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Home My WebLink AboutRES.1633.01-08-2001BILL NO. 2001-1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TRUMAN R. COLE, JR., TRUSTEE, FOR THE TRANSFER OF REAL PROPERTY AND MAINTENANCE OF STORMWATER DETENTION BASINS ALONG LEXINGTON AVENUE 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 an Agreement with Truman R. Cole, Jr., Trustee of the Truman R. Cole, Jr., Declaration of Living Trust, dated the 25th day of January, 1990, for the transfer of real property and maintenance of stormwater detention basins along Lexington Avenue. A copy of said Agreement is attached to this Resolution and made a part hereof. +h PASSED AND ADOPTED THIS //DAY OF 200. 11 J �C 0 yor AGREEMENT FOR THE TRANSFER OF REAL PROPERTY AND MAINTENANCE OF STORMWATER DETENTION BASINS Truman Cole Property Cape Girardeau, Missouri This Agreement (the "Agreement") is entered into this % day of 2000, by and between the City of Cape Girardeau, Missouri (the "City") and Truman R. Cole, Jr., Trustee of the Truman R. Cole, Jr., Declaration of Living Trust, dated the 25`' day of January, 1990 (the "Owner"). WHEREAS, in order provide for the continued stormwater detention for the Lexington Street improvement, the Parties wish to enter into this Agreement in order to generally describe their respective rights, duties and obligations. The detention basins that are the subject of this Agreement are further described as: A PART OF UNITED STATES PRIVATE SURVEY NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a point on the west line of said USPS No. 2198, said point being the southwest corner of section 24; Thence along the south line of said section 24, S 85014'00" E, 1,343.10 feet to a point on the east line of Woodland Place Subdivision No. 1; Thence leaving said section line and along said east line N 05051'00" E, 100.00 feet to a point on the north right of way line of Lexington Avenue; Thence leaving said east line and along said right of way line S 83053'00" E, 24.77 feet to the TRUE POINT OF BEGINNING; Thence continuing along said right of way line the following courses and distances: N 42023'00" E, 177.03 feet; Thence S 04°57'00" E, 145.44 feet; Thence leaving said right of way line N 8305258" W, 132.64 feet to the point of beginning, containing 0.217 acres more or less. (9,466.09 square feet) A PART OF UNITED STATES PRIVATE SURVEY NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a point on the west line of said USPS No. 2198, said point being the southwest corner of section 24; Thence along the south line of said section 24 the following courses and distances: S 85°14'00" E, 1,343.10 feet; Thence S 83°54'00" E, 1,364.80 feet; Thence S 85032'00" E, 332.55 feet; Thence leaving said section line, N 04°08'00" E, 97.98 feet to a point on the north right of way line of Lexington Avenue, said point being the TRUE POINT OF BEGINNING; Thence continuing along said right of way line the following courses and distances: N 04008'00" E, 60.08 feet; Thence N 872700" W, 155.01 feet; Thence S 05031'00" W, 35.03 feet; Thence leaving said right of way line S 78016'08" E, 157.18 feet to the point of beginning, containing 0.170 acres more or less. (7,391.82 square feet) NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, it is agreed by the Parties as follows: 1. The City agrees to convey to the Owner fee simple title for the property underlying two stormwater detention basins adjacent to Lexington Street, as described above. 2. The Owner agrees to accept all maintenance and liability responsibilities for these two stormwater detention basins. The Owner agrees to keep the detention basins in their current condition in 9rder for the basins to continue to provide appropriate stormwater detention needed for the Lexington Street improvement. The City agrees that the Owner may plant a row of small trees along the south side of these basins. 3. At any time in the future the Owner may provide equivalent stornrwater detention to the two above -noted basins on another part of the Owner's property and eliminate the above -noted detention basins. In order to eliminate the existing basins, the Owner must submit a Stormwater Management Plan to the City which shows that equivalent stormwater detention will be provided on another part of the Owner's property. If the proposed Stormwater Management Plan meets the City's standards and is approved by the City Engineer, the Owner may eliminate the above -noted stormwater detention basins upon completion of the new detention basins and approval of the new basins by the City Engineer. 4. The Owner agrees that if the existing stormwater detention basins are improperly removed as set out in paragraph 3 hereinabove, or are not properly maintained as determined by the City Engineer, the City shall have the right to enter upon the Owner's property in order to maintain, operate or reconstruct the detention basins. The Owner further agrees that the City shall have the right to issue tax bills to the Owner for the costs of such maintenance or reconstruction activities, and Owner hereby waives any required formalities in the issuance of such tax bills. 5. It is agreed that the Owner will pay all expenses incident to the preparation and recordation of the deed. 6. The Owner represents that no elected City official or City employee shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom. 7. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the Owner. 8. All terms and conditions with respect to this agreement are expressly contained herein and the Owner agrees that no representative or agent of the City has made any representation or promise with respect to this agreement not expressly contained within. /1 n ATTEST: Truman Rule, Jr.,Trustee / Truman R Cole, Jr., Declarati o iving Trust, dated the 25`'' day of J nary, 1990 ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Michael G. Miller City Manager "1, APPROVED AS TO FORM: By: Eric Cunningham City Attorney Resolution No. STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this day of 2000, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Michael G. Miller, City Manager of Cape Girardeau, Missouri, a City duly organized, incorporated and existing under and by virtue of the laws of the State of Missouri, and who is personally known to me to be the same person who executed, as such officials, the within instrument on behalf of said municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. [Typed Name of Notary Public] STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this 19 day of December , 2000 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Truman R Cole, Jr., Trustee of the Truman R Cole, Jr., Declaration of Living Trust, dated the 25`x' day of January 1990, who is personally known to me to be the same person who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed and in his capacity as Trustee. Truman R Cole, Jr. further acknowledged that the Trust remains in full force and effect and he is the duly appointed and acting Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. (' A y n n Re n f r ow q Con;mastaon ;;pww, , 13/05/03 yped Name of Notary Public]