HomeMy WebLinkAboutRES.1417.12-07-1998BILL NO. 98-233
RESOLUTION NO. Lq))
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH
EVELYN M. WALKER, FOR CERTAIN IMPROVEMENTS ON
CORDELIA STREET RIGHT-OF-WAY
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 Evelyn M. Walker, for permission to
maintain a commercial building and improvements on Cordelia Street
right-of-way, commonly known as 1909 Broadway. A copy of said
Agreement is attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS %�� DAY OF 19 9g
A. M. Spradling, III, May
ATTEST:
Baas 976PA11,1034
AGREEMENTLICENSE AND INDEMNITY
In consideration of the City Council of the City of Cape Girardeau, Missouri,
granting to Evelyn M. Walker, permission to maintain a commercial building and
improvements located on Cordelia Street Right -of -Way, being located at the address
commonly known as 1909 Broadway in the City and County of Cape Girardeau, State
of Missouri, as shown on the Property Survey Plat on file with the permanent property
records at the Cape Girardeau City Hall.
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Evelyn M. Walker is the owner of certain real estate located at the
southwest corner of Broadway and Cordelia Street in the City and County of Cape
Girardeau, State of Missouri, more particularly described as follows:
Being that certain tract of land described by deed recorded in Book 446
at Page 669 in the office of the Cape Girardeau County Recorder, to -wit:
Part of Lot 9, and all of Lots 10, 11, 12 and 13 in Block 2 of Oak Park
Subdivision as shown by plat recorded in Plat Book 4 at Page 41 in the
office the Cape Girardeau County Recorder.
2. The City of Cape Girardeau, Missouri, is the owner of certain street right-
of-way on Cordelia Street, in the City and County of Cape Girardeau, State of
Missouri, as shown on the previously referenced Property Survey Plat.
3. The City of Cape Girardeau, Missouri, hereby grants to Evelyn M. Walker,
a license to maintain certain improvements, subject to the City's power of eminent
domain, to -wit: a commercial structure on the above described property with a
portion of said improvements extending into said street right-of-way as shown on the
do
ow, 9,PAGE ;
previously referenced Property Survey Plat, in the City of Cape Girardeau, for the
purpose of permitting said structure to continue to exist on the street right-of-way.
4. The parties acknowledge that the structure located in part on the above
described street right-of-way was built partially on the street right-of-way without the
knowledge of the City and was apparently placed there unintentionally by the person
or persons who originally constructed the building.
5. The parties hereto, their successors, heirs and assigns all agree as
follows:
A. Grantees assume all risk of personal injury, death and property
damage or loss from whatever causes arising while any person approaches, enters,
uses or leaves the aforementioned structure, which injuries or damage may occur
directly or indirectly from the maintenance of said improvements on City right-of-way.
B. Grantees do hereby release the City of Cape Girardeau, its officers,
employees, agents, servants and assigns from any liability which might occur from the
placing, maintenance or use of such improvements.
C. Grantees 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 person or
persons or alleged to be received or sustained by any persons which may result
directly or indirectly from the maintenance and use of said improvement on City
right-of-way.
-2-
D. Grantees agree that at such time as the structure presently existing
on the above described property is removed, destroyed or damaged beyond repair, that
this license to use the City street right-of-way shall terminate and cease.
6. This License and Indemnity Agreement 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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed this 6 day of �1, #1 J, P- 1998.
City of Cape Girardeau
ichael G. Miller, City Manager
I
E(Velyn Mi alker
-3-
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
)
1 ss. no 976PA037
r ie.
On this_' day of _LJ 1998, before me appeared Michael G.
Miller, to me personally known, who, being 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
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
On this a%day of NOVern6eY , 1998, before me personally appeared
Evelyn M. Walker, to me known to be the persons described in and 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 affixed my official seal
at my office in said County and State the day and year first above written.
17 ped Name of q§tary Public]
MyCommission Empires:
moyembex ir%. `I� q
REBECCA L RGLIOLO -4-
NOTARY
4 -
NOTARY PUBLIC -NOTARY SEAL
I STATE OF MISSOURI
` GAPE GIRARDEAU COUNTY
',� MY COMM. EXP NOV 12,1999