HomeMy WebLinkAboutRes.837.03-05-1990OFFICE OF THE
CITY ATTORNEY
WARREN L. WELLS
March 20, 1990
CITY HALL
401 INDEPENDENCE
P. O. BOX 617
CAPE GIRARDEAU. MO 63702-0617
TELEPHONE (314) 334-3036
Mr. & Mrs. Henson Segraves
321 South Spanish Street
Cape Girardeau, MO 63701
Re: Repairs to 101 North Main Street
Dear Mr. & Mrs. Segraves:
Enclosed is a copy of the Agreement For Temporary And
Permanent Easements which has been recorded in Book 514 at Page
737 of the land records of Cape Girardeau County, Missouri.
If we can be of further assistance, please feel free to give
us a call.
Very truly yours,
fr� e 'ls
City Attorney
WLW/dgn
Enclosure
AGREEMENT FOR TEMPORARY AND
PERMANENT EASEMENTS
This Agreement entered into the 5th day of March, 1990, by
and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation, organized and existing under the laws of the State of
Missouri, FIRST PARTY, and HENSON SEGRAVES and DORIS SEGRAVES,
husband and wife, of Cape Girardeau County, Missouri, SECOND
PARTIES,
WITNESSETH:
WHEREAS, FIRST PARTY is the owner of certain rights-of-way
dedicated to public use known as Themis Street and Main Street in
the City of Cape Girardeau, Missouri, along with public sidewalks
abutting said streets; and
WHEREAS, SECOND PARTIES are the owners of certain real estate
located at 101 North Main Street at the intersection of Main
Street and Themis Street in the City of Cape Girardeau, Missouri;
and
WHEREAS, the real estate hereinabove referred to owned by the
parties hereto adjoin and abut one another and the real estate
owned by SECOND PARTIES contains a building which is in need of
repair; and
WHEREAS, the parties desire to create work room and permit
SECOND PARTIES to encroach upon the street and sidewalk owned by
FIRST PARTY for the purpose of making necessary repairs and
improvements to SECOND PARTIES' existing building.
NOW, THEREFORE, in consideration of the mutual covenants and
grants herein contained, FIRST PARTY does hereby grant to SECOND
PARTIES a Temporary Construction Easement consisting of the right,
privilege, permission and authority to enter on and upon for the
purposes hereinafter stated the lands which are solely owned by
the City of Cape Girardeau, Missouri, located in the City and
County of Cape Girardeau, Missouri, more particularly described as
follows:
Beginning at a point on the North line of Themis Street
that is West along said North line of Themis Street, a
distance of 16.65 feet from the Northwest Corner of the
intersection of Themis and Main Streets; thence continue
West along said North line of Themis Street, a distance of
12.0 feet, thence South parallel to the centerline of Main
Street, a distance of 3.0 feet; thence West, parallel to
the centerline of said Themis Street, 10.0 feet; thence
North parallel to the centerline of Main Street, a distance
of 3.0 feet; thence West parallel to said centerline of
said Themis Street, a distance of 12.0 feet; thence South,
parallel to centerline of said Main Street, a distance of
l
15.0 feet; thence East, parallel to centerline of Themis
Street 34.0 feet; thence Northerly parallel to the
centerline of Main Street, a distance of 15.0 feet to the
point of beginning.
Said right, privilege, pemission and authority to enter on and
upon 'said property above described is granted for the purpose of
enabling the SECOND PARTIES, their agents, servants and assigns to
use said property for the temporary placement of excavated dirt,
construction equipment, and supplies and for working room and
excavation room for construction of a new footing for the support
of SECOND PARTIES' existing building located at 101 North Main
Street in Cape Girardeau, Missouri;
FURTHER, and also in consideration of the mutual covenants and
grants herein contained, FIRST PARTY does hereby grant to SECOND
PARTIES a Permanent Easement for the construction and placement of
a permanent footing for the support and repair of SECOND PARTIES'
existing building, said Permanent Easement granting to SECOND
PARTIES the right, privilege, permission and authority to enter on
and upon the following described property which is solely owned by
the City of Cape Girardeau, Missouri, and located in the City and
County of Cape Girardeau, Missouri, to -wit:
Beginning at a point that is Westerly along the North line
of Themis Street a distance of 28.65 feet from the
Northwest Corner of the intersection of Themis Street and
Main Street; thence continue Westerly a distance of 10.0
feet; thence Southerly parallel to the centerline of Main
Street a distance of 3.0 feet; thence Easterly parallel to
the centerline of Themis Street a distance of 10.0 feet,
thence Northerly, parallel to the centerline of Main
Street, 3.0 feet to the point of beginning.
Said right, privilege, permission and authority to enter on
and upon said property above described is irrevocable except as
provided herein and is granted for the purpose of enabling the
SECOND PARTIES, their agents, servants and assigns to install,
lay, erect, construct and maintain a building footing and
foundation for the support and repair of the building now existing
on SECOND PARTIES' premises located at 101 North Main Street in
the City and County of Cape Girardeau, Missouri. Said grant of
Temporary Construction Easement and Permanent Easement being made
on the following terms and conditions:
1. The Temporary Construction Easement as granted herein
shall terminate not later than one hundred eighty (180) days
following the date of this agreement.
2. The Permanent Easement granted herein shall terminate at
such time as the building now existing on SECOND PARTIES' property
located at 101 North Main Street in the City and County of Cape
Girardeau, Missouri, is removed or destroyed.
IWZ
3. It is contemplated by the parties that SECOND PARTIES
will use these easements for the purpose of making certain repairs
to their existing structure and that it may be necessary for them
to remove portions of the public sidewalk or street in order to
excavate for such purpose. SECOND PARTIES agree that if it is
necessary for them to remove any portion of the sidewalk or
street, that they will do so at their own expense and that such
street and sidewalk will be replaced in accordance with the
standards of the City of Cape Girardeau, Missouri, as set forth in
its ordinances and regulations and that such repaving will be
completed no later than six (6) months from the date of this
agreement.
4. SECOND PARTIES agree that they will leave the
construction site clean and free of all debris, dirt or
construction waste.
5. The parties hereto agree that SECOND PARTIES' Permanent
Easement as granted herein is to be used beneath the surface of
the public sidewalk only and may not project above the surface of
the public sidewalk and that this Permanent Easement is to be used
solely for the construction and placement of an additional footing
required for the support of the building.
6. SECOND PARTIES agree that when the repair is undertaken
on their existing building, that they will keep the premises free
and clear of hazards to passersby and to the public in general and
that they will take all necesary steps to provide adequate warning
to the public to prevent injury or damage.
7. SECOND PARTIES shall indemnify the City from all claims,
demands, suits and actions of every name and description brought
against the City for or on account of any injuries or damaqes
received or sustained by any parties or as a result of the acts or
omissions of SECOND PARTIES, their servants or agents in doing the
work herein described or by or as a result of any negligence in
guarding or protecting the public from the same, or on account of
any improper equipment or materials utilized in performing the
work.
SECOND PARTIES agree to file with the City prior to the
commencement of the work, a Certificate of Insurance naming the
City as coinsured and showinq that the SECOND PARTIES have in
force for a period equal to the time the structure shall be under
repair a policy of general liability insurance insuring SECOND
PARTIES and the City against liability for personal injuries
arising out of the project in a minimum amount of $100,000.00 for
injury to any person and $1,000,000.00 for injuries received in
any one accident and for property damage arising out of the
project in the minimum amount of $100,000.00.
8. FIRST PARTY in no way warrants or approves SECOND
PARTIES' project plans or methods and SECOND PARTIES undertake
this repair project at their own risk and SECOND PARTIES rely
-3-
solely on the recommendations of their own consultants with
respect to the effectiveness or wisdom of their repair project
plans.
9. These easements and the covenants herein contained shall
run with the land and inure to and be binding upon the successors
in title of the respective parties.
WITNESS OUR HANDS the day and year first written above.
CITY OF CAPE GIRARDEAU, MISSOURI
A �
oies, Mayor
ATTEST:
Julie A. 71e, Deputy City lerk
C
z�
Henson Segrave
oris Segraves
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU ?
On this A� day of 11)/9hCLi 1990 before me
appeared Francis E. Rhodes, to me personally known, who, being by
me duly sworn, did say that he is the Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
-4-
IN TESTIMONY WHEREOF, I have
my official seal, at my office
day and year first above written.
My Commission Expires:
October 8, 1992
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
hereunto set my hand and affixed
in Cape Girardeau, Missouri, the
Delores G. Needham, Notary Public
ss.
On this 2 nd day of March , 198 9 before
me personally appeared Henson Segraves and Doris Segraves, husband
and wife, to me known to be the persons 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 at my office in said County and State the day and
year first above written.
My Commission Expires:
(Oaoern)oe;r A 1990
`�n1,c.eCn1L O(. �1�L
�e6ecca� L, i�ir�
[Typed Name of Notary Public]
-5-
AGREEMENT FOR TEMPORARY AND
PERMANENT EASEMENTS
60A 514 ;-;L 7L
00,090
This Agreement entered into the 5th day of March, 1990, by
and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation, organized and existing under the laws of the State of
Missouri, FIRST PARTY, and HENSON SEGRAVES and DORIS SEGRAVES,
husband and wife, of Cape Girardeau County, Missouri, SECOND
PARTIES,
WITNESSETH:
WHEREAS, FIRST PARTY is the owner of certain rights-of-way
dedicated to public use known as Themis Street and Main Street in
the City of Cape Girardeau, Missouri, along with public sidewalks
abutting said streets; and
WHEREAS, SECOND PARTIES are the owners of certain real estate
located at 101 North Main Street at the intersection of Main
Street and Themis Street in the City of Cape Girardeau, Missouri;
and
WHEREAS, the real estate hereinabove referred to owned by the
parties hereto adjoin and abut one another and the real estate
owned by SECOND PARTIES contains a building which is in need of
repair; and
WHEREAS, the parties desire to create work room and permit
SECOND PARTIES to encroach upon the street and sidewalk owned by
FIRST PARTY for the purpose of making necessary repairs and
improvements to SECOND PARTIES' existing building.
NOW, THEREFORE, in consideration of the mutual covenants and
grants herein contained, FIRST PARTY does hereby grant to SECOND
PARTIES a Temporary Construction Easement consisting of the right,
privilege, permission and authority to enter on and upon for the
purposes hereinafter stated the lands which are solely owned by
the City of Cape Girardeau, Missouri, located in the City and
County of Cape Girardeau, Missouri, more particularly described as
follows:
Beginning at a point on the North line of Themis Street
that is West along said North line of Themis Street, a
distance of 16.65 feet from the Northwest Corner of the /
intersection of Themis and Main Streets; thence continue
West along said North line of Themis Street, a distance of
12.0 feet; thence South parallel to the centerline of Main
Street, a distance of 3.0 feet; thence West, parallel to
the centerline of said Themis Street, 10.0 feet; thence
North parallel to the centerline of Main Street, a distance
of 3.0 feet; thence West parallel to said centerline of
said Themis Street, a distance of 12.0 feet; thence South,
parallel to centerline of said Main Street, a distance of
15.0 feet; thence East, parallel to centerline of Themis
Street 34.0 feet; thence Northerly parallel to the
centerline of Main Street, a distance of 15.0 feet to the
point of beginning.
Said right, privilege, pemission and authority to enter on and
upon said property above described is granted for the purpose of
enabling the SECOND PARTIES, their agents, servants and assigns to
use said property for the temporary placement of excavated dirt,
construction equipment, and supplies and for workinq room and
excavation room for construction of a new footing for the support
of SECOND PARTIES' existing building located at 101. North Main
Street in Cape Girardeau, Missouri;
FURTHER, and also in consideration of the mutual covenants and
grants herein contained, FIRST PARTY does hereby grant to SECOND
PARTIES a Permanent Easement for the construction and placement of
a permanent footinq for the support and repair of SECOND PARTIES'
existing building, said Permanent Easement granting to SECOND
PARTIES the right, privilege, permission and authority to enter on
and upon the following described property which is solely owned by
the City of Cape Girardeau, Missouri, and located in the City and
County of Cape Girardeau, Missouri, to -wit:
Beginning at a point that is Westerly along the North line
of Themis Street a distance of 28.65 feet from the
Northwest Corner of the intersection of Themis Street and
Main Street; thence continue Westerly a distance of 10.0
feet; thence Southerly parallel to the centerline of Main
Street a distance of 3.0 feet; thence Easterly parallel to
the centerline of Themis Street a distance of 10.0 feet;
thence Northerly, parallel to the centerline of Main
Street, 3.0 feet to the point of beginning.
Said right, privilege, permission and authority to enter on
and upon said property above described is irrevocable except as
provided herein and is granted for the purpose of enabling the
SECOND PARTIES, their agents, servants and assigns to install,
lay, erect, construct and maintain a building footing and
foundation for the support and repair of the building now existing
on SECOND PARTIES' premises located at 101 North Main Street in
the City and County of Cape Girardeau, Missouri. Said grant of
Temporary Construction Easement and Permanent Easement being made
on the following terms and conditions:
1. The Temporary Construction Easement as granted herein
shall terminate not later than one hundred eiqhty (180) days
following the date of this agreement.
2. The Permanent Easement granted herein shall terminate at
such time as the building now existinq on SECOND PARTIES' property
located at 101 North Main Street in the City and County of Cape
Girardeau, Missouri, is removed or destroyed.
-2-
3. It is contemplated by the parties that SECOND PARTIES
will use these easements for the purpose of making certain repairs
to their existing structure and that it may be necessary for them
to remove portions of the public sidewalk or street in order to
excavate for such purpose. SECOND PARTIES agree that if it is
necessary for them to remove any portion of the sidewalk or
street, that they will do so at their own expense and that such
street and sidewalk will be replaced in accordance with the
standards of the City of Cape Girardeau, Missouri, as set forth in
its ordinances and regulations and that such repaving will be
completed no later than six (6) months from the date of this
agreement.
4. SECOND PARTIES agree that they will leave the
construction site clean and free of all debris, dirt or
construction waste.
5. The parties hereto agree that SECOND PARTIES' Permanent
Easement as granted herein is to be used beneath the surface of
the public sidewalk only and may not project above the surface of
the public sidewalk and that this Permanent Easement is to be used
solely for the construction and placement of an additional footing
required for the support of the building.
6. SECOND PARTIES agree that when the repair is undertaken
on their existing building, that they will keep the premises free
and clear of hazards to passersby and to the public in general and
that they will take all necesary steps to provide adequate warning
to the public to prevent injury or damage.
7. SECOND PARTIES shall indemnify the City from all claims,
demands, suits and actions of every name and description brought
against the City for or on account of any injuries or damages
received or sustained by any parties or as a result of the acts or
omissions of SECOND PARTIES, their servants or agents in doing the
work herein described or by or as a result of any negligence in
guarding or protecting the public from the same, or on account of
any improper equipment or materials utilized in performing the
work.
SECOND PARTIES agree to file with the City prior to the
commencement of the work, a Certificate of Insurance naming the
City as coinsured and showing that the SECOND PARTIES have in
force for a period equal to the time the structure shall be under
repair a policy of general liability insurance insuring SECOND
PARTIES and the City against liability for personal injuries
arising out of the project in a minimum amount of $100,000.00 for
injury to any person and $1,000,000.00 for injuries received in
any one accident and for property damage arising out of the
project in the minimum amount of $100,000.00.
8. FIRST PARTY in no way warrants or approves SECOND
PARTIES' project plans or methods and SECOND PARTIES undertake
this repair project at their own risk and SECOND PARTIES rely
-3-
booi�' 514 IC L
solely on the recommendations of their own consultants with
respect to the effectiveness or wisdom of their repair project
plans.
9. These easements and the covenants herein contained shall
run with the land and inure to and be binding upon the successors
in title of the respective parties.
WITNESS OUR HANDS the day and year first written above.
STATE OF MISSOURI
CITY OF CAPE GIRARDEAU, MISSOURI
ancis E. Rhodes, Mayor
A cl_; d � -
y cl er
enson Segraves
Doris Segraves
) ss.
COUNTY OF CAPE GIRARDEAU
On this day of ,1%,4rc� 199 Q before me
appeared Francis E. Rhodes, to me personally known, who, being by
me duly sworn, did say that he is the Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
-4-
� a i
IN .TtSTIMONY WHEREOF, I have
my `p 'z•c.kaa' seal, at my office
d1<<, n a:tr first above written.
t }
3b>zi� =Expires:
0ctiie:1 ^$ 199 2
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
OUX
hereunto set my hand and affixed
in Cape Girardeau, Missouri, the
Delores G. Needham, Notary Public
)
ss.
On this 2 nd day of Mo,rr-)ri , 19$g_, before
me personally appeared Henson Segraves and Doris Segraves, husband
and wife, to me known to be the persons 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 at my office in said County and State the day and
year first above written.
.Y* ,)Coi(Jgi"�� on Expires:
�-t991
A, by
•z
PHOTOGRAPHED
Filed for ecord
q•`d
MAR 1�199Q
Janet Robert, Recorder
Cape Girardeau County
L larkenn Jun
W
�e 6ecccL L. B j r ;
[Typed Name of Notary Public]
STATE OF MISSOURI ss
County of q4 Girardeau,
I herehyc ccxty that this instrument
was FII,jgD-: FOR RECORD at the date
and time h wn hereon and,}&recorded in
Book ,�/V.. .Page. C . .....
JANET ROBERT
Recorder of Deeds
-5- By. .. .. .. 4
............
Deputy