HomeMy WebLinkAbout1985-11 - Authorization to Purchase RealtyBILL N0. 85-11 ORDINANCE N0. 8511
AN ORDINANCE AUTHORIZING THE PURCHASE OF REALTY AND AUTHORIZING
THE EXECUTION OF SALE CONTRACT.
BE iT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MTSSOURi', AS FOLLOWS:
EectYon 1. The City hereby authorizes the purchase of
real estate from the Estate of Caroline Renner, deceased, in
accordance with the attached real estate contract.
Section 2. The Mayor is authorized to execute .the attached
real estate contract on behalf of the City.
Section 3. This ordinance is subject to a legal descrip-
tion approved by the City Attorney affixed and made a part of
said contract.
Pa;~sed this 26th. day of February, 1985.
M
ATTEST: Clerk
Approved this 26th day of February,. 1985.
~c
Mayor
` O CIIICACO TITLE INSURANCE COMPANY
FORM Sl1 (KC R 579)
Real Estate Sale Contract
(For Missouri)
TITLE INSURANCE FORM
THIS CONTRACT, made thial9th day ot........February 85
.........19....., by and between............_ ........................................
WINSTON R..KLAMMr EXECUTOR OF THE ESTATE OF CAROLINA RENNER, DECD., seller,
and__.CITY OF RIVERSIDE, MISSOURI, a Municipal Corporation, ..buyer,
WITNESSETH: Seller hereby sells W buyer the following described real estate, Wgether with all improvements thereon,
including, if any, gas heaters, ventilating, central air conditioning, attached T.V. antennas, lighting, heating and plumbing
equipment and fixtures, attached mirrors and linoleum, window and porch shades, venetian blinds, storm windows and doom,
screens, curtain and drapery rods. awnings and .................................................................................................................................................
• Platte ..County, State of Missouri, to-wit:
ln ........................... ............................
Legal description to be provided after survey; area designated in blue
on Exhibit A is approximate area to be conveyed hereunder.
*So long as said items do not reasonably interfere with buyer's
anticipated use of the premises.
Subject, however, to any recorded restrictim~s, easements, party wall agreements and community contracts. Subject, also,
to any existing leases, tenancies and zonin lows.
The purchase pricers....TWerity. ~lOUSdnd and No/100 - - - - - - - 20 000.00
which buyer agrees to pay as follows:....-...F-?..YG...Hundred-.--cZn4~..,N011OO---- ---- ---- ---- -----DOLLARS $-...-.........500 .00
at the signing of this contract, the receipt whereof is hereby acknowledged by seller and which is deposited with...._ ....................
......,r.hi.QQ. a~o• TT~tle...Ins~u~ranc~...Co;~pan~z ......................................._....... -...........-------•-----------....-...------------.....----------•---
as ra;t of t}tb c•onsid •ration of ttre sr+lr•; the baler •c W Ge pa' 1 in th flowing manner:
---. }yneteen.•Thousand.-Five Hun'~red anf`~ No~l~b - - - - - - - 500.00
............................ ...................................... -• .......-------.DOLLARS $....19-i--•----.....
cash on delivery of deed.a`F~1Cr16~(ixj>1Fd42fIX~ciZGKQi~PG~X~SaS•ifwb~~G+`G~iF~?{~~939~6eYdf~2S`24}~fd4~36~F~~?X
DQl4 aOXC W b]t1Xb[OQ~1CX D¢ddDtb6~[4ClhDtlX~OiDA7pY)G>fODtx
See Exhibit B, attached hereto and made apart hereof by reference.
All deferred paymenW not already secured by deed (a) of trust shall be evidenced by note(s), signed by buyer, secured
by deed(s) of trust, at option of seller, on the above described property, containing usual provisions, drawing interest from
date of delivery of deed, on the terms specified above.
Seller shall make any payments required on existing deed(s) of trust until date of delivery of deed; sad, if it is pro-
vided herein that such property is being Bold subject to any existing deed(s) of trust, buyer shall, on such date, reimburse
seller for any principal reductions not already considered in computing payment of purchase price and for any deposits held
by the holder of any deed(s) of trust.
The rental from said property, and the interest on any existing deed(s) of treat to which this Bale is made subject, shall
be pro-rated between seller and buyer as of the date of delivery of the deed.
Seller shall pay all taxes, general and special, and all asaesaments, which are a lien on said property and can be paid
at the date of this contract, except that all general state, county, school and municipal taxes (exclusive of rebates, penalties
or interest) payable during the calendar year in which the deed is delivered shall be pto-rated between the seller and the
buyer on the boars of the said calendar veer, ae of the date of delivery of the deed. 1f the amount of any such tax Lo be pro-
rated cannot then be ascertained, pro-ration shall be computed on the amount thereof for the preceding year, except ................
Seller shall within ten da)•s, unless detect in title shall appear upon examination, and in that event within thirty days, from
date hereof, deliver to buyer or buyer's duly authorized agent, a report on the title to said real estate and a commitment from
the Title Company, in which said Title Company shall agree, subject to the conditions of said commitment which shall not be
inconsistent with the obligations of seller hereunder, to issue to buyer forthwith, after seller's general warranty deed shall be
placed of record, its owner's title insurance policy in the form now used by said Title Company, in the county and state where
suid property is located, in an amount not less than the purchase price above specified.
Upon delivery of suid Title Company's title report and commitment as above provided, seller shall forthwith deliver to
said Title Company for its approval and recording General Warranty Deed from seller to buyer, properly executed and con-
veying said property in fee simple to buyer, free and clear of all liens and encumbrances whatsoever except as herein pro-
vided; buyer shall then and there pay W said Title Company, for the account of seller the balance, if any, of said cash
payment and deliver to suid Title Company, as agent for seller, the note(s) and deed(s) of trust, if any, hereinbefore provided
for, and furnish insurance policies for the account and necessary for the protection of the holder(s) of any deed(s) of
trust, containing loan clause(s) payable to the holder(s) of such deed(s) of trust as interest(s) may appear.
When avid Title Company shall be ready to delrver its said title insurance policy W buyer this agreement shall be deemed
to be consummated and seller shall at such time be entitled to receive all monies and mortgage papers held by said Title
Company for delivery to seller; buyer shall at such time be entitled to receive, without cost to buyer for same, said Title
Company's title insurance policy. Said warranty deed shall be delivered to buyer as soon as it has been recorded and is
obtainable from the recorder of deeds.
In the event said Title Company shall decline to issue its said title insurance policy within said thirty day period, and in
the manner aforesaid, then at the expiration of said period this contract shall be null and void. and the money deposited
aforesaid shall be returned to buyer.
If before the recording of the deed any of the improvements on said property are destroyed or substantially damaged by
fire, lightning or any cause that could be covered by what is known as extended coverage insurance, buyer shall have the
option of enforcing this contract or cuncelling by written notice within ten days thereafter. If cancelled this contract shall
be null and void and the money deposited aforesaid shall be returned to buyer.
If there has been performance of this contract on the part of seller, and buyer fails to comply herewith, within five days
thereafter, then this contract may or may not be operative thereafter, at the option of seller, and, in the event seller shall
declare the contract inoperative, the money deposited aforesaid shall be paid to seller as liquidated damages. Time is of the
essence of this contract.
1N WITNESS WfiEIiEOF, said parties hereunto subscribe their names. Executed in quadruplicate.
Y'crl.~~~~P~4,.f.J4! ~~~~~~y~l/.f~'C~ CITY O_F RIVERSIDE, MISSOURI,
........... ....... ................ BY . ~ p .. .............
WINSTON R. KLAUIM, EXECUTOSBUer) A Mun ,~~pmra '-On,(Buyer)~-
OF THE ESTATE OF CAROLINA RENNER,
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EXHIBIT B TO THE REAL ESTATE SALE CONTRACT DATED FEBRUARY 18, 1985,
BETWEEN WINSTON R. KLAMM, EXECUTOR AND CITY OF RIVERSIDE, MISSOURI.
Anderson Survey
Buyer and seller agree that seller will request the firm of €lx~x
Ixi~cj~~cto do a survey on the tract being conveyed hereunder. It is
further agreed that buyer will pay for the cost of said survey, and
the amount of said survey shall be included in the. closing costs on
this sale.
Winston R. Klamm represents and warrants that he is the duly qualified
executor of the decedent's estate in Platte County, Missouri, and
he is also the authorized agent for the six beneficiaries under the
Will of Carolina Renner, and all six beneficiaries have authorized him
to enter into this contract.
may
Buyer x place a commemorative plaque on the real estate the subject
of this contract, containing the names of Leslie and Carolina Renner,
and the exact wording on this plaque will be agreed upon by both buyer
and seller before the closing of this sale.
The title policy, when issued to the buyer, shall be in accordance
with said survey and in compliance with this contract, and any ex-
ceptions with respect to surveys and improvements, if any, on the
premises usually contained in title policies shall be eliminated.
The cash deposit of $500.00 and the final cash payment of $19,500.00
referred to in this contract shall be paid by the buyer to Chicago
Title Insurance Company as escrow agent for both parties, and said
title company shall act as escrow agent hereunder without escrow fee
in closing this matter and making disbursements herein contemplated.
All prorations contemplated by this contract and the possession date
shall be as of the date of closing this sale by the escrow agent,. and
not as oP the date of delivery of the deed.
The seller, at seller's expense, shall furnish to the buyer and Chicago
Title Insurance Company satisfactory proof that there are no liens of
record or not of record at the date of closing, and any exceptions
with respect to such liens usually contained in title policies shall
be eliminated.
Seller shall also furnish to buyer at seller's expense satisfactory
evidence to the buyer and Chicago Title Insurance Company that there
are no mortgages, liens or unpaid bills on or pertaining to said
premises at the date of closing.
The parties hereto understand that the buyer is a municipal corporation,
and that this sale is made subject to. the approval of the Board of
Aldermen of the City of Riverside, Missouri, and the Board of Aldermen
must approve the purchase herein. It is understood by and between the
parties that in the event the Board of Aldermen do not approve the
purchase hereof at its. meeting, then this contract shall be null and
void and the money deposited hereunder shall be returned to the buyer
by the escrow agent.
This contract shall be considered as, and is hereby, amended in accord-
ance with this Exhibit B, the provisions of Exhibit B controlling in
the event of any conflict with the form printing on the real estate
sale contract.
This sale is to be closed at Chicago Title's office at 110 N.W. Barry
Road, Kansas City, Missouri, on the 20th day of March 1985,
at 2:00 P.M., or at such other time as the parties may agree.
~~ CITY ~~ V I
BY
W.R. C.
_ . .,
d~~2~
DEED UNDER POWER OF SALE IN WILL
EXECUTOR'S DEED
THIS INDENTURE, made on the ~,~ ~ day of July 1985,
by and between WINSTON R. KLAMM, of Platte County, Missouri, as
Executor under the Last Will and Testament of CAROLINA M. RENNER,
deceased, party of the first part, and CITY OF RIVERSIDE, MISSOURI,
of Platte County, Missouri, party of the second part.
(P.O. Box 9135, Riverside, Missouri 64168)
WITNESSETH: That the partyof the first part, as Executor
under the Last Will and Testament of CAROLINA M. RENNER, deceased,
and in consideration of the sum of Ten Dollars and other good and
valuable consideration, the receipt of which is hereby acknowledged,
does by these presents, SELL AND CONVEY unto the party of the second
part, all of the right, title and interest which the said CAROLINA M.
RENNER, deceased, had at the time of her death in and to the follow-
ing described real estate lying, being and situate in Platte County,
Missouri, to-wit:
All that part of the southeast 1/4 of the northwest 1/4
of Section 4, Township 50, Range 33, in the City of
Riverside, Platte County, Missouri, lying southeasterly
of Vivion Road and southerly and southwesterly of the
southerly line of Lot 5, Wedow Addition, a subdivision,
except that part described in warranty deed to William F.
Hedgecock and BettyJ. Hedgecock, husband and wife, dated
August 1, 1965, and recorded as Document No. 9506 in the
Office of the Recorder of Deeds for said county, and
except that part described as follows: Beginning at a
point on the south line of said 1/4 1/4 section that is
south 89° 57' 28" west, a distance of 416.08 feet from
the southeast corner thereof; thence north 27° 12' 00"
east, parallel with the easterly right-of-way line of
Vivion Road, as established by Circuit Court Case No.
8088, a distance of 225.00 feet; thence south 89° 57' 28"
west, parallel with the south line of said 1/4 1/4 section,
a distance of 358.27 feet to a point on the easterly right-
of-way of said Vivion Road; thence south 27° 12' 00" west
along said right-of-way line, a distance of 225.00 feet
to a point on the south line of said 1/4 1/4 section;
thence north 89° 57' 28" east along said south line, a
distance of 358.27 feet to the point of beginning.
Subject to any and all easements and restrictions of
record.
This deed is made and given by the undersigned as Executor under
the Last Will and Testament of CAROLINA M. RENNER, deceased,
pursuant to the power of sale contained in ARTICLE VIII of said
Last Will and Testament, the said decedent having died a resident
of Platte County, Missouri, on April 2, 1980, and her Last Will
and Testament having been duly admitted to probate in the Probate
Court of Platte County, Missouri, at Platte City, on April 9,
1980, and Letters Testamentary having been duly issued by said
court to the undersigned as Executor under said Last Will and
Testament on April 9, 1980, and an authenticated copy of said
Last Will and Testament, with proof of the probate thereof,
having been duly recorded on the 18th day of December, 1981, in
Book 617 at Page 488 in the Office of the Recorder of Deeds for
Platte County, Missouri, at Platte City.
BOOK ~D1u , „,;~ 7Q"S
018221
TO HAVE AND TO HOLD the premises aforesaid, with all and
singular the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining, unto the said party of the
second part and its successors and assigns, forever.
IN WITNESS WHEREOF, the said WINSTON R. KLAMM, as Executor
under the Last Will and Testament of CAROLINA M. RENNER, deceased,
has hereunder set his hand and seal the day and year first above
written.
STATE OF MISSOURI)
ss.
COUNTY OF PLATTE )
WINSTON R. KLAMM
As Executor under the Last Will
and Testament of CAROLINA M.
RENNER, deceased.
On this O~ind~ day of July , 1985, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared WINSTON R. KLAMM, to me known to be the
person described in and who executed the foregoing instrument,
and acknowledged that heexecuted the same as his free act
and deed as Executor under the Last Will and Testament of
CAROLINA M. RENNER, deceased.
IN WITNESS WHEREOF, I have
affixed my official seal at my
Missouri, the day and year last
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hereunto set my hand and
office in Platte County,
above written.
JOAN M. SMITH
Notary Public • Stat9 of Missouri
Commissionod in Platte County
My Commission Expires May 5, 198f
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COUNTY OF PLATTE STA~E tl~ M8 ?'' ~' . ,
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