HomeMy WebLinkAboutRes.3610.06-17-2024 •
BILL NO. 24-63 RESOLUTION NO. tt3� /V
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT TO
PLACE A FENCE ON PROPERTY ADJACENT TO 643
HIGHLAND DRIVE, 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 Eleanor Schuck for
installation of a fence on property adjacent to 643 Highland
Drive, 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 . The officers, agents, and employees
of the City are hereby authorized to execute all documents and
take steps as they deem necessary and advisable to carry out and
perform the purpose of this Resolution.
PASSED AND ADOPTED THIS /74 DAY OF L/ vn , 2024 .
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Stacy Kiner Mayor
ATTEST:
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truce Taylo Deputy City Clerk 4z*Aiiig ti
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eRecorded
DOCUMENT #
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s O��ER 0E3111
�z.e.)G ��+4 ANDREW DAVID BLATTNER
.c N 'i RECORDER OF DEEDS
J . CAPE GIRARDEAU COUNTY, MO
0I �5 eRECORDED ON
— 07/03/2024 09:50:37 AM
8.01
REC FEE: 39.00
RECORDER OF DEEDS
COVER PAGE
Title of Document: License and Indemnity Agreement
for 643 Highland Drive
Date of Document: June, 17, 2024
Grantor(s) Name and Address: City of Cape Girardeau
44 N Lorimier St
Cape Girardeau,MO 63701
Grantee(s) Name and Address: DONNIE R. SHUCK (Deceased on December 3, 2022)
AND ELEANOR R. SHUCK,Widow of Donnie R. Shuck
and now a Single Person
643 Highland Dr
Cape Girardeau,MO 63701
Legal Description:
All of Lot Five (5) and the North part of Lot Four(4) of West Highland Place in Out Lot 37,
U.S.P. Survey 2199 in the City of Cape Girardeau,Missouri, described as follows:
Begin on the west line of Highland Drive at the northeast corner of the property sold to
Burton Gerhardt and Katherine Harris Gerhardt,his wife,by deed dated and acknowledged on
February 28, 1946; thence in a Northerly direction on the west line of Highland Drive 90.05 feet to
the northeast corner of said Lot 5; thence Westerly on the north line of said Lot 5, 160 feet to the
northwest corner of said Lot 5 on the east line of West End Boulevard; thence Southerly on said east
line to the northwest corner of the said property sold said Gerhardt; thence easterly on the north line
of said property sold Gerhardt to the point of beginning on Highland Drive; the property herein
intended to be described being all of said Lots 4 and 5 not heretofore sold to the said Gerhardts by
said Deed of February 28, 1946.
Reference Book&Page: Book 424 at Page 836
LICENSE AND INDEMNITY AGREEMENT
This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered
into by and between DONNIE R. SHUCK (Deceased on December 3, 2022) AND ELEANOR R.
SHUCK, Widow of Donnie R. Shuck and now a Single Person, hereinafter referred to as the
"Licensee", and the CITY OF CAPE GIRARDEAU, a Municipal Corporation organized and existing
under the laws of the State of Missouri, hereinafter referred to as the "City". The Licensee and the
City collectively are hereinafter referred to as the"Parties".
WHEREAS, the Licensee desires to place certain improvements and/or conduct certain
activities in or on public right-of-way or other property owned or controlled by the City, hereinafter
referred to as the"City Property"; and
WHEREAS, the City has prepared this Agreement for the purposes of granting permission to
the Licensee to place said improvements and/or conduct said activities in or on the City Property,
subject to certain conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the Parties do hereby state, acknowledge, and agree as follows:
1. The City hereby grants the Licensee permission for the following improvements and/or
activities: to install, operate, and maintain a Fence cutting diagonally across the North West
End Blvd Right of Way in the rear yard of the property now known as 643 Highland Drive.
The north end of said Fence is to be no further West, breaching into the N. West End Blvd
Right of Way, than the fence line of the adjoining north side neighbor's property, being 689
Highland Drive. The North Side of said Breach of Right of Way Area being approximately 10
to 12 feet wide from the Northwest Corner of the 643 Highland Drive tract of land, being more
fully described in Book 424 at Page 836 in the land records of Cape Girardeau County,
Missouri. Said N West End Blvd Right of Way Breach Area will then taper off in a
Southeasterly direction from the northern side of the Breach Area being 10 to 12 feet in width
to a point at the Southwest corner of said deed. Said Breach Area being a triangular shape. The
Licensee will also hold and maintain the right to install flower beds and or shrubs on the 643
Highland Drive property side(east side) of the approved fence.
2. The Licensee hereby assumes 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 City
Property, which may occur directly or indirectly as a result of the placement of said
improvements and/or the conduct of such activities in or on the City Property.
3. The Licensee hereby releases the City, its officers, employees, agents, servants, and assigns
from any liability resulting from the placement of said improvements and/or the conduct of
such activities in or on the City Property.
4. The Licensee hereby indemnifies and holds harmless the City, its officers, employees, agents,
servants, and assigns from all suits and actions of every name and description brought against
the same, for or on account of any injuries or damages received or sustained by any party or
parties or alleged to be received or sustained by any party or parties that may result directly or
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indirectly from the placement of said improvements and/or the conduct of such activities in or
on the City Property.
5. The Licensee hereby agrees to keep said improvements in a state of good repair and to
cooperate with the City by making necessary repairs as requested by the City so as to protect
and preserve the public health and safety.
6. The Licensee hereby agrees that it will not maintain in or on the City 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 (hereinafter referred to as "RCRA"), hazardous
substances as defined in the Comprehensive Environmental Response Compensation and
Liability Act, as amended (hereinafter referred to as "CERCLA"), and toxic substances as
defined in the Toxic Substances Control Act, as amended (hereinafter referred to as "TSCA").
Any operations in or on the City 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 in or on the City Property that constitutes a violation of
environmental laws or any other laws, regulations, ordinances, statutes, order or decrees of any
governmental body.
7. Neither this Agreement, nor any portion thereof, nor any actions of the City in granting
permission to place said improvements and/or conduct said activities in or on the City Property,
shall be construed to give the Licensee any irrevocable rights with respect thereto. The City
reserves the right to terminate this Agreement and to order the removal of said improvements
and/or the cessation of said activities, at the Licensee's cost, for any reason. In such event, the
Licensee agrees to remove said improvements and/or cease said activities within a reasonable
period of time as determined by the City. Should the Licensee fail to remove said
improvements and/or cease said activities within said period of time, the City shall have the
right to cause said improvements to be removed and/or said activities to be stopped, and any
costs incurred by the City in doing so shall be paid by the Licensee. Should the Licensee fail to
pay the City for said costs,the City shall have the right to issue a special tax bill,which shall be
a lien against the Licensee's property referenced herein.
8. This Agreement shall be a continuing obligation running with the land, and shall bind the
Licensee and any heirs, executors, administrators, successors, assigns, and legal representatives
of the Licensee. This Agreement shall be recorded in the Office of the Recorder of Deeds of
Cape Girardeau County,Missouri, and shall be of record.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on this 1 day of
r1/l , 20 j
Eleanor R. Shuck
�! r,^ 4 (2- ui[ A
Signature
STATE OF ii 4'1) )
) SS.
COUNTY OF i j 1, r `_ )
On this j``1" day of , 20 before me personally appeared
ELEANOR R. SHUCK, a Widowed Sin le erson, who did state that she is the Widow of DONNIE R.
SHUCK (Deceased on December 3, 2022) and that she is the sole surviving owner of 643 Highland
Drive, and that she has executed the foregoing instrument as a free act and deed for the said purposes
therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said
State and County,the date first above written.
otary Public ignature
Lac,/
. peter,_
Notary Public Pri ted Name
My Commission Expires: •
CAROL A.PETERS
NOTARY PUBLIC-NOTARY SEAL.
STATE OF MISSOURI
MY COMMISSION EXPIRES NOVEMBER 19,2024
CAPE GIRARDEAU COUNTY
COMMISSION#12684121
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