant and without an active use. Attachment 6. As such, significant work will be needed to restore the Redevelopment Area back to active use and return its ability support necessary commerce and pay reasonable taxes. Significant portions of the Redevelopment Area, in its current state and design, remain unusable and will not attract development thus remaining an economic liability, incapable of paying reasonable taxes. Additionally, portions of the Redevelopment Area, in its current state, constitute social liabilities conducive to ill health, transmission of disease, and a threat to public safety. Conversely, redevelopment of this area will advantage neighboring parcels, thus assisting the City's overall goals in economic development and public safety. Obsolescence and Economic Underutilization: Currently, portions of the Redevelopment Area are underutilized, which results in an economic liability, incapable of paying reasonable taxes. The Redevelopment Area's underutilization directly tied to the above - discussed blighting factors, including inadequate and/or outmoded design and significant deterioration of internal improvements necessary for safe and effective operation of commercial and residential uses. The Redevelopment Area enjoys several advantages for commercial and residential uses. It is located on High Street, the main commercial corridor in downtown Jefferson City. Specifically, the Redevelopment Area sits at the intersection of High Street and Madison, which has evolved into the epicenter of downtown events, such as the regional "Salute to America" Fourth of July celebration, the Thursday Night Live summer concert series, and countless parades, festivals, and community celebrations. Furthermore, the Redevelopment Area is mere blocks in from the Missouri State Capitol, Missouri Supreme Court, Governor's Mansion, the Kit Bond Federal Courthouse, and several State Office Buildings. City officials have realized the advantages that location within downtown Jefferson City can provide and have developed land use policies to promote and support effective development of commercial and residential uses. The Redevelopment Area sits within a City -center downtown zoned for a wide -variety of uses, whether those be retail, restaurant, bars and nightlife, governmental, institutional, financial services, professional and/or office uses. However, the blighted conditions in the Redevelopment Area have 3 resulted in underutilization of the Redevelopment Area, frustrating the City's land use policies and goals. The Redevelopment Area, in its current state and design, will remain underutilized. Continued underutilization of the Redevelopment Area would deprive the City of reasonable taxes and is inconsistent with the City's land use policies, frustrates the City's economic development and land use objectives, and interferes with intended development for the City's and the public's welfare. Summary of Findings and Conclusions The following summarizes the findings of this Analysis: 1. The Redevelopment Area is presently characterized by economic underutilization. Continued underutilization and attendant limitations on private investment commensurate with the land use classification and development potential of the Redevelopment Area constitute an economic liability and are conducive to the inability of the Redevelopment Area to pay reasonable taxes. 2. The continued underutilization of the Redevelopment Area, as well as the deteriorating condition of internal improvements and ineffective design, falls short of the intended impacts of City's land use policies and frustrates the City's economic development objectives for City -center mixed use commercial development. 3. The Redevelopment Area's deterioration of both existing buildings are social liabilities presenting threats to the public health, safety, and welfare. 4. In addition to the blighting factors found on portions of the Redevelopment Area and described above, the entire Redevelopment Area is necessary to provide a suitable site for reinvestment and relocation of commercial and residential concerns and to provide improvements that have proved effective in attracting the mix of commercial and residential redevelopment desired by the City in this area. Conclusion: This analysis demonstrates that portions of the Redevelopment Area exhibit conditions that meet statutory and common law tests supporting a determination by the City Council that the Redevelopment Area on the whole constitutes a "blighted area" so that the clearance, replanning, reconstruction or rehabilitation of the Redevelopment Area is necessary to effectuate the purposes of Chapter 353, as amended. 12 Administrative Hearing Neidert Properties LLC 2 E. High Street January 17, 2 19 ATTACHMENT 1 Exhibit List 200 E. High street 1. Exhibit 1 Records indicating ownership 2. Exhibit 2 - Original site photos 3. Exhibit 3 - Listed violations 4. Exhibit 4 - Notice to abate from City S. Exhibit 5 - Notice of Hearing 6. Exhibit 6 - Current Site Photos 7. Exhibit 7 - Cost Analysis Parcel ID Owner Name Mailing Address City State Zip Property Address Property Description Subdivision Boole -Page -Date 1 Book -Page -Date 2 Book -Page -Date 3 Sec-Twn-Rng Sq Ft -Above Grade 200 E Strut 1103070004005016 NEIDERT PROPERTIES L L C 1809 HAYSELTON DR JEFFERSON CITY, MO 65109 2.00 E HIGH ST W29'OFN75'&S 10'OF N 85'OF W 7TINLOT 476 CITY OF JEFFERSON INLOT 567-369& 9/15/2008 257-934& 2/12/1979 250-973 5/24/1978 7/44/11 0 Records indicating Ownership in Basement Type Fin. Bsmnt Sz-Sq Ft Year Built 0 Date Certified 1/1/2018 Prop Value -Land -Comm $42,700 Prop Value -Land -Ag $0 Prop Value -Land -Res $0 Prop Value-Impry-Comm $276,500 Prop Value-Impry-Ag $0 Prop Value-Impry-Res $0 Appraised Value $319,200 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. 1 inch = 25 feet Frds 1 IX Indicating Ownership HIc No. 39512 "THIS IS NOT AN INSURANCE POLICY. NO RISK Is INSURED OR GUARANTF.ET3 BY THIS CERTIFICATE." RECORD INFORMATION REPORT TO: CITY OF JI"IF FRSON ATTN: RYAN MOEHL.MAN NL'IDERTPROPERTIES, LLC are the name(s) of the grantee(s) in the last deed of record, in Cole County Recorder of Deed Books, which describes the following: THE NORTHWEST PARTOF INLOT 476 (FOUR SEVENTY SIX) IN -1.1 -IE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI, BEGINNING AT THE NORTHWEST CORNER OF SAID INLOT 1176, THENCE SOUTH ALONG MADISON STREET, 75 FEET, TI IENCE SOUTH WITH RIGHT ANGLES WITH LAST SAID MENTION LINE 30 FEET; THENCE NORTH AT RIGHT ANGLES WITH SAID LAST MENTIONED LINE, 75 FEET TO HIGH STREET; THENCE ALONG HIGH STREET 30 FEET WEST, -1-0 THE PLACE OF BEGINNING. EXCEPT ONE FOOT FROM THE EAST SIDE OF THE; ABOVED MENTION TRACT CONVEYED BY DEED OF RECORD IN BOOK 21, PAGE 319. TITLE: By Warranty Deed dated SEPTEMBER 8, 2007, recorded SEPTEMBER 15, 2008, in Book 567, Pane 36 , Cole County Recorder's Office. 1. UNRELEASED DEED(S) OF TRUST OR FINANCING STATEMENT(S) IN -]'HE? CO1.,1.: COUNTY RECORDER'S DEED OF TRUST BOOKS: NONE 2. UNSATISFIED JUDGMENTS against NEIDERT PROPERTIES, LLC in the Circuit Court and Associate Division of the Circuit Court of Cale County, Missouri FOR THE PAST TEN YEARS: NONE, 3. REAL ESTATE TAXES IN T14E COLE COUNTY COLLECTOR'S OFFICE: State and County taxes for the year 2017 and prior years are shown paid. This report covers a time period of from SEPTEMBER 15, 2008 to OCTOBER 8, 2018. LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT PAID FOR TI IIS REPORT. COLE COUNTY ABSTRA//C.T & 'r1TL..E C o. � �`6 B Y -p I,- " �. Charge: $100.00 Parcel Details for 1 10307000400501(' Records Indicating I Page 1 of 3 Ownership Property Information Parcel Number Mailing Name & Address Owner Name & Address 11-03-07-0004-005-016 NEIDERT PROPERTIES L L C. NEIDERT PROPERTIES L L C. Tax Year 1809 14AYSELTON DR 1809 HAYSELTON DR 2017 . JEFFERSON CITY, MO. 65169 JEFFERSON CITY, MO, 65109 Property Class Tax Code Tax Status Commercial JCJEF Taxable Net Taxable Value Tax Rate Total Tax Pay Taxes 102,140 6.353200 $8,489.16 Site Address 200 E HIGH ST LAW OFFICE, Legal Description CITY OF JEFFERSON INLOT W 29' OF N 75 & S 10' OF N 85' OF W 77' INLOT 476 Tax Bitted $6,489.16 Penalty Billed $0.00 Cost Billed $0.00 Total Bitted $6,489.16 Amount Paid $6,489.16 Total unpaid $0.00 Date Paid 1 2 72 9120 1 7 Tax Due Amounts Parcel has no balance due. littp://colemo.devnetwedge.coin/parcel/view/110307000400501 6/2017 10/12/2018 Parcel Details for 1103070004005016 ' Records Indicating page 2 of 3 Ownership Payment History Appraised Assessed Appraised Tax Year Total Due Total Paid Amount Unpaid 2017 $6,489.16 $6,489,16 $0.00 2016 $5,615,25 $5.015.25 $0.00 2015 $5,611.90 $5,611.98 SO.OD 2014 $5.637.11 $5,637.11 $0.00 2013 $3,302.33 $3,302.33 $0.00 2012 $3,297.42 $3,297,42 $0.00 2011 $3,300.12 $3,300.12 $0.00 2010 $3,299.82 $3,299.82 $0.00 2009 $3,350.80 $3,350.80 $0.00 2008 $3.473.40 $3,473.40 $0.00 2007 $3,425.53 $3,425.53. $0.00 2006 $3,427.15 $3,427.15 $0.00 2005 $3.441.87 $3,441.87 $0.00 2004 $2,379.64 $2.379.04 $0.00 2003 $2,379.OD $2,379.00 $0.00 2002 $2,286.24 $2,286.24 $0.00 2001 $2,160.06 $2,160.00 $0.00 2000 $2,156.00 $2,156.00 $0.00 1999 $2,168.00 $2,168.00 - WOO 1998 $2,164.00 $2,164.00 S0.00 1997 $2,180.00 $2,160.00 $0.00 1996 $2,103.52 $2,103.52 - $0.00 1995 $2,080.46 $2,088,46 $0.00 1994 $2.223.94 $2.223.94 $0.00 1993 $2,223.94 $2,223.94 $0.00 1992 $2.235.23 $2,235.23 30.00 1991 $2,069,65 $2,089.65 $0.00 1990 $1,907.85 $1,907.85 50.00 Collapse Assessment Appraised Assessed Appraised Assessed Appraised Assessed Period Land Land Building Building Total Total Final Value 42,700 0 276,500 102,140 319,200 102,140 Form 11a 42,700. 0 276,500 102,140. 319,200. 102,140 Form 11 42,700 0 276,500 102,140 319,200 102,140 Prior Year 42.700 0 276.500 102,140 319,200 102,140 littp://colemo.deviietwedge.com/parcel/view/1 103070004005016/2017 10/12/2018 Parcel Details for 1103070004005016 ' Records Indicating I ]gage 3 of 3 Ownership Parcel Owner Iniormalitm Name Tax Bill Address NE IDERT PROPERTIES L L C Y 1609 HAYSLLTON DR JEFFERSON CITY, MO, G510D Taxing Bodies District Tax Rate Extension COLE COUNTY GR OM2100 5!33.116 CC SPECIAL SVCS 0.030600 $92.54 JC SCHOOL DIST 4.542800 $4,64D.02 JEFFERSON CITY 0.46000D $469.64 LIBRARY 0.200000 $204.2.8 JEFF CITY FIRE PENSION FUND 0.096100 $98.16 . ROAD 8 RRIDGE 0.271600 $277.41 STATE OF MO 0.036000. $30.64 SURTAX 0.580000 $59241 TOTAL 6.363200 $6,489.16 4f COLE COUNTY GR I A CC SP8CIAL Svcs e JC SCHOOL DIST 1/ ,TEFF€RSON CITY 1D LIBRARY ® JEFF CITY FIRE PENSION FUND ® ROAD R BRIDGE 0 STATE OF MO ® SURZAx 02018 Dr VNET. Inc D.I. a dm.d: "IR110110 wr:{sn Vrvsinn 5 e 5577 2€M5 http.l/colenio.devnetwedge.coiai/parcel/view/1 103070004005016/2017 10/12/2018 Records Indicating Ownership MOWGIS, MO Page I ill' I -777T pts �4 t E�n di 1 rt s M I Parcel ID 1103070004005016 Book -Page Hate 257-934& 2/12/1979 Owner Flame NEIDERT PROPEPMES L C Book -Page Date 250-973 5/24/1978 Mailing Address 1609 HAYSELTON DR Sec/Tvin/Rng 7/ City State ZIP JEFFERSON CITY, MO 65109 Square Feet (Above Grade) 0 Property .Address 200 E High St Basement Type Subdivision CITY OF JEFFERSON INLOT Finished Bsmnt. Size (Sq. Ft,) Subdivision Image CITY OF JEFFERSON INLOT Year Built 0 Property Descriptinn W 29' CF N 75- & S 10' CF N 85' OF Appraised' value " 1"1 77' INLOT 476 Book -Page Date 567-369& 9/15/2003 Disclaimer- blap and parcel data are believed to be accurate, but accuracy ;s n.,Aquaroaree.i. This ,s »or a Map Scale legal document and should root be substituted fora title search,apprassal, si:rvay, ar fnrx• nine v.,ofication. 1 inch = 27 feet 10/12/2018 11tip://www.i-niclillc)bis.Ut"g/tirct,,iSOLItPLEi ags 1 c73b 1 5(jpg 10/12/2018 Records Indicating Ownership No. 200809751 laic 567 Pg 369 State of t'li scouri mole County RECORDED Sets 15, 2008 £3:27:07 AN Larry D, Rademan, Recorder of DeLds Fees $27.00 M Deputy r "� & TRUSTEE DEED This Indenture, Made on the day of p _ 2008, by and between Hawthorn Bank, as successor -in -interest to The Exchange National Bankof efferson City by Merger Agreement dated May 22, 2007 (and amended on Sep(ember 14, 2007) and Purchase & Assumption Agreement dated May 22, 2047, and William H. Bales, as Co -Trustees of the FIRST PART of The Juliet Price Idol Trust, No. 1, Dated April 1, 1969, and Hawthorn Bank, as suceessor-in-interest to The Exchange National Bank of Jefferson City by Merger Agreement dated May 22, 2007 (and amended on September 14, 2007) and Purchase & Assumption Agreement dated May 22, 2007, and William H. Bates, as Co -Trustees of the SECOND PART of The Juliet Price Idol Trust, No. 1, Dated (��yApril 1, 1969, Grantors, and NEIIIERT PROPERTIES, LLC (Grantee's mailing address: ` t ?+ f aVit�c._ O (a 5' 10 J, of the County of Cole, in the Stare of Missouri, Grantee; J"`� WITNESSETH, That Grantors, in consideration of the sum of Ten Dollars and other valuable consideration, to Grantors paid by Grantee, the receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN, AND SELL, CONVEY AND CONFIRM unto Grantee, Grantee's successors and assigns, the following described lots, tracts or parcels of land lying, being and situate in the County of Cole, State of Missouri, to wit: The Northwest part of INLOT 476 (Four Hundred Seventy-six) in tate CITY OF JEFFERSON, County of Cole, f State of Missouri, HE GINNING at the Northwest corner of said Inlot 476, thence South along Madison Street, 75 \ feet; thence with right angles with said last mentioned line 30 feet; thence north at right angles with said last mentioned line, 75 feet to High Street; thence along High Street 34 feet West, to the PLACE OF BEGINNING. EXCEPT one foot from the East side of the above mentioned tract conveyed by Deed of record in Book 21, Page 319, The undersigned on behalf of Hawthorn Bank, formerly known as The Exchange National Hank of Jefferson City, Trustee states that hawthorn Bank is the Co -Trustee of The Juliet Price Idol Trust, No. 1, Dated April 1, 1969, that said Trust Is in full force and effect and has not been changed, amended or revoked, and that pursuant to the terms of said trust it has full authority to convey the property described herein. This document, including the legal description, is prepared with the information furnished by a party or agent of a patty to Hendren and Andrae, L.L.C. and. without title search or examination. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rigUs, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said Grantee and unto Grantee's heirs and assigns FOREVER, the said Grantors hereby covenanting that Grantors are lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that Grantors have good right to convey the same; that the said premises are free and clear of any encumbrances done or suffered by Grantors or those under whom Grantors claim and that Grantors will warrant attd defend the title to said pretniscs it I Records Indicating Ownership unto the said Grantee, and unto Grantee's successors and assigns FOREVER, against the lawrul claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto set Grantors' hand and seal the day and year first above written. 11 j�24, -a' 7;"4� William H. Bates, Co -Trustee Hawthurn Bank, Co -Trustee b, 'E.4—�4� V, �? Karen Sue E. Prenger, Asst. Vice silent STATE OF MISSOURI } ss. COUNTY OF COLE } On this C�h'day of 2008, before rue personally appeared Karen Sue E. Prenger, to me personally known, who being by me duly sw rn, did say that she is Assistant Vice President of Hawthorn Bank, that the seal affixed to this instrument is the corporate seal of said corporation, and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors. And the said Karen Sue E. Prenger acknowledges said inshunicnt to be the free act and deed of said Corporation. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in Jefferson City, Missouri tate day and year first above written. MELISSA MCNUTT Natarryy public - Notary Seal STATE OF MISSOURI County of Cole My Gommilmion Expplros 4/4/2092 COMMISSIon # 083624 43 STATE OF MISSOURI ) ) ss. COUNTY OF eeL-PI& Notdy Public On this �L day of _._ _, 2008. before me personally appeared William H. Bates, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. In Testimony Whereof, I have hereunto set my hand and affixed.nry official seal in the County and State aforesaid, the day and year first above written. CPTRtt3KWiroym Notary Public 8TAWoar itAmr� my� 6--1 9 Records Indicating Ownership QUIT -CLAIM DEED BY CORPORATION No. 200809752 Ric 5137 Pg 370 State of M asouri Cole County RECORDED Sep 15. ?OOE 8:27:43 AN Larry D. Radetnen. Recorder of Deeds Fees $30.00 AU 5 Deputy GG7 THIS INDENTURE, Made on the day of a , 2008, by and between Hawthorn Hank, as successor-ln-ltiterest to The Exehantie Natlottal Bank of Jefferson City by Merger Agreement dated May 22, 2007 (and amended on September 14, 2007) and Purchase & Assumption Agreement dated May 22, 2007, and William I1. Bates, as Co -Trustees of the FIRST PART of The Juliet Price Idol Trust, No. 1, Dated April 1, 1969, and Hawthorn Bank, as successor -in -interest to The Exchange National Bank of Jefferson City by Merger Agreement dated May 22, 2007 (and amended on September 14, 2007) and Purchase & Assumption Agreement dated May 22, 2007, and William H. Bates, as Co -Trustees of the SECOND PART of The Juliet Price Idol Trust, No. 1, Dated April 1, 1969, Grantors, and NEIDERT PROPERTIES,ULC (Grantee's mailing address: 1912 rj4rc2 ,0 Edi Jc- (YLO G5log), of the County of Cole, in the State of Missouri, Grantee; WITNESSETR, That the said Grantors in consideration of the sum of Ten Dollars and other valuable consideration, to i1 paid by the said Grantee, the receipt of which is hereby aclutowledged, and by virtue and in pursuance of the authority granted by the hoard of I)ireclors of said Grantor, Hawthorn Bank, do by these presents Ren»se, Release and forever Quit -Claim unto the said Grantee, the following described Lots, Tracts or parcels of Land lying, being acid situate in the County of Cole and State of Missouri, to -wit: All Grantor's Interest fit and to the following described parcel: A private alley In the City of Jefferson described as beginning at the Northwest corner of Inlot Four Hundred Seventy-six (4767 in the CITY OF JEFFERSON; run thence South along the East line of Madison Street a distance of 75 feet to the TRUE PLACE OF BEGINNING of this description; thence East parallel with the North line of said Inlot 476 a distance of approximately 77 feet to the East line of a tract conveyed by the Exchange National Bank of Jefferson City to Arnold J. Schnlder and other by Warranty Deed sated September 1, 1.949 and recorded in book 96, Page 393, of the deed records of Cole County; thence South parallel with the with the East line of Madison Street a distance of 10 feet more or less; thence westerly parallel with the North line of Inlot 476, a distance of approximately 77 feet to the East line of Madison Street; thence North along the East line of Madison Street a distance of approximately 10 feet to the TRUE P1,ACE OF BEGINNING of the land herein conveyed, said tract being all of a private alley maintained its such by abutting owners and first described of record In a conveyance dated February 9, 1969 and recorded in Book V, Page 329, of the deed records of Cole County. The undersigned on behalf of Hawthorn Batik, formerly known as The Exchange National Bank of Jefferson City, Trustee states that Hawthorn Bank is the Co -Trustee of The Juliet Price Idol Trust, No. 1, Dated April 1, 1969, that said Trust is in. full force and effect and has not been changed, amended or revoked, and that pursuant to rite terms of said trust it has full authority to convey the property described herein. Exhibit I Records Indicating Ownership 'niis document, including the legal description, is prepared with the information fitmished by a party or agent of a party to Hendren and Andrae, L.L.C. and without title search or examination. TO HAVE AND TO HOLT) the same, with all die rights, immunities, privileges and appurtenances thereto belonging unto the said Grantee, and Grantee's heirs and assigns, FOREVER so that neither die said Grantors nor their successors or assigns, nor any other person or persons for it or in their Name or behalf; shall or will hereafter claim or demand any right or title to the aforesaid premises, or any part thereof, but they and every one of them shall, by these presents, be excluded and forever barred. IN WITNESS WF EREOF, the said Grantors have hereunto set Grantors' hand and seal the day and year first above written. hzdi'� /) ( & William H. Bates, Co -Trustee Hawthorn Bank, Co -Trustee by tqV P1 Karen Sue E. Preager, Asst. Vi resldent STATE OF MISSOURI ) ss. COUNTY OF COLI; ) On this g day of , 2008, before me personally appeared Karen Sue L. Prenger, to me personally known, who being by me duly sw rn, did say that she is Assistant Vice President of Hawtliorn Bank, that the seal affixed to this instrument is the corporate seal of said corporation, and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors. And the said Karen Sue F. Prenger acknowledges said instrument to be the free act and deed of said Corporation. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in Jefferson City, Missouri the day and year first above written. MELISSA MCNUTT _ Nuts Public - Notary Seal �� Notary Pu lic ST7TE OF MISSOURI County of Cole 1-4 Commission Expires 4/412092 Commission # 08382443 Records Indicating Ownership STATE OF MISSOURI ) �) 5S. COUNTY aF ) On this Yday of , 2008, before me personally appeared William li. Bates, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. In Testimony Whereof, l have hereunto set my hand And affixed my official seal in the County and State aforesaid, the day And year first above written. � a �rZ -- -2 Notary Public pill Mi.M1�r�1_1p�1�I10 FAMim, �IaE� 1�1� IMMMI��C� ��a�ilt�l��l►�►lblf WIN Listed/Enumerated Violations 200 E. High -- Statement of Nuisance City Code citation: Sec. 8-81. Conditions of buildings or structures constituting public nuisance A. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity of any such wall or vertical structural members falls outside of the middle third of its base. B. Those which, exclusive of the foundation, show thirty three percent (33%) or more, of damage or deterioration of the supporting member or members, of fifty percent (50%) of damage or deterioration of the non -supporting enclosing or outside walls or covering. C. Those which have improperly distributed loads upon the floors, roofs, or other horizontal structural members, or in which the same are overloaded, or which have insufficient strength or deflections to be reasonably safe for the purpose used or intended to be used. D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City. E. Those which are uninhabited and are open at door, window, wall or roof. F. Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately next to the time that a notice shall issue under Section 8-84 of this article for the completion or demolition thereof. G. Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall issue to complete the demolition thereof under Section 8-84 of this article. H. Those containing therein substantial accumulations of trash, garbage or other materials susceptible to fire, or constituting or proving a harboring place for vermin or other obnoxious animals or insects of in any way threatening the health of the occupants thereof or the health of persons in the vicinity thereof. 1. Those having inadequate facilities for egress in case of fire or panic. J. Those which have parts thereof which are so attached or deteriorated that they may fall upon public ways or upon the property of others or may injure members of the public or the occupants thereof. K. Those buildings built in violation of any safety provision of the building code, electrical code, plumbing code, mechanical code, minimum housing standards code, or the fire prevention code of the city, or used in violation thereof. Specific nusiance: Per Section 8-81 (specifically paragraphs B, C, D, E and J), the building's exterior unreinforced masonry load bearing walls are deteriorating due to excessive water infiltration and are no longer serviceable. This is evident with total failure of a portion of the west wall on June 7, 2018. Additionally, the west and east parapets are noticeably compromised. The entire length of the west parapet is now failing by the brick shifting horizontally west and the east parapet is showing evidence of water infiltration by having the mortar washing out of the brick joints below the roof line. It is indeterminate when the building will fail, but eventually it will fail completely. Please refer to the following pictures that were transmitted with the "notice" October 15, 2018: Listed/Enumerated Violations Pictures Showing current condition of west wall: Photo ofwest wall parapet: Listed/Enumerated Violations Photos of east wall parapet: q4 City of Jefferson_ Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Date: October 15, 2018 Andrew Neidert Neidert Properties LLC 3200 Citadel Ct. Jefferson City, Missouri 65109 RE: 200 E. High Street, Jefferson City MO 65101 Parcel ID # 1103070004005016 Notice to abate from City Carrie Tergin, Mayor Sonny Sanders, AlCP, Director Phone: 573-634-6410 Fax: 573-634-6457 Certified Mail #: 7000 0600 0029 4301 8107 DECLARATION AND NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE According to the records of the recorder of deeds and the Assessor's Office of Cole County, Missouri, you are owner of the property located at 200 E. High Street, Jefferson City, Missouri hereinafter referred to as the "property'. Attached to this letter, please find Exhibit A, Assessor's Records, verifying said ownership. This notice is provided to you pursuant to Section 8-84 of the City of Jefferson Code. All references to section numbers are from the City of Jefferson Code. Pursuant to Section 8-84 (Notice of public nuisance), you are hereby notified that the property has upon it conditions which are in violation of the Dangerous Building Code. A. Per Section 8-81 (specifically paragraphs B, C, D, E and J), the building's exterior unreinforced masonry load bearing walls are deteriorating due to excessive water infiltration and are no longer serviceable. This is evident with total failure of a portion of the west wall on June 7, 2018. Additionally, the west and east parapets are noticeably compromised. The entire length of the west parapet is now failing by the brick shifting horizontally west and the east parapet is showing evidence of water infiltration by having the mortar washing out of the brick joints below the roof line. It is indeterminate when the building will fail, but eventually it will fail completely. Please see attached pictures as Exhibit B. B. Per Section 8-82.D, if the cost of repair exceeds 50% of value of the building, the building shall be ordered repaired or demolished. According to the assessor's data, the building is valued at $276,500. Given that the exterior bad bearing walls would need to be entirely replaced, this value would be greatly exceeded. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice to abate from City Without benefit of a detailed design documents, an initial minimum cost estimate to replace the east and west load bearing walls is: Temporary shoring of the floor and roof — $20,000 Foundation improvements - $100,000 Repair/replace east and west walls with reinforced concrete block $130,000 $250,000 The actual cost to repair the structure would be actually much higher than this estimate. There are many more components to consider of a structure plus unknown conditions. This estimate is provided only to demonstrate that the cost to repair exceeds 50% of the value of the building. C. Given that the order for the dangerous building shall be repaired or demolished per 8- 82.D, the following steps are necessary for the nuisance to be abated: 1. The building shall be stabilized within three (3) weeks of the date of this notice. Reference should be made to the owner's insurance engineers' reports recommendations to shore and stabilize the structure Walter P. Moore "The second and third floor joists at, and adjacent to, the wall collapse should be shored to the basement. The brick masonry wall should be shored to support the roof framing and prevent further collapse of the wall." Rimkus Consulting Group, Inc. 1. Prior to any demolition or construction activities, the building must be adequately shored. At a minimum, the shoring should include: a. As much as is practical, temporary shoring already installed should remain in place. b. The sections of the west and south walls to remain should be shored to prevent in -plane and out -of -plane movement. c. Existing floor and roof joists should be shored beginning in the basement and continuing to the roof. Possible ways to stabilize the structure may also be referenced with the "Field Operations Guide" by the U.S. Army Corps of Engineers Urban Research and Rescue Program. 2. The building shall be repaired or demolished by December 31, 2018. 3. The building shall be vacated immediately until the nuisance is abated (Section 8-82.13). Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice to abate from City Any owner or person receiving this notice has the right to request a hearing to appeal this declaration of nuisance. The request must be in writing and must be received by the Director of Planning & Protective Services of the City of Jefferson within 10 days of the date of the Notice. The Director may at his sole discretion, extend the time for filing the Request. The request for a hearing shall be on a form promulgated by the Director or shall be in writing and contain at least the name of the person requesting the notice, their mailing address, their phone number (if any), a statement that they request a hearing on the determination of a nuisance and the location of the nuisance. A copy of the request form is attached or may be found on-line at: http://cros4.revize.comlrevize/jeffersonmolPPS/Code%20Enforcement%20Hearinq%20 Req uest. pdf Please note that "Article VI. Dangerous Building Regulations" refer to procedures in Chapter 21, Article I of the Jefferson City Code. D. You are hereby notified that if the nuisance is not abated as directed within the prescribed time per Section 8-86, the City will hold a hearing as outlined in Section 21-9 to review the abatement order of the nuisance. Please let me know if you have any questions. My direct line is 573-634-6387. Sincerely, Larry Bur ardt, AIA, P.B. Building Official City of Jefferson CC: Sonny Sanders Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act Please allow three business days to process the request. Notice to abate from City EXHIBIT A - Assessor's data Map Scale Paper Size Orientation Include Resolution Default � 8.5 x 11 (Letter) =" Portrait U overview 1,1; Normal I Print `CI angel Landscape Data Table High Map Title or (Votes Parcel ID _ 11103070004005016 Owner Name NEIDERT PROPERTIES L L C Mailing Address 1809 HAYSELTON DR City State ZIP JEFFERSON CITY, MO 65109 Property Address 200 E High St subdivision CITY OF JEFFERSON INLOT Subdivision Image CITY OF JEFFERSON INLOT Book -Page Date 250-973 5/24/1978 Sec/Twn/Rng 7/44/11 Square Feet (Above (3rade) 0 Basement Type Finished Bsmnt. Size (Sq. Ft.) Year Built 0 Date Certified 1/1/2018 Property Description W 29' OF N 75'& S 10' OF N 85' OF W 77' INLOT 476 property Values (Land) Book -Page Date 567-369& 9/15/2008 Property Values (Improv.) Comm: $42,700 Ag: $0 Res: $0 Comm: $276,500 Ag: $0 Res; $0 Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request Notice to abate from City EXHIBIT B — Pictures Showing current condition of west wall: Photo of west wail parapet: Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice to abate from City Photos of east wall parapet. 44 Individuals should contact the ADA Coordinator at (573) 631-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. dry Citgo le , erson Department of Planning & Protective Services 320 E. McCarty St., Room 120 Jefferson City, MO 65101 Andrew Neidert Neidert Properties LLC 3200 Citadel Ct. Jefferson City, Missouri 65109 January 4, 2019 Notice of Hearing Carrie Tergin, , Magor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 Certified Mail #: 7000 0600 0029 4301 8091 RE: 200 E. High Street, Jefferson City MO 65101 Parcel ID # 1103070004005016 NOTICE OF HEARING Please be advised, the Director of Planning and Protective Services of the City of Jefferson has scheduled a hearing for the above referenced property at the following time and place: 10:00 a.m. on Thursday, January 17, 2019 Boone-Bancroft/Large Conference Room (Room #200) John G. Christy Municipal Building (City Hall) 320 E. McCarty Street, Jefferson City, Missouri This hearing has been scheduled since the nuisance has not been not been abated per the "Declaration and Notice of Public Nuisance and Order to Abate" letter dated October 15, 2018. This is per City Code Section 8-86: Sec. 8-86. Notice Disobeyed; Hearing Required If the Nuisance is not abated then there shall be a hearing as provided in Chapter 21, Article 1. Please find attached applicable portions of the City Code for the hearing. Please let us know if you have any questions. Sincerely, Sonny Sa ders, AIC Cc: Larry Burkhardt, AIA, P.E. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice of Hearing Sec. 21-9. Hearing Procedure If a hearing is called by the Director, the following procedure shall be followed: A. The City Administrator shall appoint a Hearing Examiner to conduct the hearing, consider the evidence and issue an order in accordance with the procedures of this chapter. The City Administrator may appoint himself/herself to serve as Hearing Examiner. (Ord. No. 15332, § 1, 10-20-2014) B. The person or person requesting a hearing shall have an opportunity to be heard, and shall be served notice of the hearing (personally or by mail; if those methods fail, service may be had by publication) allowing at least ten (10) days written notice. The notice shall include the date, time and place of the hearing. C. Any party may be represented by counsel and have the right to present evidence. D. In the event that any or all of the parties fail to appear at the hearing, the evidence of the existence of facts which constitute grounds alleged in the notice shall be considered unrebutted. E. The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted and considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing examiner. F. All testimony shall be under oath, which may be administered by the Hearing Examiner and a recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed by the City, the cost of which shall be paid by the City should the proceeding be eventually held against the City and by the owner if it should not. In the latter case the cost of such reporting shall be a lien upon the lot, tract, or parcel of land upon which the building or structure stands, and shall be added to the cost of performance for demolition or repair in the event the City shall be required to do so, and payable as provided for such costs. G. The hearing shall proceed in the following manner. The City will give opening remarks first, followed by any opening remarks by the owner. The City will then be allowed to present its evidence. Witnesses called by the City will be directly examined with an opportunity for the owner to cross-examine, followed by an opportunity for the City to re -direct. Once the City's case is presented, the owner will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal, if it so chooses. Finally, the City and the property owner will have an opportunity to make closing remarks in that respective order. (Ord. No. 15721, §1, 9-5-2017) Sec. 21-10. Findings of Hearing Examiner following hearing. Within thirty (30) days from the date of the hearing, the Hearing Examiner shall, upon the basis of competent and substantial evidence offered at the hearing, make a written findings of fact and conclusions of law as to whether or not a nuisance exists under the terms of this article. If the nuisance is found to exist then the Hearing Examiner shall make a finding as to whether the procedures required by this chapter have been substantially met and complied with and whether or not the order to abate the nuisance was reasonable in its terms and conditions and within the standards of this article. Finally the Hearing Examiner shall make a finding as to the appropriate abatement for the nuisance and enter an order instructing the nuisance to be abated in accordance with Section 21- 11. If it is found that the nuisance is detrimental to the health, safety and welfare of the residents of the City, that finding shall be specifically stated in the findings of fact. If the Hearing Examiner finds that the nuisance does not exist or that the procedures of this article have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed. If the nuisance involves a junked motor vehicle, the Hearing Examiner shall determine whether or not the vehicle is a junked motor vehicle and whether the director is entitled to abate the nuisance. The Hearing Examiner shall not have authority to determine the validity of a parking citation. If the Hearing Examiner determines that the vehicle is not a junked motor vehicle, the decision of the Director shall be withdrawn and the Director shall be prohibited from again determining that the vehicle is a junked motor vehicle for thirty (33 0) days. (Ord. No. 15721, §1, 9-5-2017) 5,-3q CITY OF JEFFERSON CITY HALL 320 E. McCARTY JEFFERSON CITY, MO. 65101 7000 01.00 0029 4301 8091 Andrew Neidert Neidert Properties LLC 3200 Citadel Court Jefferson City, MO 65109 Certified Mail Notice of Hearing r if<i—G[IA:7'�IyvrL•ryl ' _I i p y ♦ o . r r d Complete items 1, 2, and 3. A. Signature 0 Print your name and address on the reverse x r3 Agent I so that we can return the card to you. 0 Addressee E Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: Andrew Neidert Neidert Properties LLC i 3200 Citadel Court Jefferson City, MO 65109 I�Ill�llllillllllll II Iiil11111! ILII 9590 9402 2478 6306 0427 43 12. Article Number (Transfer from service !abet) + PS Form 3811, July 2015 PSN 7530-02-000-9053 D. Is delivery address different from item 1? © Yes If YES. enter delivery address below: ❑ No 3. Service Type O Priority Mall Express© 171 Adult Signature 0 Registered MaIIT14 Adull Signature Restricted Delivery d Registered Mall Restricted Certified MaIO Delivery cerlifled Mail Restricted Delivery eturrr Receipt for • Collect on Delivery Merchandise • Collect on Delivery Restricted Delivery Signature Confirmationv., Cl Insured Mail 0 Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over $50W Domestic Return Receipt t� ED r -q a Postage $ M -I- Certified Fee Postmark [r- Return Recelpt Fee Here N (Endorsement Required) E3 Restricted Delivery Fee M (Endorsement Required) E3 E:)Total Postage Fees ` DV — - - - - elect (narler) m 'Andrew Neidert y c3 s Neidert Properties LLC ----- ------------ ©-3200 Citadel Court ----------- ---------------- r JeffersonCity, MO 65109 �stY..''u.�.T1�.rf�'1in41 +�4`' /x.•lw..�1�1c: ai:�. �.+v--+n+�.-.�.-�� �. Certified 'Mail Notice of Hearing ft Complete items 1, 2, and 3, ■ Print your name and address on the reverse so that we can return the card to you, * Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Andrew Neidertt Neidert Proport►' LLC 3200 Citadel Court Jefferson City, MO 65109 111111111111111111111111111111111111III 1111 9590 9482 2478 6306 0427 43 2. Article Number (Transfer from service label) bboo PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature El Agent B. F19ceived,by (Printed NWnie) C. Date of Delivery /- 7 -(Y- D. Is delivery address different from item 1? 0 Yes If YES, enter del ivery address below: 0 No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mallm Adult Signature Restricted Dellvery Certified Me 10 ❑ Registered Mall Restricted Delivery Cartifled Mail Restricted Delivery Q Collect on Delivery ❑ Collect on Delivery Restricted Delivery eturn Receipt for Merchandise Signature ConfirmaYonTM Insured Mail ❑ insured Mall Restricted Delivery ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Notice of Hearing �7 CITY OF JEFFERSON CITY HALL 320 E. WCARTY JEFFERSON CITY. MO. 65101 Andrew Neidert Neidert Properties LLC 3200 Citadel Court Jefferson City, MO 65109 Regular Mail Notice of Hearing _Xlllblt b Current Site Photos is of November 201 �-- ­jF Y I k til _ I - J •�i• II fr rN .s , ♦ n �� � ��l` ' � 'fir �!►... §_ `^n,� � '�j - �4 rrI ®�'.,I S+r•'�• � �:N � a.a�c ����. ti i� �u �. ��f �4mW � .00 S 'r, 7' 1 fA Qu 1 0 � -; l./ .. i�"• `;1 *.yam , \��. � of � I /, .,1m �' ` �♦ �:; � t a i147F.� 'r Y lit r _ . "00 0.� .{ • mss 5,'�:��1 _—__—�,°' ' �' ,t"•'_.� - s' i. _ �.� ` r � �r..,- . ,4 -? ♦,may, .a...«»;+a.. �y>_�+�'` .� ; ��iti f - r � 1 ,�v.-. .may.. wry ''!� � �„ � �•� 4� x �p e s! x i it Current Site photos lAs of November 201 Cost Analysis 200 E. High — Cost Estimate to Repair City Code citation: Sec. 8-82. Standards for determining action required to alleviate public nuisance The following standards shall be followed in substance by the building regulations supervisor and the Director of Planning and Protective Services in ordering repair, vacation or demolition: A. If the dangerous building can reasonably be repaired or maintained so that it will no longer exist in violation of the terms of this article, it shall be ordered so repaired or maintained. B. If the dangerous building is in such condition as to make it dangerous to the health, safety, or welfare of its occupants, it shall be ordered to be vacated pending abatement of the nuisance. C. In any case where the dangerous building cannot be reasonably repaired or maintained so that the building or structure will no longer exist in violation of the terms of this article, the building or structure shall be ordered repaired or demolished. D. In any case where the conditions constituting the public nuisance are such that the costs to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed fifty percent (50%) of the value of the building or structure, it shall be ordered repaired or demolished, and in the event it is not repaired or demolished by the owner, then the city shall abate the nuisance by demolition. E. Any building or structure constituting a public nuisance because of the conditions described in sub -section (f) of Section 8-81 of this article shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed or demolished by the owner, then the city shall abate the nuisance by demolition. F. Any building or structure found to be a public nuisance because of the conditions described in sub- paragraph (g) of section 8-81 of this article shall be ordered demolished. Cost Estimate: Per Section 8-82.D, if the cost of repair exceeds 50% of value of the building, the building shall be ordered repaired or demolished. According to the assessor's data, the building is valued at $276,500. Given that the exterior load bearing walls would need to be entirely replaced, this value would be greatly exceeded. Without benefit of a detailed design documents, an initial minimum cost estimate to replace the east and west load bearing walls is: Temporary shoring of the floor and roof — $20,000 Foundation improvements - $100,000 Repair/replace east and west walls with reinforced concrete block $130,000 $250,000 The actual cost to repair the structure would be actually much higher than this estimate. There are many more components to consider of a structure plus unknown conditions. This estimate is provided only to demonstrate that the cost to repair exceeds 50% of the value of the building. ATTACHMENT 2 BEFORE THE DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES OF THE CITY OF JEFFERSON, MISSOURI IN RE: 200 EAST HIGH STREET JEFFERSON CITY, MISSOURI CITY OF JEFFERSON, ) } Plaintiff, } VS. ) NEIDERT PROPERTIES, LLC, ) } Defendant. ) STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT Based upon the evidence presented and stipulated to by the City of Jefferson and Neidert Properties, LLC, the Hearing Examiner makes the following findings of fact: 1. Definitions. For purpose of these Findings of Fact: Code shall mean the Code of the City of Jefferson as adopted and revised. Defendant shall mean Neidert Properties, LLC. Inspector shall mean City of Jefferson Building Official Larry Burkhart. Owner shall mean Neidert Properties, LLC. Subject property shall mean the structure located at 200 East High Street, Jefferson City. 2. The Inspector consulted the records of the Recorder of Deeds and the Assessor, both of Cole County, Missouri, and determined that the subject property is owned by the Defendant. The property is owned by the Defendant. 3. The Inspector investigated the subject property for code violations and as part of his investigation took pictures of the subject property. 4. The Inspector found conditions constituting violations of the Dangerous Building Code, which is adopted by the Section 8-80 of the Code of the City of Jefferson. S. Based on his training and experience, and fulfilling his assigned duties, the Inspector concluded that the subject property were not in compliance with the Code as aforementioned as there were conditions constituting public nuisances pursuant to the Dangerous Building Code, and in particular, Article VI, Section 8-81.1) and J, among others, in that the Subject Property has been damaged by causes so as to have become dangerous to life, safety, or the general health and welfare of the people of the City of Jefferson, and since the date of damage, has deteriorated such that parts thereof may fall upon public ways or upon the property of others or may injure members of the public. The Inspector determined the nuisances required abatement. 6. The Inspector notified the Owner by certified mail that the subject property was in violation of the Code, citing the specific sections of the Code and describing the specific violations. Further, the Inspector advised the Owner of the actions required to abate the nuisances. Finally, the Inspector advised the Owner of the time given to the Owner to abate the nuisances. 8. The Owner did not abate all the nuisances within the time prescribed by the Inspector. 9. As a result of the Owner's appeal of said notice, the Department of Planning and Protective Services of the City of Jefferson notified the Owner of a dangerous building hearing to be held on January 17, 2019 at 10:00 a.m., to determine whether or not the building or structure involved is a public nuisance, whether or not the procedures required by the Chapter 21 of the Code have been substantially followed, and whether or not the abatement orders were reasonable, 10. In lieu of conducting a hearing, the City and the Owner stipulate that the building constitutes a public nuisance, that the procedures required by the Chapter 21 of the Code have been substantially followed, and that the abatement order of demolition was reasonable. The parties agree that the City will not abate the nuisance until after such a time that the City issues a final determination under Ch. 8, Art. VI of the Jefferson City Code with regard to the property located at 202 East High Street owned by Carol Wieberg. 11. As part of the stipulation between the City and the Owner, the Owner also expressly waives its right to seek administrative review of this order pursuant to Section 536 of the Revised Statutes of Missouri. 12. The costs to repair the Subject property so that it would no longer constitute a public nuisance would equal or exceed fifty percent (50%) of the value of the building or structure, therefore demolition is required. The Owner agrees that demolition is the only appropriate abatement for the subject property. 13. There remain nuisances at the subject property that require abatement. 14. The Hearing Examiner takes judicial notice of the Code of the City of Jefferson and incorporates the same by reference. CONCLUSIONS OF LAW A public nuisance is defined by Chapter 8, Article VI, Sections 8-81.1) of the Code as "Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City," and Sections 8-81.J as "Those which have parts thereof which are so attached or deteriorated that they may fall upon public ways or upon the property of others or may injure members of the public or the occupants thereof." The Code requires the Hearing Examiner to determine the following: (a) whether the structure is a public nuisance under the terms of the Dangerous Building Code; (b) whether the procedures required by Chapter 8 have been substantially followed; and (c) whether the abatement orders were reasonable and within the standards of Chapter 8. 1.. The structure is a public nuisance. 2 A structure can be a public nuisance under the Code if the structure violates the Dangerous Building Code. The City and the Defendant Owner stipulate that the evidence demonstrates that the conditions of the subject property violated the Dangerous Building Code and are therefore public nuisances. The specific sections of the Dangerous Building Code are those identified in Article VI, Section 8-81.1) and J. 2. The procedures of Chapter 8 were substantially followed. If the Inspector determines a public nuisance exists, the Code requires him to provide a notice of public nuisance that meets three requirements. First, the notice must be served to the owner, occupant, and all other persons having a potential interest in the property as shown by the records of the Recorder of Deeds for the appropriate county of the property. Second, the notice must set forth a description of the conditions that constitute a public nuisance. Third, the notice must provide for the abatement of the nuisance and give a reasonable time to commence and complete the work. The subject property is located in Cole County, Missouri. The Inspector consulted the records of the Recorder of Deeds and Assessor in Cole County, Missouri, where the property is situated. The records of the Recorder of Deeds and Assessor showed that the Defendant is the owner of the subjectproperty. The letter to the Owner contained information advising it of the nuisances which were found at the subject property and the actions necessary to abate the nuisances. The Inspector required that the abatement actions be commenced immediately and proceed without delay until completed. As the nuisances could have been abated within the time provided by the Inspector, the abatement orders were reasonable. In summary, the Inspector served written notice: 1) to the owners, occupants, and all other persons having an interest in the property; 2) containing sufficient description of the conditions found that caused a public nuisance; 3) giving a reasonable time to commence the abatement; and 4) requiring that the work proceed without delay. As a matter of law, it is stipulated that the Inspector substantially followed the procedures of the Code. 3. The abatement order of the inspector was reasonable and within the standards of Chapter 8. The abatement orders issued by the Inspector are stipulated to be reasonable and within the standards of Chapter 8. 4. Conclusion 3 Public nuisances do exist at the subject property. The procedures required by the Code have been substantially followed. The abatement orders issued by the Inspector were reasonable and within the standards of the Code. DECISION WHEREFORE, upon the basis of competent and substantial evidence stipulated to it is the decision of the Hearing Examiner that the violations identified by the Inspector are public nuisances, the structure on the subject property constitutes a dangerous building, and that the proper abatement for these nuisances based upon the evidence is demolition. The parties further stipulate that if the abatements are not performed within sixty (60) days of the date that the City's Hearing Officer issues a decision under Chapter 8, Art VI of the Jefferson City Code regarding the property located at 202 East High Street and owned by Carol Wieberg, the City shall arrange for abatement in accordance with the Code. Costs for said abatement shall be assessed against the subject property in accordance with the provisions of the Code, which may include a lien on the subject property or a lawsuit against the Owner. If the City is required to abate the nuisances then the City shall do so as described herein. x Hearing Examiner Date: -� � S � This Order, stipulated and agreed to by the following: At, L. �-- For Neidert P operties, LLC Attorney for City 4 1 wl 1IrG .may-a.+�-L Mrs?"', :V.• to r: � a ..p1 R �i f �� '-r . A iI e�7!. r I r ! Parking Only �. Exhibit List 202 E. High Street 1. Exhibit 1- Records indicating ownership 2. Exhibit 2 - Original site photos 3. Exhibit 3 - Listed violations 4. Exhibit 4 - Notice to abate from City 5. Exhibit 5 - Notice of Hearing 6. Exhibit 6 - Current Site Photos 7. Exhibit 7 - Cost Analysis 2/13/2019 0 Parcel ID Owner Name Mailing Address City State Zip Property Address Property Description Subdivision Book -Page -Date I Book -Page -Date 2 Book -Page -Date 3 Sec-Twn-Rng Sq Ft -Above Grade MidMoGIS 202 E. High Street 1103070004005015 WIEBERG, CAROL JEAN PO BOX 62. ARGYLE, MO 65001-0062 202 E HIGH ST A E 23' OF W 52' OF N 75' INLOT 476 CITY OF JEFFERSON INLOT 645-907 8/4/2014 605-820 7/1/2011 540-488 9/26/2006 7/44/11 0 Basement Type Fin. Bsmnt Sz-Sq Ft Year Built Date Certified Prop Value -Land -Comm Prop Value -Land -Ag Prop Value -Land -Res Prop Value-Imprv-Comm Prop Value-Imprv-Ag Prop Value-Imprv-Res Appraised Value Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verif cation. x Ipl Records indicating Ownership 0 1/1/2018 $20,900 $0 $0 $115,600 $0 $168,500 $305,000 Map Scale 1 inch = 25 feet 2/13/2019 http://www.midmogis.org[colehtml/ ill EX111bit Records Indicating Ownership File No. 89510 —rms IS NOT AN INSURANCE POIACY, NO RISk Lw INSURED OR GUARANTEED BY TIIIS CERTIFICATE." RECORD INF014MATION REPORT TO: C H -Y OF JI,FFE:RSON ATI -N: RYAN rvl()I,:I I I ,MAN CARO1...fEAN WIVBl`RCi, A SINGLE PERSON are Iic mmw(s) ol'tlic grantees) in the last decd of record, ill Cole County Recorder of Dc cd Books, which describes the fallowing: PART OF INI.OT NO. 476, IN TI IF CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY 1)1 --'SCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINT: OF 1NLOT NO. 476, 29 FLET EASTERLY FROM THE NORTHWESTERLY CORNER '11-11'REOF; THENCE: Parcel Details for 1.103070004005015 x i i Records Indicating Ownership Property Information $4,623.65 Penalty Billed Parcel Number Mailing Name & Address Owner Name & Address 11-03.07-0004-005-015 S4,623.65 WIEBERG. CAROL JEAN. $4.623.65 WIEBERG, CAROL JEAN. PO BOX PO BOX 62 ARGYLE. MO. Tax Year 62 ARGYLE, M0, 650010062 650010062 2017: Property Class Tax Code Tax Status Residential JCJEF Taxable Not Taxable Value Tax Rate Total Tax [lay Taxes 75,700 6.353200 $4,623.65 Site Address 202 E HIGH ST A FROSTED, Legal Description CITY OF JEFFERSON INLOT E 23' OF W 52' OF N 75' INLOT 476 Tax Billed $4,623.65 Penalty Billed $0.00 Cost Billed $0.00 Total Billed S4,623.65 Amount Paid $4.623.65 Total Unpaid $0.00 Date Paid 12/26/2017 Tax Due Amounts Parcel has no balance due. Page 1 of 3 http://coleino.devnetwedge.com/parcel/view/1103070004005015/2017 10/12/2018 Parcel Details fol• 1103070004005015 Records Indicating Ownership Tax Year Total Duo Total Paid Amount unpaid 2017 $4,623.65 $4,623.65 $0.00 2016 $3,975.97: $3,975.97 $0.00 2015 $3,497.17 $3,497.17 $0,00 2014 $3,702.94 $3,702.94 $0.00 2013 $4,35B.32 $4,358.32 $0.00 2012 $3.696.86 $3,696.86 $0.00 2011 $3,700.03 $3,700.03 $0.00 2010 $2,770.66 $2,77D.06. $0.00 2009 $2,814.31 $2,814.31 $0.00 2008 $2,920.73 $2,92D.73 $0.00 2007 $2,831.92 $2,831.92 $0,00 2006 $1,852.02 $1,652.02 $0.00 2005 $2,169.76 $2,169.76 $000 2004 $1,365.91 $1,365.91 $0.00 2003 $2,784.36: $2,784.36 $0.00 2002 $1,721.94 $1,721.94 $0.00 2001 $1.793.04 $1,793.04 $0.00 2000 $1,789.54 $1,789.54 $0.00 1990 $1,136.04 $1,136.04 $0.00 1998 $1,133.86 $1,133.86 $0.00 1997 $1,142.59 ` $1,142.59 $0.00 1996 $1,529.43 -. $1,529.43 $0.00 1995 $1518.49 $1,510.49 $0.00 1994 $1,616.97 $1,616.97 $0.00 1993 $1,616.97 $1,616.97 $0.00 1992 $1,625.16 $1.625.18 $0.00 1991 $1,504.80 $1.504.80: $0.00 1990 $1,387.15 ; $1,387.15 $0.00 Coilapse Assessments Assessment Appraised Assessed Appraised Assessed Appraised Assessed Period Land Land Building Building Total Total Final Value 20,900: 0 284,100 ; 75,700 305,000 75,700 Form Ila 20,900 0 284,100 75,700 305,000 75,700 Form 11 20,90D 0 284,100 75,700 305,000 75,700 PnorYear 20,900 0 284,100. 75,700 305,000 75,700 Page 2of3 littp://colemo.devnetwedge.com/parcel/view/l 103070004005015/2017 10/12/2018 Parcel Details for 1103070004005015 Parcel Owner Information Records Indicating Ownership Name Tax (111 Address WEBERG, CAROL JEAN 11PO BOX 62 ARGYL.E, W, 650010062 Taxing Bodies District Tax Rafe Extenlolt COLE COUNTY GR 0,08210D $82.15 CC SPECIAL SVCS 0.090G00 $88.58 JC SCHOOL DIST 4.542800 $3.438,90 JEFFERSON CITY 0.480000 $348.22 LIBRARY 0.200000 $161.40 JEFF CITY FIRE PENSION FUND 0 0U6100 $72.75 ROAD 8 aR{DGE 0271000 $205.00 STATE OF ,MO 0.030000 $22.71 SURTAX 0a8000D $25:1.34 N OTAL 8.353200 $4,623.65 O COLE COUNTY DR 0 CC SPECIAL SVCS 0 JG SCHOOL DIET Je rf ERSON CITY • LCaRARY JEFF QTY FIRE PENSIONf'UNO SROMdORIME 0 STATE OF MR O SURTAX 02WE aE VNET, IAC O.I. uPdwu 204$ IVID %£ego Vemmr 5 0 W7.2GEW Page 3 of 3 http://colcnio,deviietwedge.coo/l)arcel/view/1103070004005015/2017 10/12/2018 x Records Indicating Ownership MICIMOGIS, MO Parcel ID 1103070004005015 Book -Page (late 605-820 7/1/2011 Owner Name WIESERG, CAROL DEAN Book -Page Date 5»0-488 91226/2006 Mailing Address PO BOX 62 See/Tivn/Rng 7/44/11 City State ZIP ARGYLE, MO 65001-0062 Square Feet (Above Grade) 0 Property Address 202 E High St A Basement Type Subdivision CITY OF )E=FER5OPJ I:dLOT Finished Bsmnt. Size (Sq. Ft,) Subdivision Image CITY OF IEFFERSON INLOT Year Built 0 Property Description E 23' OF W 52' OF N 75' NLOT 476 Appraised Value $305,000 Book -Page Date 645-907 8/4/2014 Desdairner Map a:ld ;Parcel data ara believed to 3 i: accurate, but accuracy is nt>t guaranteed This is nota Map Scale fagai dsrur.ent and should riot be substituted fora t tie searcfi,aparaisal, survey, or for z,,ning verification. 1 inch = 21 feet 10/12/2018 htikw.III id] ilo iti.ol-g/�ircgisnutl)tltI gigs C80006c.jl)g 10/12/2018 Records Indicating Ownership `hate of Mizouti Cole County Larry U. Radernan, Recorder of Dwds REWRf)ED Boole: 645 Fuge; 907 Receipt #: 250314 Total Fees: SZ1.UU Reception: 201407113 Mal Pages Recorded: 2 Deputy: .. Date Recorded: 8/4/2014 12:27:17 PM GENERAL WARRANTY DEED 'Phis Indcature, Made on the I day of _—A By and betwccn CORRIDOR 202, LLC, GRANTOR(S) of the and CAIIOLJ133AN W11i13ER& A MARRIERPERSON. G1 in the State of Missquri,)poity or partied of I#te �Ikcond Pact: of Cole_ State of Missouri, party or patties of tltc first Part, County of Cole Witncsselh, 'Pial said party or parties of the First Part in consideration of the sum of One. Dollar and Othcr Valuable Consideration paid by the said party or parties of the S(xlrrrd Part, the receipt of which is hereby acknowledged, docs by these presents. GRAN'i', BARGAIN AND SELL, CONVEY AND CONFMM unto the said party or parties of the Second Part, and to the heirs, successors or assigns of such party or parties, the following described lots, tracts or parcels of land lying being and situate in the County of Cole, State of Missouri. to wit: PART OF INLOT NO. 476, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS; R GINNING AT A POiNT ON THE NORTHERLY LINE OF INLOT NO. 476, 29 FEET EASTERLY FROM THE NORTHWESTERLY CORNER THEREOF; THENCE EASTERLY AIA)NG 'I-IIE SAID NORTHERLY LiNE, 22 FEET, MORE OR LESS, TO THE NOR1'HWGSTrRi,Y CORNER OF A TRAC" 1' CONVEYED TO ARNOLD J. SCHNIEDER, ETAL, BY DEED OF RECORD IN BOOK. 96, PAGE 395, COLL COUN'T'Y RECORDER'S OFFICE; 'THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF, 75 FEET TO THE NORTHERLY LINE OF A 10 -FOOT PRIVATE ALLEY; T1.IFNCB WESTERLY ALONG THE NORTHERLY LINL OF SAiD ALLEY, 22 FLM', MORE OR LESS, 1.0 THE SOUTHWESTERLY CORNER OF A I -FOOT STRIP OF LAND CONVEYED 1'0 EXCHANGE REALTY COMPANY, 13Y CONVEYANCE OF RECORD iN BOOT{ 21, PACE 319, COLE COUNTY RECORDER'S OFFICE; THENCE NORTHERLY ALONG THE WESTERLY LINT: OF SAID TRACT, AND PARALLEL WITH MADISON STREET, 75 FEET TO THE POINT OF BEGINNING, SUBJECT 1.O EASEMENTS AND RFS11;UCTIONS OF RECORD THE UNDERSIGNED STATE TIE IS THE SOLE MEMBER OF CORRIDOR 202, LLC AND ITIAT THE OPERATING AGREEMENT IS STILL IN FULL FORCE AND EFFECT AND HAS NOT 131313N CHANGED, RF..VOKFD Olt AMENDED SINCE AUGUST 20, 2012. TO HAVE AND TO HOLD the premises aforesaid. with all and singular the rights, pt'1VIlQ1CS. apptttYCJIa IIMS and inInItrllil K!A thereto belonging or in anywise appertaining, unto the said party or patties of the Second Part and unto the heirs. sucecssom or axsicros of such patty or parties FOREVER, the said party or parties of dtc first part hereby covenanting that said party or patties are lawfully seizM of an indefeasible estate in fee in the premises herein conveyed: that said party or parties have good right to convey the same: that the said premises are iter and clear of any incumbrances done or sulTered by said party or parties of the first part ur Utosc under whoa said party or parties of the first part claim and that said party or parties of due first part will WARRANT' AND DEFEND the title to said premises unto the said party or parties of the Second Part, amt unto the hc.-irs, successors or assigns, of the party or panics of the second part FOREVER. age inst the lawful claims m•derands oftdl persons whoalsocvcr. IN 1Vi 'MISS WHEIZED', the said party or parties of the first Part hereunto sl their hnnd or hands ilrr, day and ytarr lust above written. 80220 Creep Records Indicating Ownership CORRIDOR 202, LLC NAUGAT, SOLL MEMBER STATE OF MISSOURI ss. COUNTY OF COLE ` On this I day ofAwvms-�l Morome personally appeared 3LFF'REY NAUGHT, WHO IS TfM SOL, MEMBER CR CORRIDOR 202, LLC to me known to be the person or persons described In and who executed the foregoing instrument on behal of said limited liability company, and acknowledged that said person or persons executed the same as said person's or p,,=ne fi= act and deed for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and Slate aforesaid, the day and year first above written. 14 v7s) (Notary (Seal) My commission expires j Notary Public NoPaarryy Public - Note ry Seal ST TE OF MISSyOURI Co ComMl is P 11Y57d29 rtay Conlmisclan Ires: 90/20/201$ 80220 Records Indicating Ownership Stele of f liw)�rui Cole County Easy D. Radcruan, Recorder of Deeds RLC ORDED Book: 545 ?age: 908 Re mpt r=: 780314=I, K: $39.00 Reception: "201407114 Pages Recorded: 6 Deputy: __ . .. ......... Date Recorded: 8/4/2014 12:27:18 PM ►_� 1 MiSSOU121 ii?>E+:ED OF TRUST (TMS INSTRUMENT SECURES, AMONG OTHER 'THINGS, irIJTIJRB ADVANCE'S AND OFILIGA-TIONS AND iS TO BE GOVERNED BY THE PROVISIONS OF SECTION 443.055 OF THE MISSOURI REVISED STATUTES. THE TOTAL PRINCIPAL AMOUNTOh OBLIGATIONS THAT MAY BE SECURED IIEKEUNDER IS 5275,000.00.) THIS DEF D OF TRUST, Security Agreement, Financing Statement and Assignment or Renee and lessor's Interest in Luitses (this "Deed of Trust") is made and entered into this Ist day of August, 2014 by and between Ruben W. Wicberg and Carol )can Wieherg, husband and wife, 712 Jefferson Street, Jefferson City, MO 65101, hereinafter referred to as Grantor or Borrower, and John A. Klebba of the County of Osage. State of Missouri, hereinafter referred to as Trustee, and legends Banlc, a Missouri state bank, P.O. Box 888, Linn, Missouri 65051, hereinafter milerred to as Grantee or Lender. wrINHSSET H: That Borrower, inconsideration of the debt and trust hercinufier mentioned and created, and the sum of One Dollar to Borrower paid by 'Trustee, [tic receipt of which is hereby acknowledged, does by these presents grant, transfer, assign, bargain and sell, convey and confirm, into Trustee all of, and grant a security interest unto Trustee in all of, the following described real estate, chattels, property, rights, privileges and franchises, whether now owned or hereafter acquired and whether now or hereafter existing, the real estate being situated in the County of Cole in the State of Missouri (the "Applicable County"), and described on Exhibit A, beginning on page 6, attached hereto and incorporated by reference herein, and possession of said premises now delivered unto Trustee. together with all textures now or hereafter locate( thereon, and all heating, lighting, air-conditioning and plumbing Nuipniew and fixtures, and all billboards and other signage, and all watering and irrigation apparatus and equipment including all wells, irrigation pumps, shafts, casings, portable pipe, urolors, gearlicads, stain and lateral distribution lines, self-propelled sprinkler systems, and till screens, awnings, %term windows and doors, and window shades or blinds, mechanical refrigeration units and mirrors, and other iniieles of'property used in or in connection with said property, whether the same are now located un said premises or hereafter placed thereon, together with all rights, privileges, casements, appurtenances, royalties, mineral, oil and gas rights and profits, water, %water rights, and irrigation and drainage rights of every kinii and description, however evidenced or manifested, water stock, limber and unharvested crops thereunlo attaahtng or belonging (whether now existing or hereafter arising); all reversions and remainders; all ripJtt, title and interest of Dorrower as lessor under any lease covering [tie Mortgaged Premises (as hereinafter defined) or any part thereof; and the rents, issues and profits thereof; and all buildings and improvements now erected, or hereafter to be erected, upon said premises; and all condemnation or eminent domain awards, compensations, settlements or other payments payable as respects said premises, as well as all rights to the receipt thereof (all of the aforesaid herein sometimes referred to as the "Mortgaged Premises"). TO RAVE AND TO (BOLD nit SAME, with appurtenances to the Trustee, and to his successors hereinafter designated, and to lite assigns of him and his successors, forever. IN 'TRU S 1', HOWEVER, for the following purposes: WIILREAS, Borrower does hereby coventmt and agree as follows: 1. 'this Dexal of Trust is given to secure the payment and performance of the following indebtedness and obligations (hcreinafler referred to as the "Secured Obligations"), and in such order of priority as Lender may elect: (A) Payment of an indebtedness in the principal sum of Two hundred seventy-five thousand and no/100 Dollars ($275,0110.00), with interest thereon, according to the terms of a certain Promissory Note dated August 1, 2014, and having a maturity date of August 1, 2015. made by Borrower to the order of Fender, and any and all extensions, modifications, substitutions or renewals thereof (herein called the "Note"), and lite performance and discharge of each and every obligation of Borrower set faeh in the Note; (Il) Payment to Lender of all other sums, with interest lhcretin, becoming due or payable tinder the provisions hereof, and tinder lite provisions of any and all other instruments, agreements and documents evidencing, securing or othenvise relating to any of the obligations secured by this Deed of Trust (such other instruments, agreements and doconicnts together with the Note and this Deed of Thud arc sometimes hereinafter collectively referred to as the "Loan Documents"); (C) Dna, prompt and complete observance and performance of each and every obligation, covenant and agreement of Borrower contained herein or in any of the other Loan Documents; (D) The payment of such additiotmd sums with interest thereon as may be Iterealler borrowed from Lender, its successors or amigos, by the then record owner or owners of lite Mortgaged Premises (or by any one or more of lhetn, if more than one, without the joinder or consent of at- of the other owners) .when evidenced by another Wool issory note or notes, which by the terns thereof is or are secured by this recd or,frusi; and 611d1i, �/� c�U1-1�L� Is Records Indicating Ownership (I) ']lie payment and llcrtiormunce of any and all other indebtedness, obligations and liabilities of any kind, of Borrower to Lender, now or hereafter existing, absolute or contingent, joint and/or several, due or not due, secured or unsecured, or direct or indirect, including iiulr:hicdnc:ss, obligations and liabilities to Lender of Borrower as a member of any partnership, syndicate, association or ofl)er group and whether incurred by Borrower as principal, surety, endorser, guarantor, aecommodnlion party or otherwise and any obligations which give rise Io an equitable remedy for hrcach of performance if such breach gives rise to an obligation by Borrower to pay Lender, provided that any such indchtedness, obligation or liability contains a written provision that it is to be so secured by this Deed of'fnist. 2.'Iltis Deed ofTrusl secures all future advances and obligations constituting Secured Obligations. 'fhe total amount of ubligafiohs and advances secured hereby may decrease or increase from time to time, but at no time still)] the total principal amount o€ obligations and advances secured hereby, not including suras expended at, incurred for the reasonable protection of the security interest hereby created in the Mortgaged Prernises or for other purposes specified in Section 143.055(3) of the Missouri Revised Statutes, exceed the sum of $275,000.00. 3. 'To pay ami taxes and assessments of every kind or oaturc upon the Mortgaged Premises, when the carne are by law due and payable. Lender may demand that a sun equal to 1/12 of lite total estimated amount of the current ycar;s taxes and assessments upon the Mortgage Premises be paid monthly in advance to said )Ender, uplift the regular monthly payment dates. If the fund so created with said Leader is insufficient to pay said taxes and assessments when due, the Borrower agrees to pay the difference upon demand. If the fund so crusted exceeds the amount of said taxes and assessments, the excess shall be credited to Borrower, and applied on interest or principal, or held for future taxes, as said Borower may elect. The waiving of such monthly payments for taxes and assessments at any time shall not bar said Lender from later requiring such payments from Borrower. No interest shrill be paid by Lender on any prepaid tax funds held by it on behalf of Borrower. 4. To immediately procure, maintain, pay all premiums on, and keep in the possession of Lender without lapse, policies of insurance covering the Mortgaged Premises and written by companies acceptable to Lender. Said policies shall be against fire and (lie other risks- covered iskscovered by the bmadest available form of extended coverage insurance, in an amount equal to the full insurable value of the improvements noir or hereafter erected on the Mortgaged Premises, and shall be maintained until the debt secured hereby is paid in full. Said policies shall have standard mortgage clauses attached thereto snaking loss, if any, payable to the Lender, as its interest may appear and shall provide that said policies shall not be cancelled without 10 days' prior written notice of such cancellation to Lender. in the event of loss, Borrower shall give immediate notice to Lender and Lender is hereby authorized to make proofs of loss if (tie same are not made promptly by Borrower. Said insurance companies are hereby authorized to make payments for such loss directly to Lender, and the proccctils of such insurance, or any part thereof, may be applied by Lender, at its option, either to the reduction of the indebtedness hereunder, or to die restoration or repair of the damaged property. In the event of foreclosure of this Mortgage, or in the event of transtcr of title to the above described property in extinguishment of the debts hereby secured, all right, title and interest of Bornwer in and to the insurance policies then in force shall pass to the purchaser or gant.ce, as the case may be. Lender may demand that a Sunt equal to I/12 of the estimatul insurance premiums be paid monthly in advance to Lender upon lite regular monthly payment dates. If the fund so created with Under is insufficient to pay said premiums when due, the Borrower agrees to pay the difference upon demand. If the fund so created exceeds the. amount of said premiums, the excess shall be credited to Borrower and applied on interest or principal or held for fulkire premiums, as Borrower may elect. 'The waiving of such monthly payments for insurance premiums at any time shall not bar Lender from later requiring such paymeats from Borrower. No interest shall be paid by Lender on any prepaid insurance funds held by it on behalf of Borrower. Borrower farther agrees to maintain such general public liability, property damage and other insurance (in such form, for such amounts and with such companies) as Lender shal l from time. to time require. I 5. To pay when due any and all mentgage guarantee or insurance premiums; Lender may pay said premiums itself or acquire its own insurance on such property, (including without limitation, so called "fomed placed" insurance) at Lender's option, and in tiny such event Borrower shall, on demand, reimburse Lender for all payments so made by Lender, or Lender may add such amounts to the loan balance, at lenders option. G. 'To keep and maintain the buildings and other improvements now on the Mortgaged Premises, or hereafter erected thereon, in good condition and repair at all times, and not suffer waste or permit a nuisance thereon or perform any work thereon which will materially lessen the value of the Mortgaged Premises. Borrower agrees not to cut or remove, or permit to lie cut or removed any timber standing on the Mortgaged Premises having commercial value. With respect to any portion of the Mortgaged Premises which is agricultural property, Borrower further agrees to farm, cultivate, care for, and irrigate the same in u proper and farmlike manner, and to keep in good repair all fencing, canals and wells, and not to permit Ilio Mortgaged Premises to depreciate in value because of erosion, insufficient water supply or improper or inadequate irrigation or cultivation. Borrower agrees that Lender or its Agent may make reasonable entries upon and inspections of the Mortgaged Premises, giving advance notice when possible. 7. To keep said land and improvements thereon free from all statutory or otlter lien claims of every kind, and to pay when due all claims and demands which, if unpaid, might result in a lien oil the Mortgaged Premises or any part thereof, and in general to do everything necessary so that the first lien of this Deed of Trust shall be fully preserved without cost to Lender. 8. l'o comply with all building, zoning and other laws, ordinances or regulations and to comply with the terms of any easements, resuictions, home or owners' association or other agreements, laws, regulations or other restrictions to which the title to the Morigagcd Premises is or maybe subject. 9. To purchase and maintain such flood insurance, and in such amounts, as may from lime to time he required by law or by Leader, mid failure to do so shall constitute a default hereunder. 10. That irBormycr sells, assigns, contracts to sell, )cases or otherwise conveys the Mortgaged Premises or any part lhercoror interest therein, or i f title to file Mortgaged Premises becomes vested in any other person or persons, then Lender may, at its option, declare all sums (principal and interest) evidenced by the Note hereby secured or due herconder and lite other Secured Obligations as immediately clue and payable. 11. if Borrower fails to perfar i uny Of die Covenants mid al reclmCnLS Contaim-NI in this Deed of'Frust, rust, or if any action lir proceeding is commenced which materially affects. lender's interest in the Mortgaged Premises, including, but not limited to, eimncnt domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lenders option may make such appearances, disbulsc such sums and take such action as is necessary to protect Lender':, interest, including, Out not limited to, lliShurSerlien(S of attorneys' fees and entry upon the Mortgaged Premises to make repairs. Anyamounts disbursed by L.ender pursuant to this t �F Records Indicating Ownership paragraph, with interest thereon, shalt become additional indebredness of Borrower secured by this Deed vC Tnisl. Unless Borrower and Lender agree to other terns of payment, such amounts shall be payable upon notice from I...cnder to l,ormwer requesting payment drercof, and shall bear interest from the dale of disbursement at the rate payable "Tom little to lime of outstanding principal under the [Jose unless payment of interest at sueli rare would lie contrary to applicable law, in w1iich event such antounis shall hear interest at the highest rate permissible under applicable law. Nothing contained in this parapraph shull require Lcnder to incur any uspuitsu yr take any action hereunder. 12. That this Deed of Trust shall secure all sums, including, bol not limited to. late charges, required to he paid by doe Note or the other Secured Obligations or required to be paid hereunder. 13. To pay all and singular the costs, charges and expenses, including anonteys' fees and expenses, abstract and/or title insurance costs and expanses, publication fees and conn costs and litigation expenses incurred or paid at any time by the Lender because of the failure of Borrower to perform the teens hereof or the exercise by Leader of any of its rights hereunder. 14. To pay all recording costs, mortgage registration Ices or expenses or other similar crises incurred in connection with the execution or recording of this instnnnent. 15. To pay and comply with the terms of the Note, die other Secured Obligations and each and every tern or provision of this Decal of Truss. 16. That in the event that (1) an order for relief shall tic entered with respect to Borrower under the United States Bankruptcy Code, or (2) Borrower proposes or enters into art arrangement with any of its creditors or makes an assigninent for the benefit of creditors, or (3) a receiver is appointed for Borrower or for the Morigoged Premises or any part thereof and not removed in thirty (30) drys, or (4) Borrower files a petition or institutes procceding.Y in bankruptcy at is adjudicated as bankrupt under any slate law for the relief of debtors or under file bankruptcy laws of the United States, then, or at any other time ilicrealler, the whole of the Note mid the other Secured Obligations and tmy other agreement given pursuant hereto shall become due and payable at once at the option of Lender and Lender shall he entitled to declare this Deed of Trust to be in default and to have all remedies provided hereunder. 17. "that in the event of default in the perf'unnancc of any of the terns, conditions or provisions of the Note or this Deed of 'Rusk, Lender shall be entitled to the inunediat , possession of the Mortgaged Premises, together with all rents, issues and profits to be derived therefrom until the indebtedness secured is Ildly paid. In addition to such remedy, after the happening of any default and during (he continuance thereof, or upon the eommcricemenl of any proceedings to foreclose this Deed of 'frust, or W exercise tete power of sale hereunder, or to enforce the specific performance hereof, or in aid thereof, or upon the commencement of any other judicial proceeding to enforce any right of Lender hereunder, Lender shall he entitled, its a matter of strict right, if Lerida shall so elect, without Ilse giving of notice to any patty and without regard to the adequacy or inadequacy of any security for the indebtedness represented by the Note or the other Secured Obligations and any advances made by Lender hereunder or the solvency or insolvency of Borrower, either before or after declaring the unpaid principal of the Note or the other Secured Obligal ions to be due and payable, to the appointment of a receiver for die Mortgaged Premises. 18. That the covenants, conditions and tenits herein contained shall bind and the benefits and advantages shalt inure to the heirs. Legal representatives, successors and assigns of Under ural the permitted heirs, legal representatives, successors and assigns of Borrower. Whenever employed herein and where the context requires, the singular term and the related pronoun shalt include the plural, and the masculine gender shall include the feminine and neuter, and vice: versa. 19. That if all or any part of the Mortgaged Premises be taken or damaged by the exercise of the power of eminent domain, Borrower may contest the sante in good faith so long as Borrower is not in tleftult in any payments of the Note or the other Secured Obligations sceured hereby, but the award for any property so taken is hereby assigned to Lender, its heirs, successors or assigns, and said lender, its heirs, suoccssors or assigns, upon such award becoming final, is hereby authorized, in the name of Borrower, to execute and deliver acquittances for, and release of, any such award and to collect and apply the proceeds to the payment of all indebtedness hereby secured including both principal and interest, whether maturol or unniarared (such application to be in such order and to such portion of the secured indebtedness as lender may elect), and the remainder, ifany, shall be paid to (hose legally entitled thereto. 20. Bon -ower covenants, agrees and warrants that Borrower has good and clear title to the Mortgaged Prerniscs, free mud clear of Gens and encumbrances, and (hal Borrower has good right and lawful authority to mortgage, convey and grant a security interest respecting the same in the manner and fbnn herein set fords. 21. Lender at its option shall be subrogated for further security to the lien of any prior encumbrance:, mechanic's or vendor's lien on the Mortgaged Premises paid out ofthe proceeds of the loan hereby secured, even though the same be released of record. 22. This Deed of Trust, in addition to being a first lien on real estate, is also a security agreement by and between Borrower, as debtor, and Lender, as secured party, upon all fixtures, apparatus, machinery, equipment, appliances, goods and chattels and personal property (all for Convenience in this paragraph called the "collateral") described in the granting clause of this Deed of Trust and/or on tiny schedule or exhibit attached herelo (including, without limitation, all items which were at any lime while this Deed of Trust is outstanding deemed to he fixtures but which were subsequently converted to personal property), and is a prior security interest and a first lien on all such collateral until the indebtedness secured hereby is paid in full. Borrower hereby grants to Lander a security interest in all such collateral as security for the payment and perfunnance of all obligations of Borrower under the Note, the other Secured Obligations and this Deed of Trust. in the event of default in the Note or the other Secured Obligations secured hereby or in this Deed of Trust. Lender shall have all the rights and remedies of a secured puny under (Inc Uniform Commercial Code and any other applicable laws. 23. Borrower hereby assigns to Lender all leases, written or ons, now in existence or hereafter arising for the use or occupancy of all or any portion of the Mortgaged Premises, and all of due rents, issues and profits of Clic Mortgaged Premises, and every pari thereof, as further security for the payment of the indebtedness hereby sectored, and Borrower grants to Lender the right to enter upon and to take possession of lie Mortgaged Premises and every part thereof for doe purpuse of collecting die same and to lel the Mortgaged Premises or any pall thereof, and to apply lie rents, issues and profits, alter payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect unlit this Deed ofTrust is paid. Notwithstanding the foregoing, Borrower shall have the right under a license granted hereby from Lender to collect and receive said rents, issues and profits until default trader any of the covenants, conditions or agreements contained in this Decd of'rrust. the Note, or the other Secured Obligations and Borrower agrees to use such rents, issues and profits in payment of principal and interest becoming due on the Note or this Decal of Trust or the other Secured Otiligations ander X I 1 Records Indicating Ownership in payment of lanes, assessments, sewer rents, %voter rules and emrying churges becoming: due against tic tvlongagcd premises, bin such right of Borrower shall be xvokcd automatically upon any default. 13orrewcr will not, without Utc written consent of Lender, receive or collect rent from tiny Lenart of' (lie +Mortgaged ]'remises or any part thereof for n period of more than one month in advance, and in the event of any default under this Deed of Tnrst, tlx: Note or the other Secured Obliparions, will Tray monthly in advance to Lender, or tJ any receiver appointed tut collect said mats, issues and profits, the fair and reasonable reatal value for the use and occupation of said fvfonga,^ed Premises or of such part thereof as may he in the possession of LZorrower, and upon defaull in any such payment will vacate and surrender the Possession of said Mongarcd Premises Rr Lender or to such receiver, and in default thereof may be evicted by summary prmvedings. Upon demand 13orrocver shall execute and deliver to Lender such finlher assignments and other documents and insfr unertls as Lender may deem advisable to carry Out or evidence the assignment set forth in this paragraph. Borrower further agrees that all leases respecting the Mone.age.il Premises shall he in form and content satisfactory to Leader, and Borrower shall not enter into any such leases without Lenders prior written consent. 24. Unless the inimcdintely following st:nlence is completed with the date, date of recording„ and recorded hoof: and page numbers of any prior deed of trust, and excepting any Deeds of Trust wherein the Lender is (lie mortgagee. Dorrowcr represents and warrants that this is a first priority Decd of'rncst. Notwithstanding anythinl, else contained herein, this Deed of']'rtrst is subject to that certain deed of trust dated in favor of �._ _...__.._�._._� recorded _ in the RewrdeYs Office of County, Missouri, at Book , Page or L?ocument :f and as long as said deed of tnrst remains in effect, the following pntvisions shall be applicable: any default wish respect to any of t3onowers obligations under said deed of must, or %hitt% respect to any indebtedness or obligation secured thereby, shall constitute a default hereunder with Lite same effect as a default in the payment of the Note or the other Secured Obligations secured hereby; in the. event a default occurs in the payment or perfirnnance of arty obligations or agivements of Borm%ver tinder the above-described deed of trust, or with respect to any obligation secured thereby, Lander may, at its option (but shall have no obligation to) pay or perform all or any part of such obligations or agrarnenls and be subrogated to the lien of such deed of must to the extent of any payment made, and Harrower hereby waives notice of the exercise of such option; and any sums advanced or costs and expenses incurred by Lender (including, but not limitctt it), attorneys' fees) in curing any default under said deed of tnrsl or in carrying out any of Lender's other rights under this paragraph shall also become, together with interest thereon, additional imlebtceirucss of Borrower secured by this Deed of Trust and shall be payable upon demand by lender. 25. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any i'la%itrdollS Substances on or in the Mortgaged Promises. Borrower shall not do, tu>r allow, anyone else to do, anything affecting the Mortgaged Premises that is in violation of any Environmental Lay. 'rhe preceding two sentences shall not apply to the presence, use, or storage on the Mortgaged Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential users and to maintem%nce of the Mortgaged Premises. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Mortgaged Premises and Hazardous Substance or Environmental Law o(which Borrower has actual knowledge. If Borrower lcanus, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting cite Mortgaged Premises is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 25, "Hazardous Substances" ure those substances defined as toxic or hazardous substances by Envirom»ental Law as well as the following substances: gasoline, kerosene, other f3atmttable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, sad radioactive materials. As used in this paragraph 25, "l_ntironmental Law" means federal laws and laws of the Slate of Missouri that relate to health, safety, or environmental protection. NOW, if Borrower shall well and truly pay and perform the Secured Obligations and shall perform, comply with and abide by each and every of the agreements, conditions and covenants contained and set forth in this Deed of 'frust and in the Note and other Loan Documents, then these presents, including the lease hereinafter set forth, shall be void, and the property hereinbefore conveyed shall be released at the cost of said Borrower: bill if default be made in the payment of said Note or any pan thereofor any of Ute interest thereon when due, or in any of the other Secured Obligations or in the faithful performance of any of said agreements set forth in the Note or this Deed of Trust, or the other Loan Documents, chert the whole of said Note and lite other Secured Obligations shall, at the option of the Lender, become due and payable at once, without notice, and this instrument shall remain in force, and the said Trustee, or any successor its hereinafter provided for, shall, at the request of the holder of said indebtedness or any part lltereot; proceed to sell the Mortgaged Premises, and any and (,ery part thereof, at public venue, to the highest bidder at the customary place for such sales in the county sett of the Applicable County, aforesaid, for cash, first giving notice as ruptured by law, of the time, terms and place of sale, and of lite property to be sold, by advertisement in some newspaper printed and published in the Applicable County, and upon such sale shall execute and deliver a deed of conveyanc: of the property sold to (lie purchaser or purchasers thereof, and any statement or recital of fact in such deed shall be prima facie evidence of the truth of stnch statement or recital; and said Trustee, or any succc sor as hereinafter provided for, shall receive the proceeds of such sale, out of which he Nhall pay: first, (lie cost and expense of executing this trust, including publication fees, mailing charges, title charges, attorneys' fees of the Lender and/or lite Trustee and lawful compensation to rhe Trustec for his services; next, he shall repay any money paid by L.crtder in accordance with the terms of this Deed of Trust, with interest thereon, as above provided, next, (lie tunount unpaid on said Note, together with interest accrued thereon, and all overdue payments and churges provided for in said Note or this Died of Trust, and next to all other unpaid stilus secured hereby in such order as Lender may elect; and the remainder, if any, shall be paid to such parties as may be entitled thereto. And (tic said Tr %lee covenants faithfully to pertirnn the Inrst herein emated. The legal holder of this Deed of Trust and the Note herein described may, from time to lime, by an instrument in writing executed and recorded according to law, appoint some person who is a citizen and resident of lite Slatc of Missouri to Nerve as a substitute or successor tuusice in place of the Trustee hcruin named who shall thereupon Nucceed to all rights and powers of the trustee hereunder, And glue said Trustee hereby lets said premiscs to said Borrower until a sale be had under the foregoing provisions hereof, upon the Following tenns and conditions: the said f3orrower, and every and all persons ciniming or possessing such premises, and any part (hereof, by, through or under 13orro%ver, shall pay rent therefor during said term al the rate of one ceal per mond% payable nuualrly upon demand and shall and will surrender p eticcable possession of stuid preuriscs, and any amt every pan thereof, sold tinder the provisions hereof to said ..u1' ri -� Exhibit Records Indicating Ownership Trustee, his successors, axsignee4 or purchasers therm(' under such sale, within ten days oner making of such sale, without notice or demand therm^ I'or. The rights and remedies panted to Lender in this Deed ofTrust shall not be exclusive but shall be in addition to all other rights and remedies at law or in equity. Without limiting the generality ofthe foregoing, Lender shall at all limes have the right, at Lender's option. to enforce Lender's rights hereunder by legal or equitable court action. In the even( of tbreelosura Borrower shall he (idly liable for any deficiency. the failure of said Lender to assert any of its rights hereunder at any time shall not he construed as a waiver of its right to assert the same at any later time, antd to insist upon and enforce strict compliance with all the terms and provisions of said Note and of this Deed of "frust and the other Loan Documents. Notice of tltc exercise of any option granted herein to Lender shall not be required. Lender utuy resort for the payment and performance of the ohligations secured by this Deed of'I'mst to any other security therefor held by Lender in such order and manner as i.ender may elect. Any notices given pursuant to this Deed of Trust shall be given by personal delivery or by mailing by first class mail. postage prepaid, (i) if to Lender, to 2W Ii. Main, 10.0. Box 888, Linn, MO) 6505 1, or (ii) if In Borrower, to the most recent address reflected in Lender's records. Notice shall he dectned given when pemnally delivered or when deposited in the mail as provided herein. To the extent permitted by law, borrower waives any and all rights of redemption. This Decd of Trust is not assumable without the written consent of Lendcr, which it tnay withhold in its sole discretion. ORAL. AGREEMENTS OR COMMITINIENTS TO LOAN MONEY, F YTF.NA CRiA)IT OR TO 1%ORIIEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DFBT ARE NOT ENFORCEABLE. TO PROTECT" YOU (BORROWERISI) AND (IS (CREDITOR) FROM ,11TSUNDERSTANDING OR DiSAPPOIN'1'MENl', ANS' ACRErMENPS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH 1S THE COMPLETE: AND VXCI.[ISIVE S'rAT'Et11LNT' OFTFIP ACREEi1fENT BETR'EEN US, EXCEPT AS VV. AY 1.ATh.R AGREE. IN WRITING TO MODIFY 11', 1' ES.' sigrrantrc(s) of Bor ower the day and year titst above %witten Rul n W. \Vieherg - Carol lean Wieberg� ACKNOWLEDGMENT - MAN & WIFE STATE OF Missouri )SS. COUNTY OF Osage On this lst day of August, 2014, before the Bryan Steinman, a Notary Public in and for said State, persttnally appeared Ruben W. Weiberg and Carol Jean Wicberg, his wile, to me known to he the persons described in and who executed the foregoing instrument, find uckrtowledged thnt they executed the stnne as their flee act and decd. IN WITNESS WHEREOF, 1 have hereunto set my hand and affin official seal at my office in Westphalia, Missouri, lite day and year last above written. Bryan Steinman f Notary Public in Ind for said State 7 - Commissioned in Maries County. My commission expires 7 / % +n+Hn'vnv Bryan Steinman - Notary Public_ Notary Seal, State of LV Missouri - Marles County Commission #13535603 My Commission Expires 9/26/2017 Records Indicating Ownership EXHIBITA The following dcscritxd real estate, located in Cole County, Missouri at 202 Last High Street, Jeffemn City: PART OF INLOT NO. 476, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF INLOT NO. 476, 29 PELT EASTERLY FROM THE NOR'1T-IWI STERLY CORNER THEREOF; THENCE EAST12- U Y ALONG THE SAID NORTIIERLY I TIdIi, 22 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF A TRACT CONVEYED TO ARNOLD J. SCI14I11-DER, LTAL, BY DEED OF RECORD IN BOOK 96, PAGE 395, COLE COUNTY RFCORDER'S OFFICE; THENCE SOMIERLY ALONG THE WESTERLY LINE THEREOF, 75 FU -T TO THE NORTHERLY LINE OF A 10 -FOOT PRIVA I7E ALLEY, THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID ALLEY, 22 FEET, MORE OR LESS, TO THE SOLTI'HWESTERLY CORNER OF A I -FOOT STRIP OF LAND CONV.EYM TO EXCHANGE REALTY COMPANY, BY CONVEYANCE OF RECORD IN BOOK 21, PAGE 319, COLE COUNTY RECORDER'S OFFICE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID TRACT, AND PARALLEL WITH MADISON STREET, 75 FEET TO THE POINT OF BEGINNING. 13ank's Name: Legcads }lank Batik's NMLSR ID: 464415 Individual Loan Originator Name: Bryan W. Steinman Loan Originator's NMLSII iD: 466984 x i i Original Site Photos 71 Aw m —vtomAOL n - ,1 Original Site Photos Listed/Enumerated Violations Engineering Our Community October 23, 2018 ={ Preliminary Building Evaluation Observations Location: 200 and 202 East High Street Jefferson City, MO 65101 ALLSTATE CONSULTANTS A walk-through evaluation of the structures at the aforementioned Locations was completed on October 18, 2018, at about 8:00 am. This evaluation was intended to observe the condition of the shared masonry wall between the subject buildings as well as their overall condition. The purpose of this document is to provide a list of observations obtained during our site visit. Both structures were multi-wythe unreinforced masonry buildings on a pit basement (Image A). The structure at 200 East High Street was a three story building and was reportedly built circa 1880. The structure at 202 East High Street was a two-story structure and was built circa 1890. For reference, the front of the structures faced north (Image B). The following is a list of noteworthy items that were observed during our evaluation. 202 East High St. Basement 1. A sump and pump was located at the northwest corner of the space (Image 1). The sump was partially silted in. 2. The main level floor joists were attached to the east and west walls with hangers that were bearing on the masonry wall (Image 2). The joists had no visible lateral connection to the walls. 3. The base of the west wall had varying degrees of mortar and brick degradation (Image 3-A). The degradation was more severe near the center of the wall around a toilet and pluming pipes (Image 3-13). This area appeared to have been difficult to maintain. 4. The main level floor joists were bearing or pocketed into the west wall at about the rear 20' of the building (Image 4). 5. Slight inward bulging of the west masonry wall was observed along the base near the center between the toilet and stairwell (Image 5). Mortar and brick deposits were observed along the floor below this area. 6. A heavy -timber retrofit beam and column system was observed at the center that spanned the length of the space in the north -south direction (Image 6). 7. Severe mortar degradation was observed in the south stone masonry foundation wall near the southeast corner (Image 7). This condition was more severe near the base of the wall. Page 1 of 19 MllslateTiles1201V8230.01 - 200 B High St1200.242 High Street Building Observations. docx 3312 LeMone Industrial Blvd., Columbia, MO 65201 l P: 573-875-8799 1 F: 573-875-8850 1 allstateconsultents.net Listed/Enumerated Violations Main Level 8. A new column was observed at the north end of the center beam (Image 8). This column was reportedly installed during past renovations of the building. Second (Upper) Level 9. A minor roof leak (with a container below),was observed at the ceiling in the southeast bedroom (Image 9). Attic (top of stairwell) 10. A newer laminated veneer lumber (LVL) beam was observed along the center of the space below the roof spanning north -south (Image 10). 11. Joist hangers were observed along the top of the west wall near the north end (Image 11). Visibility in the space was limited. Roof 12. The west parapet at the roof line of building 200 had isolated areas of mortar loss (Image 12). The mortar loss was more severe near the southwest corner of the parapet. 13. A wood -framed deck was located at the south end of the roof (Image 13). Accessibility below the deck was limited. Exterior 14. Mortar loss was observed along the south wall below several of the windows (Image 14). 200 East High St. Basement 15. The east masonry wall in the southeast mechanical room had severe mortar loss (Image 15). 16. The east side of the floor joists were bearing or pocketed into the masonry wall (Image 16). 17. The east masonry wall in the northeast storage area had severe mortar loss (Image 17). Several bricks were severely degraded and some were missing. A slight amount of bulging was also observed along the base of the wall. Third (upper) Level 18. The roof assembly consisted of 18" deep steel joists at about 7' o.c. with a 1'/s" metal deck (Image 18). The joists were bearing on one brick wythe along the east wall. Newer bricks had been used around the joist pockets. The joists were not visibly laterally connected to the wall. These newer roof joists spanned from the east -to -west exterior walls. Roof 19. The masonry chimney at the southeast corner was degraded and had been sealed with spray foam in the past (Image 19). Page 2 of 19 11Allstate\Files12018118230.01 - 2c0 E High St1200-202 High Street Building Observations.docx Listed/Enumerated Violations Exterior 20. The coating along the north, south, and west walls was severely degraded at several locations (Image 20). This condition was more severe near the parapet, around the openings, and along the base of the walls. 21. A large portion of the west wall had collapsed near the southwest corner (Image 21). 22. The base of the west wall was bulging near the center (Image 22). Foam had been installed in the separations along this area. 23. The west wall appeared to consist of four brick wythes up to the third level and three wythes at and above the third level. 24. Several vertical cracks were observed along the south wall near the southeast corner (Image 24). Limited Invasive Exploration 25. The sheetrock at the furred in east wall at building 200 East High St. was removed near the center along the floor in the basement (Image 25-A). The masonry had been covered with a vapor barrier (plastic sheeting). Severe mortar and brick degradation was observed at this location (Image 25-B). 26. The sheetrock/plaster and lathe was removed from the ceiling and east wall in the hallway (near the center of the building) at the second level of building 200 East High St. (Image 26-A). The floor joists were bearing beyond the outer wythe and were square cut (not fire cut) at the ends (Image 26-13). 27. The sheetrock/plaster and lathe was removed from the ceiling and west wall in the southwest room at the main level of building 202 East High St. (Image 27-A). The floor joists were bearing beyond the outer wythe and were square cut at the ends (Image 27-13). This evaluation and document were not intended to be fully comprehensive. They are intended to provide a general review of the structural condition of the buildings and specifically the shared bearing wall at the time of our visit. Thus, it does not cover items that may be discovered by additional invasive methods. Unless noted, no removal of materials or dismantling of systems occurred during the site visit. It should be noted that the above report is based on visual observations and there is no claim, either stated or implied, that all conditions were observed. Allstate Consultants LLC reserves the right to amend this report if additional evidence or information is revealed. Page 3 of 19 Mllstate\Files12018\18230.01 - 200 E High St\200-202 High Street Building Observations.docx Listed/Enumerated Violations Image A: Front of the subject structures. YV, 44 .Ail-� Image B: Aerial view of the structures — Credit Google Earth (Imagery Date: 3117/2017). Page 4 of 19 11 AllstateTiiesT018\18230.01 - 200 E High StWO-202 High Street Building Observations.docx Image 1: Sump and pump. Listed/Enumerated Violations Image 2: Joist hangers. Page 5 of 19 IIAIIstate\Files12018118230.01 - 200 E High St1200-202 High Street Building Observations. docx Listed/Enumerated Violations Image 3-A: Brick and mortar degradation. Image 3-13: Mortar degradation. Page 6 of 19 11 llstatelFiles12018118230.01 - 200 E High St1200-202 High Street Building Obsenrations.docx Listed/Enumerated Violations Image 4: Joists bearing in the wall. Image 5: Wall bulging inward. Page 7 of 19 M1lstateTiles12018118230.01 - 200 E High St1200-202 High Street Building Observations.doex Listed/Enumerated Violations Image 6: Center bearing configuration Image T Area of mortar degradation. Page 8 of 19 IIAIIstate\Files42018118230.01 - 200 E High St1200-202 High Street Building Observations. docx listed/Enumerated Violations Image & Center beam and columns. Image 9: Location of moisture leak. Page 9 of 19 11Allstate\Files12018118230.01 - 200 E High St1200-202 High Street Building Observations.docx Listed/Enumerated Violations Image 10: Newer beam. Image 11: Joist hangers — image facing north. Page 10 of 19 \W[statekFiles12018118230.01 - 200 E High St1200-202 High Street Building Observations.docx Listed/Enumerated Violations Image 12: Mortar loss along parapet. Image 13: Wood deck over the roof. Page 11 of 19 \hAllstateTiles\2018118230.01 - 200 E High St1200-202 High Street Building Observations.docx Listed/Enu me rated Violations Image 14: Mortar loss below the windows. Image 15: Severe mortar loss. Page 12 of 19 kWlstate4Files12018t18230.01 - 200 E High St1200-202 High Street Building Observations. dorx Image 16: Joist bearing in the masonry. t+ Image 17: Degraded masonry. Page 13 of 19 N\AltstatelFiles\2018118230.01 - 200 E High St1200-202 High Street Building Observations.docx Image 18: Roof framing configuration. Image 19: Degraded chimney. Page 14 of 19 MllstateTilesk20M18230.01 - 200 E High S0200-202 High Street Building Observations.docx Image 20: Degraded coating. Image 21: Collapsed wall. -r Listed/Enumerated Violations Page 15 of 19 MllstateTiles12016118230.01 - 200 E High St1200-202 High Street Building Observations.docx Listed/Enumerated Violations image 22: Wall bulged outward. s-. 5 Image 24: Cracks near the southeast corner. Page 16 of 19 Mllstate\Files12018118230.01 - 200 E High St1200-202 High Street Building Observations, docx Image 25-A: Removed sheetrock at the east wall. Image 25-13: Degraded brick and mortar. Page 17 of 19 11Allstate\Fi1es12018118230.01 - 200 E High St1200-202 High Street Building Observations. docx Listed/Enumerated Violations Image 26-A: Removed finishes at the east wall. Image 26-13: Joist configuration. Page 18 of 19 11AllstateTiles12018118230.01 - 200 E High St1200-202 High Street Building Observations. docx Image 27-A: Removed sheetrock.. Image 27-13: Joist bearing configuration. Page 19 of 19 11 AllstatelFiles12018118230.01 - 200 E High St4200-202 High Street Building Observations.docx City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Date: November 9, 2018 Carol Weberg PO BOX 62 Argyle, Missouri 65001-0062 Ruben Wieberg PO BOX 62 Argyle, Missouri 65001-0062 John Klebba, Trustee for Legends Bank 200 East Main St PO BOX 888 Linn, MO 65051 RE: 202 E. High Street, Jefferson City MO 65101 Parcel ID # 1103070004005015 Notice to abate from City Carrie Tergin, Mayor Sonny Sanders, AlCP, Director Phone: 573.634-6410 Fax: 573-634-6457 Certified Mail #: 7000 0600 0029 4300 9969 Certified Mail #: 7000 0600 0029 4300 9952 DECLARATION AND NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE According to the records of the recorder of deeds and the Assessor's Office of Cole County, Missouri, you are owner of the property located at 202 E. High Street, Jefferson City, Missouri hereinafter referred to as the "property'. Attached to this letter, please find Exhibit A, Assessor's Records, verifying said ownership. This notice is provided to you pursuant to section 8-84 of the City of Jefferson Code. All references to section numbers are from the City of Jefferson Code. Pursuant to Section 8-84 (Notice of public nuisance), you are hereby notified that the property has upon it conditions which are in violation of the Dangerous Building Code. A. Code Section:" see. 8-81. G)oditions of buildings or structures constituting public nuisance," paragraphs B and C state: "B. Those which, exclusive of the foundation, show thirty three percent (33%) or more, of darnage or deterioration of the supporting nwetnber or members, of fifty percent (50%) of damage or deterioration of the non -supporting enclosing or outside walls or covering." Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request Notice to abate from City Notice of Dangerous Building Page 12 of 8 November 9, 2018 "C. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City." Per Section 8-81.13: The 23'x 75' building is supported on the west side by a shared load bearing wall of an unreinforced masonry structure. On the east side, it is supported by a shared load bearing wall of a compositely constructed building (brick and reinforced concrete). The area between these east -west walls is spanned with continuous timber joists that are supported mid -span with a post and beam assembly. The vertical load path for the structure is carried through these three (3) assemblies (or 33.3% each). In addition, the lateral loads of the structure are primarily resisted by the east and west shared walls. The post and beam assembly has no lateral resistance for the east -west direction. The north and south exposed walls are tied to the east -west assemblies for 100% lateral support (or 50% per shared wall). It has been determined that the west shared wall is now failing caused by mortar washing out over the years and is no longer serviceable. This condition will eventually cause a brittle failure of the structure that is dangerous to the health, safety and welfare of the occupants (Section 8-81.C). An example of this type of failure is what happened with the west wall of the unreinforced masonry adjoining building at 200 E. High. Deterioration is seen of the west shared wall by looking at the parapet and at the base of the wall. The mortar of the unreinforced masonry wall has been washed out by water infiltration. Please see pictures labeled as Exhibit B. B. Per Section 8-82.D: "D. In any case where the conditions constituting the public nuisance are such that the costs to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed fifty percent (50%) of the value of the building or structure, it shall be ordered repaired or demolished, and in the event it is not repaired or demolished by the owner, then the city shall abate the nuisance by demolition." According to the assessor's data, the building is valued at $284,100 (excludes land). Given the west load bearing wall would need to be entirely replaced and without benefit of detailed design documents; an initial minimum cost estimate to replace the west load bearing wall is: Temporary shoring of the floor and roof — $20,000 Foundation improvements - $40,000 Repair/replace west walls with reinforced concrete block - $70,000 Finish exterior envelope and repair interior finishes - $40,000 Total $170,000 There are more cost components to consider of a structure besides the above list; plus unforeseen conditions. This estimate is provided only to demonstrate that the cost to repair exceeds 50% of the value of the building. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice to abate from City Notice of Dangerous Building Page 13 of 8 November 9, 2018 C. Per Section 8-82 (B and D): "B. if the dangerous building is ill such Condition as to make it dangerous to the health, safety, or welfare of its occupants, it shall be ordered to be vacated pending abatement of the nuisance." "D. In any case where the conditions constituting the public nuisance are such that the costs to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed fifty percent (50%) of the value of the building or structure, it shall be ordered repaired or demolished, and in the event it is not repaired or demolished by the owner, then the city shall abate the nuisance by demolition." Given the above code, the following actions are ordered: a. The building shall be vacated until the nuisance is abated. b. The building shall be repaired or demolished by January 31, 2019. D. You are hereby notified that if the nuisance is not abated as directed within the prescribed time per Section 8-86, the City will hold a hearing as outlined in Section 21-9 to review the abatement order of the nuisance Any owner or person receiving this notice has the right to request a hearing to appeal this declaration of nuisance. The request must be in writing and must be received by the Director of Planning & Protective Services of the City of Jefferson within 10 days of the date of the Notice. The Director at his sole discretion may extend the time for filing the Request. The request for a hearing shall be on a form promulgated by the Director or shall be in writing and contain at least the name of the person requesting the notice, their mailing address, their phone number (if any), a statement that they request a hearing on the determination of a nuisance and the location of the nuisance. A copy of the hearing request form is attached or may be found on-line at http://cros4.revize.com/revize/leffersonmo/PPS/Code%®2OEnforcement%20Hearing%20Reguest,pdf Please note that "Article VI. Dangerous Building Regulations" refer to procedures in Chapter 21, Article I of the Jefferson City Code. Please let me know if you have any questions. My direct line is 673-634-6387. Sincerely, �� b_jj"— Larry Burkhardt, AIA, P.E. Building Official City of Jefferson CC: Sonny Sanders Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice to abate from City Notice of Dangerous Building Page 14 of 8 November 9, 2018 EXHIBIT A - Assessor's data MidMoGIS, MO Parcel ID 1103070004005015 Book -Page Date 540-488 9/26/2006 Owner Name WIEBERG, CAROL JEAN Sec/Tr,n/Rng 7/44/11 Mailing Address PO BOX 62 Square Feet (Above Grade) 0 City State ZIP ARGYLE, MO 65001-0062 Basement Type Property Address 202 E High St A Finished Bsmnt. Size (Sq. Ft.) Subdivision CITY OF JEFFERSON INLOT Year Built 0 Subdivision Image CITY OF JEFFERSON INLOT Date Certified 1/1/2018 Comm: 520,900 Property Description E 23' OF W 52' OF N 75' INLOT 476 Property Values (Land) Ag: $0 Res: $0 Comm: $115,600 Book -Page Date 645-907 8/4/2014 Property Values (Improv.) Ag: $0 Res: $168,500 Book -Page Date 605-820 7/1/2011 Appraised Value $305,000 Orsclaimer. I -lap and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,apprairal, survey, or for zoning verification. I inch = 23 feet 10/15/2018 Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with disabilities Act. Please allow three business days to process the request. Notice to abate from City Notice of Dangerous Building Page 15 of 8 November 9, 2018 EXHIBIT B — Pictures Showing current condition of the adjacent 200 E, High west wall: Photo of 200 E. High west wall parapet with a bulge: Individuals should contact the ADA Coordinator at (573) 634-6576 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice of Dangerous Building Page 16 of 8 November 9, 2018 Photos of 202 E. High shared west wall: ' l"• yJM444'Nhs4dbiF/�"k`*2H..: Notice to abate from City `W ctirq t tj Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice of Dangerous Building Page 17 of 8 November 9, 2018 Photo showing High Street north fagades of 202 and 200 buildings: Photos of south elevations of 200 and 202 E. High: Notice to abate from City Individuals should contact the ADA Coordinator at (573) 634-5570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Notice to abate from City Notice of Dangerous Building Page 18of8 November 9, 2018 Photo of 200 E. High basement shared wall with mortar washed out: Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Cityof Jefferson Department of Planning & Protective Services 320 E. McCarty St., Room 120 Jefferson City, MO 65101 February 8, 2019 Carol Wieberg PO Box 62 Argyle, MO 65001-0062 Ruben Wieberg PO Box 62 Argyle, MO 65001-0062 John Klebba, Trustee Legends Bank PO Box 868 Linn, MO 65051 RE: 202 E High Street, Jefferson City MO 65101 Parcel ID #1103070004005015 NOTICE OF HEARING Notice of Hearing Carrie Terai_n, Mayor Sonny Sanders, A1CP, Director Phone, 573-634-6410 Fax- 573-634-6457 CERTIFIED MAIL NOTICE 7015 3010 0000 8169 0816 Please be advised, the Director of Planning and Protective Services of the City of Jefferson has scheduled a hearing for the above referenced property at the following time and place: Tuesday, February 19, 2019 at 1:00 PM Boone-Bancroft/Large Conference Room (Room #200) John G. Christy Municipal Building (City Hail) 320 E. McCarty Street, Jefferson City, Missouri This hearing has been scheduled since the nuisance has not been not been abated per the "Declaration and Notice of Public Nuisance and Order to Abate" letter dated October 15, 2018. This is per City Code Section 8-86: Sec. 8-86. Notice Disobeved; Hearing Required If the Nuisance is not abated [Jaen there shall be a hearing as provided in Chapter 21. Article I. Please find attached applicable portions of the City Code for the hearing. Please let us know if you have any questions. Since ely, Sonny Sa ers, AICD Cc: Larry Burkhardt, AIA, P E. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act Please allow three business days to process the request. Notice of Hearing Sec. 21-9. Hearing Procedure If a hearing is called by the Director, the following procedure shall be followed: A. The City Administrator shall appoint a Hearing Examiner to conduct the hearing, consider the evidence and issue an order in accordance with the procedures of this chapter. The City Administrator may appoint himself/herselfto serve as Hearing Examiner. (Ord. No. 15332, §1, 10-20-2014) B. The person or person requesting a hearing shall have an opportunity to be heard, and shall be served notice of the hearing (personally or by mail; if those methods fail, service may be had by publication) allowing at least ten (I0) days written notice. The notice shall include the date, time and place of the hearing. C. Any party may be represented by counsel and have the right to present evidence. D. In the event that any or all of the parties fail to appear at the hearing, the evidence of the existence of facts which constitute grounds alleged in the notice shall be considered unrebutted. E. The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted and considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing examiner. F. All testimony shall be under oath, which may be administered by the Hearing Examiner and a recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed by the City, the cost of which shall be paid by the City should the proceeding be eventually held against the City and by the owner if it should not. In the latter case the cost of such reporting shall be a lien upon the lot, tract, or parcel of land upon which the building or structure stands, and shall be added to the cost of performance for demolition or repair in the event the City shall be required to do so, and payable as provided for such costs. G. The hearing shall proceed in the following manner. The City will give opening remarks first, followed by any opening remarks by the owner. The City will then be allowed to present its evidence. Witnesses called by the City will be directly examined with an opportunity for the owner to cross-examine, followed by an opportunity for the City to re -direct. Once the City's case is presented, the owner will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal, if it so chooses. Finally, the City and the property owner will have an opportunity to make closing remarks in that respective order. (Ord. No. 15721, § 1, 9-5-2017) Sec. 21-10. Findings of Hearing Examiner following hearing. Within thirty (30) days from the date of the hearing, the Hearing Examiner shall, upon the basis of competent and substantial evidence offered at the hearing, make a written findings of fact and conclusions of law as to whether or not a nuisance exists under the terms of this article. If the nuisance is found to exist then the Hearing Examiner shall make a finding as to whether the procedures required by this chapter have been substantially met and compiled with and whether or not the order to abate the nuisance was reasonable in its terms and conditions and within the standards of this article. Finally the Hearing Examiner shall make a fording as to the appropriate abatement for the nuisance and enter an order instructing the nuisance to be abated in accordance with Section 21- 11. If it is found that the nuisance is detrimental to the health, safety and welfare of the residents of the City, that finding shall be specifically stated in the findings of fact. If the Hearing Examiner finds that the nuisance does not exist or that the procedures of this article have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed. If the nuisance involves a junked motor vehicle, the Hearing Examiner shall determine whether or not the vehicle is a junked motor vehicle and whether the director is entitled to abate the nuisance. The Hearing Examiner shall not have authority to determine the validity of a parking citation. if the Hearing Examiner determines that the vehicle is not a junked motor vehicle, the decision of the Director shall be withdrawn and the Director shall be prohibited from again determining that the vehicle is a junked motor vehicle for thirty (30) days. (Ord. No. 15721, § 1, 9-5-2017) Cost Analysis 202 E. High, Jefferson City, MO — Cast Estimate to Repair - REVISED City Code citation: Sec. 8-82. Standards for determining action required to alleviate public nuisance The following standards shall be followed in substance by the building regulations supervisor and the Director of Planning and Protective Services in ordering repair, vacation or demolition: D. In any case where the conditions constituting the public nuisance are such that the costs to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed fifty percent (SO%) of the value of the building or structure, it shall be ordered repaired or demolished, and in the event it is not repaired or demolished by the owner, then the city shall abate the nuisance by demolition. Cost Estimate: Per Section 6-82.D, if the cost of repair exceeds 50% of value of the building, the building shall be ordered repaired or demolished. According to the assessor's data, the building is valued at $284,100 (excludes land) and 50% would then be $142,050. To repair, the existing load bearing western wall would need to be replaced while trying to save interior construction. This will be costly since the replacement wall will need to be built as close as possible to the existing wall and then transfer the load during construction. Without benefit of detailed design documents, an initial minimum cost estimate to replace the western load bearing wall is: Shoring - At least 225 lineal feet (10 of temporary shoring is required for the first floor, second floor and roof along the west wall for support during construction of a new wall. Each level is a different height and finish materials will need to be removed to expose the structure. The stairs along the west wall will also need to be removed to allow for shoring and building a new structural wall. Shoring - 2251f at $10011f $22,500 Foundation improvements —A new 75' long continuous footing will need to be installed to support the new wall and backfill. A geotechnical report should be obtained to confirm the foundation design. However, a continuous concrete footing will be assumed using manual labor to excavate and pour. Foundation - 751f at $40011f $30,000 Wall dimensions are approximately 75'x 30'. A reinforced concrete masonry wall is proposed. Bearing wall - 2,250sf at $301sf $67,500 Finish exterior of new wall with new face brick when exposed. Brick fascia 2,250sf at $101sf $22,500 Total $142,500 There are more cost components to consider of a structure besides the above list (e.g. site conditions; roof deck; electrical; replacement stairs; finishes; and unforeseen conditions). As stated previously, a detailed design would need to be developed by an engineer and an architect for quantification of the work. This estimate is provided only to demonstrate that the cost to repair would exceed 50% of the value of the building. Larry Burkhardt, AIA, P.E., Building Official 320 E. McCarty St., Jefferson City, MO 537-634-6387 - February 12, 2019 A-4782, E-22416 (Architectural, Structural) 11 page of 1 ATTACHMENT 4 BEFORE THE DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES OF THE CITY OF JEFFERSON, MISSOURI IN RE: 202 EAST HIGH STREET JEFFERSON CITY, MISSOURI CITY OF JEFFERSON, Plaintiff, VS. CAROL WIEBERG and RUBEN WIEBERG, Defendants. FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT Based upon the evidence presented at the February 19, 2019 hearing, the Hearing Examiner makes the following findings of fact: 1. Definitions. For purpose of these Findings of Fact: Code shall mean the Code of the City of Jefferson as adopted and revised. Defendant shall mean Carol Wieberg and Ruben Wieberg. Hearing date shall mean February 19, 2019. Inspector shall mean City of Jefferson Building Inspector Larry Burkhart. Owner shall mean Carol Wieberg and Ruben Wieberg. Subject property shall mean the structure located at 202 East High Street, Jefferson City. 2. The Inspector consulted the records of the Recorder of Deeds and the Assessor, both of Cole County, Missouri, and determined that the subject property is owned by the Defendant. 3. The Inspector investigated the subject property for code violations and as part of his investigation took pictures of the subject property. 4. The Inspector found violations of the Dangerous Building Code, which is located in Sections 8-80 et. seg. of the Code of the City of Jefferson. The violations are found in Exhibit 3. 5. Based on his training and experience, and fulfilling his assigned duties, the Inspector concluded that the subject property was not in compliance with the Code as Page 1 of 4 aforementioned as there were nuisances pursuant to Chapter 21 of the Code. The Inspector determined the nuisances required abatement. 6. The Inspector notified the Owner by certified mail that the subject property was in violation of the Code, citing the specific sections of the Code and describing the specific violations. Further, the Inspector advised the Owner of the actions required to abate the nuisances. Finally, the Inspector advised the Owner of the time given to the Owner to abate the nuisances. 7. The Owner did not abate all the nuisances within the time prescribed by the Inspector. 8. As a result of the Owner's failure to abate all the nuisances within the time prescribed by the Inspector, the Department of Planning and Protective Services of the City of Jefferson notified the Owner of a nuisance hearing to be held on the hearing date, to determine whether or not the building or structure involved is a public nuisance, whether or not the procedures required by the Chapter 21 of the Code have been substantially followed, and whether or not the abatement orders were reasonable. A copy of this Notice was posted on the property to notify any other unknown parties who claim an interest in the subject property. 10. At said hearing, held on the hearing date, the Inspector testified as to his findings, abatement orders, and the procedures followed, as recited in the preceding paragraphs of this order. The Inspector's testimony is found to be credible. 11. At said hearing, the Owner did not present any evidence or testimony for consideration by the Hearing Examiner. 12. At the hearing, the City presented and the Hearing Examiner accepted into evidence, the following: Exhibit 1: Owner information Exhibit 2: Photographs of Property Exhibit 3: Spreadsheet of Violations Exhibit 4: Notice of nuisance Exhibit 5: Notice of hearings Exhibit 6: Recent site photographs Exhibit 7: Cost Analysis 13. The costs to repair or maintain the building or structure so that it would no longer constitute a public nuisance would equal or exceed fifty percent (50%) of the value of the building or structure, therefore demolition is required. 14. There remain nuisances at the subject property that require abatement. 15. The Hearing Examiner takes judicial notice of the Code of the City of Jefferson and incorporates the same by reference. CONCLUSIONS OF LAW A public nuisance is defined by Section 8-81 of the Code as "Any property which is in violation of the Dangerous Building Code of the City (Section 8-80 et. seq.)." The City Code requires the Hearing Examiner to determine the following: (a) whether the structure is a public nuisance under the terms of the Dangerous Building Code; (b) whether the procedures required by Chapter 8 have been substantially followed; and (c) whether the abatement orders were reasonable and within the standards of Chapter 8. Page 2 of 4 1. The structure is a public nuisance. A structure can be a public nuisance under the Code if the structure violates the Dangerous Building Code. The evidence presented at the hearing demonstrates that the conditions of the subject property violated the Dangerous Building Code and are therefore public nuisances in that the conditions of the subject property show thirty three percent (33%) or more of damage or deterioration of the supporting member or members and the subject property has been damaged by water infiltration so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City. 2. The procedures of Chapter 8 were substantially followed. If the Inspector determines a public nuisance exists, the Code requires him to provide a notice of public nuisance that meets three requirements. First, the notice must be served to the owner, occupant, and all other persons having a potential interest in the property as shown by the records of the Recorder of Deeds for the appropriate county of the property. Second, the notice must set forth a description of the conditions that constitute a public nuisance. Third, the notice must provide for the abatement of the nuisance and give a reasonable time to commence and complete the work. The subject property is located in Cole County, Missouri. The Inspector consulted the records of the Recorder of Deeds and Assessor in Cole County, Missouri, where the property is situated. The records of the Recorder of Deeds and Assessor showed that the Defendant is the owner of the subject property. The letter to the Owner contained information advising it of the nuisances which were found at the subject property and the actions necessary to abate the nuisances. The Inspector required that the abatement actions be commenced immediately and proceed without delay until completed. As the nuisances could have been abated within the time provided by the Inspector, the abatement orders were reasonable. In summary, the Inspector served written notice: 1) to the owners, occupants, and all other persons having an interest in the property; 2) containing sufficient description of the conditions found that caused a public nuisance; 3) giving a reasonable time to commence the abatement; and 4) requiring that the work proceed without delay. As a matter of law, I conclude that the Inspector substantially followed the procedures of the Code. Page 3 of 4 3. The abatement order of the housing inspector was reasonable and within the standards of Chapter 8. The abatement orders identified in Exhibit 4 are found to be reasonable and within the standards of Chapter 8. 4. Conclusion Public nuisances do exist at the subject property. The procedures required by the Code have been substantially followed. The abatement orders issued by the Inspector were reasonable and within the standards of the Code. DECISION WHEREFORE, upon the basis of competent and substantial evidence presented at the hearing held on the hearing date, including the testimony of all the witnesses and exhibits accepted into evidence, it is the decision of the Hearing Examiner that the violations of the subject property are public nuisances and that the proper abatement for these nuisances based upon the evidence adduced at Hearing is demolition. If the subject property is not repaired or demolished within sixty (60) days of this order the City shall arrange for abatement in accordance with the Code. Costs for said abatement shall be assessed against the subject property in accordance with the provisions of the Code, which may include a lien on the subject property or a lawsuit against the Owner. If the City is required to abate the nuisances then the City shall do so as described herein. Date: k - / C(�4j On -1 ca&J- Roger hroeder Hearing Examiner Page 4 of 4 IN THE CIRCUIT COURT OF COLE COUNTY STATE OF MISSOURI DIVISION 4 CAROL WIEBERG ET AL Petitioners V. CITY OF JEFFERSON, MO Case No. 19AC-CC00142 ORDER AND JUDGMENT ATTACHMENT 5 Now on this &h day of June, 2019, the Court again takes up this matter for the purpose of entering its Final Order and Judgment. The parties appeared by counsel on April 15, 2019 and submitted briefs on the issue. The Court, having heard the argument of counsel, having reviewed the administrative record, and being fully advised in the premises, finds the Final Decision of the Planning and Protective Services ofthe City of Jefferson, issued on March 15, 2019, is lawful, reasonable, and supported by substantial and competent evidence on the record as a whole, and is not arbitrary, capricious, or an abuse of discretion. WHEREFORE, this Court finds that the Decision should be and is hereby AFFIRMED. ATTACHMENT 6 1 ,i� •, './� ..a, A •4 r.R ��•7.. r 14-1i `F - 1 I 4 �F TM Y s a✓" p - ow lnr lrlr! r . f Me _ `� a• �ti �^3?C� _ V.' REDEVELOPEMENUSPECIAL TAX BILL REPAYMENT AGREEMENT THIS REDEVELOPMENT/SPECIAL TAX BILL REPAYMENT AGREEMENT ("this Agreement") is made and entered into on the last day executed by a party, as indicated on the signature pages below, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri ("City") and Carol and Ruben Wieberg ("Owner"). The City and Owner may hereinafter be collectively referred to as the Parties and individually as a Party. RECITALS The Subject Property. The Owner holds title to certain land currently located in the incorporated area of the City of Jefferson, generally located at the southeastern corner of East High Street and Madison Street and commonly known as 202 E. High Street (the "Subject Property"). Preservation of the Subject Property. The Subject Property was negatively impacted by the structural failure of the neighboring property 200 E. High Street and the City took certain action that allowed the preservation of the Subject Property. These actions include a method of demolition of 200 E. High Street that preserved the shared wall between 200 E. High Street and Subject Property. The Parties assign a reasonable value of $120,000 to such actions (such amount herein referred to as the "City Investment"). Tax Lien. The Parties agree that the City has the authority under Chapter 8 of the Jefferson City Code and § 67.410 RSMo. to impose a special tax bill on the real property tax bill for the Subject Property for the value of the City Investment. NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual promises, declarations, covenants and agreements of the City and Owner as hereinafter set forth, the Parties hereto do hereby agree as follows: Conditions Precedent. This agreement shall not be binding and the Parties shall have no obligation under this Agreement until the following conditions have been fulfilled: a) Approval of real property tax abatement for the Subject Property under Chapter 353 RSMo. by the Jefferson City Council. b) Transfer of title of the Subject Property to the Jefferson City Redevelopment Corporation and re -transfer of the title of the Subject Property from the Jefferson City Redevelopment Corporation back to Owner. If title to the Subject Property is transferred to Jefferson City Redevelopment Corporation, title of the Subject Property shall be re -transferred back to Owner within forty-eight hours, excluding weekends and holidays where the Cole County Recorder of Deeds is not open. 2. City's Rights and Obligations. a) The City shall place a special tax bill in an amount equal to the City Investment on the Subject Property's real property tax records pursuant to the City's authority contained in City Code Chapter 8 and § 67.410 RSMo. for repair or demolition of dangerous buildings. 3. Owner's Rights and Obligations. a) Owner shall complete such work outlined in the Settlement Agreement between City and Owner, and Neidert Properties LLC and the Redevelopment Plan for the Subject Property approved by the City Council under Chapter 353, RSMo. to repair and preserve the shared wall between 200 E. High Street and the Subject Property. Notwithstanding the Settlement Agreement, the Owner shall be allowed to finish and weatherproof such wall, now constituting the western exterior wall of the Subject Property, with a synthetic building product commonly known as Exterior Insulation and Finish System (EIFS). Such EIFS shall be installed in a workmanlike manner by a licensed contractor qualified to install EIFS. The EIFS shall be designed to be substantially smooth in finish and match the northing facing of the Subject Property in color. All necessary permits to complete such work hereunder shall be obtained by the Owner from the City. i) Within fifteen days of completion by Owner of all work on 202 E. High contemplated within the Settlement Agreement and the Redevelopment Plan for the Subject Property approved by the City Council under Chapter 353, RSMo. to repair and preserve the shared wall between 200 E. High Street and the Subject Property, the property line between 200 E. High Street and the Subject Propety shall be surveyed so that the boundary between the Subject Property and 202 E. High is a straight line. All remaining portions of the Subject Property which Licensee's engineers and the City mutually agree contain elements which are necessary to the permanent structural support of 202 E. High Street shall be conveyed by the City to the Licensees by quit claim deed; this conveyance shall be made within fifteen days upon documentation of such mutual agreement. No elements which are necessary to the permanent structural support of 202 E. High Street shall be installed which would prevent the City, or its successor or assigns, from constructing a structure immediately adjacent to the entirety of the west exterior wall of 202 E. High Street. ii) The City shall not add any attachments to the west exterior wall of the Subject Property or backfill materials directly against such wall and shall include in any redevelopment agreement for 200 E. High St. such a restriction on future owners, assigns, and successors in title to 200 E. High St. Owners shall grant to the City or sucessors in title any temporary easements necessary to honor or carry out this restriction. If City or future owners, assigns, and successors in title to 200 E. High St. breaches this Subsection 3(a)(ii) and causes material damage to the west exterior wall of the Subject Property, the breaching party shall be be responsible for repair for damage caused by such breach, except as may be limited by law. iii) Notwithstanding Subsection 3(a)(ii) above, Owner hereby grants a perpetual license in favor of the City which would allow the City to install a mural directly on the exterior wall between 200 E. High Street and the Subject Property. The City shall be responsible for installation, maintenance, and upkeep of any such mural. Owner shall 4 have a right to approve or disapprove any mural design prior to installation. City shall submit a final design to the Wiebergs at least thirty days prior to installation. If the the Owner do not provide written approval within such thrity days, the submitted design shall be deemed approved. City agrees to keep any such mural in a good and workmanlike condition, and to update same at the request of Owner should said mural deteriorate to such a point as to cause an eyesore or diminish the value of Owner's property. b) During the term of real property tax abatement under Chapter 353 RSMo., the Cole County Assessor shall continue to appraise the Subject Property. Owner shall annually pay to the City on or by December 31 of each year an amount equal to the amount of real property taxes that would have been due to the Cole County Collector if real property tax abatement under Chapter 353 RSMo. had not been granted to the Subject Property, minus any amounts not abated under the Redevelopment Plan approved by the Jefferson City Council and Chapter 353 RSMo. Such payments shall be applied to reduce the special tax bill imposed under Section 2(a) of this Agreement. c) After twenty-five years of real property tax abatement and timely payments under Paragraph (b) above, any remaining amounts of the special tax bill left unpaid shall be released. 4. Acceleration. If at any time a payment due under Section 3(b) becomes more than ninety (90) days past due, the special tax bill shall become immediately due in full and the City may avail itself of any remedy in law or equity to immediately collect the special tax bill. 5. Transferability. This Agreement will be transferable to any new owners, heirs, assignees, or successors in title to the Subject Property. Owner will advise any new owners of the existence and obligations of this Agreement. 6. Amendments. Any amendment to this Agreement must be in writing and must be executed by the City and the Owner, or any future owner of any part of the Subject Property who would otherwise be obligated to perform any of the requirements imposed upon the Owner by this Agreement. Oral modifications or amendments of this Agreement shall be of no force or effect. 7. Remedies. The parties to this Agreement may, either in law or equity, by suit, action, mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific performance of this Agreement. 8. Third -Party Actions. The Owner shall have the right, but not the obligation to assume the costs of defense of any action or proceeding initiated by a third party challenging this Agreement, or any other actions or transactions contemplated by this Agreement (including, without limitation, to settle or compromise any claim or action for which Owner has assumed the defense) with counsel of Owner's choosing and the City and Owner agree that so long as no conflicts of interest exist between them, the same attorney or attorneys may simultaneously represent the City and Owner in any such proceeding. 3 9. Notices. All notices between the parties hereto shall be in writing and shall be sent by certified or registered mail, return receipt requested, by personal delivery against receipt, or by overnight courier, and shall be deemed to have been validly served, given or delivered immediately when delivered against receipt or three (3) business days after deposit in the mail, postage prepaid, or one (1) business day after deposit with an overnight courier, and shall be addressed as follows: If to the City: City of Jefferson City Administrator 320 E. McCarty Jefferson City, MO 65101 If to Owner: Carol and Ruben Wieberg PO Box 62 Argyle, MO 65001 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 10. Compliance with Laws. The Owner shall comply with all applicable state, local, and federal laws in the performance of this Agreement. 11. Entire Agreement. This Agreement contains the entire and complete agreement between the City and the Owner with respect to matters contained herein, all as hereinabove described in the Recitals for this Agreement and the above -numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes a lawful contract between the Parties and Owner hereby acknowledges and agrees that this Agreement and provisions of the City's Code of Ordinances applicable to this Agreement constitute lawful exercises of the City's authority and police power. Nothing herein intended to supersede or replace any previous agreement relating to the Subject Property between the City and Owner unless explicitly specified in this Agreement, and the provisions of such previous agreements are incorporated herein by this reference. (Signature Pages to Follow) 4 IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective on the last day and year indicated below. CITY: City of Jefferson, Missouri By: Carrie Tergin, Mayor Date: ---7 — ATTEST: 4EilyWDdon&dson, City Clerk Approved as to form: Ryan oe an, City Counselor STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this day of 44 , 2020, before me appeared Carrie Tergin, to me personally known, who, being 4 me duly sworn did say that she is Mayor of the City of Jefferson, Missouri, a Missouri constitutional charter city and municipal corporation, and that said instrument was signed on behalf of said City, by authority of its City Council, and said Mayor Carrie Tergin acknowledged said instrument to be the free act and deed of said City and that she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. -8�AM�14 "440-, DA d 14 //// n `Zen , Notary Public My commission expires: 'T /4 i'✓ bONALDSON O Public - Notary S� e of Missouri 5 sioned for ColeCoft V1 Ission Expires: April 14, 024 fission Number. 20894040 OWNER: Carol ieberg V Date: (p - aD.-o Ruben Wieberg L:1 Qjj"� W;' Date: STATE OF MISSOURI ) ) SS COUNTY OF ) On this day of , in the year 2020 before me, , a Notary Public in and for said state, personally appeared Carol Wieberg, known to me to be the person who executed the within agreement, and acknowledged to me that she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. Notary Public My commission expires: b�OW P(f,Q•, MONICAS.BELK �i ; NOTAR-=' 6 Y* *z My Commission Expires STATE OF MISSOURI ) s ve, December 15, 2021 MoniteauCounty ) SS F Commission #13557581 COUNTY OF Con:-nissior- #13557581 On this A day of in the year 2020 before me, , a Notary Public in and for said state, ersonally appeared Ruben Wieberg, known to me to be the person who executed the within agreement, and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. . J. L , Notary Public My commission expires: o�p'itYP(� MONICA S.M �i ; NOTAR-=' 6 Y* *z My Commission Expires December 15, 2021 SEAL' Moniteau County �� Con:-nissior- #13557581 Jefferson Redevelopment Corporation, Inc By: �iv1.�2 �C%wiJ Title: _ U , r e (,-� O -e Date: 11- )o'a °�0 ATTEST: Z�"&"hL - qvak-�'� Name:14 t'6kUA'cy-) Title: STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this �D�h day of 2020, before me appeared to me personally known, who, being by me duly sworn did say that he/she is D, rac W of the Jefferson Redevelopment Corporation, Inc. a Missouri Urban Redevelopment Corporation, and that said instrument was signed on behalf of said corporation, by authority of its Board of Directors, and said Gam' e, I !:I) K I Dtf,6,lacknowledged said instrument to be the free act and deed of said corporation and that she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. My commission expires: 1q. /4.2024 -hk4d0d,0� Notary Public F DON LD 0lic - Notary Sed of "ssoud ed for Cole CaunhExpires: Apdi 14, 4Number. 20894040