HomeMy WebLinkAboutRES.1211.11-04-1996BILL NO. 96-311
RESOLUTION NO. O)O
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AND REAL
ESTATE ASSIGNMENT AGREEMENT WITH HOLIGAN
FAMILY INVESTMENTS, INC.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a License
and Indemnity and Real Estate Assignment Agreement with Holigan
Family Investments, Inc. A copy of said Agreement is attached to
this Resolution and made a part hereof.
OV�_Ice - 0__;�y-"d
In consideration of the terms and conditions contained herein, the City Council of the
City of Cape Girardeau, Missouri, grants to Holigan Family Investments, Inc., permission to
affect certain grading improvements on the North Sprigg Street Extension Project right-of-way
and certain City owned land adjacent thereto as set out by metes and bounds in Exhibit A
attached hereto and made part hereof, being located in the City and County of Cape
Girardeau, State of Missouri.
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS:
1. Holigan Family Investments, Inc. is the owner of a tract of real estate located in
the City and County of Cape Girardeau, State of Missouri, being a part of Section 29,
Township 31 North, Range 14 East, containing 47 acres, more or less, and which is proposed
to be platted in accordance with the laws of the City of Cape Girardeau and the State of
Missouri, as Forest Hills Estates Subdivision, and which fronts on portions of both the East
and West sides of North Sprigg Street.
2. The City of Cape Girardeau, Missouri, hereby agrees to:
A. Grant to Holigan Family Investments, Inc., a license to place certain
improvements, to -wit: cut, fill, shape and grade the land, in accordance with the
conditionally approved Preliminary Subdivision Plat and Engineered Grading Plans
therefor which must be reviewed and approved by the City Engineer before any
work shall commence. Such grading plan shall include provisions for erosion
control and re-establishment of vegetation on property described in Exhibit A.
B. Upon satisfactory completion of work described in A., above, and
fulfillment of terms and conditions set out herein, convey certain "excess right-
of-way" described by metes and bounds in Exhibit B, attached hereto and made
a part hereof, to Holigan Family Investments, Inc., which land may be platted and
subdivided into lots as shown on the conditionally approved Preliminary
Subdivision Plat.
3. Holigan Family Investments, Inc. agrees to:
A. Release the City of Cape Girardeau, its officers, employees, agents,
servants and assigns from any liability which might occur from the placing of
such improvements.
B. Indemnify and hold harmless the City of Cape Girardeau, its officers,
employees, agents and servants from all suits and actions of every name and
description brought against the City, its officers, employees, agents and servants
for or on account of any injuries or damages received or sustained by any parties
or alleged to be received or sustained by any parties or party which may result
directly or indirectly from the placing and use of said improvement on City right-
of-way and City owned land adjacent thereto.
Page 1 of 6
C. Pay to the City of Cape Girardeau, at/or prior to the conveyance of the
"excess right-of-way" referred to in 2.B., the special assessment for construction
of North Sprigg Street Extension project in the amount of $43,422.00, calculated
on the basis of 1,736.88 feet of frontage at $25.00 per foot, plus any interest
that may accumulate to the time payment in full is made.
D. Upon execution of this agreement, pay to the City of Cape Girardeau, the
sum of $17,100.00 for the "excess right-of-way" described in Exhibit B and
containing a total area of 48,856 square feet, more or less, subject to the
conditions listed in 3.E, below.
E. Complete all work described in 2.A., upon the land set out in Exhibit A,
which shall remain as City owned property, prior to execution of 2.13. and in any
case, on or before June 30, 1997. Such work shall be subject to inspection and
approval by the City Engineer, Failure to complete all work in substantial
compliance with the approved Engineered Grading Plan shall allow the City to
retain the $17,100.00 and not transfer the "excess right-of-way" described in
Exhibit B.
F. Record for public records, deed restrictions or protective covenants to limit
private driveway access onto North Sprigg Street to only those lots which have
frontage on North Sprigg Street only.
4. The City of Cape Girardeau, Missouri, and Holigan Family Investments, Inc.,
mutually agree that:
A. No elected official or City employee, shall be admitted to or share any part
of this agreement, or to any direct benefits that may arise therefrom.
B. The terms and conditions of this agreement and all the provisions herein
shall be binding upon and shall enure to the benefit of the City of Cape
Girardeau, Missouri, and Floligan Family Investments, Inc., and their respective
successors and assigns.
C. All terms and conditions with respect to this agreement are expressly
contained herein and that no representative or agent of the City of Cape
Girardeau, Missouri, and Holigan Family Investments, Inc., has made any
representation or promise with respect to this agreement not expressly contained
herein.
Page 2 of 5
GIRARDEAU, MISSOURI
---Wichael G. Miller
ATTEST: City Manager
Ga(yYle-.OdCon
Deputy City Clerk
HOLIGAN FAMILY INVESTMENTS, INC.
Harold Holigan, Chairman
ATTEST: [Typed Name and Title of Signer]
P,1- zd
Cjajj-_e M_ ManZ qecZ)ary
[Typed Name and Title of Signer]
Page 3 of 6
STATE [)FMISSOURI )
)ao.
COUNTY OFCAPE G|RARDEAU \
On this day of 19R, before me appeared
Michael G. Miller, to me personally hDovVO, who, being by me duly mvvVrD, did say that he is
the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State
of Missouri, and that the seal affixed tothe foregoing instrument is the seal ofsaid City and
that the said inot[UnnaDt was signed and sealed on behalf mfsaid City bxauthority oF its City
Council and acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto oat my hand and affixed my official mem[
at my office in Cape Girardeau, Missouri, the
A6 -
Delores Needham, Notary Public
My CorUOliSSioO Expires:
October 0, 2000
STATE [)FMISSOURI \
\ao.
COUNTY OF CAPEG|RARDEAU \
On this day of 1 before me appeared
to me UnUy known, who, being by me�Ulysworn, did say that he
ie the Chairman^ of Ho|igan Family Investments, Inc., a corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said
corporation, and that the instrument was signed and oaa{md in behalf of said corporation, by
authority ofits Board ofDirectors, and acknowledged said instrument to bethe free act and
deed of said corporation.
IN TESTIMONY WHEREOF,� | have hereunto met my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
My Commission Expires: 01 ILL
Page 4 of 6
oxas
Lxp 03-25,98
Page 4 of 6
A tract of land located in the Southeast Quarter of the Northwest Quarter of Section 29,
Township 31 North, Range 14 East of the Fifth Principal Meridian, City and County of Cape
Girardeau, Missouri, more particularly described as follows:
Commencing at a stone, said stone marking the Quarter corner to Sections 19 and 30,
Township 31 North, Range 14 East, said Quarter having Missouri State Plane Coordinate of
North 167,384.589, East 335,302,328; -thence South 57 0 06' 17" East, 4,782.55 feet to
an iron pin marking the place of beginning, said iron pin being the Southwest corner of a
parcel of land owned by the City of Cape Girardeau as recorded in Book 728 on Page 941 in
the Office of the Recorder of Deeds, Cape Girardeau County, said point having M.S.P.C. of
North 166,592.896, East 336,526.339; thence North 01 0 28' 53" West, 721.87 feet along
the East line of Casquin Park to an iron pin having M.S.P.C. of North 166,812.848, East
336,520.650; thence South 89' 15' 27" West, 102.08 feet along the North line of Casquin
Park, to a point; thence North 01 ' 28' 53" West, 262.17 feet to a point; thence North 89'
15' 27" East, 246.20 feet to a point; thence North 35' 07' 58" East, 215.41 feet to a point
having M.S.P.C. of North 166,946.999, East 336,600,293; thence North 14' 35' 15" West,
180.53 feet to a point having M.S.P.C. of North 167,000.251, East 336,586.435; thence
North 89' 12' 23" East, 215.64 feet to a point having M.S.P.C. of North 167,001.163, East
336,652.152; thence South 57' 23' 18" East, 63.92 feet to a point having M.S.P.C. of
North 166,990.663, East 336,668.563; thence South 130 09' 36" West, 26.04 feet to a
point having M.S.P.C. of North 166,982.934, East 336,666.756; thence North 89' 39' 48"
West, 66.71 feet to a point having M.S.P.C. of North 166,983.054., East 336,646.423;
thence South 17' 08' 43" West, 300.67 -feet to a point having M.S.P.C. of North
166,895.482, East 336,619.407; thence South 11 ' 25' 27" West, 890.33 feet to a point
having M.S.P.C. of North 166,629.486, East 336,565.658; thence South 03' 02' 17" East,
118.26 feet to a point having M.S.P.C. of North 156,593.491, East 336,567.568; thence
South 89' 10' 24" West, 135.28 feet to the point of beginning and containing 300,492
square feet, more or less, save and except that area upon which the North Sprigg Street
Extension, a street paved to a width of 44 feet, has been constructed.
Page 5 of 6
A part of Section 29, Township 31 North, Range 14 East of the Fifth Principal Meridian, City
and County of Cape Girardeau, State of Missouri, being more particularly described as follows:
Beginning at the southeast corner of a tract of land as recorded in the land records of the
County Recorder's Office in book no. 728 at page no. 941, said point being on the easterly
right of way line of North Sprigg Street; Thence along the south line of the aforesaid tract of
land, S 89' 07' 38" W, 34.06 feet to the beginning of a non -tangent Curve concave to the
southeast having a central angle of 10' 46' 06" and a radius of 2824.79 feet, from which
point a radial line bears S 87' 26' 13" E, Thence leaving said south line and along said curve
in a northeasterly direction, 530.89 feet; Thence N 13' 19' 53" E, 638.12 feet to the
beginning of a curve concave to the southeast having a central angle of 75' 53' 40" and a
radius of 20.00 feet; Thence along said Curve in a northeasterly and easterly direction 26.49
feet; Thence N 89 ' 13' 33" E, 17.30 feet to a point on the easterly line of the aforesaid tract
of land and right of way line,; Thence along said easterly line the following courses and
distances: S 17' 08' 43" W, 178.92 feet; Thence S 11 ' 25' 27' W, 890.33 feet; Thence
S 030 02' 17" E, 117.56 feet to the POINT of BEGINNING containing 0.80 acres more or
less. (34,738.97 sq. ft.)
also the following described tract of land:
Commencing at a 1/2" iron pin being the southwest corner of a tract of land as recorded in
the land records of the County Recorder's Office in book no. 728 at page no. 941, Thence
along the westerly line of said tract the following courses and distances, N 01 ' 28' 53" W,
721.75feet toa 1/2" iron pin; Thence S 89' 15' 05" W, 102.08 feet; Thence N 01 ' 28' 53"
W, 262.17 feet; Thence N 89' 15' 05" E, 246.20 feet to -the TRUE POINT of BEGINNING;
Thence continuing along said westerly line, N 35' 07' 58" E, 202.27 feet to the beginning
of a non -tangent Curve concave to the southwest having a central angle of 40' 58' 07" and
a radius of 20.00 feet, from which point a radial line bears S 62' 21' 46" W; Thence leaving
said westerly line and along said Curve in a southeasterly and southwesterly direction 14.30
feet; Thence S 13' 19' 53" W, 154.62 feet; Thence S 89 0 15' 05" W, 82.50 feet to the
TRUE POINT of BEGINNING, containing 0.16 acres more or less. (7,150.54 sq. ft.)
also the following described tract of land:
Beginning at the northwest corner of a tract of land as recorded in the land records of the
County Recorder's Office in book no. 728 at page no. 941, Thence along the north line of said
tract N 89 ' 13' 33" E, 87.15 feet to the beginning of a non -tangent curve concave to the
northwest having a central angle of 00' 13' 55" and a radius of 2824.79 feet from which
point a radial line bears N 76' 54' 02" W; Thence leaving said north line and along said curve
in a southwesterly direction 11.44 feet; Thence S 13' 19' 53" W, 101.84 feet to the
beginning of a curve concave to the northwest having a central angle of 75' 53' 40" and a
radius of 20.00 feet; Thence along said curve in a southwesterly and westerly direction 26.49
feet; Thence S 89' 13' 33" W, 9.44 feet to a point on the westerly line of the aforesaid tract
of land; Thence along said westerly line, N 14' 35' 15" W, 128.72 feet to the TRUE POINT
of BEGINNING containing 0.16 acres more or less. (6,966.17 sq. ft.)
Page 6 of 6
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