HomeMy WebLinkAboutOrd.5280.04-20-2022BILL NO. 20-58 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A SPECIAL WARRANTY DEED TO COMMUNITY
PARTNERSHIP OF SOU'THEAST MISSOURI, FOR
PROPERTY LOCATED AT' 40 SOUTH SPRIGG STREET,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDE,AU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The Mayor, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a
Special Warranty Deed to Community Partnersh,,ip of Southeast
Missouri, a Missouri Nonprofit Corporation, for property located
at 40 South Sprigg Street (the old Police Station) , in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows :
Article 1: as previously recorded in County BK
308 PG 03-05 )
All of Lots 29 and 30 in Range "B" in the City of Cape
Girardeau, Missouri
Article 2 : as previously recorded in County
Document 2003-03032 (AKA BK 1301 PG 216) )
Part of Lot Twenty-seven (27 ) in Range "B" in the City
and County of Cape Girardeau, Missouri. , described as
follows : Commencing 38 feet North of the southeast
corner of said Lot 27, in Range "B"; thence running
North along Frederick Street, 37 feet; thence West,
180 feet to an alley; thence South along said alley,
37 feet and thence East, 180 feet to the place of
beginning.
Subject to Building lines, easements, restrictions and
conditions of record, if any, and to any zoning law or
ordinance affecting the herein described property.
1
Article 3: as previously recorded in Courity
Document 2003-07819 (AKA BK 1329 PG 421) )
Tract 1 :
All rhat part of Lot Twenty-Eight (28 ) in Range "B" in
the City and County of Cape Girardcnau, MO. , described
as follows : Start at the southeast corner of said LOz,
28; thence North along the West line of Frederick
Street, 45 . 18 feet for the point of beginning; thence
continue North along the West line of Frederick
Street, 11 . 0 feet for a corner; thence West, parallel
with the North line of Morriwother Street, 180 . 875
feet for a corner in the East line of an alley; Khence
South along the said East line of the alley, 71 . 0 few
for a corner; thence East , Imtraliel wit - the
line of Merri 'wet her Street, 180 . 875 feet to the point
of beginning .
Tract 2 :
The South 38 feet of Lot 27 and Lhe North Four feet of
Lot 28 In R,,.irige "B" in hf,. CiAy and County of Cape
Girardeau, Missouri, described by metes and bounds as
fOHOWS : OM HE SOUtheaSO corner cof Said Lo'c"
Range "B", mcasure North along the West line of
Frederick Streew , which is also the East line at said
Lot 28 , a distance of 116 . 18 fee',- to a point
line for the point of beginning; thence We.9 r Pj Jjj 11.e I
with f,. err Street, 180 Eeet to an alley; thenc,e
j T.
L)('j t-,I., tNorthalongtheEastlineofsaidalley
line K said Lot 28 and ?"/ , 42 teet; thence East,
parallel with Herr iwether Street, 180 feet to the West
line of hTederick Street, which is also the East line
of said Lot 27; thence South along saiia West ] aj."
Frederick SureeL, 42 feet no the point of beginning .
Trac: 3 :
All of rth 37 feet: of Lot Twenty-seven (21 ) in
Range "'B" in t.1"ie City and CounIty Of Cape
Missouri .
Article 4 : cis previously recorded in County
Document 2011-056877
All that part of Lot 28 in Range "B", in the City of
Cape Girardeau, Missouri, more f ul,1 y d e s cr i b e d as
follows : Begin at the southwest corner of Lot 28,
Range "B", thence North along the East side of an
alley between Sprigg Street and Frederick Street, 4,5
feet; thence East parallel. with Mer-riwether Street,
90 . 44 feet; thence South parallel with Frederick
Street, 45 feet to the North line of Merriwether
Street; thence West along the North line of
Merriwether Street-, 90 . 44 feet to the Place of
Beginning.
Subject to easements, restrictions, reservations, and
covenants of record, if any.
In addition, Lhe City Manager,` is authorized to execute all.
accompanying documents .
ARTICLE 2 .This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS
20TH, - DAY OF _April, 2020 .
BobFox., Mayor
ATTEST :
14)Q Uad
Gayle Conrad, City Clerk
m
eRecorded
DOCUMENT #
2020-04755
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED ON
05/04/2020 11:06:19 AM
REC FEE: 36.00
PAGES: 5
Title of Dr cument:
Special Warranty Deed
Date of Document:
April 21 st 2020
Grantor:
City of Cape Girardeau
Grantor's Address:
401 Independence Street
Cane Girardeau, Missouri 63703
Grantee: Community Partnership of Southeast Missouri
Grantee's Address: 937 Broadway St.
Cape Girardeau, MO 63701
Legal Description: See Following Pages
Title of Document: Special Warranty Deed
Date of Document: April 21 st —12020
Grantor: City of Cape Girardeau
Grantor's Address: 401 Independence Street
Cape Girardeau, Missouri 63703
Grantee: Community Partnership of Southeast Missouri
Grantee's Address: 937 Broadway St.
Cape Girardeau, MO 63701
Legal Description: See Following Pages
SPECIAL WARRANTY DEED
40 S. Sprigg, Cape Girardeau, MO
KNOW ALL MEN BY THESE PRESENTS: That on this day of2020, THE CITY
OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation orga rzed and existing under
the laws of the State of Missouri, of the County of Cape Girardeau in the State of Missouri,
GRANTOR, in consideration of Ten Dollars ($10.00) and other valuable consideration, to it
paid by Community Partnership of Southeast Missouri, a Missouri Nonprofit Corporation,
GRANTEE, does by these presents, SELL AND CONVEY unto the Grantee, its successors and
assigns, the following described parcel of land, lying, being and situate in the City and County of
Cape Girardeau and State of Missouri, to -wit:
Article l: (as previously recorded in County BK 308 PG 03-05 )
All of Lots 2.9 and 30 in Range "B" in the City of Cape Girardeau, Missouri
Article 2: (as previously recorded in County Document 2003-03032 (AKA BK 1301 PG 236))
Part of Lot Twenty-seven (27) in Range `B" in the City and County of Cape Girardeau,
Missouri, described as follows: Commencing 38 feet North of the southeast corner of said
Lot 27, in Range `B"; thence running North along Frederick Street, 37 feet; thence West,
180 feet to an alley; thence South along said alley, 37 feet and thence East, 180 feet to the
place of beginning.
Subject to Building lines, easements, restrictions and conditions of record, if any, and to
any zoning law or ordinance affecting the herein described property.
Article 3: (as previously recorded in County Document 2003-07819 (AKA BK 1329 PG 421))
Tract 1:
All that part of Lot Twenty -Eight (28) in Range `B" in the City and County of Cape
Girardeau, MO., described as follows: Start at the southeast corner of said Lot 28; thence
North along the West line of Frederick Street, 45.18 feet for the point of beginning;
thence continue North along the West line of Frederick Street, 71.0 feet for a corner;
thence West, parallel with the North line of Merriwether Street, 180.875 feet for a corner
in the East line of an alley; thence South along the said East line of the alley, 71.0 feet for
a corner; thence East, parallel with the North line of Merriwether Street, 180.875 feet to
the point of beginning.
Tract 2:
The South 38 feet of Lot 27 and the North Four feet of Lot 28 in Range "B" in the City
and County of Cape Girardeau, Missouri, described by metes and bounds as follows:
From the Southeast corner of said Lot 28, Range "B", measure North along the West line
of Frederick Street, which is also the East line of said Lot 28, a distance of 116.18 feet to
a point on said line for the point of beginning; thence West parallel with Merriwether
Street, 180 feet to an alley; thence North along the East line of said alley and the West
line of said Lot 28 and 27, 42 feet; thence East, parallel with Merriwether Street, 180 feet
to the West line of Frederick Street, which is also the East line of said Lot 27; thence
South along said West line of Frederick Street, 42 feet to the point of beginning.
Tract 3:
All of the North 37 feet of Lot Twenty-seven (27) in Range "B" in the City and County
of Cope Girardeau, Missouri.
Article 4: (as previously recorded in County Document 2011-05687)
All that part of Lot 28 in Range `B", in the City of Cape Girardeau, Missouri, more fully
described as follows: Begin at the southwest corner of Lot 28, Range "B", thence North
along the East side of an alley between Sprigg Street and Frederick Street, 45 feet; thence
East parallel with Merriwether Street, 90.44 feet; thence South parallel with Frederick
Street, 45 feet to the North line of Merriwether Street; thence West along the North line
of Merriwether Street, 90.44 feet to the Place of Beginning.
Subject Io easements, restrictions, reservations, and covenants of record, if any.
TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances,
and immunities thereto belonging or in anywise appertaining unto the said Grantee, and unto its
successors and assigns, FOREVER, the said Grantor hereby covenanting that the above
described premises are free and clear of all encumbrances done or suffered by the Grantor, and
that it will Warrant and Defend the title to the said premises unto the Grantee and Grantee's
successors and assigns, FOREVER, against the lawful claims of all persons claiming through the
Grantor. However, this conveyance is subject to the Restrictions set out in Exhibit A, which
is attached hereto and incorporated herein by reference.
[The remainder of this page intentionally left blank. Signature page follows.
IN WIT, ESS WV REOF, the undersigned has executed this Special Warranty Deed this
day of (L/ 2020.
ATTEST:
City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
�4
Bob Fox, Ma or
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU) r
BE IT REMEMBERED, that on this,a ` ay of 2020, before me
personally appeared Bob Fox, to me personally lmowli,'Atfic, being by me duly sworn did say that
he is Mayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is the official seal of the said City,
and that the said instrument was signed and sealed on behalf of the said City by authority of its
City Council, and acknowledged the said instrument to be the free act and deed of the said City.
IN WITNESS WHEREOF, I have hereunto set
date last above written. f --\
My Commission Expires:
my hand and affixed my official seal, the
Exhibit A
No building, structure or portion thereof on this property shall be used as,
designed, permitted, or intended for occupancy as, a residence by one or more
individuals or families as a Homeless Shelter or Transitional Housing Facility.
AGREEMENT FOR THE SALE OF REAL PROPERTY
Old Police Station
40 S. Sprigg Street
Cape Girardeau, Missouri
ThsVgreement for the Sale of Real Property (this "Contract") is entered into this
day of , 2019. The undersigned, THE CITY OF CAPE GIRARDEAU,
MISSOURI, a unicipal Corporation organized and existing under the laws of the State of
Missouri, of e County of Cape Girardeau in the State of Missouri hereinafter called the
"Seller", in consideration of the mutual covenants and agreements herein set forth, agrees to
convey to Community Caring Council, a 501 (C)(3) Not for profit Missouri Corporation
hereinafter called the `Buyer", and Buyer agrees to accept, FEE SIMPLE INTEREST to the
following described land, and all rights, hereditaments, easements and appurtenances thereunto
belonging, located in the City and County of Cape Girardeau, State of Missouri, bounded and
described as set forth in Exhibit A attached hereto and made a part hereof(the"Property").
In connection with submitting a bid to acquire the Property for a total of One Hundred
Thousand Dollars ($100,000.00) (the "Purchase Price"), the Buyer has deposited earnest money
in the amount of Ten Thousand Dollars ($10,000.00) with the Seller. The Purchase Price for the
Property includes all of the following (if any) which now exist and are located on the real estate,
all of which Seller agrees to convey free and clear: all buildings and structures, including
appliances and all mechanical, electrical, plumbing, heating, ventilating and air conditioning,
gas, water, lighting, power, laundry, fixtures and equipment, together with all floor coverings,
storm windows and doors, screens and awnings, and keys.
Possession and all keys will be delivered to Buyer at Closing (as hereinafter defined).
Seller agrees that Property will be vacant as of the time of Closing, and in its present condition,
ordinary wear and tear excepted.
Seller represents that, to the best of its knowledge, information, and belief, no hazardous
materials or substances are present on, under, or within the Property.
This Contract constitutes the entire agreement between the parties hereto concerning the
Property. There are no other understandings, written or oral, relating to the subject matter hereof
This Contract may not be changed, modified or amended, in whole or in part, except in writing
signed by all parties.
If Buyer defaults in its obligations under this Contract, Seller may retain the Earnest
Money as its sole and exclusive remedy. If Seller defaults in its obligations under this Contract,
the Buyer shall be permitted to recover from Seller all of Buyer's reasonable out-of-pocket
expenses incurred in connection with this Contract, but in no event in an amount exceeding Ten
Thousand Dollars ($10,000.00).
In the event of any litigation between the parties pertaining to this Contract, the
prevailing party shall be entitled to recover, in addition to any damages or equitable relief, the
costs and expenses of litigation, including court costs and reasonable attorney fees. The
provision of this Section shall survive closing or any tennination of this Contract
Buyer has reviewed and signed, if required by law, a Disclosures of Information of Lead-
Based Paint and/or Lead-Based Paint Hazards form.
I. Buyer's obligation to acquire the Property pursuant to this Contract is contingent
upon the following"Contingencies":
(a) The Seller receiving a Community Block Development Grant ("CDBG")
from the Missouri Department of Economic Development and the Seller making
the CDBG funds available to Buyer on or before October 31, 2019,
(b) Within 30 days of Buyer's notice from Seller of the availability of
the CDBG funds, the Buyer determining, in Buyer's discretion, that (i) the
environmental condition of the Property will be suitable for Buyer's contemplated
use.
2. The Closing shall occur within 30 days of the completion of all Contingencies, or
at some other time as mutually agreed by the Buyer and Seller. At the time of Closing,
Community Caring Council, a 501 (C)(3) Not for profit Missouri Corporation agrees to
pay Ninety Thousand Dollars ($90,000.00) (the Purchase Price less the Earnest Money)
to the City of Cape Girardeau for the land described in Exhibit A. The Seller shall
execute and deliver a good and sufficient Special Warranty Deed conveying said land,
with the hereditaments and appurtenances thereunto belonging to Community Caring
Council, a Missouri nonprofit corporation, in fee simple, free and clear from all liens and
encumbrances. Closing to take place as described above, unless the Seller and Buyer
mutually agree to a different date.
3. At the time of Closing, the City and the Buyer shall enter into a lease agreement
(the "Lease"), whereupon the City shall have the right to use and enjoy a certain radio
tower and related equipment located on the Property (the "Tower"). Amongst other
terms that shall he reasonably agreed to by the parties within thirty days of the award of
the CDBG, the Lease shall contain the following provisions:
(a) The Lease shall be for a maximum term of sixty (60) months, beginning at the time of
closing
(b) For the first twenty-four months of the Lease, the City shall pay base rent to the
Buyer in an amount equal to One Dollar ($1.00) per year. Unless the Lease has
previously been terminated by the City, and the Tower has been removed and the
surrounding improvements have been repaired as set forth herein, for months twenty-
five(25) through thirty-six (36)of the Lease, the City shall pay base rent to the Buyer
in an amount equal to One Hundred Dollars ($100) per month and, for months thirty-
seven (37) through sixty (60), the City shall pay base rent to the Buyer in an amount
equal to Five Hundred Dollars ($500) per month.
(c) The City shall have the right to terminate the Lease at any time. Within ninety (90)
days of the City's termination of the Lease, the City shall cause the Tower to be
removed from the Property and, if the removal damages any surrounding
improvements situated on the Property, the City shall cause the surrounding
improvements to be repaired.
(d) In the event that the City has not caused the removal of the Tower on or before the
conclusion of the term of the Lease, or within one hundred and eighty (180) days
from the City's termination of the Lease, the City shall owe the Buyer the greater of
Twenty Thousand Dollars ($20,000) or Buyer's out-of-pocket expenses for causing
the removal of the Tower and repairing the surrounding improvements.
(e) During the Lease term, or until the Tower has been removed all repairs have been
completed, the City shall have access to the Tower 24 hours a day, 7 days a week for
emergency repairs and routine maintenance. However, under no circumstances shall
the City's access to the Tower impede on the Buyer's use and enjoyment of the
Property.
4. It is agreed that the Buyer will defray and incur the expenses incident to the
preparation and recordation of the deed to the Buyer.
5. The City of Cape Girardeau, Missouri represents that no elected City official or
City employee shall be admitted to or share any part of this agreement, or to any benefits
that may arise therefrom.
6 The terms and conditions aforesaid are to apply to and bind the heirs, executors,
administrators, successors and assigns of the Parties.
7. All terms and conditions with respect to this agreement are expressly contained
herein and the parties agree that no representative, or agent, of the Parties have made any
representation or promise with respect to this agreement not expressly contained within.
[Remainder of page is intentionally left blank; signature page to follow]
3
IN WITNESS WHEREOF, the undersigned has executed this agreement this ; ¶tt day
of AIR ,2019
Community Caring Council
1/2x/. «, &d
By Melissa Stickel, MPA
Executive Director
STATE OF Cy.S5ourl
ss.
COUN'T'Y OF C(3._?L Cti i a rAPctt 1
BE IT REMEMBERED, that on this 15 day of N'tic' , 2019 before
me, the undersigned notary public, personally appeared Melissa/Stickel, Executive Director of
Community Caring Council, a Missouri nonprofit corporation, known to me to be the person
who executed the within Agreement for Sale of Real Property in behalf of said nonprofit
corporation and acknowledged that she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
date last above written_
1 _ Ali f\
Notary Pub1 c
My Commission Expires.
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Burcr'r Counterpart Sign etire Page
of ��NWIT��� ESS WHEREOF, the undersigned has executed this agreement this day
2019
CITY OF ' GIRARDEAU, MISSOURI
; ice: _
'co A. eyer,
ATTEST.
I
Ir-
B uec Tayi City Clerk
Gait. e (L ,r<s V A • -.
STATE OF MISSOURI
ss.
COUNTY OF CAPE CiIRARDEAU )
BE IT REMEMBERED, that on this .) day of f _ , 2019, before me,
the undersigned notary public in and for said state, personally appe ed Scott A. Meyer, City
Manager and Bruce Taylor, Deputy City Clerk of the City of Ca Girardeau, Missouri, a
municipal corporation, known to me to be the persons who executed he within Agreement for
the Sale of Real Property in behalf of the City of Cape Girardeau, Missouri and acknowledged to
me that they executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my h d and affixed my official seal, the
date last above written.
'llr l '1 ., i14
o ublic
My Commission Expires:
AMANDA L. MCKINNEY
Notary Public- Notary Seal
STATE OF MISSOURI
Cape Girardeau County
My Commission Expires March 3, 2022
Commission x19588193
Seller's Counterpart Signature Page
Exhibit A
Part of lot twenty-seven (27) in Range"B" in the City and County of Cape Girardeau, Missouri,
described as follows: Commencing 38 feet North of the Southeast corner of said lot 27, in Range
"B"; thence running North along Frederick Street 37 feet: thence West 180 feet to an alley;
thence South along said alley,37 feet and thence East 180 feet to the place of beginning.
MI that part of Lot twenty-eight (28) in Range"& in the City and County of Cape Girardeau,
MO., described as follows:
Start at the Southeast corner of said Lot 28;thence North along the West line of Frederick
Street, 45.18 feet for the point of beginning thence continue North along the West line of
Frederick Street, 71.0 feet for a corner, thence West, parallel with the North line of Merriwether
Street, 180.875 feet for a corner in the East line of an alley,thence South along the said East line
of the alley, 71.0 feet for a corner; thence East, parallel with the North line of Merriwether
Street, 180.875 feet to the point of beginning.
Also
The South 38 feet of Lot 27 and the North four feet of Lot 28 in Range B in the City of Cape
Girardeau, Missouri, described by metes and bounds as follows: From the Southeast corner of
said Lot 28, Range B, measure North along the West line of Frederick Street, which is also the
East line of said Lot 28, a distance of 116.18 feet to a point on said line for the point of
beginning; thence West parallel with Merriwether Street 180 feet, to an alley; thence North along
the East line of said alley and the West line of said Lot 28 and Lot 27,42 feet; thence East
parallel with Merriwether Street, 180 feet, to the West line of Frederick street, which is also the
East line of said lot 27, thence South along said West line of Frederick Street, 42 feet to the point
of beginning.
Also:
All of the North 37 feet of Lot Twenty-seven (27) in Range "B' in the City and County of Cape
Girardeau, Missouri.
All that part of Lot 28 in Range'B", in the City of Cape Girardeau, Missouri, more fully
described as follows.- Begin at,the Southwest corner of Lot 28, Range`B", thence North along
the East side of an alley between Sprigg Street and Frederick Street, 45 feet; thence East parallel
with Merriwether Street, 90.44:feet; thence South parallel with Frederick Street, 45 feet to the
North line of Merriwether Street; thence West along the North line of Merriwether Street, 90.44
feet to the Place of Beginning. Subject to easements, restrictions, reservations,and covenants of
record, if any.
All of Lots 29 and 30 in Range"B" in the City of Cape Girardeau, Missouri.
1( Mbit \
NOT BE INCLUDED: The parties acknowledge and agree that the foregoing legal description
may be revised (due to scrivener's error, inaccuracy, or incompleteness as revealed by the Title
Commitment) as necessary to effectuate the spirit of this Contract.
I'.Shlhrc ,A
CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
Contract Amendment to the Agreement for the Sale of Real Property
40 S.Sprigg Street
Cape Girardeau,Missouri 63701
AMENDMENT: To Sales Contract dated May 22, 2019
BY AND BETWEEN: The CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation organized and existing under the laws of the State of Missouri, of the County of
Cape Girardeau ("Seller") and Community Partnership of Southeast Missouri (formerly
Community Caring Council), a 501 (C) (3)Not for profit Missouri Corporation("Buyer")
CONCERNING REAL ESTATE LOCATED AT: 40 S. Sprigg,Cape Girardeau,Missouri as
described in the Agreement for the Sale of Real Property dated May 22, 2019
THE CONTRACT IS AMENDED AS FOLLOWS: The closing shall occur within 30 days of
the Seller receiving Community Block Development Grant ("CDBG") from the Missouri
Department of Economic Development and the Seller making the CDBG funds available to the
Buyer on or before May 1, 2020.
IT IS I SERSTOOD BY ALL PARTIES THAT ALL OTHER IERMS AND CONDITIONS
OF THE CONTRACT RE I AIN UNC. A GE'.
//moi /
Scott a eyer, ity Manager Melissa Stickel,MPA Executive Director
Date Date
v lr
a i4
401 Independence Cape Girardeau,MO 6:703 573-3396327 Tel 573-339-6303 Fax
cityofcape.o a/development