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HomeMy Public PortalAboutORD14924 BILL NO, 2011-145 SPONSORED BY COUNCILMAN Schulte ORDINANCE NO. I � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACQUIRING PROPERTY AT 605, 609, 615 MULBERRY STREET IN JEFFERSON CITY, MISSOURI, USING HAZARD MITIGATION GRANT FUNDS FOR PURPOSES OF CLEARING THE FLOOD PLAIN. WHEREAS, the City of Jefferson received Hazard Mitigation Grant Funds from HUD through the Missouri State Department of Economic Development; and WHEREAS, the grant funds are to be expended to acquire and remove substandard, vacant property located in the 100-year flood plain on Mulberry Street. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Property located at 605, 609, 615 Mulberry Street, which is substandard, partially vacant, and located in the 100-yr flood plain, will be acquired with Federal HUD grant funds for the purpose of clearing the flood plain. Section 2. The City staff is hereby authorized to acquire the property located at 605, 609, 615 Mulberry Street, Jefferson City, Missouri from its owners. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: , - Approved: r Presiding Off) Mayor 6-1r, ATTEST: APPROVED AS TO FORM: Cify Clerk" Interim City Counselor AGREEMENT FOR THE SALE OF REAL ESTATE THIS AGREEMENT, entered into this 1i day of Ze h 2012, by and between Glen Rohrbach, Nancy Rohback, Daniel Christensen, Nicole Sartor, and Joseph Setzer referred to herein in the singular as the Seller,and the City of Jefferson,a municipal corporation, referred to herein as the Buyer. IN CONSIDERATION of the mutual promises and covenants and obligations of the parties set out herein, the parties agree as follows: 1. Seller agrees to sell and convey to the Buyer and the Buyer agrees to purchase from the Seller, on the terms and conditions hereinafter set forth,the real estate (including all improvements located thereon) identified on exhibit A attached herewith, situated in the County of Cole, State of Missouri. Commonly referred to as 605, 607, 609, 611,613 & 61.5 Mulberry Street, Jefferson City, Missouri. The aforesaid conveyance and transfer of property is subject, however, to any reservations, easements or restrictions of record and any zoning laws, regulations or ordinances affecting the said property, as will not materially interfere with such use of the property as the Buyer might reasonably expect to make in view of the general character of the area and neighborhood in which the property is located. 2. The price to be paid by the Buyer to the Seller for'the above-described real property and improvements and personal property located thereon shall be three hundred forty thousand dollars($340,000.00), payable at the closing of this transaction. Payment to be made by check payable in the name of all Sellers. 3. The sale under this Agreement shall be closed at 320 E. McCarty,Jefferson City, Missouri the day of 15t`day of April, 2012, at 3:00 p.m. or at such other time and place as the parties may mutually agree, 4.Possession of the property shall be delivered to the Buyer at the time of closing. 5. Seller shall furnish to Buyer a commitment to issue an owner's policy of title insurance. Any commitment made hereunder shall be in the amount of the purchase price of the property, naming the Buyer as the insured, and shall be issued by a title insurance company licensed to write title insurance in Missouri, which policy shall insure the owner's title to be marketable in fact as called for by this contract and shall provide that a policy shall be issued immediately after the Seller's general warranty deed to the Buyer is placed of record.The cost of said title insurance will be paid for by the Buyer. 6. The parties understand and agree that the funds to purchase the property come from CDBG Hazard Mitigation Grant from the Federal Government and there are certain requirements the City must follow to utilize said funds. Sellers agree to cooperate with the Buyer in regards to any such requirements. 7. Any rents or insurance payments accrued prior to the date of closing shall be due and payable to Sellers. S. Buyer accepts the property in its Current"as is" condition. 9. Seller shall deliver the property free of any binding tenancies and vacant. 10. It is understood and agreed that title herein required to be furnished is marketable title as set forth in Title Standard 4 of the Missouri Bar. It is also agreed that any encumbrance or defect in the title which is within the scope of any of the Title Standards of the Missouri Bar shall not constitute a valid objection on the part of the Buyer,provided the Seller furnish the affidavits, or other title papers, if any, described in the applicable standard. 11. If the title to said real property be marketable in fact as called for herein,the Seller shall deliver for the Buyer at the office of the Buyer a general warranty deed free and clear from all liens and encumbrances whatsoever, except as herein provided, and the Buyer shall then and there pay the purchase price to Seller by check. 12. The parties agree that any dispute between the parties as to this agreement shall be litigated before the Cole County,Missouri Circuit Court. This agreement represents the entire agreement of the parties and may be amended only by written document signed by all the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written and acknowledge receipt of one copy of the contract. SELLER: Date: Z 2 .2 01 y By: Glen Rohrbach Date: '�-, - "� - , csl ,. By � Nancy Ro bac Date: Z `" 2-0 tZ By: Daniel Christensen Date: By: t A Nicole Sarter Date: By: . P: Joseph S'tz& BUYER: Date: � By: Eric J. Mayor ATTEST Approved as to Form Interim City Counselor