HomeMy WebLinkAboutCityMgrForm.809.08-15-1973CITY MANAGER FORM ORDINANCE NO'.
AN ORDINANCE ACCEPTING EASEMENTS FOR SEWERS IN SET17ER DISTRICT
NO. 14-E AND 12-LL-A, APPROVING THE FORM OF Ali AGREEMENT, WITH
AUTHORITY FOR THE MAYOR TO EXECUTE
WHEREAS, Burton J. Gerhardt and Kathryn Harris Gerhardt,
his wife; Wilford W. Back and Charleen Back, his wife;Darrell W.
Brown and Ann Y. Brown, his wife; and Timothy J. Singleton and
Marilyn K. Singleton, his wife, have executed easements for sewers
in Sewer District No. 14-E and 12 -LL -A, .conveying to the City of
Cape Girardeau, Missouri, land all in the City of Cape Girardeau,
Missouri, and all as more fully described hereinafter in the
ordinance, and the City desires to accept such easements and have
the same recorded; and,
WHEREAS, in consideration for the granting of the sewer
easement to the City, Burton J. Gerhardt and Kathryn Harris Gerhardt,
his wife and the City of Cape Girardeau, Missouri, desire to enter
into an Agreement whereby the City will restore certain conveyed
easement areas to their former condition;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City of Cape Girardeau, Missouri, hereby
accepts easements for sewers, executed by Burton J. Gerhardt and
Kathryn Harris Gerhardt, his wife; Wilford W. Back and Charleen
Back, his wife; Darrell W. Brown and Ann Y. Brown, his wife; and
Timothy J. Singleton and Marilyn K. Singleton, his wife, conveying
to the City of Cape Girardeau, Missouri, easements for sewers in
Sewer District No. 14-E and 12 -LL -A on the following described
real estate located in the City and County of Cape Girardeau,
Missouri, to -wit:
Part of U. S. Private Survey No. 222, in the City
and County of Cape Girardeau, Missouri, described as
follows:
A strip of land 10 feet wide, the center line of
said strip being described as follows:
1. Begin at a point on the North line of U. S. Private
Survey No. 222, 104 feet, N. 81° 42' W., from its
intersection with the center line of U. S. Route 61,
which point shall hereinafter be called the "Beginning
Point"; thence South parallel with the center line of
U. S. Route 61, and 40feetWest of the west right-of-way
line of U. S. Route 61, 1220 feet, and there terminating;
also,
2. From the beginning point run South parallel to the
center line of U. S. Route 61, 847 feet, for a second
point of beginning; thence West and right angles to the
center line of U. S. Route 61, 426 feet to a point, which
point shall hereinafter be referred to as "Point A";
thence continue West at right angles to U. S. Route 61,
377 feet to a point, which point shall hereinafter be
referred to as "Point B", and there terminating; also,
3. Begin at "Point A" above described, and run North
parallel to the center line of U. S. Route 61, to the
North line of U. S. Private Survey No. 222 and there
terminating; also,
4. Begin at "Point A" above described, and run South
parallel to the center line of U. S. Route 61, 370.feet,
and there terminating; also,
5. Begin at "Point B" above described, and run North
parallel to the center line of U. S. Route 61, 860 feet,
and there terminating; also,
6. Begin at "Point B" above described, and run South
parallel to the 'center line of U. S. Route 61, 370 feet,
and there terminating; also,.
7. A strip of land 10 feet wide, lying South of and
adjoining the north line of U. S. Private Survey No. 222,
described as follows:
Start at the "Beginning Point thence North 81° 42'
West with the North line of U. S. Private Survey No. 222,
195 feet for a point of beginning; thence North 810 42'
West with the North line of U. S. Private, Survey No. 222,.
251 feet; thence South 20 23' West 10 feet; thence
South 810 42' East 251 feet; thence North 20 28' East,
10 feet to the point of beginning; also,,
8. A strip of land 10 feet wide, the center line of
said strip being described as follows:
Begin at the "Beginning Point":; thence South 810 42'
East, 10 feet; thence South parallel to the Center line
of U. S. Route 61 and 30 feet West of the West right-of-way
line of U. S. Route 61, 60 feet, and there terminating.
Part of U. S. Private Survey No. 222, in the City
and County of Cape Girardeau, Missouri, described
as follows.:
A strip of land 10 feet wide alongside of
and to the South of a line described as follows:
Begin at a point on the North line of U. S.
Private Survey No. 222, 109 feet North 81° 42'
West from its intersection with the center line
of U. S. Route 61, which point is the same as the
Northeast corner of a tract of land described in
deed recorded in Book 280 at Page 359; thence
generally Westerly with the North :line of U. S.
Private Survey No. 222, approximately 190.6 feet
to the Northwest corner of a tract of land described
in deed recorded in Book 236 at Page 167 and there
terminating.
-2-
SECTION 2. The easements hereby conveyed as described in
Section 1 hereof are for the purpose of enabling the City, its
agents, servants and assigns, to install, lay, erect, construct,
maintain, operate and repair a certain sewer pipe or sewer main
which is to be placed in, on, upon, or across said property described,
together with all the 'useful, necessary and proper adjuncts,
appurtenances, manholes, and appliances in connection therewith.
SECTION 3. That the Agreement between Burton J. Gerhardt
and Kathryn Harris Gerhardt, his wife and the City of Cape Girardeau,
Missouri, a copy of which is attached hereto marked " Exhibit A
is approved in form.
SECTION 4. That the Mayor of the City of Cape Girardeau is
hereby authorized and directed to execute the Agreement between
Burton J. Gerhardt and Kathryn Harris Gerhardt, his wife and the
City of Cape Girardeau, Missouri, attached hereto marked "Exhibit A",
for and on behalf of the City of Cape Girardeau, Missouri.
SECTION 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
i-�
PASSED AND APPROVED THIS 15' DAY OF'/<,,z , 1973.
a--
ATTEST:
CITY CLERK
-3-
MAYOR.
AGREEMENT
This Agreement, made and entered into this z;`'Z day of
1973, by and between BURTON J. GERHARDT and
KATHRYk HARRIS GERHARDT, his wife, hereinafter referred to as
"First Party" and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation of the County of Cape Girardeau, State of Missouri,
hereinafter referred to as "Second Party";
NOW, THEREFORE, In consideration of the mutual covenants
and conditions set out herein, the Parties hereto agree as follows:
1. The First Party shall convey a sewer easement to
the City of Cape Girardeau for the purpose of installing,, laying,
erecting, constructing, maintaining, operating- aria repairing
certain sewer lines over right-of-way described as follows:
Part of U. S. Private Survey No. 222, in the City
and County of Cape Girardeau, Missouri, described as
follows:
A strip of land 10 feet wide, the center line of
said strip being described as follows:
1. Begin at a point on the North line of U. S. Private
Survey No. 222, 104 fe4et, N. 81° 42` W., from its
intersection with the <center line of U. S. Route 61,
which point shall hereinafter be called the "Beginning
Point"; thence South parallel with the center line of
U. S. Route 61, and 40 Meet West of the West right-of-way
lime of U. S. Route 61, 1220 feet, and there terminating;
also,
2. From the beginning point run South parallel to the
center line of U. S. Route 61, 847 feet, for a second
point of beginning; thence West and right angles to the
center line of U. S. Route 61, 426 feet to a point, which
point shall hereinafter be referred to as "Point A";
thence continue West at right angles to U. S. Route 61,
377 feet to a point, which point shall hereinafter be
referred to as "Point B", and there terminatina; also,
3. Begin at "Point A" above described, and run North
parallel to the center line of U. S. Route 61, to the
North line of U. S. Private Survey No. 222 and there
terminating; also,
4. Begin at "Point A" above described, and run South
parallel to the center line of U. S. Route 61, 370 feet,
and there terminating; also,
5. Beain at "Point B" above described, and run North
parallel to the center line of U. S. Route 61, 860 feet,
and there terminating; also,
6. Begin at "Point B" above described, and run South
parallel to the center line of U. S. Route 61, 370 feet,
and there terminating; also,
7. A strip of land 10 Leet wide, lying South of and
adjoining the north line of U. S. Private Survey No. 222,
described as follows;
Start at the "Beginning Point"; thence North. 81" 42°
West with the Nortl_ line of U. S. Private Survey No. 222,
EXHIBIT "Aw
195 feet for a point of beginning; thence North 81° 42'
West with the North line of U. S. Private Survey No. 222,
251 feet; thence South 2° 23' West 10 feet; thence
South 810 42' East 251 feet; thence North 2° 28' East,
10 feet to the point of beginning; also,
8. A strip of land 10 feet wide, the center line of
said strip being described as follows:
Begin at the "Beginning Point"; thence South 81° 42'
East, 10 feet; thence South parallel to the Center line
of U. S. Route 61 and 30 feet west of the :lest right-of-way
line of U. S. Route 61, 60 feet, and there terminating.
2. The Second Party shall at the time of construction
of the said system of sanitary sewers insure that the right-of-way
conveyed herein for the purpose of constructing said system of
sewers will be restored to its former condition. The Second Partv
shall also in its contract with the Contractor constructing the
said system of sanitary sewers require the Contractor to replace
or repair any damaged storm sewer lines, water mains, electric
or gas transmission lines or any other utilities located in the
area of the sewer district which damage occurs as the result of
the construction of the system of sanitary sewers.
3. This Agreement shall inure to the benefit of and be
binding upon the Executors, administrators, heirs, and assigns
of the First Party and upon the successors and assigns of the Second
Party.
IN WITNESS WHEREOF, the Parties have executed this Agreement
the day and year first above written.
Burton J.!Gerhardt
ATTEST:
City Clerk
Kathryn Harris Gerhardt
CITY OF CARE GIRARDEAU, MISSOURI
By
Mayor
2.
POKER 6F ATTMY
KjOW AIDE MEN, BY THEV PRESMS, S, t' t 1, Kathryn Harris Gerhardt
of Cape Girardeau, '"is Souri, hereby make, corstitute, and appoint har4
Kay Coombs, of Cato Girardeau, Missouri, my true and 1p fill attorney for
me. and in my name to borrow an7 sum or sums of :'Toney on such terms and: with
such Security as My attorney ma,',+ think fit, and for that pur_.ose to execute
all rromissory notes, bonds, mo.•tjaFes and other _T7.':''..11nortc which May be
necessary or Proper; to deposit any moneys which mal cone to her hands as
such attorney With any bank or banker in my name, and „_,'zne,my said attorney
full D®Wer and authority to do everything whatsoev!r necessary to be 4onc in
the prelmisins as fully as 1 could do if personally presont, herecy ratifying ....:..
and confirming all that my Said attorney shall lawfolly do or cause to be
done by virtue hereof.
In Witness F,hereof, 1 have hereunto set my hand this 10th day of July 1973.
a Mryr;`:.arra. =,rhardt
In presence of:
STATE OF ''IIS``-,OUHI )
COUNTY GF CAM ^=iYMM'J
; e '_073, befcre me Pers" -
On this �f' da- of $;®.,� � � r 3
appeared Kathryn', Harris 002r4t to me known to be the person described 1n
andwho executed the foregoing instrument and acknowledged that She executed r
the same as her free act and deed,
r•!
IN TFST12•iG.Y YER&F, 1 have hereunto set ny hand and affixed my official
. -seal at my Mice in said county the day and year first above written.
_ nor
commission expires:
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