HomeMy WebLinkAbout2009-182 Purchase Property from JRolfBILL N0.2009-182
ORDINANCE N0.2009-182
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A REAL ESTATE
CONTRACT TO PURCHASE PROPERTY FROM JROLF DEVELOPMENT
COMPANY, LLC
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
(1) The Mayor is hereby authorized to sign in behalf of the City the attached Real
Estate Contract to purchase property from Jrolf Development Company, LLC.
(2) This ordinance shall be in full force and effect immediately upon passage.
ADOPTED AND APPROVED by the Board of Aldermen and Mayor of the City of
Riverside, Missouri, this 15~h day of December, 2009.
MA OR
ATE
C' Clerk
STATE OF MISSOURI SS
COUNTY OF PLATTE
I CERTIFY INSTRUMENT RECEIVED
2009 Dec 22 10:54:14 AM
INSTRUMENT #:2009 018108
RECORDED BOOK: 1151 PAGE: 34
FEE: E27.00 2-S
GLORIA BOYER, PLATTE CO. RECORDER
Electronically Recorded
KGTT-6789-09
GENERAL WARRANTY DEED
THIS DEED, Made and entered into on the d~day of December, 2009,by and between
Grantor: Jrolf Develo i t Com an L
Address: U ~v 12465 N 1CC , MO !c'f l ~ ~o
County of C u State of Missouri. and,
Grantee: City of
Address: Lob 7 e
County of Platt
Mailing Address
WITDTESSETH, that the said grantor, for and in consideration of the sum of One Dollar
and other valuable considerations paid by the said gra:nee, the receipt of which is hereby
acknowledged, does or do by these presents GRANT, BARGAIN, AND SELL, CONVEY
AND CONFIRM unto the said grantee, the Following described Real Estate, situated in the
County of Platte, State of Missouri as to-wit:
Legal Description:
Lots 7 and 8, ROSE VALLEY, a subdivision in Riverside, Platte County, Missouri.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same
belonging, unto the said grantee, and to the heirs and assigns of such party ar parties forever,
The said grantor party hereby covenanting that said party or parties and the heirs,
executors and administrators of such party or parties, shall and will WARRANT AND DEFEND
the title to the premises unto the said grantee, and to the heirs and assigrrs of such party or parties
forever, against the lawful claims of all persons whomsoever, excepting, however, the general
taxes for the calendar year ZQQ9 and thereafter, and special texas becoming a lien after the date of
this deed ~~~ (~~ 1 a~
Electronic Recording
Origins Document
Filed ~oZ a'o~ (~
F'~~k ---- Pag
e ,~
KC-IT-6789-09
GENERAL WARRANTY DEED
(INDIVIDUAL)
R
THIS DEED, Made and entered into on the _~d y of December, 2009,by and between
Grantor: Jrolf Develo meat Com an LLC
Address: U (~~ f24(,5 N I<C, My lc~fl (~o
County of C u State of Missouri, and,
Grantee: Citv of Riverside
Address: Lots 7 and 8, ROSE VALLEY, a subdivision in Riverside, Platte County, Missouri
County of Platte, Sta~(e of Misso~ ri, ( n ' -
Mailing Address : cl a ~~ 1/f /7y1 ~/~ ~ IU VQ ~~1 ~ a ~ ~l ~~~~ ~~
WITNES5ETH, that the said grantor, for and in consideration of the sum of One Dollar
and other valuable considerations paid by the said grantee, the receipt of which is hereby
aclmowledged, does or do by these presents GRANT, BARGAIN, AND SELL, CONVEY
AND CONFD2M unto the said grantee, the following described Real Estate, situated in the
County of Platte, State of Missouri as to-wit:
Legal Description:
Lots 7 and 8, ROSE VALLEY, a subdivision in Riverside, Platte County, Missouri.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same
belonging, unto the said grantee, and to the heirs and assigns of such party or parties forever.
The said grantor party hereby covenanting that said party or parties and the heirs,
executors and administrators of such party or parties, shall and will WARRANT AND DEFEND
the title to the premises unto the said grantee, and to the heirs and assigns of such party or parties
forever, against the lawful claims of all persons whomsoever, excepting, however, the general
taxes for the calendar year 2009 and thereafter, ands ecial taxes becoming a lien afrer the date of
this deed ~ (~, ~ ~p~ ~~ , ~ ~~ ~ '~~
WITNESS WHEREOF, the said grantor has or have hereunto set their hand or hands the day
and year first above written.
Grantors:
ev nt Compa ,LLC
y: olf, Manager
COUNTY OF L" C~~
ss.
STATE OF/~(~ )
aR~'
On this ~, of December, 2009, who personally appeared Jim Jrolf, Manager
of Jrolf Development Company, LLC, Grantors described in and who executed the
foregoing instrument, and acknowledged that they executed the same as their free act
and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year fir~a, ove written. n
My Commission Expires:
EMILY JONES
Notary Publlc, Notary Seal
State of Mlssourl
Jackson County
Commisslon # 0860733U
My Commisslon Explrea October 20, 2012
REAL ESTATE CONTRACT
HIS CONTRACT, made and entered into this _!9~ay of
20 ~ , by and between Jrolf Development Company, LLC, a Missouri invited Liability
Com any, "Seller", and CITY OF RIVERSIDE, MISSOURI, a Municipal Corporation, "Buyer".
WITNESSETH: Seller hereby sells to Buyer the following described real estate, together
with all improvements thereon, in Platte County, State of Missouri, to-wit:
Lots 7 and 8, Rose Valley, A Subdivision in Platte County, Missouri
Subject, however, to any recorded restrictions, easements, party wall agreements and
community contracts and subject also to any existing leases, tenancies and zoning laws, on the
following terms and conditions, to-wit:
1. The purchase price is Seventy Five Thousand Dollars ($75,000.00) -which Buyer
agrees to pay as follows: One Thousand Dollars ($1,000.00) at the signing of this contract, the
receipt whereof is hereby acknowledged by Seller and which is deposited with Integrity Title as
part of the consideration of the sale; the balance to be paid in the following manner: cash on
delivery of deed as herein provided.
Closing to occur on December 21, 2009.
2. Seller shall pay all taxes, general and special, and all assessments which aze due and
have accrued at the date of this contract and Buyer shall assume such taxes, assessments,
installments of unpaid special assessments becoming due thereafter, except that all general, state,
county, school and municipal taxes (exclusive of rebates, penalties or interest) payable during the
calendar yeaz in which the deed is delivered shall be pro-rated between Seller and Buyer on the
basis of said calendar year, as of the date of delivery of the deed. If the amount of any such tax
to be pro-rated cannot then be ascertained, proration shall be computed on the amount thereof for
the preceding year.
3. Buyer shall obtain at its costs an Owner's Title Insurance Policy in the amount of the
purchase price from a company authorized to insure titles in the state in which above said
property is located, insuring a merchantable fee simple title in Buyer as of the date of recording
the deed. Buyer shall have 10 days after delivery of the preliminary title report to examine it and
to advise Seller in writing as to any objections to title. Seller shall have any objections to title
corrected prior to closing. If such objections to title cannot be rectified by Seller prior to closing,
or if Seller cannot deliver a commitment for such title policy, this contract shall be null and void
(unless Buyer elects to waive such objections), and the money deposited aforesaid shall be
returned to Buyer.
4. HAZARDOUS SUBSTANCES: Seller hereby warrants and represents to the best of
his knowledge that there has not been, as of the date hereof, and that there will not have been, as
of the Closing Date, any "release" (as defined in 42 U.S.C. §9601(22) or threat of a "release" of
any "hazardous substances" (as defined in 42 U.S.C. §9601(14) on or about the Subject Property.
Seller hereby covenants and agrees to indemnify, protect and hold harmless Buyer from and
against any and all claims, demands, liabilities and costs, including attorneys' fees, arising from
(a) any "release" (as defined above) or threat of a "release", actual or alleged, of any "hazardous
substances" (as defined above) upon or about the Subject Property, or (b) any violation, actual or
alleged, of any law, statute, ordinance, rule or regulation of any governmental or quasi-
governmental authority, specifically including without limitation any environmental protection
or toxic waste or hazardous substance handling, treatment, storage or disposal laws, statutes,
ordinances, rules or regulations, upon or about the Subject Property.
5. If Seller has a merchantable fee simple title to said property, as aforesaid, Seller shall
deliver for Buyer at the office of Integrity Land Title Company, a General Warranty Deed,
properly executed and conveying said property free and clear of all liens and encumbrances
whatsoever, except as hereinabove specified; Buyer shall- thereupon pay the balance of said cash
payment. Closing shall be handled by Integrity Land Title Company.
6. If before delivery of 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 may, at his option, enforce this contract (and, if so, shall be
entitled to the receipt of insurance payable as a result of such destruction or damage) or may
cancel it by written notice ten (10) days thereafter.
7. If Seller has kept his part of this contract, and Buyer fails to do so, within five (5) 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.
IN WITNESS WHEREOF, said parties hereunto subscribe their names. Executed in
triplicate.
05 ~ ~ ~9
SE R B YER
COMMERCIAL AGENCY AND BROKERAGE
_ ~~ ~°~ ~; DISCLOSURE ADDENDUM
SELLERMNDLORD: J. JrOIf D@VelOpm@ftt, LLC
BtIYER/reNANT: The City of Riverside, Missouri
PROPERTY ADDRESS: Lots 7 and 8, Vivion Road andKarenBlvd. RIV@rSld@ Platte MISSOUri 64150
Street Address City County State Zip
DATE OF CONTRACT:
THE FOLLOWING DISCLOSURE IS MADE IN COMPLIANCE WITH MISSOURI AND KAN8A8 REAL ESTATE LAWS AND RULES
AND REGULATIONS. APPLICABLE SECTIONS BELOW MUST BE CHECKED, COMPLETED, 81GNED AND DATED FOR BOTH
SELLER AND BUYER
Seller/Landlord and Buyer/Tenant acknowledge that the real estate Licensee involved in this transaction may be acting as agents of the
Seller/Landlord, agents of the Buyer/Tenant, Transaction Brokers or (In M/ssou~/ only) Disclosed Dual Agents. LICENSEES ACTING AS
AN AGENT OF THE SELLERILANDLORD HAVE A DUTY TO REPRESENT THE SELLER'SMNDLORD'S INTEREST AND WILL
NOT BE THE AGENT OF THE BUYERITENANT. INFORMATION GNEN BY THE BUYERfrENANT TO A LICENSEE ACTING AS AN
AGENT OF THE 8ELLERILANDLORD WILL BE DISCLOSED TO THE 8ELLERMNDLORD. LICENSEES ACTING AS AN AGENT
OF THE BUYER/TENANT HAVE A DUTY TO REPRESENT THE BUYER'S/TENANT'S INTEREST AND WILL NOT BE AN AGENT OF
THE SELLER/LANDLORD. INFORMATION GIVEN BY THE 8ELLERMNDLORD TO A LICENSEE ACTING AS AN AGENT OF THE
BUYERITENANT WILL BE DISCLOSED TO THE BUYERITENANT. LICENSEE8 ACTING IN THE CAPACITY OF A TRANSACTION
BROKER ARE NOT AGENTS FOR EITHER PARTY AND DO NOT ADVOCATE THE INTERESTS OF EITHER PARTY. LICENSEES
ACTING AS DISCLOSED DUAL AGENTS ARE ACTING AS AGENTS FOR BOTH THE SELLERMNDLORD AND THE
BUYER/TENANT. (Note: A separete Dual Agency Disclosure Addendum Is required). SELLER/LANDLORD AND BUYERITENANT
HEREBY ACKNOWLEDGE THAT THE BROKERAGE RELATIONSHIPS WERE DISCLOSED TO THEM OR THEIR RESPECTNE
AGENTS AND/OR TRANSACTION BROKERS NO LATER THAN THE FIRST SHOWING, UPON FIRST CONTACT,, OR
IMMEDIATELY UPON THE OCCURRENCE OF ANY CHANGE TO THAT RELATIONBHIP.
Licensee Assisting Seller/Landlord N acting as: (Check appl/cable)
~Seller's/Landlord's Agent
Designated Seller's/Landlord's Agent (Supervising Broker ads as Trensaction Broker)
^ Transaction Broker
^ Discosed Dual Agent (MbtsouAonl~D/aclosed Dual Agency Addendum Is requlmd)
^ N/ASeller(s) is not represented
^ Sub Agent
Licensee Assisting Buyer/Tenant is acting as: (Check appllcable)
^ Sellet's/Landlord's Agent
^ Buyer'slrenant's Agent
^ Designated Seller's/Landlord's Agent (Supervising Broker acts as Transaction Broker)
^ Designated Buyet'slrenanYs Agent (Supervising Broker ads as Transaction Broker)
^ Trensadion Broker
Disclosed Dual Agent (Mlssourl only-D/sclosed Dual Agency Addendum M requlrual
N/A, Buyer(s) is not represented
Sub Agent
PAYMENT OF COMMISSION: All licenseea(s) indicated above will be paid a commission at closing of the sale of the property as
follows: (c. hgdc applicable paragraph)
Seller/Landlord to Pay all Licensees. All Licensees(s) will be paid from the Seller's funds at dosing accorcing to the
terms of the Listing or other Commission Agreement.
^ Buyer/Tenant to Pay Buyer's Agent. Seller/Landlord's Licensee, if any, will be paid from the Seller's funds at closing
according to the terms of the Listing Agreement. Buyerlrenant's Agent will be paid from the Buyers funds according to the
terms of the Buyerlrenant Agency Agreement.
CAREFULLY READ THE TERM8 HEREOF BEFORE 81GNING. WHEN SIGNED BY ALL PARTIES, THIS DOCUMENT BECOMES
PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. THE
PARTIES EXECUTING THIS CONTRACT REPRESENT AND WARRANT THAT THEY ARE LEGALLY AUTHORIZED TO DO 30.
sell estate in the in Ich the Property is located.
' ~o~ I~~
B ENANT DAT
BUYER/TENANT
DATE
LICENSEE ASSISTING BUYER(rENANT DATE
Approved by Legal Counsel of the Kansas Chy Repbnal Assodetbn d REALTORS®for exclusive uee lry Its REALTOR®memtroro. No wanaMy is made or Implied as to the
lapel validity or adequacy of this Con4act, or that h complies in every rasped with the law or that Ile ues Is appropriate for all situatbns. Local law, customs and practices, and
dHferinp dnwmstences In each tranaedion may didata that amendments to this Conaact be made. Copyrlpht January 2008. Last revised 06/04. All provlous verolona o} this
document may no longer be valid.
Prin4eo Uelna ProreeNOnal Compubr FOme Co. On11ns Force Sollvnro 1Poa