HomeMy WebLinkAboutRes.3392-03-15-2021 BILL NO. 21-35 RESOLUTION NO. 33
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH THE MISSOURI
DEPARTMENT OF CONSERVATION FOR THE CAPE
WOODS CONSERVATION AREA, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Lease Agreement with the Missouri Department of Conservation for
the Cape Woods Conservation Area, in the City of Cape Girardeau,
Missouri. The Contract shall be in substantially the form
attached hereto, which document is hereby approved by the City
Council, and incorporated herein by reference, with such changes
therein as shall be approved by the officers of the City
executing the same .
PASSED AND ADOPTED THIS \ AY OFVC\ , 2021 .
JAZ_
Bob Fox, Mayor
ATTEST: r . '�
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truce Tay. or, Deputy City Clerk ,U % /f 1;;;.7
EXHIBIT `A'
A tract of land in Fractional Section 26 and U.
2199, in Township 31 North, Range 13 East of
Principal Meridian, in the County and City of Cape c
Missouri. More particularly described as follows:
at a T. Post marking the South corner of Lots 3
Outlot 78-A, in U. S. Survey 2199; thence North 8
West, along the South line of Osage Park, 206.60
point in the center of the Cape La Croix Creek, also
point of beginning; thence South 90 52' 3311 East,
creek, 168.72 feet to a point; thence South 30 17'
down said creek, 165.70 feet to a point; thence So
4611 East, down said creek, 103.00 feet to a point, :
being the Northwest Corner of a tract of land owr
Cape Girardeau School District, as recorded in Bo(
Page 343 in the office of the recorder in Jackson,
thence South 00 15' 711 East, 269.00 f eet to a poi3
South 260 38' 3711 West, 74.60 feet to a point; thencE
38' 3711 West, 145.20 feet to a point; thenc
centerline of said Cape La Croix Creek, South 00 24'
along a line between the aforesaid mentioned Schoo:
and a tract of land owned by Roy E. Welch as record,
223 on Page 707 in the office of the recorder ii
Missouri, for 360.40 feet to an iron Pipe set in
also marking the North line of Hopper Road; thence
9' 2311 West, along the North line of Hopper Road, 3
to an Iron Pin; thence North 840 21' 4111 West, along
line of Hopper Road, 214.54 feet to an Iron Pi
leaving said North right of way to Hopper Road, Nc
1111 West, along the East line of a tract of lane
Joseph W. and Mary G. Armbruster, as recorded in Bo
Page 67 in the office of the recorder in Jackson,
d.
716.54 feet to an Iron Pin; thence North 830 13' 48" West,
along the North line of the aforesaid mentioned Armbruster
Property, 284.56 feet to an Iron Pin in the West Easement line
of the Cape La Croix Trunk sewer known as Phase 3, Section 1;
thence North 30 5' 16" West, along the West line of the
aforesaid Trunk sewer easement, 341.42 feet to an Iron Pin;
thence North 10 34' 36" West, along said West line of
aforesaid Trunk sewer easement, 599.85 feet to an Iron Pin;
thence North 40 50' 18" East, along aforesaid Trunk sewer
easement, 22.55 feet to an Iron Pin; thence South 870 38' 6"
West, 191.80 feet to an Iron Pin in the East right of way to
Mount Auburn Road; thence North 5° 39' 28" East, along said
East right of way to Mount Auburn Road, 217.13 feet to a
point, said point is North 870 38' 611 East, 0.82 feet from
Iron Pin; thence North 870 38' 6" East, along the South line
of a tract of land owned by the G. Keith Deimund trust as
recorded in Book 554, on Page 772 in the office of the
recorder in Jackson, Missouri, 389.18 feet to an Iron Pin;
thence continuing North 870 38' 61' East, 35.69 feet to a point
in the centerline of the Cape La Croix Creek; thence South 400
21' 6" East, down said creek, 61.68 feet to a point; thence
South 22" 15' 6" East, down said creek, 201.00 feet to a
point; thence South 700 20' 6" East, down said creek, 77.80
feet to a point; thence North 630 58' 54" East, down said
creek, 195.50 feet to a point; thence South 530 4' 6" East,
down said creek, 368.10 feet to a point; thence South 270 11'
6" East, down said creek, 203.00 feet to a point; thence South
290 31' 6" East, down said creek, 101.80 feet to a point;
thence South 200 35' 6" East, down said creek, 77.90 feet to
a paint; thence South 10 29' 5411 West, down said creek, 76.65
feet to the point of beginning.
Also, Commencing at a T. Post marking the South corner of Lots
3 and 4 in Outlot 78-A in U. S. Survey 2199, in Township 31
North, Range 13 East of the Fifth Principal Meridian in the
County and City of Cape Girardeau, Missouri having State Plane
Coordinates of N: 165,890.795 E: 332,667.574; then South 15°
43' 4711 West, 1223.68 feet to an Iron Pipe set in concrete
marking the Southwest corner of a tract of land owned by Cape
Girardeau School District as recorded in Book 209, on Page 343
in the Office of the Recorder in Jackson, Missouri, said Iran
Pipe being the point of beginning; thence South 0'° 24' 37"
West, 35.60 feet to a point in the South line of Outlot 78-A;
thence North 830 9' 37" West, along South line of Outlot 78-A,
584.13 feet to a point; thence North 4° 34' 11" West, 38.16
feet to an Iron Pin in the North line of Hopper Road; thence
South 840 21' 41" East, along the North line of Hopper Road,
214.54 feet to an Iron Pin; thence South 820 9' 23" East,
along the North line of Hopper Road, 373.25 feet to the point
of beginning.
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LEASE AGREEMENT
THIS AGREEMENT made and entered into this day of 92021,
by and between the MISSOURI DEPARTMENT OF CONSERVATION, hereinafter referred to as
the "Department", and the CITY OF CAPE GIRARDEAU, MISSOURI, a governmental entity of the
State of Missouri, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Department and City entered into a lease agreement on January 16, 1996, (the
"Lease") wherein Department leased 37 acres, more or less, being more fully described in attached
Exhibit A (the "tract") to City for a term of 10 years, beginning on January 16, 1996, and ending on
January 16, 2006, with the desire that the tract be used as a natural area to exemplify the primitive
natural condition of the State of Missouri and for outdoor recreation such as trails for hiking, bird
watching, outdoor education, deer hunting (as part of a City managed hunt only), and other nature
activities, with emphasis on preservation of the natural condition of the tract; and
WHEREAS, the Lease afforded the City to renew the Lease for an additional 10 -year period;
and City desires to renew the lease on its same terms and conditions.
NOW, THEREFORE, be it mutually agreed by and between the parties as follows:
1. For and inconsideration of One Dollar ($1.00) and other valuable consideration,
and in further consideration of the faithful performance of and adherence to each and all covenants
agreed to in this agreement by City, Department agrees to let, demise and lease the above-mentioned
tract as shown on Exhibit A to the City.
2. The term of this lease shall be for a period of ten (10) years from January 1, 2021. City
shall be afforded the opportunity to renew this lease for an additional ten (10) year period on the
same terms and conditions as contained herein and additional terms and conditions that Department
shall impose at the time of renewal, upon giving of notice of intent to renew by hand, email, or by
regular mail in writing to Department, no later than six (6) months preceding the expiration date
hereof.
3. The tract will be called Cape Woods Conservation Area at all times. No sign, billboard,
poster, message or picture board shall be erected without the prior inspection and written approval of
the Department, its agents, employees or assigns.
4. City shall manage the tract for recreational, educational, aesthetic and scientific
purposes, such as, but not limited to, hiking, bird watching, deer hunting (as part of a City managed
hunt only), and outdoor education, all being exclusively directed at the maintenance, enhancement,
appreciation and understanding of the natural conditions of the tract, conservation and regulation of
the wildlife and wildlife resources of the State of Missouri, and for no other purpose. City shall not:
(a) alter the face of the land in any fashion;
(b) erect any structures;
(c) destroy any natural vegetation (except non-native invasive species) or
(d) remove, destroy, or release any wildlife except under conditions outlined in this
agreement, or
(e) attempt any construction whatsoever without written approval of the Department.
5. In furtherance of the City's possession and use of the tract as a natural area,
each party will undertake to perform certain maintenance tasks on the property, as follows:
(a) The City shall perform all litter pickup, trash removal, and privy maintenance.
(b) The City shall be responsible for trail, parking, and bridge maintenance, and mowing
(including erosion control) four feet on each side of the trail. The City shall be allowed to
cut other vegetation only with the approval of the Department, acting through the
Department's Southeast Regional River Hills District Supervisor or designee.
(c) The City will be responsible for the cost of major repairs or replacement to the block
privy, bridges, trails, or parking lots.
(d) The Department and the City agree to allow bicycles on the portion of Cape LaCroix
Trail that traverses the area. Bicycles will not be allowed on the unpaved hiking trail
within the area.
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(e) The Department, acting through Department's staff, may enter upon the premises and
perform natural resource management to maintain the natural integrity of the
Conservation Area, remove dead or hazard trees identified by Department staff (or by
City staff and for which City staff has given Department staff reasonable written notice of
the possible hazard). Department staff may deposit such cut or removed dead trees on the
property as part of the natural area landscape and in furtherance of wildlife habitat. The
Department may also from time to time enter the premises and remove exotic and
invasive species (to include bush honeysuckle), correct soil erosion not a part of the trails,
and make needed capital improvements.
6. All newly constructed or improvements to nature trails, hiking trails, interpretive areas,
and other public use facilities shall be approved in location, function and design by the Department's
Southeast Regional Resource District Supervisor or designee prior to any work being done to create
them.
7. City shall hold the Department, its employees, and agents safe and harmless from all
liability, claims, actions, damages, and expense in connection with loss of life, personal injury and/or
damage to property arising out of or from any occurrence in, upon, or at the above tract as a direct or
proximate result of the use of said tract by the general public or the City, its employees, assigns and
agents, to the extent allowed by law.
8. Either party may, upon thirty (30) days written notice delivered by hand or by mail,
revoke this lease agreement, and upon such revocation, the Department shall reenter and take
exclusive possession of the property.
9. City may not make any assignment of this lease or any right hereunder, or enter into any
sublease of all or any part of the tract, including all appurtenant structures, without the express
written consent of the Department.
10. If City shall default and fail to perform any condition or term of this agreement after
thirty (30) days' notice and demand from the Department, then the Department may declare City to
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be in default under the terms of this lease, and further may declare that default or failure by City to
evidence the City's abandonment of the lease and its subject land, and immediately thereafter the
Department shall have the right to re-enter upon and take possession of the leased premises, and
remove to storage and thereafter disposal any personal property of City that shall have been found
left upon the premises.
Department Contact Information:
Roger Frazier
River Hills District Supervisor
Missouri Department of Conservation
Rt 5 Box 129
Marble Hill, MO 63764
573-238-2321 Office/573/225-5827 cell
Roger. Frazier&mdc. mo. gov
City Contact Information:
Julia Jones, Parks and Recreation Director
410 Kiwanis Drive
Cape Girardeau, MO
63701
IN WITNESS WHEREOF, all parties hereto have set their hands the day and year first above
written.
Approved by Legal Counsel
Approved by Legal Counsel
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MISSOURI DEPARTMENT OF
CONSERVATION
Sara Parker Pauley, Director
Missouri Department of Conservation
CITY OF CAPE GIRARDEAU, MISSOURI
Scott Meyer, City Manager