HomeMy WebLinkAboutCityMgrForm.635.01-05-1972 . x
CITY MANAGER FORM ORDINANCE NO. �'�j�
AN ORDINANCE DIRECTING THE PROPER OFFICIALS OF THE CITY OF CAPE
GIRARDEAU, MISSOURI TO ACQUIRE AN OPTION FOR THE PURCHASE OF
REAL ESTATE FROM C. R. TALBERT, JR. AND BETTIE M. TALBERT FOR
PARK PURPOSES
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. An option for the purchase of certain real
estate located in the City of Cape Girardeau, Missouri , from
C. R. Talbert, Jr. and Bettie M. Talbert, his wife, for the sum
of Eighteen Thousand Six Hundred Eighty-Seven Dollars ($18,687. )
which real estate is to be used for park purposes, is hereby
approved, and the proper officials of the City of Cape Girardeau
are authorized to acquire such option for and on behalf of the
City by the payment of Two Thousand Five Hundred Dollars ($2 ,500 . ) .
Copy of such option is labeled Exhibit A and is attached hereto
and made a part hereof as though fully incorporated herein. City
Officials are hereby authorized to spend Two Thousand Five Hundred
Dollars ($2,500 . ) to acquire said option.
5ECTION 2. The proper off_icials of the City are directed
to make the downpayment required for such proposed option and to
do any and all other things necessary to acquire the option.
SECTION 3 . In order to promote the best interests of the
citizens of Cape Girardeau, and as an emergency exists concerning
the timeTy passage of the foregoing ordinance in order to comply
with the terms of the option mentioned herein, this ordinance
shall be in full force and effect immediately upon its passage
and approval.
PASSED AND APPROVED THIS �� DAY OF , 197�
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MAYOR
ATTEST:
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CITY CLE1�'K ,�"
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OPTION TO PURCHASE REAL ESTATE
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On the ' '^'" day o f �u���., r�� i`f'��' , 19 71 , know al l
men by these presen-�s : that C. R. TAL�3ERT, JR. and BETTIE Pd.
TALBERT, his wife, hereinafter called the Sellers , in consideration
of the sum of Two Thousand Five Hundred Dollars ($2, 500) , the
receipt of which is acknowledged, do hereby give and grant to the
City of Cape Girardeau, Missouri , a Municipal Corporation, herein-
after called Purchaser, the exclusive irrevocable right to purchase,
upon the terms and conditions hereinafter set out, on or before
the lst day of June, 1973 , the follo�aing described property located
in Cape Girardeau County, i2issouri :
Part of Fractional Section 30 , Township 31
North, Range 14 �ast, in the City and (�ounty of
Cape Girardeau, State of Missouri , described as
follows;
Start at the intersection of the center line
of Cape Rock Drive with the center line of Perryville
Road; thence with the certer of said Perryville
Road North 30° 54 ' T°�est, 131. 3 feet; thence with the
center of said Road North :t2° 39 ' ��est, 487 . 5 feet;
thence with the center of said Road Nortl� 28° 06 '
T�lest, 151. 25 feet; thence North 27° 57 ° �r]est,
96. 4 feet for a point of beginning; thence continue
North 27° 57 ' G�est along the center line of
Perryville Road a distance of 304. 0 feet; thence
North 62° 03 ' Last, 175. 0 feet; thence South 27° 57'
East, 304.0 feet; thence South 62° 03 ' Tnlest, 175. 0
feet to the point of beginning, excepting therefrom
the rig'nt of way oi Perryville Road, being 25 feet
wide east of the center line, containing 1. 046 acres .
1. The purchase price shall be the sum of Eighteen Thousand
Six Hundred Eighty-Seven Dollars ($18 ,687) less the Two Thousand
Five Hundred Dollars ($2,500) paid for this option.
2 . Within thirty (30) days after this option is granted
the Sellers shall furnish to the Purchaser an abstract of title
certified to date, showing merchantable title of record vested in
Sellers . The Purchaser shall have thirty (30) days thereafter to
have the abstract examined and within said time shall notify the
5ellers, in writing, of any defects therein, and any defects in
the abstract not so noted are �.eemed to be waived. The Sellers
shall correct any such defects within a reasonable time,
provided if the defects are not corrected l�_y closing the
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Purchaser upon written notice may avoid this contract, and provided
further, if the defects cannot be corrected this contract shall
be void and the money paid to the 5ellers for this option shall
be returned to the Purchaser.
3 . The property shall be conveyed by general warranty
deed free and clear of all liens , except as herein provided.
4. The undersigne� persons agree that as part of the
consideration given by the Purchaser that during the option
period as provided for herein, the City of Cape Girardeau will
have the sole and exclusive use of the premises , including the
right to occupy the buildings .
5 . This option shall be exercised lby the Purchaser upon
written notification to the 5ellers. Upon the notification of
the desire of the City to exercise the option, the parties shall
agree upon a date of closing excebt if title is not acceptable,
at that time, the sale shall be closed within three (3) days
after title is accepted by the Purchaser.
6. If this option is not exercised by notice in writing
prior to midnight of the lst day of June, 1973, the same shall
expire and al1 consideration paid by Purchaser shall be retained
by Sellers . This option sha11 be irrevocable until June 1, 1973 .
7. Notice of election of the Purchaser to exercise this
option shall be delivered to the Sellers in person, or mailed to
the Sellers by regular United States Mail , postage prepaid,
addressed to the 5ellers at 1947 Ro�ainhood Circle, Cape Girardeau,
Missouri 63701, and the same shall be postmarked so as to reach
the Sellers in ordinary course of mail prior to the time of
expiration of this option.
8. At the time of closing Sellers wi�ll give to Purchaser
a General Warranty Deed and Purchaser will pay Sellers Sixteen
Thousand One Hundred Eighty-Seven Dollars ($16 ,187) .
9 . The parties agree that City, State and County real
estate taxes shall be paid as of the date of closing, by Sellers,
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and that the Purchaser shall pay for all special benefits becoming
a lien on the premises . Sellers agree to m,aintain a home owners
policy which contains liak�ility as well as property coverage
on the premises listing the Purchaser as a co-insured. Sellers
shall maintain property insurance in an amount to be agreed upon
on the buildings located on the pr_operty. Should any of the
buildings be destroyed or damaged , any payment to the Sellers for
such damage shall be used to repair the damags to the property or
to reduce the sale price. Purchaser shall have the right to
determine whether the money is to be applied to reduce the sale
price or to the repair of the daznage to the buildings .
The parties agree that they will mutually cooperate in
securing a Federal Grant and that they will, if necessary, make
changes in ti�is document or any other document provided such
changes do not affeCt the substantive rights of the parties .
This agreement shall be �ainding upon the executors ,
administrators , heirs and assigns of the Sellers.
IN WITNESS TaHEREOF, the Sellers have hereunto set their
hand, in duplicate, this '.�r: ��' day of �.ic�c�� �� h�-' �y� , 1971.
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C . R. Tr'�LBERT , J� .
1947 Robinhood Circle
Cape Girardeau, Missouri 63701
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BETTIE M. TAL ERT
1947 Robinh.00d Circle
Cape Girardeau, r�issouri 63701
"S�LL�RS"
STATE OF MI550U�I )
) ss .
COUNTY OF CAPE GZRARDEAU )
On this �� ��' day of �:'!'':!,��;;; �.= -;� , 1971 , before zne
personally appeared C. R. TALBERT , JR. and 3ETTZE M. TALBERT ,
his wife, to me personally known to be the persons described in
and who executed the foregoing instrument and acknowledged that
they executed the same as their free act and deed.
IN TESTIMONY WHER�OF, I have hereunto set my hand and
affixed my official seal at r.ty of_fice in Cape Girardeau County,
Missouri, the day and year above written.
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My Commission Expires: Ir�i�'��%�' . otary Public
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