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Home My WebLink AboutRES.1358.04-20-1998BILL NO. 98-80 RESOLUTION NO. 135p A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH BURL L. REYNOLDS AND TIMOTHY A. KURRE TO PLACE CERTAIN IMPROVEMENTS ON COMMERCIAL STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 Agreement with Burl L. Reynolds and Timothy A. Kurre, to place certain improvements on Commercial Street, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and incorporated herein. PASSED AND ADOPTED THIS — DAY OF L) 199, M. Spradling, III, BOON4930PArr 113 LICENSE AND INDEMNITY AGREEMENT o o () "'J 13 In consideration of the City Council of the City of Cape Girardeau, Missouri, granting Burl L. Reynolds & Timothy A. Kurrepermission to place certain improvements on City easements which are in Commercial Street in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri. 1. The City of Cape Girardeau, Missouri, hereby grants to Burl L. Reynolds & Timothy A. Kurre a license to place certain improvements to wit: Install asphalt paving over the portion of Commercial Street from Rust Avenue to the driveway extension from Rhyno Performance Motorsports. (See attached diagram) Also to grade and maintain the remaining portion of Commercial Street not being paved over. 2. Licensees , and their successors, heirs and assigns all agree as follows: A. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from the placing or use of such improvements. B. That they will 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 or use of said improvement on City right-of-way. -1- BOOP OMNI& 014 C. That they will keep said improvements which are placed on the City right-of-way in a state of good repair and will cooperate with the City by making necessary repairs as requested by the City so as to protect the health and safety of the Citizens. D. Nothing in this agreement or actions of the City in granting permission to place said improvements on the described right-of-way shall be construed to give Reynol ds & KurrP , any irrevocable rights to keep said improvements on such right-of-way. The City Council reserves the right to_order the removal and cause said improvements to be removed in the future at the cost of $100.00 9or their successors and assigns, should the City Council determine this to be in the best interest of the City. In such event, Reynolds & Kurre or their successors and assigns, agree to remove said improvements within thirty (30) days of notice. Should Reynol ds & or their successors, heirs or assigns fail to comply with any Kurre of the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or alterations deemed necessary by the City of Cape Girardeau by giving Reynol ds & Kurre , or their successors, heirs or assigns, thirty (30) days notice and such persons , successors, heirs or assigns hereby agree that they will pay for any costs incurred by the City for such repairs or alterations and upon their failure to pay such costs the City may issue tax bills which shall become a lien against the land now owned by the Trust. 3. This license and the covenants herein contained shall run with the land and inure to and be binding upon the successors, heirs and assigns of the respective parties. -2- BOOM PACE 4,15 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed thisa gf day of j Jri) 199e . ` Michael G. Miller, City Manager Gayle . Conrad, Deputy City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this;j, day of r , 199 , before me appeared Michael G. Miller, tome personally known, who, beiiij by me duly sworn, 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 to the foregoing instrument is 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. 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 Delores U. Needham Notary Public -State or Missouri County of Cape Girardeau 3 M" rrmm;"!i n Exp, 10/8/2000 BOOK 0930 wu 41-6 SS. On this 31c day of�, ,19 yy; before me personally appeared tyry A Ic&n,ze , to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he executed the same as his 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. My Commission Expires: %N,a2 Uau Brenda K. Bowman, Notary public Cape County, Missouri My Commission Expires May 13, 2000 f Typed Name of Notary Public] I I 7330.2' ' 50° I r Z 171 � I I O � I 0 in I r I 00 0 M W W oo 0 o U I r oi f°fwI TITLE REFERENCES BOOK 901, PAGE 055 (SUB) BOOK 723, PAGE 454 (ADJ) I. I# i• '! BOON 0930 moi 117 - HWY. 74 (VARIABLE R W) kNORTH BASES) N83'44'W — 977 (BO�K 901, PAGE 055) (�O !MPROVEMENTS) 2 - 1.755 ACS t NILLIN NI a� U S 87°30'E — 240.00' I — RUST AVE. (60' R.O.W.) 83*44RW 63.14' THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PARCEL OF LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILITY AND THAT SAID PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH THE CURRENT MINIMUMS FOR LAND SURVEYS IN THE STATE OF MISSOURI AS SET FORTH BY THE MISSOURI DEPARTMENT OF NATURAL RESOURCES LAND SURVEY DIVISION. DONE THIS 05 th. DAY OF OCTOBER 1985. PLAT REVISED THIS 2 ND. DAY OF MARCH 1998c•0 PERFORMED DATA TAKEN FROM PREVIOUS SURVEY). ®• h CAPE LEGEND 1. = 1/2" IRON RODS (FIND) 2. = i 1/2" IRON PIPE WITH STONE (FIND). 3. = METAL R/W MARKER (FND). PROPERTY SURVEY CLASS ..... "URBAN" NORTH PER DEED RECORDS (N. LINE OF SUBJECT TRACT). ABSTRACT OF TITLE. PRIOR SURVEYS BY LARRY D. DOWDY (10/85). PRIOR SURVEY BY WAYNE KOEHLER (12/20/86). 0 80 SCALE IN FEET LARRY D. DOWDY SURVEYING 2323 PERRYVILLE RD. CAPE GIRARDEAU, MO. 63701 DATE: 3/02/98 REVISED: DRAWN BY: DP I BOOM PACE D E S C R P T 1 0 N . PART OF SURVEY 222 AND A PART OF FRACTIONAL SECTION 12, TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI CONTAINING 1.755 ACRES (MORE OR LESS), DESCRIBED AS FOLLOWS: Commence at the Northeast corner of Fractional Section 12, Township 30 North, Range 13 East ( 1 1/2" iron pipe with stone); thence N 83'44' W along the North Line of Fractional Section 12, 263.14 feet to the Point of Beginning: thence continue 00 N 83`44' W, 277.06 feet to a point on the East Line of Commercial Street (said point bears S 83°44' E, 330.2 feet from the East II Line of S. Kingshighway--Hwy. 61); thence S 418' E along the East Line of Commercial Street, 308.0 feet to the North Line of A Rust Avenue; thence S 87'30' E along the North Line of Rust Avenue, 240.0 feet; thence N 2'30' E, 287.63 feet to the Point of Beginning. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES FRAC. SEC. 12 AFFECTING SAME, EITHER WRITTEN OR IMPLIED. R 13 E (FNO. PIPE &STONE) SURVEY CERTIFICATION 83*44RW 63.14' THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PARCEL OF LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILITY AND THAT SAID PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH THE CURRENT MINIMUMS FOR LAND SURVEYS IN THE STATE OF MISSOURI AS SET FORTH BY THE MISSOURI DEPARTMENT OF NATURAL RESOURCES LAND SURVEY DIVISION. DONE THIS 05 th. DAY OF OCTOBER 1985. PLAT REVISED THIS 2 ND. DAY OF MARCH 1998c•0 PERFORMED DATA TAKEN FROM PREVIOUS SURVEY). ®• h CAPE LEGEND 1. = 1/2" IRON RODS (FIND) 2. = i 1/2" IRON PIPE WITH STONE (FIND). 3. = METAL R/W MARKER (FND). PROPERTY SURVEY CLASS ..... "URBAN" NORTH PER DEED RECORDS (N. LINE OF SUBJECT TRACT). ABSTRACT OF TITLE. PRIOR SURVEYS BY LARRY D. DOWDY (10/85). PRIOR SURVEY BY WAYNE KOEHLER (12/20/86). 0 80 SCALE IN FEET LARRY D. DOWDY SURVEYING 2323 PERRYVILLE RD. CAPE GIRARDEAU, MO. 63701 DATE: 3/02/98 REVISED: DRAWN BY: DP