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HomeMy WebLinkAboutRES.932.06-06-1994 BILL NO. 94-140 RESOLUTION NO. ����:� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE ISSUANCE OF A BUILDING PERMIT WITH DANNY AND CAROL BIERSCHWAL AT 560 VINCENT PARK DRIVE, 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 Contract for the Issuance of a Building Permit with Danny and Carol Bierschwal at 560 Vincent Park Drive, in the City of Cape Girardeau, Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. �� PASSED AND ADOPTED THIS �� :- DAY OF ;_„��_t�u,� , 19�. . A. . Spr dling, III, or ATTEST: � ,�� „ � ,_ �_ 6� ' � �iiir�:� Gay ' L. .Conrad Deputy City Clerk CONTRACT FOR THE ISSUANCE OF A BUII.DING PERMIT This Agreement entered into this 7fh day of fUr1e , 1994, by and between the City of Cape Girardeau, Missouri, hereinafter referred to as "City" , and Danny and Carol Bierschwal, hereinafter referred to as the "Bierschwals" , and in consideration of the mutual promises and agreements made herein, the parties do agree as follows: l. The Bierschwals are owners of a tract of land located at 560 Vincent Park Drive, Cape Girardeau, Missouri, and more particularly described as follows: Part of Lot two (2) in Block "B" of St. Vincent's Park in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 3 at Page 27, described as follows, to-wit: Begin at the Southeast corner of said Lot 2 in Block "B" and run in a Westerly direction along the South line of said Lot 2 in Block "B" , 109 feet for a beginning corner; thence North parallel with the East line of said Lot 2, 155 feet to a point; thence in an Easterly direction parallel to the South line of said Lot 2, 109 feet to the East line of said Lot 2 ; thence in a Northerly direction along the East line of said Lot 2, 331. 6 feet to the Northeast corner of said Lot 2; thence in a Westerly direction along the North line of said Lot 2, 215 feet to the Northwest corner of said Lot 2; thence in a Southerly direction with the West line of said Lot 2 , 426 feet to the Southwest corner of said Lot 2 ; thence in a Easterly direction with the South line of said Lot 2 , 89 feet to the point of beginning. Excepting the right-of-way dedicated for Timon Way and Vincent Park Drive and Lots 1 and 2 of Bierschwal Subdivision. 2 . The above described tract currently contains an existing dwelling unit in which the Bierschwals reside. 3 . The Bierschwals are desirous of building a new one-family dwelling on the above described property and they desire to continue living in the existing dwelling unit until such time as the new house is completed. 4 . City Ordinance Section 30-22 (4) provides that no more than one (1) main building may exist on any one (1) lot and therefore the parties to this Contract acknowledge that under the Ordinances of the City of Cape Girardeau, Missouri, the Bierschwals are not entitled to a building permit since the construction of a new dwelling unit on the lot would produce a situation where there were two (2) main buildings on the lot. The Bierschwals represent that they are desirous of removing the existing structure at the time the new house is completed and that they will demolish the existing structure in accordance with City Codes. 5. The parties agree that upon compliance with all other provisions of the City Codes for the issuance of a building permit for the new structure, that the City will temporarily forego its right to insist upon the removal of the existing structure prior to the institution of construction on the new house in order to enable the Bierschwals to continue living in the existing structure during the construction of the new house. 6. The parties further agree that upon completion of the new house, that the Bierschwals will apply for and obtain the appropriate demolition permit for the now existing structure and will proceed with and complete the demolition of the existing structure within sixty (60) days of the completion of the new house, all in accordance with City codes and regulations. The Bierschwals hereby represent that they will complete the 2 . construction of the new house and the demolition of the existing house no later than March 31, 1995. 7 . The existing structure referenced herein as well as the proposed structure are shown on a plat of the Bierschwals' building lot, a copy of which is marked Exhibit A, attached hereto and made part hereof by reference as though fully set out herein. 8. The parties hereto agree that failure of the Bierschwals to complete the demolition of this structure within the time allowed by the terms of Paragraph 6 of this Contract will result in their prosecution under the City's Code of Ordinances for violation of Section 30-22 (4) . This Agreement entered into the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI ' . � �':. f;�..` /.-z':: �`��.' ���' j�1 J. Ro.�ald Fischer, City Manager ATTEST: f � � 4 1 � - fr ;,�.� _.�,� 6; '� ;r�, ayle L. 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