HomeMy WebLinkAboutCityMgrForm.625.11-17-1971CITY 14ANAGER FORM ORDINANCE NO.' GK'S'
AN ORDINANCE ACCEPTING A COVENANT AND AGREEMENT FROM CAPE
DRIVE-IN THEATERS, INC., GIVING THE CITY OF CAPE GIRARDEAU
THE RIGHT TO CONTROL AND LIMIT ACCESS OF INGRESS AND EGRESS
TO MOTOR VEHICLE TRAFFIC FROM STAR-VUE _MOBILE HOME COURT TO
KAGE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
VJHEREAS, Cape Drive -In Theaters, Inc., a Missouri
Corporation, by William O. Hipes, President and Howard O. Bates,
Secretary, have executed a Covenant and Agreement, giving the
City of Cape Girardeau, Missouri, the right to control and limit
access of ingress and egress to motor vehicle traffic from
Star-Vue Mobile Home Court to Kage Road, in the City and County
of Cape Girardeau, Missouri, as more fully described hereinafter
in this ordinance, and the City desires to accept such Covenant
and Agreement and have the same recorded;
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 a Covenant and Agreement executed by Cape Drive -In
Theaters, Inc., a Missouri Corporation, by William 0. Hipes,
President and Howard 0. Bates; Secretary, dated the 15th day of
November, 1971, conveying to the City the right to control and
limit access of ingress and egress to motor vehicle traffic from.
Star-Vue Mobile Home Court to Kage Road, on the following described
real estate located in the City and County of Cape Girardeau,
Missouri:
Part of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 31 North, Range 13 East, City
and County of Cape Girardeau, State of Missouri,
described as follows:'
Start at the Southeast corner of the Southwest
Quarter of the Northwest Quarter of said Section 26;
thence North, along the quarter -quarter section line,
350.0 feet to the point of beginning; thence west,
parallel to the east -west quarter section line,
827.0 _feet; thence North, 588.0 feet; thence East,
282.0 feet; thence South 250 20' East,.105.0 feet;
thence East, 172.0 feet; thence South 287.0 feet;
thence East, 328.07 feet to the aforementioned
quarter -quarter section line; thence South 206.10
feet to the point of beginning, and containing
7.86 acres.
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SECTION 2. It is ordered by the Council of the City.of
Cape Girardeau that said Covenant and Agreement be. 'recorded by
the City Clerk in the 'Office of the Recorder of Deeds of Cape
Girardeau County, Missouri.
SECTION 3. This ordinance shall be in full force and
effect ten days after its passage and approval.
ATTEST:
PASSED AND APPROVED THIS ..t�DAY OF NOVEMBER, 1971.
CITY CLERK .
MAYOR
COVENANT AND AGREEMENT
THIS INDENTURE, made on this 15th day of November, 1971, by
and between CAPE DRIVE-IN THEATERS, INC., a corporation of the State
of Missouri, Party 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 Part, WITNESSETH:
WHEREAS, Party of the First Part has requested the rezoning
of property hereinafter described for the purpose of placing mobile
homes thereon, and,
WHEREAS, the City Council of the City of Cape Girardeau has
indicated that it will rezone said property provided the First Party,
its tenants and lessee, do not use the Kage Road for ingress or
egress from said property, and,
WHEREAS, Party of the First Part are the owners of additional
property behind and south of said mobile homes which they will even
tually desire to develop for one -family residences,
NOW THEREFORE, the Party of the First Part, in consideration
of the sum of One Dollar and Other Valuable Considerations, the
receipt of which is hereby acknowledged, do hereby covenant with
the Party of the Second Part, as follows:
1. That the First Parties are the owners of the following
described real estate located in the City and County of Cape Gir-
ardeau, State of Missouri, described as follows:
Part of the Southwest Quarter of the Northwest
Quarter of Section 26, Township 31 North, Range 13
East, City and County of Cape Girardeau, State of
Missouri, described as follows:
Start at the Southeast corner of the Southwest
Quarter of the Northwest Quarter of said Section 26;
thence North, along the quarter -quarter section line,
350.0 feet to the point of beginning; thence West,
parallel to the east -west quarter section line,
827.0 feet; thence North, 588.0 feet; thence East,
282.0 feet; thence South 250 20' East, 105.0 feet;
thence East, 172.0 feet; thence South 287.0 feet;
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thence East, 328.07 feet to the aforementioned quarter -
quarter section line; thence South 206.10 feet to the
point of beginning, and containing 7.86 acres_
2. That the Parties of the First Part covenant and agree with
the City of Cape Girardeau that the City shall have the right to
of ingress and egress to motor vehicle traffic
control and limit access/from Star-Vue Mobile Home Court to Kage
Road from the above described real estate, and this shall be a
covenant running with the land and binding on First Parties, their
successors and assigns.
3. That in accepting this covenant and agreement, the City
of Cape Girardeau will not affect the right of ingress and egress
to Parties of the First Part for that part that is zoned "R-1" and
still owned by Party of the First Part, which is the South 350
feet of the tract owned by the Party of the First Part, and which
is 827 feet in depth.
IN WITNESS WHEREOF, the Party of the First Part has caused
these presents to be signed by its president, attested to by its
secretary, and its corporate seal affixed hereto, the day and year
above written.
IN
. "*.sir,.•
Sac retary
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
CAPE DRIVE-IN THEATERS, INC.
,gyp i
By GG�mw�cix 2 �-
SS.
On this day of November, 1971, before me appeared
William 0. Hipes, to me personally known, who, being by me duly
sworn, did say that he is the President of Cape Drive -In Theaters, Inc.,
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a corporation of the State of Missouri, and that the seal affixed
to the foregoing :instrument is the corporate seal of said corpora-
tion, and that the said instrument was signed and sealed.in behalf
of said corporation by authority of its board of directors, and
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, at my office the day and year first above written.
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GMTi ,;ssi'Jil EYP;res
STATE OF MISSOURI, In the Recorder's Office
County of Cape Girardeau, } ss.
I,L.J. SCHUMACHER, Recorder of said County, do hereby certify that the within instru-
m,en of i4r t �g was , at'.............g...... o'clock and .......a%.......... minutes ... �.....M.,
3'ohr�he `, ......�P........... day of ...... WQVf..... ......, A.D., 19 7.1 ........ duly
�« :3filgd for record in my office, and is recorded in the records of this office, in book ..�a..
at page. .:J,0?$..........
"ter fq;.1,14n,es.s`Whereof, I have hereunto set my hand and affixed my official seal at
Jackson, Mo., the date first above written.
By ....................................... Deputy ......................................."" Recorder
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