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HomeMy WebLinkAboutRes.3588.12-18-2023 BILL NO. 23-190 RESOLUTION NO. a A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT TO PLACE CERTAIN IMPROVEMENTS IN A UTILITY EASEMENT ALONG PROPERTY LOCATED AT 2930 PINE HILL SPUR, 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 License and Indemnity Agreement with Robert and Judith Cecich, Trustees of the Robert A. Cecich Revocable Living Trust u/t/a dated February 7, 1991, to place certain improvements in a Utility Easement along the south line of the property at 2930 Pine Hill Spur, in the City of Cape Girardeau, Missouri . The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, with such changes or amendments as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS 'g DAY OF OeepAu. r , 2023 . StacyKind r, a or ATTEST: ail, II de6tAtAd Gayl4IL. Conrad, City Clerk ",.., .41,, ,,,,,, -- %, , ,'-*,. Title of Document: Date of Document: Grantor(s) Name & Address: RECORDER OF DEEDS COVER PAGE eRecorded DOCUMENT # 2023-10450 DAVIDANDREW BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED 12/28/2023 01:29:38 PM REC FEE: • 00 PAGES: 6 License and Indemnity Agreement 2930 Pine Hill Spur 12-21-2023 City of Cape Girardeau 44 N Lorimier St Cape Girardeau, MO 63701 Grantee(s) Name & Address: Robert Cecich and Judith Cecich, Trustees of the Robert A. Cecich Revocable Living Trust u/t/a dated February 7, 1991 2930 Pine Hill Spur Cape Girardeau, MO 63701 Legal Description: All that part of a Utility Easement along the South Lot Line of Lot 216 of a subdivision record plat known as Resubdivision of Lots 69, 70, 71, 72, and 73 of Walden Park Phase 2 — Amended which is recorded in Document No. 2013-00817 in the land records of Cape Girardeau County, Missouri. Reference Book & Page, if Required: Doc # 2022-07013 LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Robert Cecich and Judith Cecich, Trustees of the Robert A. Cecich Revocable Living Trust u/t/a dated February 7, 1991, hereinafter known as "Licensee", permission to place certain improvements and conduct certain activities on City property which is located at 2930 Pine Hill Spur in the City and County of Cape Girardeau, Missouri, the parties hereto state as follows: 1. The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to place certain improvements to -wit: To construct and maintain a Deck in the backyard of their residence that will encroach approximately 1 to 2 feet into a 5 foot wide Public Utility Easement existing along the South Lot Line of the property known as 2930 Pine Hill Spur. Said property is Lot 216 of a subdivision record plat known as Resubdivision of Lots 69, 70, 71, 72, and 73 of Walden Park Phase 2 —Amended which is recorded in Document No. 2013-00817 in the land records of Cape Girardeau County, Missouri. 2. Licensee, it's successors and assigns all agree as follows: A. That they will assume all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses or leaves the aforementioned property, which may occur directly or indirectly from the placing of said improvements or the conduct of such activities on City property. B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from the placing or use of such improvements or the conduct of such activities. C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any parties or alleged to be received or sustained by any parties or party which may result directly or indirectly from the placing or use of said improvements or the conduct of such activities on City property. D. That they will keep and maintain said improvements which are placed on the City property in a state of good repair and will cooperate with the City by making necessary repairs as requested by the City so as to protect the health and safety of the Citizens. E. That they will not maintain on the property any hazardous or toxic waste or substances, as defined under all applicable federal, state and local environmental laws, including, but not limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic substances as defined in the Toxic Substances Control Act as amended ("TSCA"). Any operations on the property shall not be in violation of any laws, regulations, ordinances, statutes, orders or decrees of any governmental body, arbitration tribunal or court, including, without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be no conduct of business on the property which constitutes a violation of Environmental Laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. F. Nothing in this agreement or actions of the City in granting permission to place said improvements or conduct of such activities on the described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property. The City Council reserves the right for the City Manager to terminate this agreement and to order the removal of said improvements and/or the cessation of said activities in the future at the cost of Licensee, it's successors and assigns, for any reason. In such event, Licensee, it's successors and assigns, agree to remove said improvements and to cease such activities within thirty (30) days of notice. Should Licensee, it's successors or assigns fail to comply with any of the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or alterations deemed necessary by the City of Cape Girardeau by giving Licensee, it's successors or assigns, thirty (30) days' notice and such persons, successors or assigns hereby agree that they will pay for any costs incurred by the City for such repairs or alterations. If the Licensee fails to pay for any costs incurred by the City for such repairs or alterations, in addition to any other remedies the City may have, the City may also issue tax bills which shall become a lien against the land owned by the Licensee. 3. This license and the covenants herein contained shall run with the land and inure to and be binding upon the successors and assigns of the respective parties. Signature Pages to Follow IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this J S f day of �a w r , 20,22 ) ATTEST: //J Limey e t • ConS't�C--�, -Drt�-City Clerk STATE OF MISSOURI Dr. Ke i leth z"Gity J. i..ager 2tr;, COUNTY OF CAPE GIRARDEAU )�'� r On this `"'day of , 2 , before me -pear d X. Kenneth Haskin, City Manager, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. My ,nlissio Expires: AL-nam,u rY �al� ot:;,ry .Seat ova-Jon�—std •� �It .....':>r, - il: `trio G2 -a Td. _L LI iG3CS: dt1 r 3/3/2026 otary Printed Name 2tr;, COUNTY OF CAPE GIRARDEAU )�'� r On this `"'day of , 2 , before me -pear d X. Kenneth Haskin, City Manager, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. My ,nlissio Expires: AL-nam,u rY �al� ot:;,ry .Seat ova-Jon�—std •� �It .....':>r, - il: `trio G2 -a Td. _L LI iG3CS: dt1 r 3/3/2026 otary Printed Name III IN WITNESS WHEREOF, the undersigned has executed this easement on this day of 20 Robert Robert A. Cecich Revocable Living Trust u/t/a dated February 7, 1991 Robert Cecich, Trustee by ���G�t �J Judith Cecich, Trustee STATE OF ( 0q rri COUNTY OF art �fl �f f ) ss BE IT REMEMBERED, on this 0 —day of j' erd'wt,- , 201-3, before me personally appeared Robert Cecich and Judith Cecich, Trustees of the Robert A. Cecich Revocable Living Trust u/t/a dated February 7, 1991, known by me to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as the free act and deed of said Trust. IN WITNESS WHEREOF, I have hereunto set my hW8 and affixed my official seal, the date last above written. KRISTINA A JOHNSON Notary Public - Notary Seal Cape Girardeau County - State of Missouri Commission Number 19074892 Notar Public Signature My Commission Expires May 30, 2027 kil"'t, Notary Public Printed Name mho mhoommission Expires: m 0, MZ— CITYO 0 1 R A R D E A U 2930 Area of Interest for L & Residential Structures L & I for 2930 Pine Hill Spur 2926 Easements Parcel LEGEND 020 40 Feet I i i 1:278 Date: 12/9/2023 r.irr t,- raar r iFeanrmi Layers prowled by NC e ity of Cape Created by'. Development Services Girardear are to be used for "'ual �d only Teresa Hedner Allance Water Resources and are no t gaurant.d to be a¢—u, Data Source(s ). '[hese layers are not tobeusedforany City of Cape Girardeau Government MO engneehngordagnpuryose.