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HomeMy WebLinkAboutOrd.980.03-04-1991BILL NO. 91-20 ORDINANCE NO. Am AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CHARLES ROBERTS AND OTA ROBERTS FOR PROPERTY AT 120 NORTH BROADVIEW, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a General Warranty Deed executed by Charles Roberts and Ota Roberts, his wife, conveying to the City of Cape Girardeau, Missouri, a General Warranty Deed .for property at 120 North Broadview, more particularly described as follows, to -wit: All of Lot Eight (8) in Nothdurft's Partition in the City of Cape Girardeau, Missouri., as shown by plat recorded in Plat Book 4 at Page 46. Except that part conveyed to the City of Cape Girardeau, Missouri, for Broadview Street, and Except that part conveyed to Capaha Bottler's Inc. by Warranty Deed recorded in Book 183, at Page 447. Also part of Lot Seven (7) of Nothdurft's Partition in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 4 at Page 46 described as follows: Beginning at the Northeast corner of Lot 7 and run North 690 West along the North line of Lot 7 a distance of 202.7 feet for a point of beginning; thence continue North 690 West along the North _line of Lot 7 a distance of 186.5 feet to a point on the East line of Broadview Street; thence in a Southerly direction along said East line of Broadview Street, a distance of 64.3 feet; thence South 890 16' East a distance of 175.2 feet to the point of beginning. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF `/)90,��, 19�. Fr ncis E. Rho es, Mayor ATTEST: Ju A. Dale Dep(Ay City Clerk REAL ESTATE SALE CONTRACT This Agreement made this } 4' day of 1991, by and between Charles Roberts and Ota Roberts, husband and wife, hereinafter referred to as "SELLERS" and the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "PURCHASER". In consideration of the covenants and agreements of the respective parties as hereinafter set forth, SELLERS agree to sell and convey to PURCHASER, and PURCHASER agrees to take from SELLERS, certain land owned by SELLERS, located at 120 North Broadview, in the City of Cape Girardeau, in Cape Girardeau County, Missouri, along with the buildings and their improvements and fixtures located thereon, said property more particularly described as follows: All of Lot Eight (8) in Nothdurft's Partition in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 4 at Page 46. Except that part conveyed to the City of Cape Girardeau, Missouri, for Broadview Street, and Except that part conveyed to Capaha Bottler's Inc. by Warranty Deed recorded in Book 183, at Page 447. Also part of Lot Seven ( 7 ) of Nothdurft's Partition in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 4 at Page 46 described as follows: Beginning at the Northeast corner of Lot 7 and run North 690 West along the North line of Lot 7 a distance of 202.7 feet for a point of beginning; thence continue North 690 West along the North line of Lot 7 a distance of 186.5 feet to a point on the East line of Broadview Street; thence in a Southerly direction along said East line of Broadview Street, a distance of 64.3 feet; thence South 891 16' East a distance of 175.2 feet to the point of beginning. The following terms, provisions and conditions are further agreed to: 1. The total purchase price of the property is One Hundred Eighty Thousand Dollars' (,180,000.00). Buyer will pay to SELLERS the sum of Eighteen Thousand Dollars (18,000.00) as and for earnest money contemporaneously with the execution of this Contract with the balance of One Hundred Sixty -Two Thousand Dollars (162,000.00) payable at the time of closing, except however, BUYER shall retain the sum of Three Thousand Dollars (3,000.00) to ensure SELLERS compliance with the provisions of Paragraph 2 of this Contract and in the event that SELLERS fail to comply with the requirements of Paragraph 2, BUYER may retain the sum of Three Thousand Dollars (3,000.00) as damages for said noncompliance and to pay the costs of removal. in addition, the parties agree that BUYER may deduct from the purchase price the cost of abstract updating and also the sum of Two Hundred Ninety -Eight Dollars and Seventy -Seven Cents (298.77) for sewer and trash removal fees owed to the BUYER by SELLERS and the sum of Two Thousand Six Hundred Twelve Dollars and Ninety -Four Cents (2,612.94) for 1990 County and City real estate taxes. Closing and settlement shall be February 15, 1991, at City Hall in Cape Girardeau, Missouri. 2. It is agreed by and between the parties that the parties shall divide ownership of certain inventory and equipment located on the property as follows: conveyor, bins and batching equipment at the top of the production building will remain the property of SELLERS but the material lift will be the property of BUYERS; SELLERS shall retain ownership of the weight scales and shall remove same and fill the resulting pit with stone; BUYER shall become the owner of the stone which is stored in piles in the unfinished building and BUYER will become the owner of the fencing - 2 - sections which are stored in the back sections of the real estate; SELLERS shall be responsible for removal of the debris located on the property. All fixtures and equipment, including mechanical and electrical fixtures and equipment which are attached the buildings, will remain so attached and shall become the property of BUYER. The inventory and equipment which remain the property of SELLERS shall be removed by SELLERS at SELLERS' expense within ninety (90) days of closing of this contract, except the conveyor, bins and batching equipment at the top of the production building, which shall be removed within six (6) months of the date of this contract. Any such inventory and equipment not removed within the time allowed shall become the property of BUYER without further consideration and BUYER shall have the right to keep and use the property or sell and dispose of same and retain the proceeds from such disposition. 3. SELLERS agree to convey the premises by General Warranty Deed free and clear of all liens or other encumbrances and the parties agree that SELLERS shall convey good and merchantable title as defined by the Title Standards of the Missouri Bar. The parties hereto agree that SELLERS will at their own expense provide to PURCHASER an up-to-date Abstract of Title on the premises, certified by a qualified abstractor for examination by PURCHASER. SELLERS will provide such abstract of title at their expense and the cost and expenses of examination and review of the title supplied shall be upon the PURCHASER. If the title examination reveals any liens, encumbrances or other defects to the title, SELLERS shall have a reasonable time in which to - 3 - correct and remove such defects and in the event that they are unable to do so within thirty (30) days of the title examination by PURCHASER, this Contract shall be subject to cancellation at the option of the PURCHASER and the PURCHASER shall be entitled to a full refund of the entire earnest money deposit paid contemporaneously with the execution of this Contract. 4. The SELLERS agree to free said property from all taxes, assessments, liens, encumbrances and charges to the date of consumation of said purchase, except that it is agreed that all taxes accruing for the calendar year 1991 shall be prorated between the parties as of the date of closing of this Agreement. 5. Risk of loss or damage by fire or other casualty to the property or any part thereof prior to the date of the closing, shall be at the risk of the SELLERS. SELLERS shall continue to provide insurance protection against such loss until the transfer of possession to PURCHASER. After the transfer of possession, the risk of loss shall be on the PURCHASER. Possession shall transfer at the time of closing of this transaction and PURCHASER shall have full right of possession and use of the property with the exception of SELLERS' right to enter on the property to remove and dispose of certain items of property as previously set out herein. In the event of destruction or damage prior to the transfer of possession to PURCHASER, PURCHASER may cancel or rescind this Contract or it may accept the property with an abatement of the purchase price in the amount of the cost of replacement or repair. PURCHASER may exercise its option to cancel or rescind by serving written notice thereof to the SELLERS - 4 - within ten (10) days after said destruction or damage to the property. 6. Improvements located on the property shall be maintained in their present condition prior to the transfer of possession by the SELLERS. 7. This Contract and the covenants and agreements herein shall bind and inure to the benefit of the` parties' hereto and their respective heirs, successors and assigns. - IN WITNESS WHEREOF, the parties have executed this instrument at the place and on the date first above written. ATTEST: Lza&� a- 400� Mar . Thompson, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI 04 It ;7 N. , j4j J. Ronald Fischer City Manager Charles Roberts Ota Roberts - 5 -