HomeMy WebLinkAboutCityMgrForm.1397.11-15-1978 � � �
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CITY MANAGER FORM ORDINANCE N0. �
AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEEN THE CITY
OF CAPE GIRARDEAU, MISSOURI AND S.B.O. INVE5TMENTS, A MISSOURI
PARTNERSHIP, JOHN L. OLIVER, JR. , JOSEPH T. BUERKLE, AND KENNETH
SEABAUGH, CONCERNING 6VILDWOOD SUBDIVISION, AUTHORIZING THE MAYOR
TO EXECUTE
WHEREAS, S.B.O. Investments, a Missouri Partnership, has
platted and submitted to the City a proposed subdivision to be
known as °`Wildwood Subdivision" , and
WHEREAS, the City desires to obtain a roadway from the North
terminus of Turtle Road as designated on said plat with the North
line of said subdivision in order to provide for future development
and S.B.O. Investments proposes to establish a permanent easement
for said future road and is willing to guarantee pavement of said
roadway whenever the City shall so request it, and
wHEREAS, the said parties desire to enter into an agreement
for the said roadway;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION l. The "Agreement" , copy attached hereto marked
Exhibit "A" , between the City of Cape Girardeau, Missouri, and
S.B.O. Investments, a Missouri Partnership, John L. Oliver, Jr. ,
Joseph T. Buerkle, and Kenneth Seabaugh, is approved as to form.
SECTION 2. The Mayor of the City of Cape Girardeau, Missouri,
is hereby authorized to execute said "Agreement°' , copy attached
hereto marked Exhibit "A°' , for and on behalf of the City of Cape
Girardeau, Missouri.
SECTION 3. This ordinance shall be in full force and effect
ten (10) days after its passage and approval.
PASSED AND APPROVED THIS � DAY OF �,/��'1��-��Lf.
1978.
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ATTEST: MAYOR �-
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CITY LERK
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AGREEMENT
Agreement made this day of 1978 �
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by and between S.B.O. Investments, a Missouri Partnership, John
L. Oliver, Jr. , Joseph T. Buerkle, and Kenneth Seabaugh, hereinafter
referred to as "Developer" , and the City of Cape Girardeau,
Missouri, a Municipal Corporation, hereinafter referred to as
"City" .
WITNESSETH:
WHEREAS, Developer has platted and submitted to the City a
proposed subdivision to be known as "Wildwood Subdivision" , and
WHEREAS, City desires to obtain a roadway from the North
terminus of Turtle Road as designated on said plat with the North
line of said subdivision in order to provide for future development,
and"
WHEREAS, the proposed subdivision is unacceptable without a
guarantee by Developer that this roadway will be paved according
to City Standards at a later date, and
WHEREAS, the Developer is desirous of obtaining the City' s
approval of its subdivision plat, and proposes to establish a
permanent easement for public access over the 307. 12 feet of the
future roadway, and
WHEREAS, the Developer is willing to guarantee the pavement
of said roadway twenty (20) feet in width according to City
Standards whenever City shall so request it,
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein, it is agreed by the parties as
follows :
1. Developer agrees to establish and dedicate to the City
a permanent easement for public access as shown on the proposed
plat of "Wildwood Subdivision" as submitted to the City Council
and attached hereto marked Exhibit "A" .
2. The parties specifically agree that Developer is not at
this time required to pave the 307.12 feet of roadway from the
EXHIBIT nA°
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North terminus of Turtle Road to the North line of said subdivision.
3• It is further agreed by the parties that when the City
Council of the City of Cape Girardeau, Missouri, shall determine
that the pavement of said 307. 12 feet is necessary and desirable
for the extension or interconnection of roadways, then and at
that time Developer shall cause the said 307.12 feet to be paved
in accordance with the Standards and Specifications of City then
in force and effect, twenty (20) feet in width (including curbs
and gutters) , all at Developer's expense.
4. The City hereby removes its objection to the failure to
pave the aforementioned 307.12 feet of roadway at this time, and
agrees to withdraw its objection to subdivision approval on that
basis.
5. Since it is the intent of Developer to guarantee the
pavement of said roadway as specified herein, this agreement
shall be binding upon the parties hereto, their heirs, executors,
administrators, successors and assigns, and shall be referenced
in all deeds of subdivision property and recorded in the land
records of Cape Girardeau County, Missouri.
S.B.O. INVESTMENTS,
A Missouri Partnership
By
John L. Oliver, Jr.
By
Joseph T. Buerkle
By
Kenneth Seabaugh
CITY OF CAPE GIRARDEAU, MISSOURI
BY �
Paul W. Stehr, Mayor
ATTEST:
Verna L. Landis, City Clerk
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STATE OF MISSOURI �
COUNTY OF CAPE GIRARDEAU � ss.
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On this day of November, 197g, before me
appeared S.B.O. Investments, a Missouri Partnership,PbySJohn1L.
Oliver, Jr. , Joseph T. Buerkle, and Kenneth Seabaugh, to be known
to be the persons 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 my hand and
affixed my official seal at my office in said County and State
the day and year first above written.
(Typed Name of Notary Public)
My Commission Expires :
STATE OF MISSOURI �
COUNTY OF CAPE GIRARDEAU � ss.
)
On this day of
appeared PAUL W. STEHR, to me � 1978. before me
duly sworn, did say that he isPthe�Mayor of�the City of1Capey me
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the seal of said City and that the said instrument was signed
and sealed in behalf of said City by authority of its City Council
and 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, at my office in Cape Girardeau, Missouri,
the day and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1980
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