HomeMy WebLinkAboutORD.2969.02-04-2002BILL NO. 02-27 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT WITH THE LITTLE RIVER
DRAINAGE DISTRICT FOR THE GREATER CAPE
GIRARDEAU WATER MAIN EXTENSION PROJECT, AND
ACCEPTING THIS WATER LINE EASEMENT FROM THE
LITTLE RIVER DRAINAGE DISTRICT, AND
CONTAINING AN EMERGENCY PROVISION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute a Contract
with the Little River Drainage District for the Greater Cape
Girardeau Water Main Extension Project. A copy of said Contract
is attached to this Ordinance and made a part hereof.
ARTICLE 2. The City of Cape Girardeau, Missouri, hereby
accepts this Water Line Easement, as executed by the Little
River Drainage District, conveying to the City of Cape
Girardeau, Missouri, a Water Line Easement for the Greater Cape
Girardeau Water Main Extension Project, more particularly
described as follows, to -wit:
A tract of land situated in the Northeast Quarter of Section 26
and the Northwest Quarter of Section 25, all in Township 30
North, Range 13 East in Cape Girardeau, Missouri described as
follows:
Commence at the Northwest corner of Fractional Section 24, also
being the Southwest Corner of United States Private Survey 2919:
thence South 00057109" West, 6090.21 feet to the Point of
Beginning, said point being on the West right-of-way line of
Missouri State Highway Department Interstate 55; thence South
89052132" West, 94.99 feet to a point; said point being the
beginning of a curve to the left with a radius of 50.00 feet,
thence Southwesterly along the arc of said curve 71.43 feet to a
tangent; thence South 00013130" East, 1055.61 feet more or less
to a point on the North line of a property recorded in book 440
page 408 in the Cape Girardeau County Recorders office; thence
North 87053117" East, 20.01 feet to a point on the Missouri State
Highway Department Interstate 55 right-of-way line; thence North
00013120" West, 1047.75 feet to a point; said point being the
beginning of a curve to the right with a radius of 30.00 feet,
thence Northeasterly along the arc of said curve 47.18 feet to
the Point of Tangent; thence North 89052132" East, 95.02 feet
more or less to a point on the West right-of-way line of Missouri
State Highway Department Interstate 55; thence North 89056140"
East, 317.32 feet more or less to a point on the East right-of-
way line of Missouri State Highway Department Interstate 55;
thence North 89056109" East, 574.27 feet to a point; said point
being the beginning of a curve to the left with a radius of 85.00
feet; thence Northeasterly along the arc of said curve a distance
of 133.52 feet to the Point of Tangent; thence North 00006102"
West 664.53 feet more or less to a point on the North right-of-
way line of The Little River Drainage District Ditch No. 2;
thence along said line North 89056110" West, 20.00 feet; thence
leaving said line South 00006102" East 664.53 feet to a point;
said point being the beginning of a curve to the right with a
radius of 65.00 feet; thence Southwesterly along said curve
102.10 feet to the Point of Tangent; thence South 89056109" West,
574.79 feet more or less to a point on the East right-of-way line
of Missouri State Highway Department Interstate 55; thence South
89056140" West, 317.32 feet more or less to the Point of
Beginning and Containing 1.324 acres more or less.
PLUS, twenty (20) feet on both sides of the above-described
parcel as a Temporary Construction Easement.
ARTICLE 3. Pursuant to Section 3.15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the
immediate preservation of public peace, property, health, safety
or morals. Specifically, the Little River Drainage District
needs to have this executed Contract by February 13, 2002, for
action at its meeting on February 19, 2002, and the bid opening
for the project is scheduled for February 12, 2002.
Accordingly, this ordinance will take effect immediately upon
its passage and approval.
PASSED AND APPROVED THIS DAY OF
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A. M Spradling, III, MVor
`AtTEST
Gayle I. Conrad, City Clerk
CONTRACT
WHEREAS, The City of Cape Girardeau, a municipality organized and existing under and by virtue of
the State of Missouri, and hereinafter called "City" is desirous of constructing and maintaining a 12" PVC waterline
for the purpose of providing such services to lands within their City limits not now provided with such service, and
in order to do so it is necessary to secure permission to cross the rights of way of some of the ditches, floodways,
and levees constructed and owned by The Little River Drainage District, a public corporation of the State of
Missouri, with its chief office in Cape Girardeau, Missouri, and hereinafter called District, and
WHEREAS, said District is willing to grant permission sought by the City upon the terms and conditions
hereinafter set out,
NOW, THEREFORE, the above named parties have this day made and entered into the following contract
and agreement:
1. The District in consideration of $2881.00 for a 20' permanent easement and a 20' temporary
construction easement on either side of the permanent easement and $500.00 for plan review and legal services in
hand paid to it by City, the receipt of which is hereby acknowledged, and the performance by City of the conditions
hereinafter imposed upon it in the agreement, does hereby grant to City permission to construct and maintain a
waterline under and across the rights of way of the following named, numbered and described ditches and levees
at the points hereafter stated and as shown on the plat hereto attached and made a part hereof.
WATER LINE EASEMENT - DESCRIPTION
A tract of land situated in the Northeast Quarter of Section 26 and the Northwest Quarter of Section 25,
all in Township 30 North, Range 13 East in Cape Girardeau, Missouri described as follows:
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Commence at the Northwest comer of Fractional Section 24, also being the Southwest Comer of United
States Private Survey 2919: thence South 00`57'09" West, 6090.21 feet to the Point of Beginning, said
point being on the West right-of-way_ line of Missouri State Highway Department Interstate 55; thence
South 89°52'32" West, 94.99 feet to a point; said point being the beginning of a curve to the left with a
radius of 50.00 feet, thence Southwesterly along the arc of said curve 71.43 feet to a tangent; thence South
00°13' 30" East, 1055.61 feet more or less to a point on the North line of a property recorded in book 440
page 408 in the Cape Girardeau County Recorders office; thence North 87053'17" East, 20.01 feet to a
point on the Missouri State Highway Department Interstate 55 right-of-way line; thence North W13'20"
West, 1047.75 feet to a point; said point being the beginning of a curve to the right with a radius of 30.00
feet, thence Northeasterly along the arc of said curve 47.18 feet to the Point of Tangent; thence North
89052'32" East, 95.02 feet more or less to a point on the West right-of-way line of Missouri State Highway
Department Interstate 55; thence North 89056'40" East, 317.32 feet more or less to a point on the East
right-of-way line of Missouri State Highway Department Interstate 55; thence North 89056'09" East,
574.27 feet to a point; said point being the beginning of a curve to the left with a radius of 85.00 feet;
thence Northeasterly along the arc of said curve a distance of 133.52 feet to the Point of Tangent; thence
North 00°06'02" West 664.53 feet more or less to a point on the North right-of-way line of The Little
River Drainage District Ditch No. 2 thence along said line North 89P56'10 West, 20.00 feet; thence
leaving said line South 0006'02" East 664.53 feet to a point; said point being the beginning of a curve
to the right with a radius of 65.00 feet; thence Southwesterly along said curve 102.10 feet to the Point of
Tangent; thence South 89°56'09" West, 574.79 feet more or less to a point on the East right -0f --way line
of Missouri State Highway D2partment Interstate 55; thence South 89056'40" West, 317.32 feet more or
less to the Point of Beginning and Containing 1.324 acres more or less.
Where said a waterline crosses Ditch No. 2 and The Headwater Diversion Chanhel ,and Levee it—
shall be constructed a minimum of five (5) feet below the slopes and berms and a minimum of eight (8) feet below
the grade bottom elevation of said Ditch No. 2 and the Headwater Diversion Channel.
Where said waterline crosses the levee section trenching into levee section shall not be greater than
12" in depth. The pipe shall then be covered with clean good dirt free from debris and hazardous materials to a
minimum of 30" above the existing levee section sloped at 1' on 20' with the direction of the levee road.
4. Where said waterline crosses the levee section restoration of the road shall be as set forth on the
construction plans and specifications.
5. Where said waterline crosses Ditch No. 2 and The Headwater Diversion Channel and Levee
measures shall be provided during construction so as to prevent any undue erosion of the channel and its banks. In
the event erosion occurs at some time during or after construction, the City shall immediately repair such erosion
and take whatever means necessary to prevent such action from reoccurring.
6. City, its contractors, agent or representative of either, shall give to the Engineer of the District
at least five (5) days notice of the date of the expected crossing of said ditch covered by this agreement.
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7. City, its successors or assigns, agree that at no time or under any circumstances, shall it impair,
fill up, injure, destroy, or reduce the cross section or carrying capacity of said ditches, nor shall it, or anyone
for it, place a temporary obstruction in said ditch without first obtaining the written consent thereto of the Chief
Engineer of said District, and if permission is given, said obstruction shall be immediately removed at the request
of the Chief Engineer of said District.
8. City, agrees that if, as and when, the District or anyone acting for it shall proceed to do any
work in the way of maintenance or enlargement of the ditches, or excavating new channels, or enlargement or
relocation of old channels hereinafter described, whether done by machinery or otherwise, that it will at its sole
cost either construct a detour loop, or permanently relocate its waterline as may be required by the District in order
to permit the District or its servants, agents, employees or contractors, engaged in cooperative work with the
District to do said work without hindrance to the District or hazard to the waterline.
9. Whenever such construction, maintenance, except clearing, or enlargement work is done, the
District shall give written notice to said City, or its successors and assigns, thirty (30) days in advance of the time
when it is expected the agents, servants, employees, contractors, or others engaged in such work will reach said
waterline crossing and said City shall immediately proceed to construct a detour loop, or relocate said waterline in
accordance with the requirements hereinabove set out so as to have same fully completed within twenty (20) days
after such notice. Should City fail to carry out the conditions hereinabove set out, the District, its contractors or
agents or employees or anyone working for it in any capacity, may cause such act or duty to be done or performed
without liability on the part of The Little River Drainage District, and shall bill City, its successors and assigns for
the cost of same, plus 20 %, and in which event they shall promptly pay District, or contractor for such work or
service.
10. The City, its successors and assigns, assumes the entire hazard, risk and responsibility for any
and all damages, claims or causes of action that may arise, either directly or indirectly from claims, accidents,
or casualties resulting from the construction, maintenance or operation of said waterline across the right of ways
of said District and to hold the District free and harmless from all such claims or causes of action should same be
asserted against the District.
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11. This contract shall be binding upon the District and City and their respective successors and assigns
for such period of time, not to exceed ninety-nine years, as they may be authorized to function under the laws of
the State of Missouri, irrespective of whether the successors and assigns of either corporation may take and hold
their respective rights by voluntary conveyance from their predecessor in title.
12. Neither the City, nor its successors in title shall ever claim any right, title or interest in and to
said land superior or dominant to those now held by District.
13. Said District may cancel and revoke the permission herein granted by giving ninety (90) days
written notice to said City, or its successors or assigns at any time that full and complete compliance with the
conditions herein imposed upon said City are not fully complied with.
IN WITNESS WHEREOF, The Little River Drainage District has caused this instrument to be executed
by its duly authorized officers on this day of , 2002.
THE LITTLE RIVER DRAINAGE DISTRICT
By
President, Board of Supervisors
ATTEST:
Secretary, Board of Supervisors
IN WITNESS WHEREOF, The City of Cape Girardeau has caused this instrument to be executed by its
duly authorized officers on this of , 2002.
C OFC GIRARDEAU
B
A. M. Spradling, III,Mayor
ATTEST:
Gayle Conrad, City Clerk
STATE OF MISSOURI )
)SS
COUNTY OF CAPE GIRARDEAU )
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On this of , 2002, before me appeared Sam M. Hunter to me
personally known, who, being by me duly sworn, did say that he is the President of the Board of Supervisors of
The Little River Drainage District and that the seal affixed to the foregoing instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed in behalf of said corporation by authority if its Board
of Supervisors and said Sam M. Hunter acknowledged said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the
day of , 2002.
Notary Public (Kay Gilliland)
My Commission expires
STATE OF MISSOURI )
)SS
COUNTY OF CAPE GIRARDEAU )
On this the day of before me appeared A. M. Spradling, III to me
personally known, who, being by me duly sworn, did say that he is Mayor of The City of Cape Girardeau, a
municipality of the State of Missouri, and that the seal affixed to the foregoing instrument was signed and sealed
in behalf of said City by authority of Council, and its Mayor, said A. M. Spradling, III acknowledged said
instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on this
day of , 2002.
My commission expires
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Notary Public