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HomeMy WebLinkAboutRES.627.05-06-1991 , . BILL N0. 91-69 RESOLUTION N0. �� A RESOLUTIOAT AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION; THE STATE QF MISSOURI , ACTING THROUGH THE OFFICE OF ADMINISTRATION AS THE CAPE GIRARDEAU VETERANS HOME; THE CAPE GIRARDEAU COUNTY COMMISSION; MIDAMERICA HOTELS CORPORATION; THE CITY OF CAPE GIRARDEAU, MISSOURI ; AND THE CAPE SPECIAL ROAD DISTRICT OF CAPE GIRARDEAU TO SHIFT EXISTING ENTRANCES ON ROUTE 34 TO A COMMON CROSSOVER FOR THE CAPE GIRARDEAU VETERANS ' HOME BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOti7S : • ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into an Agreement between the Missouri Highway and Transportation Commission; the State of Missouri , acting through the Office of Administration as the Cape Girardeau Veterans Home ; the Cape Girardeau County Commission ; Midamerica Hotels Corporation; the City of Cape Girardeau, Missouri ; and the Cape Special Road District of Cape Girardeau to shift existing entrances on Route 34 ( Station 904+30, Centerline Median) to a common crossover for the Cape Girardeau Veterans ' Home . A copy of said Agreeme�t is attached to this Resolution and made a oart hereof . PASSED AND ADOPTED THIS (� DAY OF , 19��. c=,� - �� ; Francis E. Rhodes, Mayor ATTEST: � ���C��C./ Julie A. Dale Dep y City Clerk Entrance Shift Route 34, Cape Girardeau County Station 904+30, Centerline Median AGREEMENT THIS AGREEMENT, made and entered into by and between the State of Missouri, acting through the Missouri Highway and Transportation Commission, hereinafter referred to as "Cor,�mission" , the State of Missouri, acting through the Office of Administration as the Cape Girardeau Veterans Home, hereinafter referred to as "Home" , the Cape Girardeau County Commission, hereinafter referred to as "County" , the Mid America Hotels Corporation, hereinafter referred to as "Hotels" the City of Cape Girardeau, hereinafter referred as "City" , and the Cape Special Road District of Cape � Girardeau, hereinafter referred as "District" . WITNESSETH: The Commission owns and maintains as part of the state highway system, Route 34 in Cape Girardeau. The County, the Home, the City, the District, and Hotels desire to shift existing entrances on Route 34 to a common crossover. The Commission is willing to cooperate with the County, the Home, the City, the District, and Hotels under the terms and conditions set out herein. l. All property descriptions in this agreement, and shown on "Exhibit J" which is attached and is incorporated herein by reference, shall be based on the centerline median of State Highway Route 34 . Said highway centerline median of State Route 34 established by Job Number 10-U-34-17 is located and described commencing at the common corners of i Sections 22 , 23 , 26, and 27 , Township 31 North, Range 13 East; thence south 18° 25' east, 132 . 65 feet to a point on said centerline median being P.O.C. Station 962+00 for the � point of beginning. Said P.O.C. being tangent to a line bearing of north 65° 25' west; thence northwesterly along the centerline of inedian being an arc of a 3° curve to the right having a radius of 1909.86 feet for a distance of 498 . 7 feet to P.C. Station 957+01. 3 ; thence north 50° 27 ' west, 4130. 1 feet to a P. I . Station 915+72 . 2 ; thence north 59° 22 ' west, 2068 . 6 feet to centerline median Route 34 , Station 895+03 . 6 which is equal to Station 1025+63 . 1 on the centerline median of Interstate Route I-55 . 2 . The commission shall execute and deliver a quitclaim deed, Exhibit A, to Hotels conveying two parcels of land in Cape Girardeau County, Missouri, one parcel on the north side of State Route 34 and one parcel on the south side of State Route 34 , Cape Girardeau County, Missouri, including all rights, title, and interest in and to the following highway right of way on State Route 34 , designated by widths as measured from the above described highway centerline median as follows: -2- 2 . (a) Parcel 1 lying on the northeast side of Route 34 , being a tract of land in U. S.P. S. Number 3157 , Township 31 North, Range 13 East, containing 0. 32 acre, described as beginning at a point north 30° 38' east, 238 . 0 feet of Station 903+70 . 0; thence north 41° 59 ' S6" east, 108 . 56 feet to a point 344 . 4 feet opposite Station 903+91. 4 ; thence south 39° 22 ' east, 184 . 30 feet to a point 281. 4 feet opposite Station 905+64 . 6; thence south 45° 14 ' 30" west, 44 . 85 feet to a point 238 . 0 feet opposite Station 905+53 . 3 ; � thence north 59° 22 ' west, 183 . 27 feet to the point of beginning. 2 . (b) Parcel 2 lying on the southwest side of Route 34 , being a tract of land in the south half of the northwest quarter and north half of the southwest quarter of Section 22 , Township 31 north, Range 13 east, containing 0 . 24 acre described by beginning at a point south 30° 38' west, 117 . 0 feet of Station 910+46. 9 ; thence south 59° 22 ' east, 97 . 5 feet to a point 117 . 0 feet opposite Station 911+44 . 4 ; thence south 30° 38' west, 105 feet to a point 222 feet opposite Station 911+44 . 4 ; thence north 59° 22' west, 97 . 5 feet to a point 222 feet opposite Station 910+46. 9; thence north 30° 38' east, 105 feet to the point of beginning. 2 . (c) These conveyances are made upon the express condition that grantees, their heirs, successors, and assigns shall have no rights of direct access from the lands herein conveyed to the adjacent throughway of the highway known as State Route 34 or its right of way. -3- 3 . The Commission shall execute and deliver a quitclaim deed, Exhibit B, to Home conveying all rights, title, and interest in and to the following highway right of way in a parcel 3 of land in Cape Girardeau County, Missouri , south of State Route 34 designated by widths as measured from the above - described highway centerline medilan as follows: On the southwest side of Route 34 , a tract of land being part of the south half of the northwest quarter and north half of the southwest quarter of Section � 22 , Township 31 north, Range 13 east, containing 0. 24 acre described by beginning at a point south 30° 38 ' west, 117 . 0 feet opposite Station 911+44 . 4 ; thence south 59° 22 ' east, 97 . 5 feet to a point 117 . 0 feet opposite Station 912+41. 9 ; thence south 30° 38' west, 105. 0 feet to a point 222 . 0 feet opposite Station 912+41. 9 ; thence north 59° 22 ' west, 97 . 5 feet to a point 222 feet opposite Station 911+44 . 4 ; thence north 30° 38 ' east, 105. 0 feet to the point of beginning. 3 . (a) This conveyance is made upon the express condition that grantees, their heirs, successors, and assigns shall have no rights of direct access from the lands herein conveyed to the adjacent throughway of the highway known as State Route 34 or its right of way. 4 . County shall execute and deliver a quitclaim deed, Exhibit C, to the Commission conveying any right of access to Route 34 it owns, claims or enjoys at the following location. All rights of direct access belonging to grantor, their heirs, and assigns over an existing entrance to the -4- throughway of State Route 34 , located on the right or southwest side of State Route 34 and centered at centerline median Station 911+81. 9 (which equals Station 911+90 centerline eastbound lane 42 ' right) in the south half of the northwest quarter and the north half of the southwest quarter of Section 22 , Township 31 north, Range 13 east, in Cape Girardeau County, referenced in Book 195, Page 149 and Book 199 , Page 417 , in the Recorder' s office of Cape Girardeau County, is hereby released to Commission. Al1 such rights of direct access to State Route 34 over said entrance and right of way of said entrance, within the abutting lands on the southwest side of State Route 34 and from opposite Station 910+46 . 9 to Station 912+41. 9 , is terminated and shall forever cease by this conveyance. . 5 . Hotels shall execute and deliver a general warranty deed, Exhibit D, to Commission conveying two parcels of land known and numbered as Parcels 4 and 5 . One parcel north of Route 34 and one parcel south of Route 34 being more particularly described as follows: All that part of grantor's land in U. S.P.S. Number 3157 , Township 31 north, Range 13 east and the fractional southwest quarter of the northwest quarter of Section 22 , Township 31 north, Range 13 east in Cape Girardeau County, Missouri, lying within widths as hereinafter designated from both sides of the previously described highway centerline median of State Route 34 containing a total of 0.43 acre as new limited access right of way. -5- 5. (a) Parcel 4 widths of new limited access right of way as measured at right angles from the previously described highway centerline median are as follows: All of grantor's land lying northeast of present State Route 34 within a tract which widens in a straight line from 238 . 0 • feet north of Station 905+82 . 6 to a width of 283 . 7 feet at Station 906+36 . 4 ; thence widens in a straight line to a width of 296 . 8 feet at Station 906+31 . 6 ; thence widens in a straight line to a width of 325 . 1 feet at Station 907+06 . 4 ; � thence narrows in a straight line to a width of 279 . 6 feet at Station 907+23 . 0; thence narrows in a straight line to a width of 238 . 0 feet at Station 907+93 . 2 containing 0. 21 acre. 5 . (b) Parcel 5 widths of new limited access right of way as measured at right angles from the previously described highway centerline median are as follows: All of grantor' s land lying southwest of and adjoining the existing right of way of present State Route 34 within a tract which widens in a straight line from a width of 117 . 0 feet at Station 906+33 . 3 to a width of 171. 6 feet at Station 907+25.9; thence widens in a straight line to a width of 205. 7 feet at Station 907+38 . 3; thence narrows in a straight line to a width of 185. 3 feet at Station 907+94 . 7 ; thence narrows in a straight line to a width of 174 . 7 feet at Station 907+90. 9 ; thence narrows in a straight line to a width of 117 . 0 feet at Station 908+58 . 3 containing 0. 22 acre. -6- 5. (c) All abutter's rights of direct access between the throughway of the highway now known as State Route 34 and its right of way as described above, and any direct access to those portions of the two proposed side road • connections �located within said right of way and grantor' s abutting land in U. S.P. S. Number 3157 , Township 31 north, Range 13 east in the fractional southwest quarter of the northwest quarter of Section 22 , Township 31 north, Range 13 east in Cape Girardeau County, Missouri, is prohibited. " 5. (d) There is specifically granted to grantee, their heirs, and assigns, the right of direct access to the throughway of State Route 34 by two 60 . 0 feet wide entrances: One on the southwest side, centered at right of way line opposite centerline median Station 907+66. 5 which equals Station 907+74 . 6 centerline eastbound lane 42 . 0 feet right, and one on the northeast side, centered at the right of way line opposite centerline median Station 906+68 . 0 which equals Station 906+76 . 1 centerline westbound lane 158 . 0 feet left. Said entrances are in lieu of any entrances now existing opposite centerline median Station 911+81. 9 which equals Station 911+90 centerline east bound lane 42 . 0 feet right, which are hereby terminated and forever ceased, and referenced in Book 195, Page 149, and Book 199 , Page 417 , in the records of the Recorder's office in Cape Girardeau County, Missouri. -7- 5. (e) Hotels further stipulates and agrees to build or have built, an entrance, a side road connection, and crossover at Station 907+22 . 24 shown on the plat attached and incorporated by reference hereto, Exhibit E, to remove the existing side road connection at Station 904+30. 0 Route 34 , and to obliterate and remove the park road and park known as Wedekind Park located at Station 9+16, side road connection. Al1 work to be done to the standard shown on said plat. � 5 . (f) Said proposed northeast side road connection locat�d within said right of way is designated by a centerline which commences at State Route 34 Station 907+22 . 24 and extends on the northeast side, north 25° 38 ' east, a distance of 213 . 60 feet; thence north 10° 38' east, a distance of 104 . 1 feet to the northeast highway right of way at Station 906+68 . 0, 310. 6 feet left. 5. (g) Said proposed southwest side road connection located within the above described right of way is designated by a centerline which commences at State Route 34 centerline median Station 907+22 .24 and extends on the southwest side, south 25° 38' west, a distance of 97 . 16 feet; thence south 10° 40' 45" west, a distance of 105. 0 feet to the southwest right of way line 195. 5 feet right of Station 907+66. 5. 5. (h) Hotels shall provide access to Home property south and east of the new entrance herein provided. Such access to be mutually agreed upon by Hotels and Home. -8- 6. Hotels shall execute and deliver a general warranty deed, Exhibit F, to City conveying a parcel of land known and numbered as parcel 6, located north of Route 34 being more particularly described as follows: All that part of grantor's land in U. S.P. S . Number 3157 and the fractional southwest quarter of the northwest quarter of Section 22 , Township 31 north, Range 13 east in Cape Girardeau County, Missouri, described by metes and bounds from the previously described highway centerline median of Route 34 , containing � a total of 0. 21 acre as new right of way. Beginning at a point 296. 83 feet north 30° 38 ' east of Station 906+31 . 56 being a point on highway right of way; thence north 12 ° 44 ' 29" west, 56. 39 feet to the beginning of a curve to the right having a radius of 341 . 25 feet and a central angle of 28° 10' 57" ; thence along said curve in a northerly direction 15. 71 feet to a point on the present District right of way; thence north 45° 11' 58" east, 93 . 96 feet along District right of way to a point; thence north 15° 26' 28" east, 65. 58 feet along District right of way to a point, also being the beginning of a curve to the left having a radius of 261. 25 feet and a central angle of 28° 10' 57" ; thence along said curve in a southerly direction 128 . 50 feet to the end of said curve; thence south 12° 44 ' 29" east, 72 . 94 feet to a point; thence south 10° 38' west, 15. 54 feet to a point on highway right of way; thence north 80° 05' 21" west, 80. 0 feet along highway right of way to the point of beginning. -9- 7 . District shall execute and deliver a general warranty deed, Exhibit G, to Hotels conveying a parcel of land known and number�d as parcel 7 , located north of Route 34 being more particularly described as follows: Al1 that part of grantors land in U. S. P. S. Number 3157 and the fractional southwest quarter of the northwest quarter of Section 22 , Township 31 north, Range 13 east, in Cape Girardeau County, Missouri , described by metes and bounds from the previously described highway centerline median of � Route 34 , containing a total of 0. 73 acre. Beginning at a point 344 . 44 feet north 30° 38' east of Station 903+91 . 44 being a point on highway right of way, thence north 53° 20' 16" east, 156. 15 feet to a point; thence north 29° 42 ' 02" east, 128 feet to a point; thence north 21° 10' 47" east, 247 . 27 feet to a point; thence south 15° 26' 28" west, 391. 31 feet to� the beginning of a curve to the left having a radius of 341. 25 feet and a central angle of 28 ° 10' S7" ; thence along said curve in a southerly direction 152 . 15 feet to a point; thence south 45° 11' S8" west, 70 . 34 feet to a point on highway right of way; thence north 39° 22' 00" west, 184 . 30 feet along the highway right of way to the point of beginning. 8 . Hotels shall execute and deliver a general warranty deed, Exhibit H, to City conveying a parcel of land known and numbered as parcel 8, located south of Route 34 being more particularly described as follows: Al1 of that � part of grantors land in the fractional southwest quarter of -10- the northwest quarter of Section 22 , Township 31 north, Range 13 east in Cape Girardeau County, Missouri, described by metes and bounds from the previously described highway centerline median of Route 34 containing a total of 0. 28 acre as new right of way. Beginning at a point 186 . 96 feet south 30° 38' west of Station 907+90. 03 being a point on highway right of way; thence south 10° 40' 45" west, 140 . 01 feet to the beginning of a concave curve to the northeast having a radius of 75 . 0 feet and a central angle of 88° 38 ' � 32" ; thence along said curve in a southeasterly direction 116. 03 feet; thence south 89° 26' 31" west, 84 . 97 feet to the beginning of a concave curve to the northeast having a radius of 125. 0 feet and a central angle of 47° 04 ' 48" from which point a radial line bears north 53° 35' S7" east; thence along said curve in a northerly direction 102 . 71 feet to a point of tangency of said curve; thence north 10° 40' 45" east, 140 . 01 feet to a point on highway right of way; thence south 79° 19 ' 15" east, 50. 0 feet along the highway right of way to the point of beginning. 9. Al1 parties agreeing to execute and deliver for recording, the above referenced deeds within 30 days of completion and acceptance of said construction obligations of this agreement. All recording fees to be paid by each of the respective grantees. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officials. -11- EXECUTED BY COMMISSION this 7 day of 9«Q , 1991. EXECUTED BY COUNTY this 0-- day of 1991. EXECUTED BY HOME this 2 f day of riot , 1991. f rI EXECUTED BY HOTELS this f 3 day of Apra / , 1991. EXECUTED BY CITY this '1ay of ./ , 1991. EXECUTED BY DISTRICT this or -day of d/gy , 1991. -12- MISSOURI HIGHWAY AND CAPE G • •DEAU COUNTY TRANSP RTATION COMMISSION COMM t1070N - / ,//) / /i // i.A- Pres "ng commis e dl��dK is o 4, r ATTEST: (SEAL) B //%!�. . idi sis r, Comm - toner 4.,,,Vb),, el...�a227 By a Secretary Co issioner APPROVED AS TO FORM: ATTEST: (SEAL) Z, .‘e , cLL1 Counsel Countyerk CAPE SPECIAL ROAD CAPE GIRARDEAU VETEANS DISTRICT OF CAPE GIRARD£ U HOME It / �/� __By � BY__41/7,191 --- Pr=sident ATTEST: no1 (SEAL) ATTEST: (SEAL) MID AMERICA HOTELS ‘6)LkS cretary CORPORATION Psident 6 - ` ATTEST: (SEAL): i j-4(4,:;4i- L 6:-/ S cretary CITY OF CAPE GIRARDEAU BYJeyd-X41 / -* RR City Manager ATTEST: (SEAL) t BY di :_.'. . / I I/.� 1, C �' lerk -13- T••" f0"" '-v- .,-:-.3.1-_--I NOTE ALL PROPERTY LYING NORTH OF THE WEST BOUND LAZE //r / / OF HIGHWAY 61 IS REFERENCED BY STATION ANq OFFSET TO THE / CENTERLINE MEDIAN- AND ALL PROPERTY LYING SOUTH OF THE EAST BOUND LAND IS REFERENCED BY STATION AND OFFSET TO THE , CENTERLINE OF TIEEAST BOUM LANE.' SOME COWERS ARE REFER- // l• EKED BY STATION AND OFFSET TO THE CENTERLINE OF TIE EXISTING /• SIDE ROAD CONNECTION (THOSE LYING NORTH OF THE WEST BOUND LME). / a •% �%4 _ /437,;.." :9;2.1.4-;n f.tv _ // tl 0 // / r h / ,' PARCEL p �m may. , ��S° of Ab /� { a7. 4`'M1 or9.(.11 1-222 4,,E Md' 71/ R,, \, z. _ 1 997.0f.n 13.14 It a/ .44,,,->„,3,,,,,,_ .:11 •4 c ��`� `J W i 112150' 1 (�1 . 2Rt rale / (9,,46.9-222'Rt E.c.., E rGE ` yf \ sus'` e9.c� RGE 41/, 2►, re a !—'-ze ti ff / r > :// 4i5, , r •' VC�•32.5" R.!!(.25'•, '- 'LY/ / ,b (908,56.16-r1>W FV EMtd) '' 71.9:4q215- 7:471'''''''' so.u .nigP .+dJ = i �, (sn>•.80)3 85-25 Rt(.td1 `� 11 (9,nI8503-86.9E Rt f.tE) ,(859.32(5.364.05 00*E(eS • - ,\ t...': • V( eeii&•iia.s>RI.0.4d) • Jen Dewey • .+PAICEL P •'(o•'er • , m n F o ro.s ro.o, E e—�c,. - 151,8•1;74--70.067Rt E.[cd • qq u .� �(9J.M.J1-8,5,Rt E...d1 \�\ q• , - K. \ / iiqT / Y •,•O:.,•O:.,� 2'i ,Tr.so I_MNf5go../98'RENed) 9q : ' \ J> 0/-•56'4•A\�\ ` E C9015.15.20-(.)Rt[.kdJ '' N \\---70S A • n_u-fie•. _ r// • le ::I— '/ / EXHIBIT J • CAPE G/RARDEAU COUNTY ,ry / —`� Z� ROUTE 3/(6/) (311•1E ENTRA.JCE E CROSSOVER SN/FT _Yana AO Do 101.1r1S. 111 99 131 11 194 A i-WM..,, .,, • .. °a MID AMERICA 1OTELS ALV KALE CAPE G/RARDEAU VETERANS HOME f• _ . ••• as so s�; / 0 50 000 150 200 [ '� - 132 39• of 7 • 62,.0,P-10/Apt b,Epse-,0 Lovsa_, &q/ee a 5✓,veuo-= .a AGREEMENT between THE STATE OF MISSOURI Represented by THE OFFICE OF ADMINISTRATION DIVISION OF DESIGN AND CONSTRUCTION THE DEPARTMENT OF PUBLIC SAFETY VETERANS' COMMISSION MISSOURI HIGHWAY COMMISSION And MIDAMERICA HOTELS CORPORATION And THE CITY OF CAPE GIRARDEAU and CAPE SPECIAL ROAD DISTRICT OF CAPE GIRARDEAU TO CONSTRUCT A HIGHWAY INTERSECTION AND ACCESS ROAD FOR THE CAPE GIRARDEAU VETERANS' HOME THIS AGREEMENT, made this 7 day of ���n �- 1991, by and between the State of Missouri, by and through the Office of Administration, Division of Design and Construction; Department of Public Safety, Veterans' Commission; Missouri Highway Commission, MidAmerica Hotels Corporation, the city of Cape Girardeau and the Cape Special Road District. WITNESSETH: That the parties hereto state as follows: 1. That the Veterans' Commission is constructing a new veterans' home in the city of Cape Girardeau, Missouri, near the intersection of Interstate Highway 55 and U.S. Highway 61 (State Route 34) . 2. That the Missouri Highway Commission (Commission) approved access to the veterans' home off the eastbound lane of U. S. Highway 61 (State Route 34), and that the Veterans' Commission has constructed an access in accordance with that approval. -1- 3. That the MidAmerica Hotels Corporation (Hotels) owns property adjacent to the veterans' home site, and which has joint access to eastbound U. S. Highway 61 (State Route 34) . 4. That Hotels proposes to build an intersection across both lanes of U.S. Highway 61 (State Route 34), to provide access to both its property and the veterans' home and to relocate the north connecting side road. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Hotels shall design and construct, to the satisfaction and standards of Commission, an intersection across both lanes of U.S. Highway 61 (State Route 34), including a drive to the veterans' home and a relocation of the north side road, as depicted in Exhibit "A" attached hereto. (Exhibit "A" is intended to be a conceptual drawing for purposes of discussion and is not an actual design document. ) 2. Upon completion and acceptance of the intersection, drive and side road by the city of Cape Girardeau (the City) and the Office of Administra- tion, Division of Design and Construction (D&C), the parties will execute a supplemental agreement permitting the release of existing access at center- line median station 911+81.9 (which equals Station 911+90 centerline eastbound lane 42' right) and the exchange of right of way necessary to establish a 60 foot access each side of U.S. 61 (State Route 34), near Station 907. This will include the relocation of the existing crossover at centerline median Station 904+30 to Station 907+22.24 and the removal of the park and park road from the median area. The change in location shall take place so that the veterans' home or the north side road are never without access to U.S. Route 61 (State Route 34) . 3. Hotels shall dedicate and the city of Cape Girardeau shall accept -2- the entrance drive to the veterans' home as a city street. The minimum width of right of way to be dedicated shall be fifty feet. The city shall provide permanent maintenance for that street. Plans and specifications for that portion of the street to be dedicated to the city shall conform to city standards and shall be submitted to and approved by the city prior to construction. Construction shall be according to city standards and shall be inspected and approved by the city. The portion of the drive on state property (which shall not be dedicated as a city street), shall also be constructed according to city standards. That portion of the drive shall be inspected and approved by D&C. The portion of the drive within Commission right of way shall be constructed to Commission standards. There is a City sewer force main which will be relocated (lowered) on the south side road to the Veterans' Home. The design for the relocation will be provided by the City and the construction by Hotels at the time of the road work. The City will reimburse Hotels for the cost of the sewer force main relocation. The relocated north side road designated County Road 619 shall be constructed under City inspection in accordance with the plans and city specification for this type of work, and upon completion the City will accept and provide permanent maintenance on the road. However, it is agreed that this construction is interim until Hotels develops the abutting property, and at such time Hotels will construct the street to the standards applicable to the designated zoning as approved by the City. The portion of the side road on Commission right of way shall be constructed according to Commission standards. 4. Hotels and the State of Missouri shall execute a property exchange, as authorized in SB 825, a copy of which is attached hereto, as -3- Exhibit "B", in order to straighten an irregular property line, upon completion and acceptance of the intersection and drive by the Commission, the City, and D&C. The parties acknowledge that SB 825 contains two errors in the legal description which shall be addressed by deed of correction as soon as legislative authority is given. 5. Hotels shall conform all development of the property adjacent to the veterans' home to the city of Cape Girardeau C-2 zoning restrictions, or such other applicable restrictions as may be enacted, and shall provide the same high quality construction that is typical of Hotels' developments throughout the country. 6. Upon completion and acceptance of the intersection and drive by Commission, the City and D&C, the State of Missouri shall then pay to MidAmerica Hotels the sum of Fifty Thousand Dollars ($50,000) as the veterans' home contribution to the cost of construction of the intersection. MidAmerica Hotels shall bear all other costs of construction of the intersection and drive. The city of Cape Girardeau shall have no cost other than maintenance of the drive as specified in paragraph 3. 7. The veterans' home also agrees to accept 15,000 cubic yards of earth to be placed and seeded by Hotels in accordance with the specifications, attached hereto, as Exhibit "D". The placement of the fill and the seeding work shall be subject to approval by the Division of Design and Construction. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officials. -4- ,.A -t EXECUTED BY MISSOURI HIGHWAY COMMISSION this ' day of (i !.(/Yl� , 1991 EXECUTED BY SPECIAL ROAD DISTRICT this 0 day of /Way , 1991 EXECUTED BY OFFICE OF ADMINISTRATION this V,- day of Nal , 1991 EXECUTED BY MIDAMERICA HOTELS this ,, ���day of /f/ -, / , 1991 EXECUTED BY CITY OF CAPE GIRARDEAU this 0th) day of Mail , 1991 APPROVAL RECOMMENDED: CITY OF CAPE GIRARDEAU 0 / / ,i_...."-"--"----- By:, ,..;*-4,, , /� Ronald L. Norris, P.E., Director / itle C'' 7Q b �a.9 /'e _ Division of Design and Construction Cr. ,d0i:: Ri hard Rice, Director Department of Public Safety MIDAMERICA HOTELS CORPORATION / Al, Robert R. Buckner Demes L. Drury Acting Executive Director Owner Missouri Veterans' Commission APPROVED: CAPE SPECIAL ROAD DISTRICT OF CAPE GIRARDEAU , Y- )4i2-61-- By: 41, Or ,-mardiammilighlft: J es R. Moody, Commissioner Title Mr / Office of Administration MISSOURI HIGHWAY COMMISSION 4' 4.)40-fit �/ .�ATTEST Chairman L� Secretary to State Highway & 6764z 3/14/91 APP ,RO ED AS T J ti ,'• Transportation -Commission Assistant Counsel Exhibit A \ '\ PROPOSED ALTERNATE ENTRANCE \` \\ FOR THE CAPE GIRARDEAU \ VETERANS HOME r r \\ \ rr \ r r \ \ ! r \ \ rr \ i i ,,.` _\ I s.Y- r j - \ U.S. RT. 61 /S.R. 34 \ , \`--q,- / —` I I i \ \ / /—\ \ i RIGHT OF WAY (R.O.W.) :, EXISTING ENTRANCE TO BE /OEDiCAO TO THE CW.) � � REMOVED BY HIGHWAY • I AND TRANSPORTATION DEPT. /-----.\-.. OF CAPE GIRARDEAU iii NEW ENTRANCE \ Al AFTER COMPLETION AND 1 4:, 1 ACCEPTANCE OF NEW ENTRANCE 41 ' 1 .gl NEW DRIVE \ TO \ 1\� j ',e ��,,�- TAANGENTURB OF EXISTINGW 50.-0" P.O.W. \\ `:,\\ j CURVE. PROVIDE CURB \ ., \ TO MATCH EXISTING CURB LEGEND \\ \\`,/r1 / PAVED CONSTRUCTION PROVIDED BY \ • MID-AMERICA HOTELS (MAH)--2 LANE 1 CONNECT NEW DRIVE TO LAND PARCEL TO BE CONVEYED TO �` EXISTING PARKING LOT ® MAH PER AGREEMENT Q CURB TO BE REMOVED BY LAND PARCEL TO BE CONVEYED MAH ® TO STATE OF MISSOURI • PER AGREEMENT •ek; DRIVEWAY TO BE REMOVED 41 \ • Exhibit B SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] HOUSE SUBSTITUTE FOR , SENATE BILL NO. 825 84TH GENERAL ASSEMBLY AN ACT ' To authorize the director of the department of natural resources to convey certain property. Be it enacted by the General Assembly of the State of Missouri,as follows: Section 1. 1. The director of the department of natural 2 resources is hereby authorized and empowered to grant and 3 convey certain land in Laclede County and which comprise 4 a portion of Bennett Spring State Park to the Bennett Spring 5 fire protection district. The land to be conveyed is more 6 particularly described as follows: 7 All of that part of Lot 7 of the Northeast Quarter of 8 Section 6, Township 34 North, Range 17 West of the 9 Fifth Principal Meridian, Laclede County, Missouri 10 described as follows: 11 Commencing at an aluminum monument at the 12 Southeast corner of said Lot 7,measure S88°50'30"W, 13 along and with the South line of said Lot 7,a distance 3.B. 825 2 H.S.S.B. 825 3 of 847.40 feet; thence N01°28'10"E, parallel with the 49 survey performed by Darrell D. Pratte, L.S. 2126. East line of said Lot 7, a distance of 1,221.48 feet to 50 during January, 1988. 3 a 5/8" rebar at the point of beginning; thence 51 3. The form of the instrument of conveyance shall be N66°17'00"W,adistance of 116.74 feet to a 5/8"rebar; 52 approved by the attorney general and may contain such thence S60°23'15"W,a distance of 124.68 feet to a 5/8" 53 provisions as the director of the department of natural rebar;thence S43°49'55"W,a distance of 150.00 feet to 54 resources deems appropriate to protect the surrounding ) a 5/8" rebar on the Northerly right-of-way line 55 state park land. of Missouri State. Highway Number 64; thence Section 2. 1. The governor of the state of Missouri is 3 S53°22'50"E,along and with said right-of-way line,a 2 hereby authorized to give, grant and convey certain real 3 distance of 22.18 feet to a 5/8" rebar; thence 3 property owned by the state and located in Cape Girardeau 4 N43°49'55"E,a distance of 155.27 feet to a 5/8"rebar; 4 County,comprising a portion of the grounds adjacent to the thence S66°17'00"E,a distance of 167.77 feet to a 5/8" 5 Southeast Missouri Veteran's Home to Mid-America 3 rebar;thence N23°43'00"E,a distance of 100.00 feet to 6 Hotels,Inc.,in exchange for certain real property owned by ▪ the point of beginning and containing 0.43 acres, 7 Mid-America Hotels, Inc., adjacent to the grounds of the • subject to easements, and according to a survey 8 Southeast Missouri Veteran's Home. The purpose of the ) performed by Darrell D. Pratte, L.S. 2126, during 9 exchange is to facilitate construction of highway inter- ) January, 1988. 10 change with Missouri Route 61. t 2. As compensation for this conveyance, the depart- 11 2. The real property to be conveyed is more particularly 2 ment of natural resources shall receive land adjoining 12 described as follows: 3 Bennett Spring State Park and which is more particularly 13 A PART OF SECTION 22, TOWNSHIP 31 4 described as follows: 14 NORTH, RANGE 13 EAST OF THE FIFTH All of that part of Lot 6 of the Northeast Quarter of 15 PRINCIPAL MERIDIAN, COUNTY OF CAPE 3 Section 6,Township 34 North,Range 17 West of the 16 GIRARDEAU,STATE OF MISSOURI,Commencing 7 fifth Principal Meridian, Laclede County, Missouri 17 at the Southwest corner of Section 22;Thence S 88° g described as follows: 18 06'57"E, 1545.91 feet along the South line of Section 3 Commencing at an aluminum monument at the 19 22 to the East right of way line of Interstate Route 55; ) Southwest corner of said Lot 6,measure N88°31'35"E, 20 Thence along the East right of way line of Interstate 1 along and withthe South line of said Lot 6,a distance 21 Route 55 the following courses and distances: 2 of 454.00 feet to a 5/8" rebar; thence N36°24`10"W. a 22 N 21° 45'00" W,600.57 feet to a right of way marker; .3 distance of 277.79 feet to a 5/8" rebar; thence 23 Thence N 19°55'45"W,595.96 feet to the intersection 4 N56°06'00"W,a distance of 341.05 feet to a 5/8"rebar 24 of the North line of a tract of land as recorded in the on the West line of said Lot 6; thence S00°47'45"W, 25 land records of the County Recorders Office in Book 3 along and with the West line of said Lot 6,a distance 26 452, Page 71; Thence leaving said right of way line. --, of d25 59 fpattnthannint of havinnincr anti rnntainincr 2% N AR° Ma' I VP t• 'm") OG t,.,.a ..'-----. •"-_ -'- '- • 29 continuing along the North line of said tract the 644. The instrument of conveyence shall contain sudh 30 following courses and distances: N 48° 08' 11" E, 65 restrictions as are deemed necessary to protect the interests. 31 85.05 feet; Thence N 89° 19' 06" E, 216.65 feet to the66 of the state and shall be approved as to form by the attorney 32 West right of way line of Missouri State Route 61; 67 general. 33 Thence S 59°31'35"E,85.84 feet along the West right 34 of way line of Missouri State Route 61;Thence S 30° ✓ 35 30'35"W,13.55 feet;Thence S 89° 19'06"W,347.09 feet 36 to the point of beginning containing 16,366 square 37 feet (0.376 acres) more or less and being subject to 38 any easements of record. 39 3. The real property to be received in consideration of 40 the conveyance is particularly described as follows: 41 A PART OF SECTION 22, TOWNSHIP 31 42 NORTH, RANGE 13 EAST OF THE. FIFTH 43 PRINCIPAL MERIDIAN, COUNTY OF CAPE 44 GIRARDEAU,STATE OF MISSOURI,Commencing 45 at the Southwest corner of Section 22;Thence S 88° 46 06'57"E,1545.91 feet along the South line of Section 47 22 to the East right of way line of Interstate Route 55; 48 Thence along the East right of way line of Interstate 49 Route 55 the following courses and distances: 50 N 21° 45' 00"W,600.57 feet to a right of way marker; 51 Thence N 19°55'45"W,595.96 feet to the intersection 52 of the North line of a tract of land as recorded in the 53 land records of the County Recorders Office in Book 54 452, Page 71, being the true point of beginning; 55 Thence continuing along the East right of way line of 56 Interstate Route 55 N 19° 55' 45" W,9969 feet; thence 57 leaving said right of way N 64°24'50"E,329.94 feet to 58 the North line of the tract of land in the above 59 described Book and Page; Thence S 48° 08' 11" W, 60 353.95 feet along said North line to the point of 61 beginning containing 16,366 square feet(0.376 acres) 62 more or less and being subject to any easements of 63 record. • .+e t Exhibit C LEGAL DESCRIPTION TRACT "A" A PART OF SECTION 22 , TOWNSHIP 31 NORTH , RANGE 13 EAST OF • THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : Colanencing At the Southwest corner of Section 22 ; Thence S Oh ' 57" E, 1545 . 91 feet along the South line o:: Section 22 to the East rietit of way line of Interstate Route 55 ; Tnenca alone; the East ri;tic of way line of Interstate Route 55 the following; courses and distances : U 210 45 ' Ota" 1), 1338. 03 feet to a right of way marker; Thence N 2u° 47 ' 45" W, 600. 57 feet to a right of way marker ; Thence U 19° 55 ' 45" W , 595 . 96 feet to the intersection of the North line of a tract of land as recorded in the land records of the County Recorders Office in Book 452 , Page 71 , being the true point of beginning; Thence continuing along the East right of tray line of Interstate Route 55, N 19° 55 ' 45" W„ 99 .60 99 .69 feet ; Thence W 640 24 ' 50" E, 329 .94 feet to the North line of the tract of land in the above described Book and Page ; Thence S 4710 U:l ' 11 " 1!, 353 .95 feet along said .North line to the point of beginning containing 16 , 366 square feet (1) . 376 acres) more or less and being subject to any easements of record , if any. LEGAL DESCRIPTION TRACT "B" A PART OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Southwest corner of Section 22 ; Thence S W1° 06 ' 57" E, 1545 . 91 feet along the South line of Section 22 to the East right of way line of Interstate Route 55 ; Thence along the East right of way line of Interstate Route 55 the following courses and distances : N 210 45 ' 00" W, 133k .O3 feet to a right of way marker ; Thence N 200 47 ' 45" W, 600 . 57 feet to a right of way marker ; Thence N 19° 55 ' 45" W, 595 . 96 feet to the North line of a tract of land us recorded in the land records of the County Recorders Office in Book 452 , Page 71 ; Thence N 480 08 ' 11" E, 353 .95 feet along the North line of said tract to the true point. of beginning; Thence continuing along the North line of said tract the following courses and distances : N 43° OR ' 11" E , 85 .05 feet ; Thence N 39° 19 ' 06" E, 216 . 65 feet to the West right of way line of Missouri State Route 61 ; Thence S 59° 31 ' 35" E, 85 . 84 feet along the %lest right of way line of Missouri State Route 61 ; Thence S 300 30 ' 35" W , 13 . 55 feet ; Thence S :39° 19 ' 06" W, 347 .09 feet to the • point of beginning containing 16 , 366 square feet (0 . 376 acres) • more or less and being subject to any easements of record , if any.. .ter 'E EXHIBIT D Requirements for Fill Placement and Grass Seeding I. Ground Surface Preparation A. Remove vegetation, debris, unsatisfactory soil materials, and deleterious materials from the ground prior to placing fills. All surfaces to receive fill shall be scarified to a minimum depth of 6" and recompacted to bond the fill material to the existing surface. B. When existing ground surface has less than 90% compaction, repair the ground surface until 90% compaction is reached, prior to placement fill. II. Placement and Compaction A. Place fill materials in layers not more than 8" in loose depth for material compacted by heavy equipment, and not more than 4" in loose depth for material compacted by hand-operated tampers. B. Moisten or aerate each layer prior to compaction. Compact each layer to 90% compaction. Do not place fill materials on surfaces that are muddy, frozen or contain frost or ice. III. Soil Amendments A. Provide fertilizer with a rate of 1 pound. of actual nitrogen per 1000 square feet and not less than 4% phosphoric acid and 2% potassium. B. Provide decomposed peat humus with no identifiable fibers and a ph range for suitable use. Apply 1 part of peat humus per 6 parts of topsoil by volume. C. Provide natural dolomitic limestone containing not less than 85% of total carbonates with a minimum of 30% carbonates, ground so not less than 90% passes through a 10-mesh sieve, and not less than 50% passes through a 100-mesh sieve. IV. Grass Seed A. Provide fresh, clean, new-crop seed with 98% purity and 85%-90% germination. Provide a mixture of 40% A-34 Kentucky Blue Grass, 40% Baron Kentucky Blue Grass, and 20% Manhattan Rye Grass. V. Preparation for Planting Grass A. Loosen subgrade of lawn areas to a minimum depth of 4". Remove stones over 1-1/2" in any dimension, 'f sticks, roots and other deleterious matter. Fine grade to smooth, even surface with loose, uniformly fine texture. B. Add the specified soil amendments and mix thoroughly into the top 4" of soil. Provide not less than 160 pounds of lime per 1000 square feet. VI. Seeding A. Do not use wet, moldy or damaged seeds. B. Sow seed using a spreader or seeding machine. Do not seed when wind velocity exceeds 5 mph. Distribute seed evenly over entire area. Sow in 2 directions perpendicular to each other. Amount of seed per square feet varies with brand. Refer to package instructions and guidelines. C. Rake seed lightly into the top 1/8" of soil, roll lightly, and water with a fine spray. D. Protect seeded area by spreading 1-1/2" minimum loose measurement of straw over seeded areas. Spread uniformly to form a continuous blanket. VII. Care and Maintenance A. Maintain seeded lawns until a full lawn grows or shows signs of a complete blanket growth. Once this condition is met, the care and maintenance will be taken over by the Missouri Veterans' Home, Cape Girardeau. B. Maintain lawns by watering, fertilizing, weeding, mowing, trimming and any other operation necessary to establish acceptable lawns including regrading and replanting. (0898b) .