HomeMy WebLinkAboutCityMgrForm.807.08-15-1973 !
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CITY MANAGER FORM ORDINANCE NO. ��
AN ORDINANCE AUTHORIZING THE TRA.NSFER BY GENERAL WARRANTY DEED OF
THE INTERE5T OF THE CITY OF CAPE GIRARDEAU, MI5SOURI, IN A STRIP
OF LAND, BEING THE 50UTH 8. 0 FEET OF NORMAL AVENUE FROM THE EAST
LINE OF HENDER50N AVENUE TO THE CENTER OF THE PRIVATE DRIVE ALONG
THE WEST SIDE OF KENT LIBRARY, IN THE CITY AND COUNTY OF CAPE
GIR.ARDEAU, MIS50URI, TO THE BOARD OF REGENTS FOR THE SOUTHEAST
MI5SOURI STATE UNIVER5ITY, WITH AUTHORITY FOR THE MAYOR TO EXECUTE
WHEREAS, the City of Cape Girardeau is the owner of certain
real estate; and,
WHEREAS, The Board of Regents for the 5outheast Missouri
State University has need of a portion of this land for the purpose
of constructing a new student union building; and,
WHEREA5, the City of Cape Girardeau does not need the
right-of-way for public purposes .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDE.AU, MI5SOURI, AS FOLLOWS:
SECTION 1. The City of Cape Girardeau, Missouri, does hereby
grant, bargain, sell, convey and confirm all its right, title and
interest in and to land described hereinafter, unto The Board of
Regents for the Southeast Missouri State University, 900 Normal,
Cape Girardeau, Missouri 63701, its successors and assigns , said
land described as follows, to-wit:
A strip of land 8.0 feet in width by 297.0 feet
being the south 8. 0 feet of Normal Avenue from the
east line of Henderson Avenue to the center of the
private drive along the west side of Kent Library,
described as follows:
Begin at the intersection of the east line of
Henderson Avenue with the south line of Normal Avenue
and run North 7° 17 ' east, with the east line of
Henderson Avenue extended a distance of 8.0 feet; thence
South 82° 38 ' East, parallel with the South line of
Normal Avenue a distance of 297.0 feet to the center of
the private drive along the west side of Kent Library;
thence South 7° 22 ' West with the center of said drive
a distance of 8. 0 feet to the South line of Normal
Avenue; thence North 82° 38' West along said South line
of Normal Avenue a distance of 297. 0 feet to the point
of beginning.
5ECTION 2. The Mayor of the City of Cape Girardeau,
Missouri , is hereby authorized and empowered to execute and deliver
a General Warranty Deed for the described land in Section l, unto
The Board of Regents for the Southeast l�issouri State University. �
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SECTION 3 . This ordinance shall be in full, force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS ��
IS DAY OF��. 1973 .
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LAW OFFICES OF
LIMBAUGH, LIMBAUGH & RUSSELL
2027 BROADWAY P. O. BOX II50
RUSH HUDSON LIMBAUGH
RUSH HUDSON LIMBAUGH,�R. CAPE GIRARDEAU, MISSOURI
STEPHEN NATHANIEL LIMBAUGM 63701 PHONE=314�335-3316
JOSEPHJ.RUSSELI
RICHARD D.KINDER p
DON U.ELROD 2 O June 19 7 3
Mr. W. G. Lawley, Manager
City of Cape Girardeau
Common Pleas Courthouse Building
Cape Girardeau, Missouri 63701
Dear Gale :
I am enclosing a deed which you and Bob Pierce
have indicated to me the city officials are prepared
to execute in favor of the university. This deed
involves a strip of ground eight feet in width from
an east to west direction along the existing southern
right of way line of Normal Avenue from the small private
drive currently traveling in a north-south direction from
Normal Avenue to Myers Hall and which road passes between
the old Leming Hall and the library building. The eight
foot strip of ground begins at that point and passes west
to Henderson Street.
Certain retaining walls of the proposed new student
union building will be erected on this eight foot strip.
Some of the walls will be within one foot of the north
boundary of the eight foot strip and it was felt that we
should have at least a one foot overage for a small bit of
construction space.
I have a large plat of the area setting out this
strip if you would like to see it or if any member of the
cc�ncil would like to go over this problem. The strip of
ground will still be to the south of the existing sidewalk.
I assume that this matter can be presented to the
council at the next council meeting and that Bob can prepare
an ordinance directing the city to enter into this transaction
by executing the deed. If Bob would like for me to prepare
this ordinance , I would be glad to do so.
If the Mayor or any member of the council would prefer
that this matter be presented formally by me , I will be
glad to be present at the council or at any other informal
meeting.
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Mr. W. G. Lawley , Manager
28 June 1973
Page Two
If there are no other problems and if the council
doe9 not desire a formal presentation, I assume that the
matter can be called up at the next meeting and the deed
executed and returned to me on behalf of the university
so that I can record it.
On behalf of the university and its staff, I wish
to express appreciation to the city and the council for
its excellent cooperation in the handling of this problem
Yours very truly,
LIMBAUGH, LIMBAUGH €� RUSSELL
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Enclosure
cc: Mr. Jack Wimp
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LAW OFFICES OF / '�r� \ �
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LtMBAUGH, LIMBAUGH & RUSSELL
2027 BROADWAY P. O. BOX II50 C^
RUSH HUDSON LIMBAUGH
RUSH HUDSON LIMBAUGH,�R. CAPE GIRARDEAU, MISSOURI
STEPHEN NATHANIEL LIMBAUGH 63701 PHONE�314/335-3316
JOSEPHJ.RUSSELL �
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RICHARD D.KINDER �'�)'v�-`^•t U�
13 December 1972 '
DON U.ELROD ;�;� � ,�$.%�.
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Mr. W. G. Lawley, Manager
City of Cape Girardeau
Common Pleas Courthouse
Cape Girardeau, Mis souri
Re: Proposal - 5outheast Missouri State University
Use of Portion of Right of Way on Normal for
Steps and Retaining Walls
Dear Mr, Lawley:
Confirming my recent conversation with you and with
Mr. Robert Hahn, City Engineer, I am enclosing preliminary plat
in rough form of the general location of the proposal Student Union
Building to be erected at the southeast corner of the intersection of
Henderson and Normal Streets in Cape Girardeau.
Because of the narrowness of the University lot on which the
facility is to be constructed, it is necessary to use every available foot
of property and sti.11 stay within the zoning requirements of the city
with respect to a side yard.
The building wi11 face west on Henderson Street and will have
a ground 1eve1 entrance at the existing curb at that point and will also
have appropriate facades on Normal street facing north and there will
be two entrance levels on the north side. The first is at ground level,
as can be seen as you look at the enclosed p.lat facing north on Normal
and is marked by a circular staircase starting at the upper lefthand corner
of the plat. The dark lines representing the structure foundation and wall
are shown all on University property. The open lines which indicate a
wall or facing may be found surrounding the circular staircase at two
points near Normal Avenue. I have marked these as retaining walls.
As stated, the retaining walls surrounding the circular staircase
at the upper lefthand portion of the plat start at ground level at the point
nearest Henderson Avenue and rise to a height of approximately 6 feet at
the top of the staircase and at the point where entry can be gained to the
building. As you can see, about 4 feet of the north part of the retaining
, - Pag e Two -
wal.l and staircase is on City right of way as proposed.
Proceeding a bit further east, you can determine on the plat
another circular retaining wall which is approximately 4 feet above the
elevation of the ground at this point and, again, the staircase leads from
the sidewalk at ground elevation southward on into the building. The
retaining wall at this point, as you proceed east, starts at an approximate
4 foot elevation above ground level and eventually reaches ground level
at the point where the wall stops near the street passing on the immediate
west side of Kent Library. Again, this retaining wall and approximately
4 feet of the staircase and the circular retaining wall is proposed to be
on City right of way.
The sidewalk running in an east and west direction is proposed
to be placed on city right of way. At this general point the property
line of the University extends about 25 feet south of the existing south
curb of Normal Avenue. There is 153 feet of right of way owned by the
City at this point, which, as you know, contains a large median together
with a street on each side which accommodates eastbound and westbound
traffic, and then right of way of approximately 25 feet on both the north
side and the south side of such streets. The University owns all of the
property on the north side of Normal at this point and also all of the
property on the south side of Normal at this poi.nt.
As attorney for the University, it is proposed that the City
authorize the construction of the retaining wall and both circular stair-
cases which will extend four feet on city right of way as shown in the
proposed enclosed sketch. As the University owns all of the land on
either side of Normal Avenue at this point, and as the City has 153 feet
of right of way at this point, which for practical purposes is used
primarily for University purposes, and as a sidewalk is to be constructed
on City right of way in front of the proposed Student Union Building to
house pedestrian traffic, and as there wi11 be no safety factors invo.lved
which would endanger the City in the granting of this request, it is felt
that the petition is a reasonable one.
Following some precedent that the City has set for use by
individual owners of a portion of the City right of way, the University
would propose to indemnify and hold the City harmless for any damage
or damages that the City might sustain because of accident to
individuals or property by the use of the University of this small portion
of City right of way. Such an indemnity agreement could be prepared and
submitted to the City for its scrutiny.
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- Page Three -
Accordingly, it would appreciated if this request could be
considered by the City and granted.
On beha.lf of the University I would be happy to present this
matter formally to the City Council if necessary,
Very truly yours,
LIMBAUGH, LIMBAUGH & RUS5ELL
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Enclo sur e
cc: Mr. Jack Wimp, Treasurer
Southeast Missouri State University
900 Normal
Cape Girardeau, Missouri