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Home My WebLink About2010-021 Purchase property for parkBill No. 2010-021 Ordinance No. 2010-021 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE REAL PROPERTY LOCATED SOUTH OF 50TH STREET AND WEST OF GATEWOODS TO BE USED FOR PARK PURPOSES BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: (1) The Mayor is hereby authorized to sign the attached real estate contract and any and all other necessary documents to affect the purchase of real property located south of 50`" Street and west of Gatewoods to be used for park purposes. (2) This ordinance shall be in full force and effective immediately upon passage. ADOPTED AND APPROVED by the Board of Aldermen and Mayor of the City of Riverside, Missouri this 2"d day of March, 2010 ' l ' Q city Clerk , ., l Mayor Kathleen L. Rose REAL ESTATE CONTRACT THIS CONTRACT, made and entered into this ~ day of Imp ~~1-, , 20 ~ o , by and between DKS, LLC, "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, including, if any, central air conditioning, lighting, heating and plumbing equipment and fixtures, attached mirrors and linoleum, window and porch shades, venetian blinds, storm windows and doors, screens, curtain and drapery rods, and awnings in Platte county, State of Missouri, to-wit: A tract of land in the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being bounded and described as follows: Beginning at the Southwest comer of Lot 7, HANSEN HEIGHTS, a subdivision of land in Riverside, Platte County, Missouri, according to the recorded plat thereof, said corner being also on the South line of said Southwest Quarter; thence North 88° 55' 25" West along said South line 959.22 feet to a point on the Easterly right-of--way line of Interstate Route 635 said point being 337.17 feet from the Southwest comer of said Southwest Quarter; thence North 0° 12' 22" West along said Easterly right-of--way 175.94 feet; thence North 12° 31' 32" East continuing along said right-of--way line 226.88 feet; thence North 3° 15' 07" East continuing along said right-of--way 321.47 feet; thence North 5° 46' S0" West continuing along said right-of--way line 144.72 feet; thence continuing along said right-of--way line on a curve to the right, having a radius of 2,699.79 feet, an arc distance of 101.39 feet; thence South 79° 25' 12" East departing from said right- of-way 241.98 feet; thence South 59° 25' 12" East 264.0 feet; thence South 54° 25' 12" East 198.0 feet; thence South 89° 25' 12" East 267.13 feet; thence South 0° 27' 26" West along the West line and the Northerly prolongation thereof of Lot 7, said HANSEN HEIGHTS, 683.33 feet to the point of beginning. Subject to that part on the North now being used for road purposes. Subject, however, to any recorded restrictions, easements, party wall agreements and community contracts and subject also to any existing leases, tenancies and zoning laws, and further subject that two 10,000 square foot +/- lots shall before closing be excepted from the above description to be located by the City along the northern portion of the property and fronting on 50"' Street; on the following terms and conditions, to-wit: attached as Exhibit A. 1. The purchase price is Two Hundred Fifty Thousand Dollars ($250,000.00) 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 as soon as possible. 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 year 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 yeaz. 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 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 cleaz 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 aze 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. 8. Seller at its sole cost shall be responsible for all surveys, plats, title work and closing costs involved in the purchase of aforementioned property to include costs relating to the lot splits of said 10,000 + square foot lots (2). IN WITNESS WHEREOF, said parties hereunto subscribe their names. Executed in triplicate. DKS, LLC By: SELLER C /~1U.il~ /~~~.a~ CITY OF RIVERSIDE, MISSOURI By: Attest: BUYER 4 ~ ~ Q ~ ~ ~ ~ • 8 ~J ~ . • ..... ~. . ~ ~ ArcIMS Viewer ~ ~ ~1 ~x b a 10, o0o st~ ~ l o~ s Lota~;ov~ Page 1 of 2 nttp:s`~`maps.ctn.piatte.an:~.as;~~~~ebsitc.'urcca ~;~inapt'~~~p~ra~e.~+ ?`37,'Lfllfl