HomeMy WebLinkAboutRES.06-18-1969.Contract to Convey Land . . $ r.
A RESOLUTION APPROVING THE FORM OF A CONTRA.CT TO CONVEY
LAND WITH AUTHORITY FOR THE MAYOR TO EXECUTE.
WHEREA.5, the City c�f Cape Girardeau, Missouri, a municipal
jcorporation desires to acquire certain land and
/ WHEREA.S, this land is owned by certain individuals who
desire to convey the City an easement for street purposes
for good and valuable consideration,
NOW, THEREFORE, BE IT RESOLVED �RY THE CITY COUNCIL OF
THE CITY OF CAPE GIRA.RDEAU, MIS50URI;
1. That the contract to convey land which is attached
hereto and marked as "Exhibit A" is approved in form.
2. That the Mayor of the City of Cape Girardeau,Missouri,
is hereby authorized and directed to execute this contract
on behalf of the City of Cape Girardeau, M' ssouri.
PA5SED AND APPROVED THIS �DAY OF -(:�-i�-�-� , 1969 .
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Mayor
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CITY CLERK
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C 0 N T R A C T
THIS AGREEMENT, entered into this day of �
ITY OF CAPE GIRARDEAU. MISSOURI, a
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municipal corporation, FIRST PARTY, and DOROTHY BRAUN SIGMUND `',
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AND CI-iARLOTTE McCRATE, OF CAPE GIRARDEAU, MISSOURI, AND i
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CATHERINE BRAUN JORDAN OF NASHVILLE, TENNE55EE, SECOND PARTY. ,,,,. . :,
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wherein it is agreed as follows: ;.`:�.;'`;
1. That the First Party in consideration of Second Party's
conveying to First Party certain land described herein will �
construct a road through the land of Second Party in Outlot # ' "�;�
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45 so as to connect with an existing road on the following t'�` '�:`
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described property: �
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Part of Outlot No. 45, in U. S.P. 5urvey No. 2199
in the City and County of Cape Girardeau, Missouri, ,, .,;
described as follows: ° `"
5tart at the northwest corner of a tract of land � ?�,
described in a Warranty Deed as same is recorded ;;;,',,;
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in Book 224 at page 537, in the land records of ,
Missouri, which tract shall �s���,��;�;°
Cape Girardeau County, r;;:
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be referred to as the "Braun Tract" ; thence sout
along the west line oflaa�daB�au�henceteast along '� �'
southwest corner of sa €��`.-'
the south line of said Braun Tract to a point, said ;..,:
point being 60 feet east of the eas.t line of an
easement for 5ewer District No. 5, as recordedcords �;ti°�
Book 78, at pages 81, 82 and 83 in the land re L::.
of Cape Girardeau County, Missouri, measured perpendi- ,. .r�
cular to said easement line; thence in a northeasterly ,,z'
direction, parallel to and 60 feet east of said ease- `,,,,
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ment line to a point at the intersection with a line ,...,
drawn parallel to and 50 feet east of the east line �,,;'
of Henderson Avenue as said Henderson Avenue exists e,;,;
north of College Street; thence north parallel to the E::';
said east line of Henderson Avenue to the north line ��j,;
of Outlot No. 45; thence west along the said north �,�;,,
line of Outlot No. 45, to the point of beginning, .ex- ,
cepting therefrom the land heretofore conveyed to the ��„;
City of Cape Girardeau, Missouri, for the widening ,,,
of College Street, as same is decribed inaaeQ23t and land �
Claim Deed and recorded in Book 151, at p g �,�
previously conveyed to the City of Cape Girardeau, �;;
Missouri, by deed recorded in Book 220 at page 463, for �;.
purpose of building Grit Removal Station, in the land '�
records of Cape Girardeau County, Missouri, all as �;
shown on a "Plat 5ho�ring Proposed Right-of-Way for �
the extension of Hen derson Avenue thru Outlot 45, in �
U. S. P. S. No. 2199 , Cape Girardeau, Missouri, recorded �L
in Plat Book No. 7 at Page 24 in the land records of F
Cape Girardeau County, Missouri. �
All that part of the follo�ring described tracts in �
Outlot No. 45, lying within the limits of the right- �
of-way, the boundaries of which are as shown on the
"Plat showing Proposed Right-of-Way for the Extension
of Henderson Avenue thru Outlot No. 45, in U. S. P• S•
No. 2199 , Cape Girardeau, Missouri,
" as said plat is
shown in Plat Book No. 7 at Page 24, in the land
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records of Cape Girardeau County, Missouri: �i�
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The tracts as described in deeds recorded in f�.'
Book 117 at page 613, and in Book 77 at page !;`+
19 , in the land records for Cape Girardeau f;=
County, Missouri. '''
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2. That in consideration of One Dollar ($1.OQ) the t�
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receipt of which is hereby acknowledged and in consideration �i
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of the First Party building a road on the described land and '�
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extending this road so as to connect to an existing road, the
Second Party will convey for road purposes to the First Party, :�'
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the land described above in Paragraph 1 hereof. �
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3. That the First Party will have 2 years to develop
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the alignment for this proposed road and to secure the necessary '`'
right-of-way and complete the construction. �!`
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4. That during this 2 year period, the Eirst Party will �:
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have access to its Grit Station and will have permission to
run utility lines on the described land above in Paragraph 1 t��.
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hereof. �
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5. That the deeds called for by this contract subscribed �!
and acknowledged by the Second Party are herewith deposited in �:;
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escrow with Mike McCrate of Gape Girardeau, Missouri, to be `'
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held by him and delivered to the First Party at the time First r�
Party complies with the terms and conditions of this contract. �':
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6. Upon the failure of the First Party to develop the �
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proposed road within the required time, the deeds will be a
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returned to 5econd Party and the City will be required to �:
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remove all utility lines at its expense. �
7. This agreement shall be binding upon the parties, �j
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their executors, administrators, heirs, successors or assigns. ;;
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IN t�1ITNESS ��iHEREOF, the parties have hereto affixed their �.
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signatures the day and year first above written. "
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CITY OF CAPE GIRARDEAU, MISSOURI i'
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City Cler FIR5T PARTY `
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Dorot y Braun Sigmun j;':
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C ar otte McCrate µ
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Catherine Braun Jordan �
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SECOND PARTY �
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STATE OF MIS50URI ) t`'
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COUNTY OF CAPE GIRARDEAU) �
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Before me personally appeared Dorothy Braun 5igmund and �
Charlotte McCrate, to me known to be the persons described in �
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and who acknowledged to me that they executed the foregoing �
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instrument of their own free act and �rill. , �
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IN WITNES5 WHEROF, I have placed my signature and affixed ��
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my official seal in my office in Cape Girardeau, Missouri, this �
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day of , 1969 . �'
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My Commission expires ,r {
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Notary Public F
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S.TATE OF TENNESSEE ) '
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COUNTY OF ) C
Before me personally appeared Catherine Braun Jordan, to �
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me known to be the person described in and wlzo acknowledged to ;
me that she executed the foregoing instrument of her free act �
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and will. '
IN WITNES5 WHEREQF, I have hereto affixed my signature �
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and affixed my official seal in my office in Nashville, „?
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Tennessee, this day of , 1969 . �
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My commission expires ;,
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. Notary Public P
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STATE OF MI550URI ) ;-
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COUNTY OF CAPE GIRARDEAU)
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On this day of , 1969, before me �
appeared Ivan L. Irvin, to me personally known, who did upon
his oath state that he is the Mayor of the City of Cape Girardeau �
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Missouri; that the seal affixed to the foregoing instrument is a
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the seal of the City of Cape Girardeau, Missouri, that said j'
instrument was signed and sealed in behalf of said City by
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authori f �
ty o the said City Council of the City of Cape Girardeau,
Missouri, made and granted at a regular meeting held on the
day of , 1969; and the said mayor �
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acknowledged said instrument to be the free act and deed of �
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the said City Council for the City of Cape Girardeau, Missouri.
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IN TE5TIMONY WHEREOF, I have hereunto set my hand and 4
affixed my official seal at my office in Cape Girardeau, Missouri,
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the day and year firs�t above written. �
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My commission expires `�
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