Major Absolute Land Auction
Sat - October 16th - 10AM
HELD AT THE ROY BLUNT YMCA IN BOLIVAR, MO
Property Owner: David D. Cribbs Family Limited Partnership
Auctioneer’s Note: Due to the recent death of David Cribbs, we will liquidate the real estate holdings of the David D. Cribbs Family Limited Partnership at ABSOLUTE PUBLIC AUCTION. Mr. Cribbs was a very active commercial real estate developer and rancher in the Polk County and Southwest Missouri areas for many years. Developed by Mr. Cribbs in the late 1990’s, “Impressive Acres” was named after the famous quarter horse “Impressive” bred by Wayne Engledow who owned the property prior to Mr. Cribbs. This property features prime commercial locations that would perfectly suite and number of business operations as well as residential and agricultural tracts. Additionally, we will be selling 18± Acres on Lillian St. in Bolivar which features prime development potential for single and multi-family residences. Don’t miss this opportunity to BID YOUR PRICE on these outstanding properties.
Auction Location: Roy Blunt YMCA ● 1710 W. Broadway ● Bolivar, MO
Directions: From the Bolivar Square travel west on W. Broadway approx. 1 mi. to the Roy Blunt YMCA on the south side of the road. Watch for Diamond S “Auction Today” signs!
Auction Terms & Conditions
This is important information! Please review it carefully and contact us at 1-877-907-3000 with any questions.
1. This is an absolute auction. Per contractual agreement with the seller this property will be sold to highest bidder regardless of price. There are no minimums and no reserves.
2. There is no buyer’s premium. The amount of the high bid will be the purchase price of the property.
3. A down payment based on the purchase price will be paid at the close of Auction. Down payment amounts shall be subject to the following scale:
$300,000 and below: $15,000.00
301,000 – $500,000: $25,000.00
501,000 – $1 Million $35,000.00
Above $1 Million $50,000.00
Purchase of the Entire Property: 5% Uncapped down payment will be required.
4. Balance of purchase price is due in cash at closing. Closing costs will be shared equally between Buyer(s) and Seller.
5. The sale of the real estate is not subject to any contingencies nor conditional upon financing.
6. The Seller shall provide a title search and a Warranty Deed. The cost of title insurance shall be at Buyer’s expense if Buyer elects to secure a title insurance policy.
7. The Seller shall pay the 2020 and all prior year’s real estate taxes; real estate taxes for 2021 shall be prorated to the date of closing.
8. If the Seller determines that a boundary survey is required to establish a legal description, then a survey shall be prepared by Shuler Land Surveying of Bolivar, MO. The Seller and Buyer(s) shall share equally in the cost of the survey. Tracts purchased in combination shall receive a perimeter survey only, if any. In the event that an existing legal description is available then no survey will be required and as such, a survey will not be conducted.
9. The locations of the tract signs on the parcels are approximate. These signs are not survey markers nor are they substitutes for survey markers, there may be a difference of several feet in any direction between the location of the tract sign and the actual location of a boundary line.
10. The acreage estimates for each tract were developed using GIS satellite technology. These are fairly accurate estimates, however they are only estimates. Therefore, the bid price for unimproved tracts or combinations of unimproved tracts shall be adjusted at closing to reflect the results of any required survey work, if the surveyed acres are different than the estimated acres. It is important to note that this adjustment shall reflect both additions to and subtractions from the estimated acres and subsequently the final purchase price. However, there shall be no prorated price adjustment for any tract or combination of tracts that contain building improvements.
11. Possession shall not be granted until closing. No Buyer may inhabit the dwelling, make physical changes to any structure or land, stock the farm with cattle or other livestock, harvest any crop nor store any items on the premises. Closing shall take place within 60 days from today at Polk County Title Co. in Bolivar.
12. The seller may choose to qualify the sale of the property under Section 1031 of the Internal Revenue Service Code (tax deferred exchange). Buyer(s) shall cooperate with said exchange and shall be held harmless from any and all claims, costs, liabilities, or delays in time resulting from such an exchange. Buyer agrees to an assignment of this contract by the Seller.
13. The sale of the property does not include items that are portable in nature or items that have been specifically advertised separately from the property. This shall include but is not limited to: feeders, portable corral panels, propane tanks, livestock chutes, etc.
14. In the event that the property sells in tracts and water or septic lines happen to cross a boundary line onto an adjacent tract the Buyer(s) of the adjacent tracts(s) shall be required to grant the easements necessary for the operation and maintenance of such systems. Furthermore, Buyers of any and all tracts shall be required to grant the easements required by the local power company to supply electrical service to each tract.
15. There may not be fence lines separating the tracts of each parcel. Neither the Seller nor the auction company shall be responsible for any new fencing. New fencing shall be the sole responsibility of the Buyer(s).
16. Your bids are to be based solely upon your inspection. All real estate is being sold “as-is” without physical warranty of any kind. The Seller and the agents of Diamond S Auction & Real Estate Co. shall not express or imply any warranty or guarantee of any specific zoning classifications, location of utilities, and assurance of building permits, water or septic permits. All informational drawings and descriptions are intended as approximations only and should NOT be considered absolute. Confirmation of the accuracy of said informational drawings and descriptions shall be the sole responsibility of the buyer to their own satisfaction. No warranties or guarantees as to the condition of the well(s) are made by the Seller or Auction Company. In short, all property is being sold “AS IS” with no guarantees of any kind.
17. All real estate is being sold subject to any existing recorded easements. Existing recorded leases, if any, will be assigned to the Buyer.
18. At the close of the auction, Buyer(s) will be required to execute an Agreement to Purchase Real Estate and Addendum(s). This agreement is available for your review. The terms of this agreement and addendum(s) are non-negotiable.
19. Please keep in mind that the Agreement to Purchase Real Estate you will be signing at the close of the auction will be drawn up based on the manner in which you bid. You will be closing on the tract or combination of tracts on which you are the successful bidder in the manner in which you bid at the auction.
20. Diamond S Auction & Real Estate Company, Inc. and its representatives are the exclusive agents of the Seller. Any announcements made by the auctioneers shall take precedence over this and any other printed material.
1. The existing paved roadway extending north from MO-32 through the middle of the property and the existing paved roadway running east and west from MO-13 to S. 95th along the northern end of the property, was built to the specifications of the City of Bolivar. However, said roadways have not been transferred to the city. Therefore, until such time as the roadway is turned over to and accepted by the City of Bolivar. The roadway shall be deemed an easement. Buyers of tracts having frontage along said roadway easements shall share the costs of roadway maintenance equally. Said easement shall be surveyed and recorded regardless of necessity for ingress and egress.
2. The billboards located on the southwest corner of Tract 20, eastern side of Tract 10 and northern corner of Tract 7 and an area of 70’x40’ surrounding said billboards are being retained by the seller. The buyer(s) of Tracts 7, 10 and 20 shall agree to, with prior notice, allow reasonable ingress and egress by the sign owner or sign personnel contracted by the sign owner during normal weekday business hours for the purposes of maintaining, and repairing the billboards. Said ingress and egress shall be made in such a way so as not to inhibit normal business or other activities which take place on the property nor create a nuisance.
3. Public water and sewer access shall be made available to all tracts subject to regulatory and engineering requirements set forth by the City of Bolivar. Buyers of any and all tracts shall agree to grant the necessary easements required by the municipality to supply public water and sewer service to all tracts. The costs of extending water and sewer lines, additional necessary engineering and infrastructural equipment shall be the be sole responsibility of the buyer(s) receiving said public water and sewer services.
4. The existing unpaved easement extending north between Tracts 10 and 11 servicing the storage business north of Tract 11 shall remain open and unobstructed to allow for ingress and egress of business employees and patrons.
5. There are currently no restrictive covenants in place for the property. City building codes and regulations apply.
1. Tracts 4 & 5 are separated by an undeveloped roadway owned by the City of Bolivar. This area has been and is currently being maintained by the Cribbs Family Limited Partnership but is property of the City of Bolivar.
2. There are currently no restrictive covenants in place for the property. City building codes and regulations apply.
3. Public water and sewer access shall be made available to all tracts subject to regulatory and engineering requirements set forth by the City of Bolivar. Buyers of any and all tracts shall agree to grant the necessary easements required by the municipality to supply public water and sewer service to all tracts. The costs of extending water and sewer lines, additional necessary engineering and infrastructural equipment shall be the be sole responsibility of the buyer(s) receiving said public water and sewer services.
1. The 40’ non-existing easements depicted on the tract map running north and south between Tracts 4 & 5 servicing Tracts 11, 12 and 13 and along the west side of Tract 8 servicing Tracts 9 & 10 and between Tracts 22 & 23 servicing Tract 24 shall only be surveyed and recorded if it is necessary for ingress and egress. Furthermore, this easement shall extend only as far south as is minimally necessary to provide ingress and egress to the subject tracts. If other access is available (either from a frontage on a public roadway or adjoining property of which the buyer is party to) no easement will be required and therefore none shall not be surveyed or recorded. Beneficiaries of said easements shall share the costs of opening the easement and construction/maintenance of a roadway equally.
2. The easement running northwest and southwest along the eastern sides of Tracts 17, 18 & 19 shall be surveyed and recorded regardless of necessity for ingress and egress. Beneficiaries of said easements shall share the costs of opening the easement and construction/maintenance of a roadway equally.
3. The well located on Tract 5 is currently servicing livestock waterers located on Tracts 4, 11 & 12. In the event that these tracts sell to different buyers. The buyer of Tract 5 shall determine whether or not the well may continue to be used for these purposes. Any and all agreements for shared well usage shall be solely between the buyers of the affected tracts.
4. The livestock waterers located on Tracts 14 & 15 are currently being serviced by wells located on neighboring properties not owned by the seller. Continued usage of these wells for their current purposes shall be the sole decision of the owners of the neighboring properties.
5. The billboard located on the northwest corner of Tract 1 and an area of 85’x40’ surrounding it are being retained by the seller. The buyer of Tract 1 shall agree to, with prior notice, allow reasonable ingress and egress by the sign owner or sign personnel contracted by the sign owner during normal weekday business hours for the purposes of maintaining, and repairing the billboards. Said ingress and egress shall be made in such a way so as not to inhibit normal business or other activities which take place on the property nor create a nuisance.
6. The pet grooming/boarding business surrounded by Tract 4 is owned by another party. The easement running along the northern side of Tract 3 servicing this property shall remain open and unobstructed to allow for ingress and egress of the business employees and patrons.
ALL THREE PARCELS BEING SOLD AT THIS AUCTION ARE LOCATED IN OPPORTUNITY ZONE PROGRAM AREAS
About Opportunity Zones: Created under the 2017 Tax Cuts and Jobs Act, Opportunity Zones are designed to encourage long-term investment and job creation in certain areas. Opportunity Zones comprise 8,764 “census tracts” across the nation which were nominated by State executives and certified by the Federal Government. The Opportunity Zones tax incentive is designed to spur economic development and job creation in these communities by providing preferential tax treatment for those investing eligible capital gains into Opportunity Zones through investment vehicles known as Qualified Opportunity Funds (QOF’s). An investor can defer taxes on any prior eligible gain to the extent that a corresponding amount is invested in an Opportunity Zone. For more information about Opportunity Zones and Qualified Opportunity Funds visit IRS.gov or your tax professional.
Parcel 1 – 127 +/- Acres
Property Location: At the intersection of MO-13 & MO-32 ● Bolivar, MO
Directions to Property: From the square in Bolivar, MO travel west on W. Broadway approx. 1½ mi. to the Propery. Watch for Diamond S Auction & Real Estate Co. signs!
Directions to Property: From I-44 and Kansas Expy. in Springfield, MO travel north on MO-13 approx. 29 mi. to the property (Behind Kum & Go). Watch for Diamond S Auction & Real Estate Co. signs!
Property Overview: This parcel features 127± total acres in the city limits of Bolivar, MO and the Federal Opportunity Zone Program. The property is being offered in 20 tracts or combinations. Extensive infrastructure including asphalt roadway easements with curb & gutter (to City of Bolivar specifications), runoff detention pond and city water and sewer are currently in place on the property. This property presents a unique and tremendous real estate investment opportunity with an excellent location, over three-quarters of a mile of frontage along MO-13, nearly a half-mile of frontage along MO-32, great road access, high visibility and large traffic volume.
Parcel 1 Tract Map
Tract Descriptions:
Tracts 1 & 2: 2± Acres Each ● Tract 3-6: 3± Acres Each ● Tract 7: 6± Acres ● Tracts 1-7 Feature: Excellent Frontage and Visibility From MO-13 ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer ● C-2 Zoning ● Prime Commercial Locations Ready for Further Development (Note: The billboard on Tract 7 and an area 40’x70’ surrounding it is being retained by the owners and is not included with the property. See auction terms for details.)
Tract 8: 5± Acres ● Tract 9: 2± Acres ● Tracts 8 & 9 Feature: Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer ● C-2 Zoning ● Excellent Commercial Locations Ready for Further Development
Tract 10: 14± Acres ● Tract 11: 6± Acres ● Tracts 10 & 11 Feature: Excellent Frontage and/or Visibility From MO-13 ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water ● City Sewer Access ● Excellent Commercial Locations Ready for Further Development ● Tract 10 is Zoned C-2 and Tract 11 is Zoned C-2 and R-1 ● The easement running north and south along the west side of Tract 10 and the east side of Tract 11 shall remain to allow ingress and egress to the storage facility to the north of Tract 11. (Note: The billboards on Tract 10 and an area 40’x70’ surrounding each it is being retained by the owners and is not included with the property. See auction terms for details.)
Tract 12: 9± Acres ● R-1 Zoning ● Frontage on S 95th Rd.
Tract 13: 10± Acres ● 50% C-2 & 50% R-1 Zoning ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer Access
Tract 14: 8± Acres ● Tract 15: 15± Acres ● C-2 Zoning ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer Access
Tract 19: 13± Acres ● C-2 Zoning ● Frontage on S. 95th Rd. ● City Water & Sewer Access
Tract 20: 10± Acres ● Corner Tract ● C-2 Zoning ● Frontage on S. 95th Rd. ● City Water & Sewer Access (Note: The billboard on Tract 20 and an area 40’x70’ surrounding each it is being retained by the owners and is not included with the property. See auction terms for details.)
Parcel 1 Map with Zoning Overlay
About C-2 Zoning: The “C-2” General Commercial District is intended for the purpose of allowing basic retail, service and office uses in addition to those normally permitted in neighborhood centers. This district is also intended to provide locations for commercial activity that do not require a central location downtown but do require a location easily accessible to the downtown shoppers. Business uses needing large floor area, particularly those of a service nature not compatible with Central Business District uses, are included in this district.
About R-1 Zoning: The “R-1” Single-Family Dwelling District is established for the purpose of low-density, single-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.
Parcel 2 – 18+/- Acres
Property Location: S. Lillian Ave. ● Bolivar, MO
Directions to Property: From the square in Bolivar, MO travel west on W. Broadway approx. ¼ mi. to S. Lillian Ave. Turn south on S. Lillian Ave. and travel approx. ½ mi. to the property on the west side of the road. Watch for Diamond S Auction & Real Estate Co. signs!
Property Overview: This parcel features 18± total acres in the city limits of Bolivar, MO and the Federal Opportunity Zone Program. The parcel is being offered in 5 Tracts or Combinations. Zoned R-3, this parcel features excellent opportunity for single family and duplex development. The back of the property is bordered by the Ozarks Greenways Frisco Highline Walking Trail. The property is nearly all open and features gently rolling topography. City water and sewer is available. Tracts 4 & 5 are separated by an unused city road right of way.
Parcel 2 Tract Map
Tract Descriptions:
Tract 1: 4± Acres ● Frontage on S. Lillian Ave
Tract 2: 0.5± Acres ● Frontage on S. Lillian Ave
Tract 3: 4± Acres ● Frontage on S. Lillian Ave
Tract 4: 5.5± Acres ● Frontage on S. Lillian Ave
Tract 5: 4± Acres ● Access from W. South St.
All Tracts are Zoned R-3
About R-3 Zoning: The “R-3” Two-Family Dwelling District is intended for the purpose of allowing a slightly higher density than in Districts “R-1” and “R-2,” yet retain the residential qualities. This district allows duplexes, single-family homes, home occupations, certain community facilities and certain other special uses.
Parcel 3 – 377+/- Acres
Property Location: West MO-32 ● Bolivar, MO
Directions to Property: From the square in Bolivar, MO travel west on W. Broadway (MO-32) approx. 2½ mi. to the property on the south side of the road. Watch for Diamond S Auction & Real Estate Co. signs!
Directions to Property: From I-44 and Kansas Expy. in Springfield, MO travel north on MO-13 approx. 29 mi. to MO-32. (Third Bolivar Exit) Exit and turn west on W. Broadway/MO-32 and travel approx. ½ mi. to the property on the south side of the road. Watch for Diamond S Auction & Real Estate Co. signs!
Property Overview: This parcel features 377± total acres offered in 25 tracts or combinations. Located just outside the Bolivar city limits but inside the Federal Opportunity Zone Program, this property features excellent opportunities for home sites, commercial developments, residential subdivisions and agricultural uses. The property is nearly all open and features gently rolling topography and excellent grassland. Three tracts feature building improvements including a barn and water well on Tract 5, a barn on Tract 4 and a residential home on Tract 19. The property has over a half-mile of frontage along MO-32, a quarter-mile of frontage along MO-13 and additional frontage along MO-T on the south side of the property.
Parcel 3 Tract Map
Tract Descriptions:
Tract 1: 8±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● (Note: The billboard on Tract 1 and an area 40’x85’ surrounding it is being retained by the owners and is not included with the property. See auction terms for details.)
Tract 2: 20±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ●
Tract 3: 4±Acres ● Frontage along MO-32 ● Excellent Commercial Site ● Existing Driveway Easement Providing Ingress and Egress to the Pet Grooming/Boarding Business ● White Vinyl Fencing ●
Tract 4: 6±Acres ● Frontage along MO-32 ● Approx. 70’x110’ All Steel Barn ● Livestock Waterer ● White Vinyl Fencing
Tract 5: 6±Acres ● Frontage along MO-32 ● Water Well ● Approx. 45’x120’ All Steel Barn ● Drive-Under Feed Bin & Pipe Corral ● (2) Livestock Waterers
Tract 6: 6±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● Good Grassland
Tract 7: 6±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● Good Grassland
Tract 8: 15±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● Good Grassland
Tract 9: 13±Acres ● 40’ Easement from MO-32 ● Excellent Residential Site ● Good Grassland
Tract 10: 16±Acres ● 40’ Easement from MO-32 ● Excellent Residential Site ● Good Grassland
Tract 11: 42±Acres ● 40’ Easement from MO-32 ● Livestock Waterer ● Good Grassland
Tract 12: 18±Acres ● 40’ Easement from MO-32 ● Excellent Residential Site ● Livestock Waterer ● Good Grassland
Tract 13: 40±Acres ● 40’ Easement from MO-32 ● Good Grassland
Tract 14: 20±Acres ● 40’ Easement from MO-32 ● Good Grassland
Tract 15: 22±Acres ● Access from E. 444th Rd. ● Pipe Corral ● Livestock Waterer ● Good Grassland
Tract 16: 16±Acres ● Frontage along E. 444th Rd. ● Good Grassland ● Good Residential Site
Tract 17: 15±Acres ● 40’ Easement from S. Wommack Ave. ● Excellent Commercial Site
Tract 18: 15±Acres ● 40’ Easement from S. Wommack Ave. ● Excellent Commercial Site
Tract 19: 5±Acres ● Frontage along E. 444th Rd. ● 3 Bedroom Home (Address 1033 E. 444th Rd.) ● Base Area: 1,182 ft² Adjusted Area: 1,566 ft² ● Older Barn ● Private Well & Lagoon ● Livestock Waterer
Tract 20: 6±Acres ● Frontage along E. 444th Rd. ● Good Residential Site or Grassland
Tract 21: 6±Acres ● Frontage along E. 444th Rd. ● Good Residential Site or Grassland
Tract 22: 18±Acres ● 40’ Easement from E. 444th Rd. ● Good Residential Site or Grassland
Tract 23: 18±Acres ● Frontage along E. 444th Rd. ● Good Residential Site or Grassland
Tract 24: 20±Acres ● 40’ Easement from E. 444th Rd. ● Good Residential Site or Grassland
Tract 25: 16±Acres ● Frontage along MO-T ● Good Residential Site or Grassland
Details
Venue
Bolivar, MO 65613 United States + Google Map
Major Absolute Land Auction Sat - October 16th - 10AM
HELD AT THE ROY BLUNT YMCA IN BOLIVAR, MO
Property Owner: David D. Cribbs Family Limited Partnership
Auctioneer’s Note: Due to the recent death of David Cribbs, we will liquidate the real estate holdings of the David D. Cribbs Family Limited Partnership at ABSOLUTE PUBLIC AUCTION. Mr. Cribbs was a very active commercial real estate developer and rancher in the Polk County and Southwest Missouri areas for many years. Developed by Mr. Cribbs in the late 1990’s, “Impressive Acres” was named after the famous quarter horse “Impressive” bred by Wayne Engledow who owned the property prior to Mr. Cribbs. This property features prime commercial locations that would perfectly suite and number of business operations as well as residential and agricultural tracts. Additionally, we will be selling 18± Acres on Lillian St. in Bolivar which features prime development potential for single and multi-family residences. Don’t miss this opportunity to BID YOUR PRICE on these outstanding properties.
Auction Location: Roy Blunt YMCA ● 1710 W. Broadway ● Bolivar, MO
Directions: From the Bolivar Square travel west on W. Broadway approx. 1 mi. to the Roy Blunt YMCA on the south side of the road. Watch for Diamond S “Auction Today” signs!
Auction Terms & Conditions
This is important information! Please review it carefully and contact us at 1-877-907-3000 with any questions.
General Auction Terms
1. This is an absolute auction. Per contractual agreement with the seller this property will be sold to highest bidder regardless of price. There are no minimums and no reserves.
2. There is no buyer’s premium. The amount of the high bid will be the purchase price of the property.
3. A down payment based on the purchase price will be paid at the close of Auction. Down payment amounts shall be subject to the following scale:
4. Balance of purchase price is due in cash at closing. Closing costs will be shared equally between Buyer(s) and Seller.
5. The sale of the real estate is not subject to any contingencies nor conditional upon financing.
6. The Seller shall provide a title search and a Warranty Deed. The cost of title insurance shall be at Buyer’s expense if Buyer elects to secure a title insurance policy.
7. The Seller shall pay the 2020 and all prior year’s real estate taxes; real estate taxes for 2021 shall be prorated to the date of closing.
8. If the Seller determines that a boundary survey is required to establish a legal description, then a survey shall be prepared by Shuler Land Surveying of Bolivar, MO. The Seller and Buyer(s) shall share equally in the cost of the survey. Tracts purchased in combination shall receive a perimeter survey only, if any. In the event that an existing legal description is available then no survey will be required and as such, a survey will not be conducted.
9. The locations of the tract signs on the parcels are approximate. These signs are not survey markers nor are they substitutes for survey markers, there may be a difference of several feet in any direction between the location of the tract sign and the actual location of a boundary line.
10. The acreage estimates for each tract were developed using GIS satellite technology. These are fairly accurate estimates, however they are only estimates. Therefore, the bid price for unimproved tracts or combinations of unimproved tracts shall be adjusted at closing to reflect the results of any required survey work, if the surveyed acres are different than the estimated acres. It is important to note that this adjustment shall reflect both additions to and subtractions from the estimated acres and subsequently the final purchase price. However, there shall be no prorated price adjustment for any tract or combination of tracts that contain building improvements.
11. Possession shall not be granted until closing. No Buyer may inhabit the dwelling, make physical changes to any structure or land, stock the farm with cattle or other livestock, harvest any crop nor store any items on the premises. Closing shall take place within 60 days from today at Polk County Title Co. in Bolivar.
12. The seller may choose to qualify the sale of the property under Section 1031 of the Internal Revenue Service Code (tax deferred exchange). Buyer(s) shall cooperate with said exchange and shall be held harmless from any and all claims, costs, liabilities, or delays in time resulting from such an exchange. Buyer agrees to an assignment of this contract by the Seller.
13. The sale of the property does not include items that are portable in nature or items that have been specifically advertised separately from the property. This shall include but is not limited to: feeders, portable corral panels, propane tanks, livestock chutes, etc.
14. In the event that the property sells in tracts and water or septic lines happen to cross a boundary line onto an adjacent tract the Buyer(s) of the adjacent tracts(s) shall be required to grant the easements necessary for the operation and maintenance of such systems. Furthermore, Buyers of any and all tracts shall be required to grant the easements required by the local power company to supply electrical service to each tract.
15. There may not be fence lines separating the tracts of each parcel. Neither the Seller nor the auction company shall be responsible for any new fencing. New fencing shall be the sole responsibility of the Buyer(s).
16. Your bids are to be based solely upon your inspection. All real estate is being sold “as-is” without physical warranty of any kind. The Seller and the agents of Diamond S Auction & Real Estate Co. shall not express or imply any warranty or guarantee of any specific zoning classifications, location of utilities, and assurance of building permits, water or septic permits. All informational drawings and descriptions are intended as approximations only and should NOT be considered absolute. Confirmation of the accuracy of said informational drawings and descriptions shall be the sole responsibility of the buyer to their own satisfaction. No warranties or guarantees as to the condition of the well(s) are made by the Seller or Auction Company. In short, all property is being sold “AS IS” with no guarantees of any kind.
17. All real estate is being sold subject to any existing recorded easements. Existing recorded leases, if any, will be assigned to the Buyer.
18. At the close of the auction, Buyer(s) will be required to execute an Agreement to Purchase Real Estate and Addendum(s). This agreement is available for your review. The terms of this agreement and addendum(s) are non-negotiable.
19. Please keep in mind that the Agreement to Purchase Real Estate you will be signing at the close of the auction will be drawn up based on the manner in which you bid. You will be closing on the tract or combination of tracts on which you are the successful bidder in the manner in which you bid at the auction.
20. Diamond S Auction & Real Estate Company, Inc. and its representatives are the exclusive agents of the Seller. Any announcements made by the auctioneers shall take precedence over this and any other printed material.
Auction Terms & Conditions Specific to Parcel 1
1. The existing paved roadway extending north from MO-32 through the middle of the property and the existing paved roadway running east and west from MO-13 to S. 95th along the northern end of the property, was built to the specifications of the City of Bolivar. However, said roadways have not been transferred to the city. Therefore, until such time as the roadway is turned over to and accepted by the City of Bolivar. The roadway shall be deemed an easement. Buyers of tracts having frontage along said roadway easements shall share the costs of roadway maintenance equally. Said easement shall be surveyed and recorded regardless of necessity for ingress and egress.
2. The billboards located on the southwest corner of Tract 20, eastern side of Tract 10 and northern corner of Tract 7 and an area of 70’x40’ surrounding said billboards are being retained by the seller. The buyer(s) of Tracts 7, 10 and 20 shall agree to, with prior notice, allow reasonable ingress and egress by the sign owner or sign personnel contracted by the sign owner during normal weekday business hours for the purposes of maintaining, and repairing the billboards. Said ingress and egress shall be made in such a way so as not to inhibit normal business or other activities which take place on the property nor create a nuisance.
3. Public water and sewer access shall be made available to all tracts subject to regulatory and engineering requirements set forth by the City of Bolivar. Buyers of any and all tracts shall agree to grant the necessary easements required by the municipality to supply public water and sewer service to all tracts. The costs of extending water and sewer lines, additional necessary engineering and infrastructural equipment shall be the be sole responsibility of the buyer(s) receiving said public water and sewer services.
4. The existing unpaved easement extending north between Tracts 10 and 11 servicing the storage business north of Tract 11 shall remain open and unobstructed to allow for ingress and egress of business employees and patrons.
5. There are currently no restrictive covenants in place for the property. City building codes and regulations apply.
Auction Terms & Conditions Specific to Parcel 2
1. Tracts 4 & 5 are separated by an undeveloped roadway owned by the City of Bolivar. This area has been and is currently being maintained by the Cribbs Family Limited Partnership but is property of the City of Bolivar.
2. There are currently no restrictive covenants in place for the property. City building codes and regulations apply.
3. Public water and sewer access shall be made available to all tracts subject to regulatory and engineering requirements set forth by the City of Bolivar. Buyers of any and all tracts shall agree to grant the necessary easements required by the municipality to supply public water and sewer service to all tracts. The costs of extending water and sewer lines, additional necessary engineering and infrastructural equipment shall be the be sole responsibility of the buyer(s) receiving said public water and sewer services.
Auction Terms & Conditions Specific To Parcel 3
1. The 40’ non-existing easements depicted on the tract map running north and south between Tracts 4 & 5 servicing Tracts 11, 12 and 13 and along the west side of Tract 8 servicing Tracts 9 & 10 and between Tracts 22 & 23 servicing Tract 24 shall only be surveyed and recorded if it is necessary for ingress and egress. Furthermore, this easement shall extend only as far south as is minimally necessary to provide ingress and egress to the subject tracts. If other access is available (either from a frontage on a public roadway or adjoining property of which the buyer is party to) no easement will be required and therefore none shall not be surveyed or recorded. Beneficiaries of said easements shall share the costs of opening the easement and construction/maintenance of a roadway equally.
2. The easement running northwest and southwest along the eastern sides of Tracts 17, 18 & 19 shall be surveyed and recorded regardless of necessity for ingress and egress. Beneficiaries of said easements shall share the costs of opening the easement and construction/maintenance of a roadway equally.
3. The well located on Tract 5 is currently servicing livestock waterers located on Tracts 4, 11 & 12. In the event that these tracts sell to different buyers. The buyer of Tract 5 shall determine whether or not the well may continue to be used for these purposes. Any and all agreements for shared well usage shall be solely between the buyers of the affected tracts.
4. The livestock waterers located on Tracts 14 & 15 are currently being serviced by wells located on neighboring properties not owned by the seller. Continued usage of these wells for their current purposes shall be the sole decision of the owners of the neighboring properties.
5. The billboard located on the northwest corner of Tract 1 and an area of 85’x40’ surrounding it are being retained by the seller. The buyer of Tract 1 shall agree to, with prior notice, allow reasonable ingress and egress by the sign owner or sign personnel contracted by the sign owner during normal weekday business hours for the purposes of maintaining, and repairing the billboards. Said ingress and egress shall be made in such a way so as not to inhibit normal business or other activities which take place on the property nor create a nuisance.
6. The pet grooming/boarding business surrounded by Tract 4 is owned by another party. The easement running along the northern side of Tract 3 servicing this property shall remain open and unobstructed to allow for ingress and egress of the business employees and patrons.
ALL THREE PARCELS BEING SOLD AT THIS AUCTION ARE LOCATED IN OPPORTUNITY ZONE PROGRAM AREAS
About Opportunity Zones: Created under the 2017 Tax Cuts and Jobs Act, Opportunity Zones are designed to encourage long-term investment and job creation in certain areas. Opportunity Zones comprise 8,764 “census tracts” across the nation which were nominated by State executives and certified by the Federal Government. The Opportunity Zones tax incentive is designed to spur economic development and job creation in these communities by providing preferential tax treatment for those investing eligible capital gains into Opportunity Zones through investment vehicles known as Qualified Opportunity Funds (QOF’s). An investor can defer taxes on any prior eligible gain to the extent that a corresponding amount is invested in an Opportunity Zone. For more information about Opportunity Zones and Qualified Opportunity Funds visit IRS.gov or your tax professional.
Parcel 1 – 127 +/- Acres
Property Location: At the intersection of MO-13 & MO-32 ● Bolivar, MO
Directions to Property: From the square in Bolivar, MO travel west on W. Broadway approx. 1½ mi. to the Propery. Watch for Diamond S Auction & Real Estate Co. signs!
Directions to Property: From I-44 and Kansas Expy. in Springfield, MO travel north on MO-13 approx. 29 mi. to the property (Behind Kum & Go). Watch for Diamond S Auction & Real Estate Co. signs!
Property Overview: This parcel features 127± total acres in the city limits of Bolivar, MO and the Federal Opportunity Zone Program. The property is being offered in 20 tracts or combinations. Extensive infrastructure including asphalt roadway easements with curb & gutter (to City of Bolivar specifications), runoff detention pond and city water and sewer are currently in place on the property. This property presents a unique and tremendous real estate investment opportunity with an excellent location, over three-quarters of a mile of frontage along MO-13, nearly a half-mile of frontage along MO-32, great road access, high visibility and large traffic volume.
Parcel 1 Tract Map
Tract Descriptions:
Tracts 1 & 2: 2± Acres Each ● Tract 3-6: 3± Acres Each ● Tract 7: 6± Acres ● Tracts 1-7 Feature: Excellent Frontage and Visibility From MO-13 ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer ● C-2 Zoning ● Prime Commercial Locations Ready for Further Development (Note: The billboard on Tract 7 and an area 40’x70’ surrounding it is being retained by the owners and is not included with the property. See auction terms for details.)
Tract 8: 5± Acres ● Tract 9: 2± Acres ● Tracts 8 & 9 Feature: Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer ● C-2 Zoning ● Excellent Commercial Locations Ready for Further Development
Tract 10: 14± Acres ● Tract 11: 6± Acres ● Tracts 10 & 11 Feature: Excellent Frontage and/or Visibility From MO-13 ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water ● City Sewer Access ● Excellent Commercial Locations Ready for Further Development ● Tract 10 is Zoned C-2 and Tract 11 is Zoned C-2 and R-1 ● The easement running north and south along the west side of Tract 10 and the east side of Tract 11 shall remain to allow ingress and egress to the storage facility to the north of Tract 11. (Note: The billboards on Tract 10 and an area 40’x70’ surrounding each it is being retained by the owners and is not included with the property. See auction terms for details.)
Tract 12: 9± Acres ● R-1 Zoning ● Frontage on S 95th Rd.
Tract 13: 10± Acres ● 50% C-2 & 50% R-1 Zoning ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer Access
Tract 14: 8± Acres ● Tract 15: 15± Acres ● C-2 Zoning ● Existing Paved Easement From MO-32, MO-13 or S. 95th Rd. ● City Water & Sewer Access
Tract 16: 3± Acres ● Tract 17: 5± Acres Tract 18: 5± Acres ● Tracts 16-18 Feature: C-2 Zoning ● Frontage on MO-32 ● Prime Commercial Locations
Tract 19: 13± Acres ● C-2 Zoning ● Frontage on S. 95th Rd. ● City Water & Sewer Access
Tract 20: 10± Acres ● Corner Tract ● C-2 Zoning ● Frontage on S. 95th Rd. ● City Water & Sewer Access (Note: The billboard on Tract 20 and an area 40’x70’ surrounding each it is being retained by the owners and is not included with the property. See auction terms for details.)
Parcel 1 Map with Zoning Overlay
About C-2 Zoning: The “C-2” General Commercial District is intended for the purpose of allowing basic retail, service and office uses in addition to those normally permitted in neighborhood centers. This district is also intended to provide locations for commercial activity that do not require a central location downtown but do require a location easily accessible to the downtown shoppers. Business uses needing large floor area, particularly those of a service nature not compatible with Central Business District uses, are included in this district.
About R-1 Zoning: The “R-1” Single-Family Dwelling District is established for the purpose of low-density, single-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.
Parcel 2 – 18+/- Acres
Property Location: S. Lillian Ave. ● Bolivar, MO
Directions to Property: From the square in Bolivar, MO travel west on W. Broadway approx. ¼ mi. to S. Lillian Ave. Turn south on S. Lillian Ave. and travel approx. ½ mi. to the property on the west side of the road. Watch for Diamond S Auction & Real Estate Co. signs!
Property Overview: This parcel features 18± total acres in the city limits of Bolivar, MO and the Federal Opportunity Zone Program. The parcel is being offered in 5 Tracts or Combinations. Zoned R-3, this parcel features excellent opportunity for single family and duplex development. The back of the property is bordered by the Ozarks Greenways Frisco Highline Walking Trail. The property is nearly all open and features gently rolling topography. City water and sewer is available. Tracts 4 & 5 are separated by an unused city road right of way.
Parcel 2 Tract Map
Tract Descriptions:
Tract 1: 4± Acres ● Frontage on S. Lillian Ave
Tract 2: 0.5± Acres ● Frontage on S. Lillian Ave
Tract 3: 4± Acres ● Frontage on S. Lillian Ave
Tract 4: 5.5± Acres ● Frontage on S. Lillian Ave
Tract 5: 4± Acres ● Access from W. South St.
All Tracts are Zoned R-3
About R-3 Zoning: The “R-3” Two-Family Dwelling District is intended for the purpose of allowing a slightly higher density than in Districts “R-1” and “R-2,” yet retain the residential qualities. This district allows duplexes, single-family homes, home occupations, certain community facilities and certain other special uses.
Parcel 3 – 377+/- Acres
Property Location: West MO-32 ● Bolivar, MO
Directions to Property: From the square in Bolivar, MO travel west on W. Broadway (MO-32) approx. 2½ mi. to the property on the south side of the road. Watch for Diamond S Auction & Real Estate Co. signs!
Directions to Property: From I-44 and Kansas Expy. in Springfield, MO travel north on MO-13 approx. 29 mi. to MO-32. (Third Bolivar Exit) Exit and turn west on W. Broadway/MO-32 and travel approx. ½ mi. to the property on the south side of the road. Watch for Diamond S Auction & Real Estate Co. signs!
Property Overview: This parcel features 377± total acres offered in 25 tracts or combinations. Located just outside the Bolivar city limits but inside the Federal Opportunity Zone Program, this property features excellent opportunities for home sites, commercial developments, residential subdivisions and agricultural uses. The property is nearly all open and features gently rolling topography and excellent grassland. Three tracts feature building improvements including a barn and water well on Tract 5, a barn on Tract 4 and a residential home on Tract 19. The property has over a half-mile of frontage along MO-32, a quarter-mile of frontage along MO-13 and additional frontage along MO-T on the south side of the property.
Parcel 3 Tract Map
Tract Descriptions:
Tract 1: 8±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● (Note: The billboard on Tract 1 and an area 40’x85’ surrounding it is being retained by the owners and is not included with the property. See auction terms for details.)
Tract 2: 20±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ●
Tract 3: 4±Acres ● Frontage along MO-32 ● Excellent Commercial Site ● Existing Driveway Easement Providing Ingress and Egress to the Pet Grooming/Boarding Business ● White Vinyl Fencing ●
Tract 4: 6±Acres ● Frontage along MO-32 ● Approx. 70’x110’ All Steel Barn ● Livestock Waterer ● White Vinyl Fencing
Tract 5: 6±Acres ● Frontage along MO-32 ● Water Well ● Approx. 45’x120’ All Steel Barn ● Drive-Under Feed Bin & Pipe Corral ● (2) Livestock Waterers
Tract 6: 6±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● Good Grassland
Tract 7: 6±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● Good Grassland
Tract 8: 15±Acres ● Frontage along MO-32 ● Excellent Residential or Commercial Site ● Good Grassland
Tract 9: 13±Acres ● 40’ Easement from MO-32 ● Excellent Residential Site ● Good Grassland
Tract 10: 16±Acres ● 40’ Easement from MO-32 ● Excellent Residential Site ● Good Grassland
Tract 11: 42±Acres ● 40’ Easement from MO-32 ● Livestock Waterer ● Good Grassland
Tract 12: 18±Acres ● 40’ Easement from MO-32 ● Excellent Residential Site ● Livestock Waterer ● Good Grassland
Tract 13: 40±Acres ● 40’ Easement from MO-32 ● Good Grassland
Tract 14: 20±Acres ● 40’ Easement from MO-32 ● Good Grassland
Tract 15: 22±Acres ● Access from E. 444th Rd. ● Pipe Corral ● Livestock Waterer ● Good Grassland
Tract 16: 16±Acres ● Frontage along E. 444th Rd. ● Good Grassland ● Good Residential Site
Tract 17: 15±Acres ● 40’ Easement from S. Wommack Ave. ● Excellent Commercial Site
Tract 18: 15±Acres ● 40’ Easement from S. Wommack Ave. ● Excellent Commercial Site
Tract 19: 5±Acres ● Frontage along E. 444th Rd. ● 3 Bedroom Home (Address 1033 E. 444th Rd.) ● Base Area: 1,182 ft² Adjusted Area: 1,566 ft² ● Older Barn ● Private Well & Lagoon ● Livestock Waterer
Tract 20: 6±Acres ● Frontage along E. 444th Rd. ● Good Residential Site or Grassland
Tract 21: 6±Acres ● Frontage along E. 444th Rd. ● Good Residential Site or Grassland
Tract 22: 18±Acres ● 40’ Easement from E. 444th Rd. ● Good Residential Site or Grassland
Tract 23: 18±Acres ● Frontage along E. 444th Rd. ● Good Residential Site or Grassland
Tract 24: 20±Acres ● 40’ Easement from E. 444th Rd. ● Good Residential Site or Grassland
Tract 25: 16±Acres ● Frontage along MO-T ● Good Residential Site or Grassland