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HomeMy WebLinkAboutRES.884.12-20-1993 � � � �L BILL NO. 93-285 RESOLUTION NO. � V / A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LITTLE RIVER DRAINAGE DISTRICT FOR A CITY OF CAPE GIRARDEAU WATER MAIN 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 enter into a Contract with the Little River Drainage District to grant to the City permission to construct and maintain a waterline under and across rights-of-way for the Cape Girardeau Municipal Airport Fire Protection Main. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS :.�" ' i DAY OF ,��'�G��YY,�'l.% , 19�a , �� � _. � � .-}f " � ir',`,/,rI � " � ..�.'---- ` rancis E. Rhodes, Mayor ATTEST: L : , Gayle�' . Conrad Deputy City Clerk ,k' 1. (ANTRACT WHfiREAS, the City of Cape Girardeau, a municipality organized and existing under and by virtue of the State of Missouri, and hereinafter called "City", is desirous of constructing a waterline for the purpose of providing such services to lands within their City limits not now provided with such service, and in order to do so it is necessary to secure permission to cross the rights-of-way of some of the ditches and levees constructed and owned by The Little River Drainage District, a public corporation of the State of Missouri, with its chief office in Cape Girardeau, Missouri, and hereinafter called "District"; and WHFsRfiAS, said District is willing to grant permission sought by the City upon the terms and conditions hereinafter set out. NOW, THERfiFORE, the above parties have this day made and entered into the following contract and agreement. (1) The District in consideration of Ten Dollars ($10.00) in hand paid to it by City, the receipt of which is hereby acknowledged, and the performance by City of the conditions hereinafter imposed upon it in the agreement, does hereby grant to City permission to construct and maintain a waterline under and across rights-of-way of the following named, numbered and described ditches at the points hereinafter stated and as shown on the plat attached hereto and made a part hereof. PPrm n n . .a4 .m n .-Di tch No_ 1 All of that part of the Southeast Quarter of Section 26, and a11 of that part of the Northeast Quarter of Section 35, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of Scott, State of Missouri, more particularly described as follows: Commence at a 1/2" diameter iron rod set in concrete marking the Southwest corner of said Section 26, thence East, with the South line of said Section 26, 4,866.47 feet, to the place of beginning; 1 �mnorarv Construction Easement - Ditch A1o. �A All of that part of the Northeast Quarter of Section 26, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of cape Girardeau, State of Missouri, described as follows: Commence at a 1/2 " diameter iron rod set in concrete marking the Southwest corner of said Section 26, thence with the South line of said section, East 2,738.07 feet, to a point at the intersection of Little River Drainage District Ditch No. 1 and Little River Drainage District No. 4A, from which the 5outheast corner to said section bears East, 2,681.37 feet, thence with Little River Drainage District Ditch No. 4A, North 00 deg. 35' 02" West, 2,699.02 feet, to a point on the surveyed centerline of existing Nash Road, thence North 00 deg. 03' 54" West, 65.00 feet, to a point on the North line to said Nash Road, the place of beginning; thence North 89 deg. 38' S0" West, 25.00 feet, to the intersection of the North line of Nash Road, with the West line of said Ditch No. 4A, thence North 00 deg 03' 54" West, 40.51 feet, thence South 89 deg. 24' S4" East, 110.01 feet, thence South 00 deg. 03' S4" East, 40.06 feet to a pc�int on the North line of Nash Road, thence with said North line, North 89 deg. 38' 50" West, 85.00 feet, to the place of beginning and con- taining 4,431 square feet, more or less, excepting 1,100 aquare feet more or less, being within the permanent easement. (2) Where said waterline crosses said Ditch Nos. 1 and 4A it shall be placed under the grade section of said Ditches a minimum of forty-two (42) inches. After said waterline construction is completed the ditch section shall be restored back to its original section. (3) City, its contractors, agents or representative of either, shall give the Engineer of the District at least five (5) days notice of the date of the expected crossing of said ditch. (4) City, its successors or assigns, agree that at no time or under any circumstance, shall it impair, fill up, injure, destroy or reduce the cross section or carrying capacity of said ditch, nor shall it, or anyone for it, place a temporary obstruction in any of said ditches, levees or floodway without first obtaining the consent thereto of the Chief Engineer of the District, and if 3 ti thence South 46 deg. 13' 35" East 72.27 feet, to point on the South line of Little River Drainage District Ditch No. 1, thence with said South line, East, 14.45 feet, thence North 46 deg. 13' 35" West, 144_54 feet, to a point on the North line of Little River Drainage District Ditch No. 1, thence with said North line, West, 14.45 feet, thence South 46 deg. 13' 35" East, 72.27 feet, to the place of beginning and containing 1,445 square feet, mor•e or less. Ditch No. 4A All of that part of the Northeast Quarter of Section 26, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the county of Cape Girardeau, State of Missouri, described as follows: Commence at a 1/2" diameter iron rod set in concrete marking the Southwest corner of said Section 26, thence with the South line of said section, East, 2,738_07 feet, to a point at the intersection of Little River Drainage District Ditch No_ 1 and Little River Drainage District Ditch No. 4A, from which the Southeast corner to said section bears East, 2681.37 feet, thence with Little River Drainage District Ditch No. 4A, North 00 deg. 35' 02" West, 2,699.02 feet, to a point on the surveyed cznterline of existing Nash Road, thence North 04 deg. 03' 54" West, 65.00 feet to a point on the North line to said Nash Road, thence with said North line, North 89 deg. 38' 50" West, 25.00 feet, to the intersection of the North line of said Nash Road, with the West line of Little River Drainage District Ditch No. 4A, thence with said West line, North 00 deg. 03' 54" t�est, 8.34 feet, to the glace of beginning; thence continue North 00 deg. 03' 54" West, 10_00 feet, thence North 89 deg. 31' 21" East 110.00 feet, to a �oint on the East line of said Ditch 4A, thence with said line, South 00 deg. 43' 54" East, 10.00 feet, thence South 89 deg. 31' 21" West, 114.OU feet, to the place of beginning anc� containing 1,100 square feet, more or less. T�m�,rary Construction Easement Ditch No. 1 All of that part of the Southwest Quarter of Section 26, and all of that part of Northeast Quarter of Section 35, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of Scott, State of Missouri, more particularly described as follows: Commence at a 1/2 " diameter iron rod set in concrete marking the Southwest corner to said Section 26, thence East, with the South line of said Section 26, 4,833.40 feet to the place of beginning; thence North 44 deg. 01' 56" West, 69.55 feet, to a point on the North line of Little River Drainage District Ditch No. 1, thence with said North line, East, 29.22 feet, thence South 46 deg. 13' 35" East, 144.54 feet, to a point on the South line of Little River Drainage District Ditch No. 1, thence with said South line, West, 36.92 feet, thence North 44 deg O1' 56" West, 69.55 feet, to the place of beginning and containing 3,307 square feet, more or less. 2 permission is given, said obstruction shall be immediately removed at the request of the G'hief Engineer of District. (5) City agrees that if, as and when, the District or anyone acting for it, shall proceed to do any work in the way of maintenance or enlargement of the ditches, or excavating new channels, or enlargement or relocating of old channels including levees or set back of levees, hereinabove described, whether dane by machinery or otherwise, that it will at its sole cost either construct a detour loop, or permanently relocate its waterline as may be required by the District in order to permit the District or its servants, agents, employees, contractors, or other employees of the District, including any governmental agency or its employees or contractors, engaged in cooperative work with the District to do said work without hindrance to the District or hazard to the waterline. (6) Whenever such construction, maintenance, except clearing or enlargement work is done, the District shall give written notice to city, or its successors and assigns, thirty (30) days in advance of the time when it is expected the agents, servants, employees, contractors, or others engaged in such work will reach said waterline crosaing, and said City shall immediately proceed to construct a detour loop, or relocate said waterline in accordance with the requirements hereinabove set out so as to have same fully completed within sixty (6Q) days after such notice. Should City fail to carry out the conditions hereinabove set out, the District its contractors, agents, employees, or anyone working for it in any capacity, may cause such act or duty to be done or performed without liability on the part of The Little River Drainage District, and shall bill City, its successor and assigns for the cost of same, plus twenty percent (20�), and in which event it or they shall promptly pay District, or contractor for such work or service. 4 (7) The City, its successors and assigns, asstune the entire hazard, risk and responsibility for any and all damages, claims or causes of action that may arise, either directly or indirectly from claims, accidents, or casualties resulting from the construction, maintenance or operation of said waterline across the right-of-way of said District and to hold the District free and harmless from all such claims or causes of action, should same be asserted against the District. (8) This Contract shall be binding upon the District and City and their respective successors and assigns perpetually, as they may be authorized to function under the laws of the State of Missouri, irrespective of whether the successors and assigns of either Corporation may take and hold their respective rights by voluntary or involuntary conveyance from their predecessor in title. (9) Neither the City, nor its successors in title shall ever claim any right, title or interest in and to said land superior or dominant to those now held by District. (10) Said Diatrict may cancel and revoke the permission herein granted by giving ninety (90) days written notice to said City, or its successors or assigns at any time that full and complete compliance with the conditions herein imposed upon said City are not fully complied with. 5 IN WITNESS WHEREOF, The Little River Drainage District has caused this contract to be executed by its duly authorized officers on this day of , 1993. THE LITTLE RIVER DRAINAGE DISTRIG"r By President, Board of Supervisors ATTPST: Secretary, Board of Supervisors CITY OF CAPE GIRARDEAU By City Manager ATTEST: City Clerk 6 STATE OF MISSOURI ) ) ss COUNTY OF CAPE GIRARDEAU ) On this day of , 1993, before me appeared E. B. Gee, Jr. , to me personally known, who, being by me duly sworn, did say that he is the President of the Board of Supervisors of T`he Little River Drainage District and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and that said instrument was si�ned and sealed in behalf of said Corporation by authority of its Board of Supervisors, and said E. B. Gee, Jr. acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on this day of , 1993. Notary Public My commission expires STATE OF MISSOURI ) ) SS COUNTY OF ) On this the day of , 1993, before me appeared J. Rhonald Fischer to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau a municipality of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said city and that said instrument was signed and sealed in behalf of said City by authority of its Council, and J. Ronald Fischer acknowledged said instrument to be the free act and deed of said City. IN TSSTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on this day of , 1993_ Notary Public My commission e�ires 7