HomeMy WebLinkAboutRES.1688.07-02-2001BILL NO. 2001-148 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT TO
GRANT RIGHT-OF-WAY WITH BLUFF CITY
BEER, INC., FOR THE SIEMERS DRIVE
PROJECT
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 to Grant Right -of -Way with Bluff City Beer, Inc., a
Missouri Corporation, for the Siemers Drive Project. A copy of
said Agreement is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THISG� DAY OF 20
4A.6.Spr"adling, III, yor
ATTEST:
A'-eA emuy—
GayleoL.
Conrad, City Clerk
AGREEMENT TO GRANT RIGHT-OF-WAY
SIEMERS DRIVE PROJECT
This Agreement made this day of , 2001 by and between
Bluff City Beer, Inc., a Missouri Corporation (hereinafter the "Owner"), and City of Cape
Girardeau, Missouri (hereinafter the "City").
WITNESSETH:
WHEREAS, City is the owner of a certain tract of land located in the City of Cape
Girardeau more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference, and
WHEREAS, City wishes to widen Siemers Drive as detailed in that certain
Development Agreement for the Donation of Right -of -Way and the Widening of Siemers
Drive from Campster Drive South to Bloomfield Road, Cape Girardeau, Missouri dated
, 2001 (the "Development Agreement") and under said Development Agreement
City wishes Owner to donate right-of-way and pay a pro rata share for the cost of
completion of the project, and
WHEREAS, the construction of the project will create an undue hardship on Owner
in that Owner's access to the property will be hindered by the construction of the project,
and
WHEREAS, Owner is not willing to execute said Development Agreement without
certain assurances from City.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained here and other good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, Owner and City hereby agree as follows:
Owner agrees to execute and deliver a general warranty deed for the donation of
right-of-way, a temporary construction easement, a license and indemnity agreement, and the
aforementioned development agreement, copies of which are attached hereto and
incorporated herein by reference, subject to the following terms and conditions:
1. The cost of the improvements to Siemers Drive attributed to Owner's property shall not
exceed $15.00 per lineal foot. Owner's property has front footage on Siemers Drive of
177.9 feet, resulting in a total cost not to exceed $2,668.50.
2. For the reason of giving Owners delivery trucks unrestricted access to their property, the
City shall complete the following:
A. Demolish and remove approximately 55 feet of curb along Cape West Parkway;
B. Grade an area approximately 165 feet long by 15 feet wide for a driveway to connect
to Owner's existing parking lot;
C. Supply and spread three loads of commercial grade base (1 inch minus) in the
driveway area;
D. Do all work necessary to prepare the driveway area for concrete pour.
All work detailed above shall be completed prior to the beginning of construction on
Siemers Drive.
This Agreement may be accepted on behalf of the City by the Signature of the City
Manager, Michael G. Miller, who by his signature covenants that he has the authority to
bind the City to this Agreement, whereupon this Agreement and the acceptance thereof
become a binding contract.
IN WITNESS WHEREOF, the parties have hereto set unto their hands and seals.
OWNER:
Bluff City Beer, Inc.
William H. Bess, II, President
CITY.
City of Cape Girardeau
By
Michael G. Miller, City Manager
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TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS: BLUFF CITY BEER COMPANY, in
consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF
CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called City, the right,
privilege, permission and authority to enter on and upon the following described property which is
solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit
A PART OF UNITED STATES PRIVATE SURVEY NO. 175 and NO. 3090,
TOWNSHIP 30 NORTH RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN,
CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
All of the west 40.00 feet of Lot No. 1 of Cape West First Subdivision as recorded in the
land records of the County Recorder's Office in plat book no. 16 at page no. 55, containing
0.17 acres more or less. (7,204.01 square feet)
Said right, privilege, permission and authority to enter on and upon said property above
described is granted for the purpose of enabling the City, its agents, servants and assigns to construct
improvements to Siemers Drive, as shown on the plans and specifications therefor on file in the
Office of the City Engineer. This easement and the right, privilege, permission and authority herein
granted shall cease and terminate at the time the said project is completed and approved and accepted by
the City Council, or on the 31st day of December, 2002, whichever occurs first.
The undersigned covenant that he is the owner in fee simple of the above described
property and has the legal right to convey same.
IN WITNESS WHEREOF, the undersigned have executed this easement this
day of 12001.
BLUFF CITY BEER COMPANY
Attest:
Name
Title
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, That on this day of
2001 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came
to me personally known, who, being by me duly sworn, did state that he is
the of Bluff City Beer Company, and that said instrument was signed in behalf
of said company for the consideration stated therein and no other, and said
acknowledged said instrument to be the free act and deed of said company.
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]
GENERAL WARRANTY DEED
THIS INDENTURE, Made on the day of , 2001, by and between
BLUFF CITY BEER COMPANY, of the County of Cape Girardeau in the State of Missouri, Parry
of the First Part, and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, of
the County of Cape Girardeau, in the State of Missouri, Party of the Second Pan: 401 Independence,
Cape Girardeau, Missouri, 63703.
WITNESSETH, That the said parry of the First Part, in consideration of the sum of One
Dollar ($1.00) and other good and valuable consideration, to them paid by the said parry of the Second
Pan, the receipt of which is hereby acknowledged, do by these presents, Grant, Bargain and Sell, Convey
and Confirm, unto the said party of the Second Pan, its successors and assigns, the following described
Lots, Tracts or Parcels of Land, lying, being and situate in the County of Cape Girardeau and State of
Missouri, to -wit:
A PART OF UNITED STATES PRIVATE SURVEY NO. 175 and NO. 3090,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN,
CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
All of the west 10.00 feet of Lot No. 1 of Cape West First Subdivision as recorded in the
land records of the County Recorder's Office in plat book no. 16 at page no. 55, containing
0.04 acres more or less. (1,784.48 square feet)
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto the said party of the
Second Part, and unto its successors and assigns, FOREVER, the said parry of the First Pan hereby
covenanting that they are lawfully seized of an indefeasible Estate in Fee in the premises herein
conveyed; that they have good right to convey the same; that the said premises are free and clear of any
encumbrance done or suffered by them or those under whom they clairn, and that they will WARRANT
AND DEFEND the title to the said premises unto the said party of the Second Part, and unto its
successors and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, the said parry of the First Part have hereunto set their hand the
day and year first above written.
Attest:
By:
BLUFF CITY BEER COMPANY
Name Date
Title
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, That on this day of
2001 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came
, to me personally known, who, being by me duly swom, did state that he
is the of Bluff City Beer Company, and that said instrument was signed in behalf
of said company by authority of its Board of Directors for the consideration stated therein and no
other, and said acknowledged said instrument to be the free act and deed of
said company.
IN WTINESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year last above written.
[Typed Name of Notary Public]