HomeMy WebLinkAboutCityMgrForm.838.10-03-1973 �
CITY .MANAGER FORM ORDINANCE NO. � 3�
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CORONA A.
FUERTH, LORETTA ANN SCHNEIDER, JOHN E. SCHNEIDER, ARTHUR JOSEPH
FUERTH, CHA.RLES FRANCI5 FUERTH, AURELIA CATHERINE FUERTH, MARGARET
MARY KRUSE, FRED KRUSE, JAMES MICHAEL FUERTH AND NANCY FUERTH, FOR
ALL OF LOTS 29 AND 30 IN RANGE "B" , CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MI550URI, FOR BUILDING CON5TRUCTION PURPOSES
WHEREAS, Corona A. Fuerth, Loretta Ann 5Chneider, John E .
Schneider, Arthur Joseph Fuerth, Charles Francis Fuerth, Aurelia
Catherine Fuerth, Margaret Mary Kruse, Fred Kruse, James Michael
Fuerth and Nancy Fuerth, have executed a General Warranty Deed,
conveying to the City of Cape Girardeau certain real estate, in the
City and County of Cape Girardeau, Missouri, as more fully described
hereinafter in ,this ordinance, and the City desires to accept such
deed and have the same recorded;
NOW, THEREFORE, BE IT ORDAINED BY THE COUIVCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City of Cape Girardeau, Missouri, hereby
accepts a General Warranty Deed executed by Corona A. Fuerth,
Loretta Ann Schneider, John E. Schneider, Arthur Joseph Fuerth,
Charles Francis Fuerth, Aurelia Catherine Fuerth, Margaret Mary
Kruse, Fred Kruse, James Michael Fuerth and Nancy Fuerth, conveying
to the City of Cape Girardeau, Missouri, the following described real
estate located in the City and County of Cape Girardeau, Missouri:
All of Lots 29 and 30 in Range "B" in the
City of Cape Girardeau, Missouri .
SECTION 2 . It is ordered by the Council of the City of Cape
Girardeau that said deed 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.
PA55ED AND APPROVED THI5 .� � DAY OF ��� , 1973 .
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MAYOR
ATTEST:
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�� --C� G�c�.c:�.� .
CITY CLERK
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AGREEMENT FOR TEMPORARY AND
PERMANENT EASEMENTS
This Agreement entered into the 5th day of March , 1990 , by
and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation, organized and existing under the laws of the State of
Missouri , FIRST PARTY, and HENSON SEGRAVES and DORIS SEGRAVES,
husband and wife, of Cape Girardeau County, Missouri , SECOND
PARTIES,
WITNESSETH:
WHEREAS , FIRST PARTY is the owner of certain rights-of-way
dedicated to public use known as Themis Street and Main Street in
the City of Cape Girardeau, Missouri , along with public sidewalks
abutting said streets ; and
WHEREAS , SECOND PARTIES are the owners of certain real estate
located at 101 North Main Street at the intersection of Main
Street and Themis Street in the City of Cape Girardeau, Missouri ;
and
WHEREAS, the real estate hereinabove referred to owned by the
parties hereto adjoin and abut one another and the real estate
owned by SECOND PARTIES contains a building which is in need of
repair ; and
WHEREAS, the parties desire to create work room and permit
SECOND PARTIES to encroach upon the street and sidewalk owned by
FIRST PARTY for the purpose of making necessary repairs and
improvements to SECOND PARTIES ' existing building .
NOW, THEREFORE, in consideration of the mutual covenants and
grants herein contained, FIRST PARTY does hereby grant to SECOND
PARTIES a Temporary Construction Easement consisting of the right ,
privileqe, permission and authority to enter on and upon for the
purposes hereinafter stated the lands which are solely owned by
the City of Cape Girardeau, Missouri , located in the City and
County of Cape Girardeau , Missouri , more particularly described as
follows :
Beginning at a point on the North line of Themis Street
that is West along said North line of Themis Street , a
distance of 16 . 65 feet from the Northwest Corner of the
intersection of Themis and Main Streets ; thence continue
West along said North line of Themis Street, a distance of
12. 0 feet ; thence South parallel to the centerline of Main
Street , a distance of 3 . 0 feet ; thence West , parallel to
the centerline of said Themis Street , 10. 0 feet ; thence
North parallel to the centerline of Main Street , a distance
of 3. 0 feet ; thence West parallel to said centerline of
said Themis Street , a distance of 12. 0 feet ; thence South ,
parallel to centerline of said Main Street , a distance of
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15. 0 feet ; thence East , parallel to centerline of Themis
Street 34 . 0 feet ; thence Northerly parallel to the
centerline of Main Street , a distance of 15. 0 feet to the
point of beginning.
Said right , privilege, pemission and authority to enter on and
upon said property above described is granted for the purpose of
enabling the SECOND PARTIES , their agents, servants and assigns to
use said property for the temporary placement of excavated dirt ,
construction equipment , and supplies and for workina room and
excavation room for construction of a new footing for the support
of SECOND PARTIES ' existing building located at 101 North Main
Street in Cape Girardeau, Missouri ;
FURTHER, and also in consideration of the mutual covenants and
grants herein contained , FIRST PARTY does hereby grant to SECOND
PARTIES a Permanent Easement for the construction and placement of
a permanent footinq for the support and repair of SECOND PARTIES '
existing building, said Permanent Easement granting to SECOPID
PARTIES the right , privilege, permission and authority to enter on
and upon the following described property which is solely owned by
the City of Cape Girardeau, Missouri , and located in the City and
County of Cape Girardeau , Missouri , to-wit :
Beqinninq at a point that is Westerly along the North line
of Themis Street a distance of 28. 65 feet from the
Northwest Corner of the intersection of Themis Street and
Main Street ; thence continue Westerly a distance of 10. 0
feet ; thence Southerly parallel to the centerline of Main
Street a distance of 3. 0 feet ; thence Easterly parallel to
the centerline of Themis Street a distance of 10. Q feet ;
thence Northerly, parallel to the centerline of Main
Street , 3. 0 feet to the point of beginninq.
Said right, privilege , permission and authority to enter on
and upon said property above described is irrevocable except as
provided herein and is qranted for the purpose of enabling the
SECOND PARTIES, their agents, servants and assigns to install ,
lay, erect , construct and maintain a building footing and
foundation for the support and repair of the building now existing
on SECOND PARTIES ' premises located at 101 North Main Street in
the City and County of Cape Girardeau, Missouri . Said grant of
Temporary Construction Easement and Permanent Easement being made
on the following terms and conditions :
1 . The Temporary Construction Easement as granted herein
shall terminate not later than one hundred eighty ( 180) days
following the date of this aqreement .
2. The Permanent Easement granted herein shall terminate at
such time as the building now existing on SECOND PARTIES ' property
located at 101 North Main Street in the City and Countyo uf Cape
Girardeau, Missouri , is removed or destroyed.
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3. It is contemplated by the parties that SECOND PARTIES
will use these easements for the purpose of making certain repairs
to their existing structure and that it may be necessary for them
to remove portions of the public sidewalk or street in order to
excavate for such purpose. SECOND PARTIES agree that if it is
necessary for them to remove any portion of the sidewalk or
stree't , that they will do so at their own expense and that such
street and sidewalk will be replaced in accordance with the
standards of the City of Cape Girardeau, Missouri , as set forth in
its ordinances and requlations and that such� repaving will be
completed no later than six ( 6) months from the date of this
agreement .
4 . SECOND PARTIES acrree that they will leave the
construction site clean and free of all debris, dirt or
construction waste .
5 . The parties hereto agree that SECOND PARTIES ' Permanent
Easement as crranted herein is to be used beneath the surface of
the public sidewalk only and may not project above the surface of
the public sidewalk and that this Permanent Easement is to be used
solelY for the construction and placement of an additional footing
required for the support of the building .
6 . SECOND PARTIES agree that when the repair is undertaken
on their existing buildinq, that they will keep the premises free
and clear of hazards to passersby and to the public in qeneral and
that they will take all necesary steps to provide adequate warning
to the public to prevent injury or damage.
7. SECOND PARTIES shall indemnify the City from all claims ,
demands, suits and actions of every name and description brouqht
aqainst the City for or on account of any injuries or damaqes
received or sustained b_y any parties or as a result of the acts or
omissions of SECOND PARTIES, their servants or agents in doing the
work herein described or by or as a result of any negligence in
quarding or protecting the public from the same, or on account of
any improper equipment or materials utilized in performing the
work .
SECOND PARTIES agree to file with the City prior to the
commencement of the work , a Certificate of Insurance naming the
City as coinsured and showing that the SECOND PARTIES have in
force for a period equal to the time the structure shall be under
repair a policy of general liability insurance insuring SECOND
PARTIES and the City aqainst liability for personal injuries
arising out of the project in a minimum amount of �100, 000 . 00 for
injury to any person and �1 , 000, 000. 00 for injuries received in
any one accident and for property damage arising out of the
project in the minimum amount of $100, 000. 00.
8. FIRST PARTY in no way warrants or approves SECOND
PARTIES' project plans or methods and SECOND PARTIES undertake
this repair project at their own risk and SECOND PARTIES rely
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solely on the recommendations of their own consultants with
respect to the effectiveness or wisdom of their repair project
plans .
9 . These easements and the covenants herein contained shall
run with the land and inure to and be binding upon the successors
in title of the respective parties .
WITNESS OUR HANDS the day and year first written above .
CITY OF CAPE GIRARDEAU, MISSOURI
�
Francis E. Rhodes, Mayor
ATTEST:
. �
Julie le, Deput_y City Clerk
�
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Henson Segraves
�
<_��--�.
or ' s Segraves
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this �'� day of ,/l�/�i^G� , 199�, before me
appeared Francis E. Rhodes, to me personally known, who, being by
me duly sworn, did say that he is the Mayor of the City of Cape
Girardeau, Missouri , a Municipal Corporation of the State of
Missouri , and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal , at my office in Cape Girardeau, Missouri , the
day and year first above written .
�� � � � �
Delores G. Needham, Notary Public
My Commission Expires :
October 8 , 1992
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this 2 �� day of ma�ch , 19$ 90 , before
me personally appeared Henson Segraves and Doris Segraves, husband
and wife, to me known to be the persons described in and who
executed the foregoing instrument , and acknowledqed 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 .
7�i.�� CJ�• XJ1/1L
Rebeeca, L. ��r;
[Typed Name of Notary Public ]
My Commi�si�n Expires :
Nnver���r_. �� 1991
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