HomeMy WebLinkAboutOrd.454.05-04-1987 BILL N0. 87-57 ORDINANCE N0. �
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE MISSOURI
HIGHWAY AND TRANSPORTATION COMMISSION FOR
WIDENING OF THE INTERSECTION OF WEST DRIVE,
BROADVIEW AND ROUTE K
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS :
SECTION 1 . The City Manager of the City of Cape Girardeau,
Missouri , is hereby authorized to enter into an Agreement with the
Missouri Highway and Transportation Commission for widening the
intersection of West Drive, Broadview and Route K. A copy of this
agreement is attached to this ordinance and made a part hereof .
SECTION 2. This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS � DAY OF ► 1987 •
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,
'_.� ' � . .f . . /`�,:
Francis E. Rhodes , Mayor
ATTEST:
. �
Alvin M. Stoverink , City Clerk
Roadside Access
Proposed Entra.nce Widening
City of Ca.pe Gira,rdeau
R,oute K, C�.pe Giraxdeau O�unty
AGREEE�NT
THIS AGREEI�NT, made and entered into by and between the Missouri
Highway and Transporta,tion C',o�mission, hereina.fter called "Comnission", and the
City of Ca.pe Girardea,u, Missouri, a municipal corpora.tion, hereinafter called
"City". �
WITNESSETH:
The Conmission owns and mainta.ins Route K in a.nd through Cape
Girardeau County as part of the State Highway System. City is desirous of
widening an existing 30 foot entrance left of Sta.tion 333+39.8, a.nd widening an
existing 30 foot entra.nce left of Station 327+97, both on Route K in C�.pe
Gira.rdeau County.
NpW, TI�RF,FORE, in considera.tion of the public welfare and the mutua.l
pranises and covena.nts herein contained to be faithfully kept and performed by
the parties hereto, it is agreed as follows:
1. City represents that it is the owner of certain property, loca.ted
in Cape Girardeau County, Sta,te of Missouri in Lot #1 of R,odney 400 Arpens
U.S.P.S. 2199, Township 30 North, Ra.nge 13 East.
2. By a certain instrument recorded in Book 257, pages 337-343 in
the office of the Recorder of Deeds of Cape Girardeau County, all access between
sa.id land owned by City and Route K was restricted and limited. There was
reserved the right of direct access to RAute K over a 30 foot entra.nce centered
on the left (North) rightrof-way Line of Route K opposite centerline Station
327+97.
3, By an instruuient, recorded in Book 366, page 420, in the of f ice
of Recorder of Deeds of Cape Gira.rdeau County, the 30 foot entra.nce that was
centered left of Station 334+17, was shifted by a.greement dated August 18, 1976,
to left of Station 333+39.8 in lieu of and under the same conditions and
limita.tions. �
4. Conmission hereby grants and conveys to City the right of direct�
access over a 40 foot entra,nce to Route K, said entrance to be loca.ted North of,
and at right angle to, centerline Sta.tion 327+97 said entra.nce to be in lieu of
and under the salne tezms and conditions as the 30 foot entra.nce centered on the
north rightrof-way line of Route K opposite centerline Sta.tion 327+9? reserved
in said instrwnent recorded in Book 257, page 337-343.
5. Carrnission also grants a.nd conveys to City the right of direct
access over a 40 foot entra.nce to Route K, sa.id entra.nce to be loca.ted North of,
and at right angle to, centerline Sta.tion 333+39.8 said entrance to be in lieu
of and under the same tern�s and conditions as the 30 foot entrance centered on
the North right-of-way line of Route K opposite centerline Station 333+39.8
reserved in said instrutnent recorded in Book 366, page 420.
6. City a.grees to widen these entrances at its own expense upon
receipt of the necessa.ry pennit from the Oo�nission's District Engineer or his
authorized representative.
7. Any utility facilities requiring relocation or ad,justment in
conjunction with the herein contemplated entrance sha.11 be the City's
obliga.tion.
8. City sha11 indemnify and save harmless the Ca�rnission fran
damages or claims for damages growing out of or in cor�junction with the herein
contemplated completed construction of said entra.nce.
. . . .. ' . "1 .
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their respective officers and the City executed the same
pursuant to Ordinance No. of said City approved on the
day of > 19
Executed by City this day of , �g
Executed by Commission this day of , 19
MISSOURI HIGHWAY ANO TRANSPORTATION
COMMISSION
ATTEST (SEAL)
� BY
Mari Ann Winters - Secretary
APPROVED AS TO FORM
Counsel
ATTEST (SEAL)
City Clerk
CITY OF CAPE GIRARDEAU
APPROVED AS TO FORM
By
City Attorney
. . . - _ i
MbT
Rev. (1 ) 9/26/11
Rev . �3� 5%1%8�
ACKNOWI.EDGEMENTS
State of ) ss . _
County of
On this day of � 19 �
before me persona y appeared �
to me known to be the oersons described in and who executed the foregoing
instrument , and acknowledged that they executed the same as their free act
and deed. -
IN TESTIMONY WHEREOF, I have hereunto set rt�y hand and affixed my
official seal at my office in County, Missouri ,
the day and year first above wr� tten.
(Si gnature)
( Pri nt or Type}
Notary u i c
�`ty commi ssion expi re5
r
. . ac�a��c���-r
STATE OF bffSSOURI )
) SS.
COUNIY OF COLE )
On this day of , 19 , before
me personally appeared to me
}rnown, wfzo, being by me duly s��orn, did say that he is the
of the State High��ay and Transportation Co ,., 'ssion of �Lissouri ar:d the seal
affixed to the fo:egoing ir.stn.�^.ent is t'�e official seal oi said Coriz^,ission
and that said irLstn..^r.ent wa5 sigr.e3 and sealed in benalf of said Co,c�:ssion
by aLthorit� of the State Highi�ay and Transoortatioa Corr�nission and said
aclrnowled�ed said instns;.ent
to be the fre� act a.*�d de�d of said Corr�+ission.
In Testir�.or.y t�,'�e:eof, I have I:ereunto s�et .,;y hand and aftixed, rrty
official seal, at rrry office in Co1e County, the day and year first above
written.
. ��otary Pti.:D:lc .
bty Coirnission e�cpires .