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HomeMy WebLinkAbout2010-012 Real Estate Contract 4775 NW Gateway Dr.RESOLUTION NO. R-2010-012 A RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT IN CONNECTION WITH THE PURCHASE OF PROPERTY LOCATED AT 4775 NW GATEWAY DRIVE. WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a real estate contract for the purchase of property located at 4775 NW Gateway Drive according to the terms and conditions set forth in Exhibit "A" attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Mayor is hereby authorized to execute and deliver the Real Estate Contract by and between WTV1/, LLC and the City of Riverside, Missouri in substantially the same form as attached hereto as Exhibit "A" and the City Clerk is authorized to attest thereto; FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such Real Estate Contract and to effectuate the purchase of real property contemplated therein and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the ~.~day of , 2010. G~ Kathleen L. Rose, Mayor ATTEST: ~~ Robin Littrell, City Clerk Approved as to Form: Tho pson, City Attorney ~r of RIVER51 S 0. Upstream from ordinory. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: April 29, 2010 AGENDA DATE: May 4, 2010 TO: Mayor and Board of Aldermen FROM: Michael Duffy RE: Real Estate Acquisition at 4775 NW Gateway Drive BACKGROUND: As Part of the Line Creek bridge replacement project on Vivion Road, the entrance to Homestead will be relocated to NW Gateway Drive. This is being done to reduce bridge costs, improve vehicle and pedestrian safety, and minimize the impact of floodplain on municipal infrastructure. Relocation of the Homestead Road requires the purchase of three (3) properties from two (2) owners. The City has negotiated a contract with the owner for these two (2) properties at a cost of $ 125,000. The remaining parcel, located in Homestead, is already under contract. After acquisition of all parcels is complete, the structures located in Homestead will be used for training exercises and then demolished. After demolition, the properties will be cleared for construction. RECOMMENDATION: Staff recommends approval of the resolution as it is consistent with the adopted capital budget for the project BUDGETARY IMPACT: A total of $300,000 was allocated to this project for land acquisition. $125,000 is being used to acquire the WTW property and $170,000 is being used to acquire the Arbuckle property in Homestead. There is no additional impact on the budget. http://maps.co.platte.mo.us/website/ureca hvmap/MapFrame.htm 2010-04-15 ArcIMS Viewer Page 1 of 2 Gunn, Shank&Stover A PROFESSIONAL CORPORATION April 16, 2010 Via facsimile 816/584-9394 ~, Brian R. Hall, Esquire 4131 N. Mulberry Drive, Ste. 200 A1fORN EYS ar ~.w Kansas City, MO 64116 R. MICHAEL GUNN Dear Brian: JOHN R. SHANK, JR. DAVID C. STOVER GREGORY A. CARPENTER CURTIS G EYLAR 1 am enclosing here~=,~ith triplicate originals of the REAL ESTATE CONTRAC . PHILIP 0. WILLOUGHBY, JR. which has been executed by a Member on behalf of WTW, LLC. MATTHEW J. CHIASSON ANDREW G. GOFFINET RYAN J. SPRINGER The enclosed will constitute an offer to sell. This needs to be accepted by t e OF COUNSEL er within seven days of receipt thereo . Bu ARNOLD R. DAY, JR. y STEPHEN G. SANDERS KENNETH H. CRUMPLER Thanks. & STOVER By R. Michael Gunn RMG/caf cc: Sandy Tatman (with enclosures) via facsimile 816/468-9199 9800 N.W. POLO S U I T E 1 0 0 KANSAS CITY, MO 64153 T - 816.454.5600 F-816.454.3678 WWW.GUNNSHANK.COM ~, REAL ESTATE CONTRACT THIS CONTRACT, made and entered into this . 7`"~ day of / 1/l _, 20 ~ ~ , by aiid between WTW, LLG, "Seller", and CITY.OF RIVERSIDE, ISSOURI, a . Municipal ,Corporation, •"Buyer". or : "City". WITNESSETH: Seller hereby sells to Buyer~the following described real estate, together with all improvements thereon; including; if any, cenhal 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 awnuigs in Platte county, State of Missouri, to-wit: ~ . . See Attached Legal Description (herein "the Property"). Subject, however, to .all .matters of record including but not limited to any recorded restrictions, easements, 'party' wall agreements and community contracts and subject also to any existuig leases, tenancies and. zoning laws, on the, following terms and conditions, to-wit: 1: The purchase price is One .Hundred Twenty Five Thousand Dollars ($125,000..00) which Buyer agrees to .pay as follows: .One Thousand Dollars ($1,000.00) at the signing of,this coiitract.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 as a primary consideration hereunder. As a primary consideration hereunder City also agrees to allow Seller to build a parking lot on a portion of its remaining property so long as built to city standards. City further agrees that it will allow said parking lot to have a curb cut onto city's..proposed new adjacent road. Closing to ocCur~as soon, as reasonably possible but no later than May 15, 2010. 2. Seller shall pay all taxes, general and special; and all assessments which are due aiid have accrued at the date of this contract in regard to the Property 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~clate of delivery of the deed. If the amount of any such tax'to bepro=rated cannot thenbe ascertained, proration shall be computed on~the amount thereof for the preceding year., 3. Buyer shall obtain. at its ,costs an Owner's Title bisurance 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 of the Property as of the date of recording the deed. Buyer shall have 10 days after delivery o1 the preliminary title report to examine it and to advise Seller in writing as to; any objections to title.; Seller shall make ~~ -~ reasonable efforts to remove such objections prior to closing prpvided however that Seller shall not be obligated to expend. funds or otherwise obligate itself 'in order to remove any such objections. If such. objections are.. notremoved prior to closing, this contract may at Buyer's option be null and' void (unless Buyer elects to waive such objections), and the money deposited aforesaid shall be retunned to Buyer. • 4. HAZARDOUS SUBSTANCES: Seller makes no;representation or warranty as to .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) pn or about the Property. Seller shall not be responsible or liable for any and all claims, cleniazids,~• liabilities and costs, includng 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 Property, or (b) airy 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 Property.., Seller shall make the Property available to Buyer anti its agents for purposes of conducting such tests and inspections as are necessary to determine.the existence of arty Hazardous`5ubstances or other defects in and on the Property. All inspections and tests shall be at Buyer's sole expense and risk and Buyer shall hold Seller harmless from any and all liability or •ciamage arising therefrom. The Property shall be returned its. original state and condition upon the completion thereof. All inspection reports shall remain confidential pending closing. and. copies of all reports shall promptly be provided. Seller. 5. If Seller has a merchan'table•fee simple. title to said property,.as aforesaid, Seller shall deliver for. Buyer at the office of`Integrty Land •Title Cbmpany, .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~ ariy cause that could be.•covered by what is known as extended coverage insurance, $uyer may, at his option; enforce this contract (and, if so, shall be entitled to .the receipt of insurance payable as a result: ofsucli destruction or damage) or may cancel it by written notice ten •(10) days tliereafter: 7. Time is of the essence of this contract. 8. Buyer represents •and warrants . that.it has obtained all authorizations and approvals necessary :to enter into and fully perform its •obligations • under this Agreement and Buyer represents that the Property is being purchased from Seller under threat of condemnation. IN WITNESS WHEREOF, said parties hereunto .subscribe their names. Executed in triplicate. ~ • •• ~... ., LEGAL DESCRIPTION A tract of land in the Northeast Quarter of Section 4, Township 50, Range 33, in Riverside, Platte County, IVlissouri, described as follows: Beginning at a point 50.0 feet East of the Southwest corner of the Southeast Quarter Section 33, Townsl~ip 51, Range 33; thence North along a line 50.0 feet from and parallel to the West line of the Southeast Quarter of said Section 33, 72.28 feet; thence North 89 degrees 59 minutes East 118.55 feet; thence South 27 degrees 42 minutes East 75.69 feet; thence South and parallel to the west line ofi the Southeast Quarter of said Section 33, 4.81 feetr~to a point on the South line of said Section 33, said point being also on 'the North line of Section 4, Township 5G, Range 33; thence continuing South and parallel to the West line of the Northeast Quarter of said Section 4, 147.66 feet; thence South 89 degrees 52 minutes West 153.78 feet to a point 50.0 feet from the W~~st iine of the Northeast Quaker of said Section 4; thence North along a line 50.0 feet from the parallel to the Ulfest line of the Northeast Quarter of said Section 4, 147.75 feet to the point of beginning; said point being also on the North line of Section 4, Township 50, Range 33, EXCEPT the South .25 feet thereof and that part of the above described tract that lies in said Section 33, Township 51, Range 33. . AND; Beginning at a point 50 feet East and 72.28 feet North cf the Southwest corner of the Southeast Quarter of Section 33, To~nmship 51, Range 33, thence North 76 feet along a line 50 feet frarn and parallel fo the Jest line of the Soutl7east Quarter of said Section 33; thence North 89 degrees 59 minutes East 423 feet; thence South and parallel with the West line of the Southeast Quarter of said Section 33, 147.7 feet to a point on the South line of Section 33, Township 51, Range 33; said point being also on the North fine of Section 4, Township 50, Range 33; thence thence continuing South and parallel with the West fine of the Northeast Quarter of said Section 4, '147.5 feet; thence South 89 degrees 52 minutes West, 269.22 feet; thence North along a line 203.78 feet from and parallel with the West {ine of the Northeast Quarter of said Section 4, 147 66 feet to a point on the North line of Section 4, Township 5U, Rangn 33, said point being also on the South line efi Section 33, Township 51, Range 33, tl°~enca continuuzg North along a trine 203.78 feet from and parallel with the West line of the Southeast t~uarter of Section, 33, 4.81 feot; thence North 27 degrees 42 minutes West 75.69 feet; thence South 89 degrees, 59 minutes West 118.55 feet to the point of beginning, in Platte County, Missouri, EXCEPT that part of the above described tract that lies in said Section 33, Township 51, Range 33.