HomeMy WebLinkAboutRES.620.05-06-1991 BILL N0. 91-75 RESOLUTION N0, w �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH CHARLES F. BLATTNER
AND JERRY E. ERLBACHER, d/b/a BLATTNER &
ERLBACHER, FOR DEVELOPMENT IN A TRACT KNOWN AS
B & E INDUSTRIAL PROPERTIES
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 Charles F. Blattner and Jerry E. Erlbacher , d/b/a
Blattner & Erlbacher for street , water and sewer development in a
tract known as B & E Industrial Properties . A copy of said
Contract is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS �� DAY OF , 19��.
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ancis E. Rhodes , yor ,
ATTEST:
. �Z��
Julie A, ale
Deputy C ' ty Clerk
CONTRACT
This Agreement , made and entered into this _J�� day
of j��� , 1991 , by and between the City of Cape
Girardeau , Missouri , a Municipal Corporation, hereinafter referred
to as "City" , and Charles F. Blattner and Jerry E. Erlbacher ,
d/b/a Blattner & Erlbacher , hereinafter referred to as
"Developers" .
For and in consideration of the promises and agreements made
herein, the parties agree to bind themselves as follows :
1 . Developers will dedicate land to City for street
right-of-way sixty ( 60 ) feet in width for the extension of Rust
Avenue from their West line in Outlot 54 , U . S ,P . S . 2199 , East , a
distance of approximately 2 , 540 feet , more or less, at no cost to
the City.
2 . Develooers will dedicate land to City for street
right-of-way sixty ( 60 ) feet in width for Minnesota Avenue from
the South line of Outlot 54 , U . S. P. S . 2199, North, a distance of
aporoximately 1 , 110 feet , more or less , at no cost to the City ,
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3 . Developers will dedicate land to City for street
right-of-way for Wilson Road Sixty ( 60 ) feet in width where such
road currently exists or is realigned and where Developers
currently own land abutting both sides of such sixty ( 60 ) foot
right-of-way, or in the alternative, right-of-way thirty ( 30 ) feet
wide where Developers ' land currently abuts only one ( 1 ) side of
such proposed alignment of Wilson Road, in general conformance
with a preliminary layout plan for B & E Industrial Properties ,
received in the Office of the City Engineer, April 9 , 1991 , and
approved as a Sketch Plan by the Cape Girardeau Planning and
Zoning Commission on April 10 , 1991 , attached hereto and
incorporated by reference as though fully set out herein . This
right-of-way will also be dedicated to the City at no cost to the
City.
4 . Developers will construct the extension of Rust Avenue
with a thirty ( 30 ) foot wide pavement complying with the City ' s
Subdivision Regulations and current City standards for street
construction, along the entire right-of-way dedicated pursuant to
this Agreement . All costs of construction shall be borne by
Developer . Developers agree that City may prohibit on-street
parking on the thirty ( 30 ) foot portion of Rust Avenue .
5 . The City agrees to allow Developers to construct
Minnesota Avenue with a forty ( 40 ) foot wide pavement from the
South line of Outlot 54 , U . S . P. S . 2199 , North, a distance of
approximately 1, 110 feet, more or less . Developers agree to
construct said street in compliance with City ' s Subdivision
Regulations and current City standards for street construction.
The City agrees to pay one-half ( 1/2 ) the cost of construction of
this portion of Minnesota Avenue.
6 . Developers agree to extend an existing eight ( 8 ) inch
water main along existing Rust Avenue, Eastward to Minnesota
Avenue right-of-way as dedicated pursuant to this Agreement .
Developers will construct such water line at Developers ' expense
and at no cost to the City.
7 . Developers agree to construct a sewer line from the
existing Southwest Trunk Sewer line from a point between existing
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manholes number 20 and 21 , Northward along and within the
right-of-way of Minnesota Avenue as dedicated pursuant to this
Agreement to the intersection of Minnesota Avenue and Rust Avenue,
a distance of approximately 1, 450 feet, more or less.
The City �grees to pay one-half ( 1/2 ) the construction
cost of said sewer extension and the City will acquire any sewer
easement that the Citv deems necessarv between the Southwest Trunk
Sewer Line and the Developers ' property. The cost of this sewer
easement , if necessary, will be borne one hundred per cent ( 100$ )
by the City .
Any other sewer line that Developers desire to build to
serve their property will be at their sole expense .
8 . The parties agree to comply with all regulations of the
City and nothing in this Aareement will operate to abrogate any
provision of City ' s regulations governing the development projects
set out herein, with the exception of the pavement width variance
on Rust Avenue as stated in Paragraph Four ( 4 ) of this Contract .
9 . Street right-of-way to be dedicated to the City pursuant
to this Agreement shall be dedicated to the City before Developers
undertake construction of improvements . Such dedication shall be
at no cost to the City and may be done in such stages as
development dictates.
10 . This Agreement shall be binding on the heirs, successors
and assigns of the parties hereto.
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This Agreement entered into the day and year first above
written.
CITY OF CAPE GIRARDEAU, MISSOURI
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C�,.<.�C<�
. Ronald Fischer, City Manager
ATTEST:
C��e �
Julie . Dale, Deputy City Clerk
BLATTNER & ERLBACHER
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Charles F . Blattn r, r ner
rry er, Partner
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