HomeMy WebLinkAboutRES.735.07-06-1992_BK701enox 70,'IFACI
6oiSS40
AN AGREEMENT FOR WATER SERVICE EXTERNAL TOTHE
CORPORATE LIMITS OF
THE -CITY OF CAPE GHL4"EAU, MISSOUR I
Comes now the City of Cape Girardeau, Missouri, hereinafter
referred to as "city,,, acting by and through its City Manager, and
as authorized by City Council Resolution No. 735, enacted July 6,
19 9 2 , and _��i�,��Z L �-`gqz,.9
hereinafter referred to as "Customer", said party or parties being'
all-:.the owners of record of the..below described property, i.
and n
consideration of _the -promises and agreements -.made herein, the
parties hereto bind themseYves =as follows
1. The City agrees to provide water service for the
Customer' s property located external to the corporate -limits of the.
City of Cape Girardeau, Missouri, and to permit the Customer to
connect to the City's water system, all in accordance with
applicable City ordinances, rules and regulations relating -to the
City's operation of -the water supply, system
The service address or locational description of the
property, o be served pursuant to this Agreement is
(Street Address or Locational Description
to Include County Assessment Parcel Number]
and the real estate is - more specifically described by deed or
subdivision legal description, as follows:
[Legal Description]
Lot Three (3) , Quiet Cove Subdivision in the County of Cape Girardeau, Missouri,
as shown by plat recorded in Plat Book. 16 at Page 5.
2. The Customer agrees to accept services from the water
system of the City of Cape Girardeau, Missouri, and to pay such
fees and charges as are set out in City ordinances and regulations
relating thereto and, further, to comply with all City ordinances
and regulations relating to installation, maintenance and repair -of
backflow prevention devices for Customer's connection to the City's
BOOK
water system and to be -and remain subject to inspections by City
officials for purposes of -ensuring compliance thereto.
3. The,Customer-further agrees to execute a Petition for
Annexation, ` pursuant to Section 71.012 of the Revised -Statutes of
the State of Missouri, into the City of Cape.Girardeau, Missouri,
upon formal written -request by the City for the subject property
and the Customer agrees ,:that should the City institute or otherwise
initiate an annexation proceeding pursuant to Section 71.015 of the
Revised. Statutes - -of-:. the..- State of . Missouri, - involving . the subj ect
property, that the Customer will not oppose or otherwise enter an
official opposition to the City in -the proceeding.
4. If the -Customer's water service, pursuant to this
contract requires .the ex:tensLon of a water main, the Customer
agrees to complete and submit ' a Request For Water- Main 'Extension
form provided by the City and any promises or representations made
on 'or In such Request --form are`. incorporated -herein. -by reference and---- -
shall
nd----
shall become part * of this Agreement .
5. The City reserves the right to cancel and terminate this
Agreement and -to. -disconnect the agreed to water service to the
Customer should the Customer violate any of the terms of the
Agreement.
--60 This Agreement is binding upon the heirs, successors and
assigns of the parties hereto and the parties agree that this
Agreement may be recorded by the City of Cape- - Girardeau, Missouri,
on the land records of Cape Girardeau or Scott County wherein the
Customer's --property is, located to --serve as notice to any future
buyers of the property of the 'Agreement herein :entered.
-2-
r
onox 701PAG[34
is Agreement,ade and entered into this
day of
1 9 ,
-- -
CITY OF CAPE GIRARDEAU,-MISSOURI
J onald Fischer, City Manager
ATTEST:
sir ' L, _
Ti Con
.radDeputy CityyClerk
" Morrell Diebold
[Typed .Name of Signer]
Ola- Mae Diebold
[Typed Name of .Signer]
h"WWM to onto qWfIdA
STATE OF MISS � �sable 4�`��#q�'�a
vrwo
ss.
COUNTY OF CAPE GIRARDEAU
On this 1 da of �� q
y 19 , before me appeared
J. Ronald Fischer, to mepersonally known, who, being by me duly
i
sworn, did say that he s the City Manager of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the f orego ing' instrument i s
the seal of said City and that the said instrument was signed and_
sealed on behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
"City.
-3-
BOOK 701RAGE'u'121
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
xplres .
- \� ] f� ✓, _•1ST' -_ - -
.- '-_ --
- - l-1 tic. 1< • S`
I _t. j.-ic."_. +! J.—.-.-..!.
STAF :MISSOURI
- '.. f� .
- �J' na/v'tA T _ lrewin L.. •11! i�J� R -'� •
COUNTY OF CAPE GIRARDEAU
On this 5� h day
of:
't •
,� 92 of
personally a MorreM
P Y eared pp
D i Ontd
and Ola. Mae D i e bo ld =�x�� =���, rF.j
husband and wife,- to me known to be the
_
persons described`--�in and s
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 of fixed
my official seal at my office in Cape Girardeau the day and year
first above written.
l .
�On � Expr res .
CYp Y
T ed Name of Notary Public
LOP
SUN of 11
Ott i
Gkwdesu
:.
-4-
IrSAGE
BILL NO. 92-129
RESOLUTION NO
A RESOLUTION APPROVINd A FORM OF AGREEMENT FOR
WATER SERVICE EXTERNAL TO THE CORPORATE LIMITS
OF THE CITY OF CAPE GIRARDEAU, - MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. An Agreement For Water Service External to the
Corporate Limits of the City of Cape Girardeau, Missouri, a copy of
which is attached hereto and made a part hereof , is approved as to
form.
ARTICLE 2. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is - authorized to enter into agreements
with businesses -or individuals for water service external to the
corporate -limits -of the. City .of Cape Girardeau, Missouri, pursuant
to this -form , of agreement.
_ t
PASSED AND ADOPTED THIS D A F Y O 96
2,1
19
rancis E . Rhodes , Mayor -
ATTEST:
Julie. Dale, Deputy City Clerk
r
-10TC5fWAPHED
Filed for RgCord I
,f
JUL p X1994
Janet Rooert, Recorder
Cape Girardeau County
Jackson, Mo.
,�i7 oov I
n
STATE OF MISSOURI 3'
County of Cape Girard ss
1
I hereby ce fi. y hat thi � ti�trument
wasF daze
and time hove-herr+,dis reccced in
a
Book.... • , . Pe..�';..�. ....
s ;g
E� Gr JANET ROBEr
(;.Rkecorder-,of
lieeds
z t 1
Y. ,
••
Deputy