HomeMy WebLinkAboutRES.1001.11-07-1994 $ .'e
BILL NO. 94-294 RESOLUTION NO. ��.%� �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
TERMINATE AN AGREEMENT WITH BILLY J. KEELE AND
SARA J. KEELE, FOR MAINTENANCE OF THE FLOOD
PLAIN PROFILE
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 terminate an
agreement with Billy J. Keele and Sara J. Keele, his wife, for
maintenance of the Flood Plain Profile. A copy of said Agreement
is attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS %.�� DAY OF % t'�;i4:;��:t,,, : , 19�_.
�
�'��. � ' .L-�,.�'� ` .
A. M. Spradling, III yor
ATTEST: �
�. �, -
��°��'t; ,-�', I:C 7'..2 u�(:. -
Gayle.,'L. Conrad
Deputy City Clerk
. , `.� NOV 02 '94 11�00 CAPITAL-2ND FLR. CORP OFFICES P.3i5
AQR�EMENT �
THIS AGREEMENT made this day of November, 1994, by and
between the City of Cape C�ir�zd�au, M�.��ouri, a Mun,icipaY
Corpora�ion, hereinafter r�ferred to as f'City" , and vernon E.
lthodes, aad Carole Rhode�, his wite, hereinaft�r referred to ae
"Ownerg" , whose address is
WITNESSETH:
WHEREAS, Owner6 are th� own�re in fee simple and have all of
the right, titl� and interest in and to the real estate described
i.n Exhibit "A", attached hereto and incorporated herein by
referenae; and
WHEREAS, City and Owners' predecessore in title, Billy J.
Keele and Sara J. Keele, his wife, entered into an Agreement dated
April 24, 1981, and recorded June 19, 1961, in Book 369 at Page
472, and recorded June 3Q, 1981, in Book 389 at Page 732, of the
land records of Cape airardeau County, Missouri, which agreement
provided for maintenance of the Flood Plain Profile shown on
Exhibit ��A�� to that agreement; and
� wHEREAS, City and Ownera agree that the provieione of eaid
Agreement dated April 24, 1.981, are no longer applicable and
further agree eaid agreement dated April 24 , 1981, should be
terminated.
NOW, THEREFORE, the City and Ownere, in conaideration of the
mutual covenants, terma, conditions, and promises herein contained,
agree as follows :
1 , That Agreement dated April 24, 1981, between City and
Owners' predeceesors in title mentioned above is hereby terminated
. � .-� NOV 02 '94 11�01 CAPITAL-2ND FLR. CORP OFFICES P.4/5
-- ,
and declared to be of no force nor effect from henoeforth, and the
oovenants, terms, conditions and promises contained therein are
declared released, satisfied, void and waived from henc�forth.
2 . Owners ehall have this Agreem�nt recorded at their
expense .
3 . Thig Agreement shall be binding upon the parties hereto,
and their respective heire, legal repreeentativea, or succeseore,
and shall be construed in accordance with and governed by the laws
of the State of Missouri :
SN WITNESS WHEREOF, the Parties hereto have executed this
Agreement the day and year firat above written.
��Citv�,
City of Cape Girardeau, Miesouri
(S E A L)
J. Ronnie Fischer, City Manager
Attest :
City Clerk
��Own�rs�� -
Vernon E. Rhodee
Carole Rhodes
2
Q : , , : NOV 02 '94 11�01 CAPITAL-2ND FLR. CORP OFFICES P.SiS
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this day of November, 1994, befare me appeared and
being duly sworn, did eay that he is th� City Manager of the City
of Cape Qirardeau, Missouri, a Municipal Corporation of the State
of Miesouri, and that th� eeal affixed to the foregoing instrument
is the seal of said City and that the said instrument was eign�d
and sealed in behalf of gaid 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 eeal, at my office in Cape Girardeau, Mieeouri, the day
and year first above written.
Notary Public
County of Cape Girardeau
State ot Mi�eouri
My term expires :
STATE OF MISSOURI )
) SS.
COUNTY OF CA.PE GIRARDEAU )
On this day of November, 1994, before me the
undersigned, a Notary Public, in and for the oounty and state
aforeeaid, personally appeared Vernon E. Rhodes and Carole Rhodes,
his wife, to me known to be the pereone deacribed in and who
executed the foregoing inetrument and acknowledged that they
executed the eame as their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto eet my hand and affixed
my of f icial aeal in the county and state afor�said, the day and
year first above written.
Notary Public
County of Cape Girardeau
State of Missouri
My term expiree :
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