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Home My WebLink AboutRES.685.12-02-1991 , , /� BILL NO. 91-254 RESOLUTION NO. v� �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR PERMANENT ACCESS EASEMENTS WITH SOUTHEAST MISSOURI STONE COMPANY AND SOUTHERN ILLINOIS STONE COMPANY FOR A ROAD AT THE SOLID WASTE TRANSFER STATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into an Agreement For Permanent Access Easements with Southeast Missouri Stone Company and Southern Illinois Stone Company for a road at the solid waste transfer station. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS f � DAY OF • , 19��. _.,. /y�.�'Jr',/�� . /��/J/l'o.� � ._-- Francis E. Rhodes, Mayor ATTEST: • ; � , , � Julie . Dale, Deputy City Clerk AGREEI��NT FOR PERs✓IANENT ACCESS EA.SEMENT Comes now Southeast Missouri Stone Company, a Missouri Corporation; Southern Illinois Stone Company, an Illinois Corporation and the City of Cape Girardeau, Missouri, a Municipal Corporation, organized and existing under the laws of the State of Missouri , and enter into the following Agreement For Permanent Access Easements . 1. The parties hereto agree that Southeast Missouri Stone Company, a Missouri Corporation, will grant to the City of Cape Girardeau, Missouri , two (2) permanent access easements over the following described tracts of land: TRACT NO. 1 A tract of land in United States Survey 2202 in Township 30 North, Range 14 East in the city and county of Cape Girardeau, Missouri containing 1 . 14 acres more or less . More particularly described as follows : 30 feet each side of a line beginning on the south right of way of Biokyowa Road, as described in Book 413 , Page 419 of the land records of Cape Girardeau County, Missouri , at a point 130 feet east of the centerline of the Burlington Northern Railroad main tracks; thence, South 28 ° 39 ' 22" West along a line parallel to the eastern right of way of said railroad 828 . 05 feet to the north property line of a parcel of land owned by the Illinois Stone Company as recorded in Book 334 and Page 373 in the land records of Cape Girardeau County, Missouri, and there terminating. Containing 1 . 14 acres more or less . Also, a Permanent Access Easement over the following described tract of land: TRACT NO. 2 A tract of land in United States Survey 2202 in Township 30 North, Range 14 East in the City and County of Cape Girardeau, Missouri, containing 0 . 39 acres more or less. More particularly described as follows. A strip of land 30 feet each side of a line beginning at the south property line of a parcel of land owned by Southern Illinois Stone Company as recorded in Book 334 , Page 373 at the Cape Girardeau County recorder's office, 130. 00 feet east of and perpendicular to the center line of the Burlington Northern Railroad main track; thence, South 28° 39 ' 22" West along a line parallel to the right of way of said railroad, a distance of 139 . 24 feet to a point of curvature; thence, in a southeasterly direction along an arc concave to the east with a radius of 2786 . 1 feet and an arc distance of 146 . 56 feet to a point of intersection with the North line of an existing right of way to the City of Cape Girardeau, Missouri as recorded in Book 484 and Page 89 at the Cape Girardeau County recorder' s office, being also 163 feet in an easterly direction from the center line of the Burlington Northern Railroad main track along the northern line of said right of way and there terminating. Containing 0 . 39 acres more or less . 2 . The parties hereto agree that Southern Illinois Stone Company, an Illinois Corporation, will grant to the City of Cape Girardeau, Missouri , a Permanent Access Easement over the following described land : A tract of land in United States Survey 2202 in Township 30 North, Range 14 East in the City and County of Cape Girardeau, Missouri containing 0. 21 acres more or less . More particularly described as follows : A strip of land each side of a line beginning at the north property line of a parcel of land owned by the Southern Illinois Stone Company as recorded in Book 334 and Page 373 at the Cape Girardeau county recorder' s office, 130 feet East of and perpendicular to the center line of the Burlington Northern Railroad main tracks; thence South 28° 39 ' 22" west along a line parallel to the eastern right of way line of the Burlington Northern Railroad 150 . 00 feet to �:he south property line of said Southern Illinois Stone Company and there terminating. Containing 0 . 21 acres more or less. 3 . The parties agree that these Permanent Access Easements will be executed contemporaneously with the execution of this Agreement and that part of the consideration given by the City of - 2 - Cape Girardeau, Missouri, for these Permanent Access Easements will be the right of the Grantors of said Easements to use the roadway in question for ingress and egress to its own property, and that the City shall have the right to the use of the Permanent Access Easements for ingress and egress by its own vehicles, as well as the vehicles of its customers for its solid waste transfer station and their agents and assigns . 4 . The parties hereto agree that by the last day of 1992 , the City will pave said roadway with a hard surface material after making such improvements as are necessary to prepare the roadbed for such paving. The cost of the roadbed preparation and the hard surface paving shall born solely by the City. 5 . This Agreement shall be binding upon the successors and assigns of all the parties . Dated this day of , 19 SOUTHEAST MISSOURI STONE COMPANY D. L. Harrison, President ATTEST: T. E. Regenhardt, Secretary [CORPORATE SEAL] - 3 - SOUTHERN ILLINOIS STONE COMPANY T. E. Regenhardt, President ATTEST: William Regenhardt, Secretary [CORPORATE SEAL) CITY OF CAPE GIRARDEAU, MISSOURI J. Ronald Fischer, City Manager ATTEST; Julie A. Dale, Deputy City Clerk - 4 -