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HomeMy WebLinkAbout03-17-14 RegularHarry E. Rediger, Mayor John Voss, Ward I Meg Davis, Ward 2 Trent Summers, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Wayne Bowen, Ward 6 March 17, 2014 Study Session 5:00 PM Items for Discussion • Planning and Zoning Commission Report • Appearances regarding items not on the agenda • Agenda review • Tangible Results - Major Construction Projects No action will be taken during the study session Closed Session Items for Discussion City Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org • Legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), (2) and (3). The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). Regular Session 7:00 PM Invocation Leonard Cook, St. John the Theologian Orthodox Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations Communications/Reports • City Manager • City Council Public Hearings Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. • Items listed on the agenda Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 1. Approval of the March 3 2014, Citv Council reaular and closed sessions meeting minutes. 2. BILL NO. 14-29, an Ordinance accepting a Permanent Sanitary Sewer Easement from Saint Francis Medical Center, for property located at 211 Saint Francis Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. 3. BIL.,L. NO. 14-30, an Ordinance accepting a Permanent Sanitary Sewer Easement from U.S. Bank National Association, for property located at 3060 William Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 14-35, an Ordinance appropriating funds for the construction of the Safe Routes to School 2008 roiect for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 14-38, a Resolution calling for a public hearing to consider the proposed Downtown Cape Girardeau Community Improvement District, directing the City Clerk to give notice of such public hearing; and other related matters. Reading and Passage. 6. BILL NO. 14-39, a Resolution authorizing the City Manager to execute an Agreement with the Salvation Army, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. Reading and Passage, 7. BILL, NO. 14-40, a Resolution authorizing the City Manager to execute an Agreement with. the Invocation Leonard Cook, St. John the Theologian Orthodox Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations Communications/Reports • City Manager • City Council Public Hearings Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. • Items listed on the agenda Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 1. Approval of the March 3, 2014, City Council regular and closed sessions meeting minutes. 2. BILL NO. 14-29, an Ordinance accepting a Permanent Sanitary Sewer Easement from Saint Francis Medical Center, for property located at 211 Saint Francis Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. 3. BILL NO. 14-30, an Ordinance accepting a Permanent Sanitary Sewer Easement from U.S. Bank National Association, for property located at 3060 William Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 14-35, an Ordinance appropriating funds for the construction of the Safe Routes to School 2008 project for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 14-38, a Resolution calling for a public hearing to consider the proposed Downtown Cape 6. BILL NO. 14-39, a Resolution authorizing the City Manager to execute an Agreement with the Salvation Army, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. Reading and Passage. 7. BILL NO. 14-40, a Resolution authorizing the City Manager to execute an Agreement with the Community Caring Council, for Emergency Solution Grant Funds from the Missouri Housing Development Commission. Reading and Passage. 8. BILL NO. 14-41, a Resolution authorizing the City Manager to execute an Agreement with the Catholic Charities of Southern Missouri for Emergency Solution Grant Funds from the Missouri Housing Development Commission. Reading and Passage. Items Removed from Consent Agenda New Ordinances 9. BILL NO. 14-36. an Ordinance accenting a Permanent Utilitv Easement from RR Familv LLC. for property located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri. First Reading 10. BILL NO. 14-37, an Ordinance accepting a Permanent Sanitary Sewer Easement from Charles L. Drury Revocable Trust Dated March 6. 1989, for property located on Percy Drive, in the City of Cape Girardeau, Missouri. First Reading. 11. BILL NO. 14-42, an Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights-of-Wayfrom various property owners, for the West End Boulevard - Linden Street to Jefferson Avenue Project, in the City of Cape Girardeau, Missouri. First Reading. 12. BILL NO. 14-43, an Ordinance authorizing the acquisition of Temporary Construction Easements and rights-of-way from various property owners, for the Safe Routes to School - 2011 Project, in the City of Cape Girardeau, Missouri. First Reading. 13. BILL NO. 14-44, an Ordinance authorizing the acquisition of a Temporary Construction Easement and Right -of -Way for the Kingsway Sidewalk Project, in the City of Cape Girardeau, Missouri. First Reading. 14. BILL NO. 14-45, an Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Right -of -Way for the Walnut Street Project, in the City of Cape Girardeau, Missouri. First Reading. Appointments 15. ADDointment of Citv of Cane Girardeau/Midmerica Hotels Cornoration Feasibilitv Studv Joint Committee 16. Appointment to the Historic Preservation Commission 17. Appointments to the Tax Increment Financing Commission 18. ADDointments to the Town Plaza Communitv ImDrovement District Board of Directors Other Business Meeting Adjournment Memos • ADDointment to the Girardeau Goes Green Advisory Board Advisory Board Minutes • Parks and Recreation Advisory Board - February 10, 2014 SEMPO Technical Planning Committee - February 10, 2014 Cape Girardeau Area Chamber of Commerce - March 4. 2014 Tangible Result: Major Construction Projects Champion: Casey Brunke Submitted: March 3, 2014 DataforMonthof: Second Quarter 13-1 Current overall Rating of this Result: Future State (if we do not change our strategy, I the future result look like?) The Cape RockMowell Street Drainage Improvements were completed this quarter. Construction costs were 25% above the original bid price due to installing concrete wing walls at the Cape Rock bridge instead of rock, replacing an additional 150 ft of Cape Rock Drive, and rerouting a sanitary sewer. It is important to note that even though construction costs came in higher, the project was still under the overall budget. Construction was completed within the specified contract time bringing the overall running total to 96 days. YELLOW Measures with desired trend and ultimate goal I benchmark Measure Desired Trend Goal ScopeChangeOrders Contracts Total decrease 5% Engineering decrease 5% Consduction decrease 5% Implementation Plan(Green=Task On TimelAhead- -Red=Task Late -X=Completion Date) Milestone Dates # Leader Tasks July Aug Sept Do Nav Dec Jai Fm Mar Apr Mry Jure SChatlute 1 CBrunke Update Front EndDocumentsQ.a. General Contlitions, Supplemental Contlitions, etc) X Total Engineering decrease decrease completed<100 days/project completetl<100days/project 2 C Brunke Tweak Standards and Specifications now that we have been using them lora few years. X Construction decrease completed <100 days/project 3 C Brunke Update Development Procedures Manual X 4 CBrunke Update City Development Code Chapter 25 X trent State (should be Descriptive antllor Visual) for each measure Measure Oct Nov Dec Curren[ (Run Total) . Trend Progress Rating/Comment Red Yell Green Contracts- Cost Changes Total 25% NA NA 9% steady no X Engineering NA NA NA NA ,eaoy no X Construction 25% NA NA 9% ,eaoy no X SchadWe Total 0 NA NA 96 decrease yes Engineering NA NA NA NA ,eaoy no X Construction 0 NA NA 96 decrease yes Outcome Measures Measure Current After lm lementation Contract Cost Changes 9 % <5 % Schedule 11 <100 days Tangible Result: Major Construction Projects Champion: Casey Brunke Submitted: March 3, 2014 DataforMonthof: First Quarter 13-14 Current overall Rating of this Result: Future State (if we do not change our strategy, re result look like?) The Broadway Corridor Enhancement and Nash Road Railroad Crossing projects was closed out this quarter. Approved change orders for the project were 11% above the original contract amount. This higher change order amount is contributed to adding 17 decorative crosswalks in the downtown area to the contract and unexpected field conditions along the Broadway Corridor. The project was completed within the specified contract days decreasing the overall schedule by 7 days. The Broadway Corridor Enhancement project was an Engineering task orderpmject. Because this is the first task cased out, the data is skewed, but this project . a good one start with.sThe c of completed YELLOW d contract time nt for the design within the specified contract time and did not exceed the agreed contract price. The Total contract and schedule for the Current Running Total will be updated when more data is available. Measures with desired trend and ultimate goal / benchmark Measure Desired Trend Goal ScopeChangeOrders Contracts Total decrease 5% Engineering decrease 5% Consduction decrease 5% Implementation Plan(Green=Task On TimelAhead- -Red=Task Late -X=Completion Date) Milestone Dates # Leader Tasks July Aug Sept Ort Nw Dec Jai Fm Mar Apr Mry June SChadWe 1 C Brunke Update Front End Documents d a. General Contlitions, Supplemental Contlitions, etc) ) Total Engineering decrease decrease completed <100 dayslpruject completed <100 tleys/pm 2 C Brunke Tweak Standards and Specifications now that we have been using them lora few years. Construction decrease completed <100 dayslpruject Cument State (should be Descriptive andlor Visual) for each measure Measure Jul Aug Sep Curren[ (Run Total) . Trend Progress Rating/Comment Red Yell Green Contracts- Cost Changes Total NA 11% NA 8% steady no X Engineering NA 0% NA NA steady no X Construction NA 11% NA 8% steady no X Schedule Total NA 0 NA 102 decrease yes Engineering NA 0 NA NA steady no X Construction NA 0 NA 102 decrease yes Outcome Measures Measure Current After lm lementation Contract Cost Changes 891' % <5 % Schedule 102 <100 days Tangible Result: Major Construction Projects Champion: Casey Brunke Submitted: March 3, 2014 DataforMonthof: Fourth Quarter 12-13 Current overall Rating of this Result: Future State (if we do not change our strategy, what will the future result look like?) The Wayfinding Signage project was the single project closed out this quarter. Approved change orders for the project were 7% above the original contract amount, however, the overall construction cost changes remained steady at 8%. The project was completed within the specified contract days decreasing the overall schedule by 11 days. Engineering cost changes and schedule remained steady since the Wayfinding Signage project was not a task orderproject. YELLOW Measures with desired trend and ultimate goal / benchmark Measure Desired Trend Goal ScopeChangeOrders Contracts Total decrease 5% Engineering decrease 5% Consduction decrease 5% Implementation Plan(Green=Task On TimelAhead- -Red=Task Late -X=Completion Date) Milestone Dates # Leader Tasks July Aug Sept Ort Nw Dec Jai Fm Mar Fpr Mry June SChadWe 1 C Brunka Update Front End Documents d a. General Contlitions, Supplemental Contlitions, etc) X Total Engineering decrease decrease completed <100 dayslpruject completed<100days/project 2 C Brunka Tweak Standards and Specifications now that we have been using them lora couple years. X Construction decrease completed <100 dayslpruject Cument State (should be Descriptive andlor Visual) for each measure Measure Apr May Jun Curren[ (Run Total) . Trend Progress Rating/Comment Red Yell Green Contracts- Cost Changes Total ]% NO NO 8% steady no X Engineering NO NO NO NO steady no X Construction I% NO NO 8% steady no X Schedule Total 0 NO NO 109 decrease yes Engineering NO NO NO NO steady no X Construction 0 NO NO 109 decrease yes Outcome Measures Measure Current After lm lementation Contract Cost Changes 891, <5% Schedule <100 days 109 Tangible Result: Major Construction Projects Champion: Casey Brunke Submitted: March 3, 2014 Data for Month of: Third Quarter 12-13 Current overall Rating of this Result: Future State (if we do not change our strategy, what will the future result look like?) The Floodwall - Themis Street Closure Structure Repair, Water Supply Well Fiber Optics, and 2012 Asphalt Overlay projects were closed out this quarter. Overall the construction contracts trend remained steady at 8% and the construction schedule decreased by 2 days. Engineering contracts and schedule remain steady as these projects were not task order projects. Approved change orders for the Water Well Supply Fiber Optics included a generator for back-up power at the wells. The generator was also liked to Water Plant 2. This explains the higher construction YELLOW contract cost changes. Measures with desired trend and ultimate goal / benchmark Measure Desired Trend Goal ScopeChangeOrders Contracts Total decrease 5% Engineering decrease 5% Consduction decrease 5% Im plementation P Ian(Green=Task On Time/Ahead- -Red=Task Late -X=Completion Date) Milestone Dates # Leader Tasks July Aug Sept Do Nw Dec Jai Fah Mar Apr Mry June SChadWe 1 C Brunka Update Front End Documents d a. General Contlitions, Supplemental Contlitions, etc) X Total Engineering decrease decrease completed <100 dayslpruject completed <100 daysl project 2 C Brunka Tweak Standards and Specifications now that we have been using them lora couple years. X Construction decrease completed <100 dayslpruject _11to (should be Descriptive andlor Visual) for each measure Measure Jan Feb Mar Current (Run. coal) Trend Progress Rating/Comment Red Yell Green Contracts- Cost Changes Total NA 1% 28% 8% steady no X Engineering NA NA NA NA steady no X Construction NA 1% 28% 8% steady no X Schedule Total NA 0 171 120 tlecrease yes Engineering NA NA NA NA steady no X Construction NA 0 171 120 tlecrease yes Outcome Measures Measure Current After lm lementation Contract Cost Changes 891, <5% Schedule <100 days 120 Staff: Gayle L. Conrad, City Clerk Agenda: 3/17/2014 SUBJECT Approval of the March 3, 2014, City Council regular and closed sessions meeting minutes. ATTACHMENTS: Name: Description: ❑ min.03-03-14.0f City Council Regular Session - March 3, 2014 ❑ min. 03-03-14. closed. doc City Council Closed Session - March 3, 2014 Regular March 3, 2014 JJ -23 REGULAR SESSION — MARCH 3, 2014 10111.9 0117.11DF.01110 Confidential communications with legal counsel and personnel matters, pursuant to RSMo. Sections 610.021(1) and (3). A Motion was made by John Voss, Seconded by Mark Lanzotti to convene to closed session. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. INVOCATION City Attorney Eric Cunningham We01IZ11we] 0R\aa0[!1kV[Y01 CA\IDL C/Z/] 14 11 0111 The Cape Girardeau City Council convened in regular session on Monday, March 3, 2014, at 7:00 p.m. with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Meg Davis, Mark Lanzotti, Loretta. Schneider, Trent Summers, and John Voss present. ADOPTION OF THE AGENDA Motion to remove Item #21, appointments to the City of Cape Girardeau/Mid America Hotels Corporation Feasibility Study Joint Committee, and adopt the agenda as amended. A Motion was made by John Voss, Seconded by Trent Summers to approve as amended. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. PRESENTATIONS Mayor Rediger presented a Proclamation to Ms. Allison Leonard, commending the Safe House for Women for providing essential services to women and their children living in Cape Girardeau County, and he thanked them for their service to the community. Housing Coordinator Steve Williams reviewed Emergency Shelter Grant funds awarded to organizations serving the City. Unfortunately, the Safe House was not awarded grant funding this year. However, he commended their work with the City over the past 22 years. Ms. Leonard thanked the City for working with the Safe House for so many years. They will reapply for grant funding next year. Mayor Rediger presented a Proclamation to Fire Chief Rick Ennis and other City department heads, recognizing March 3`"-7`" 2014, as Severe Weather Awareness Week, and he encouraged all citizens to review their response plans to dangerous weather situations. COMMUNICATIONS/REPORTS The Mayor noted that the Police Department will host an open house on March 11", 1411, and 1811 , and he invited the public to tour the Police Station and observe its operations. Regular March 3, 2014 JJ -24 Mayor Rediger congratulated the staff of the Parks and Recreation Department on the success of the Father -Daughter Dance, with over 1000 guests attending. Mr. Bowen said that over 300 guests attended the Old Town Cape Annual Banquet last Thursday. Drs. Bert and Maryann Kellerman were presented with the Judith Ann Crow Residential Historic Rehabilitation Award for their work rehabilitating the Oliver -Leming House, and the Charles L. Hutson Visionary Award, honoring the couple's many rehabilitation projects. Mayor Rediger said that he and City Manager Scott Meyer plan to attend the State award ceremony in Jefferson City, recognizing the Kellerman' contributions. Mr. Meyer commended the Public Works Department for going the extra mile to make Cape Girardeau streets safe for residents to go out during this weather. Mr. Meyer congratulated the Mayor, and his wife, Fran Rediger, who received the 2014 "Friend of the University Award" during a ceremony at Southeast Missouri State University this past weekend. The Friend of the University Award is the highest honor bestowed by the Southeast Missouri University Foundation. PUBLIC HEARINGS A public hearing to consider a request for a Special Use Permit to construct and operate self - storage units at 1354 North Mount Auburn Road. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-333 entitled "C-1 Regulations", and Section 30-401 entitled "Special Use Permits" from the City Code; (2) the application for special use permit; and (3) the application file. Mayor Rediger opened the hearing for public comment. There being no appearances, the hearing was closed. BILL NO. 14-34, an Ordinance granting a Special Use Permit to CZL Investments, LLC, for purposes of constructing and operating self -storage units at 1354 North Mount Auburn Road, in the City and County of Cape Girardeau, Missouri. First Reading. A Motion was made by John Voss, Seconded by Trent Summers to approve. Mr. Lanzotti said that he would like to postpone the first reading of the Ordinance to allow time for City staff to contact the applicant to get additional information requested by the Council. The Ordinance will be placed on a future City Council meeting agenda. A Motion was made by Mark Lanzotti, Seconded by John Voss to postpone. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. APPEARANCES Ms. Patricia Silman, of Melrose Avenue, addressed the Council and said that the last Parks and Recreation/Stormwater sales tax initiative was promoted to citizens citing improvement projects, and the Capital Improvements Program project list for that campaign listed the 2400 block of Melrose Avenue. The 2014-2019 Capital Improvement Program says that the City is doing work in older developed areas where there is stormwater flooding, but no solution has been offered to her neighborhood. Ms. Silman said that she does not intend to file a lawsuit against the City, but asked the Council for help controlling the stormwater flooding of the creek behind Melrose Avenue. Regular March 3, 2014 JJ -25 Mr. Carl Kuntze, of 2424 Glenridge, appeared before the Council and said that he has contacted the 10 neighborhood residents experiencing the stormwater flooding, and no one wants to get involved in litigation. However, he believes that the City is responsible for the flooding because the City installed a pipe that was too small to handle the stormwater drainage. Mr. Kuntze asked the City to remove the pipe and install a bridge, to eliminate the flooding. Ms. Sandy Miller, of 2418 Glenridge, addressed the Council and said that her back yard was also affected by the flooding. She said that she had thought they would see improvements, once the Parks and Recreation/Stormwater sales tax initiative passed, but they have not. Ms. Miller said that she hoped to see a feasibility study for this area, and she wants City engineers to take another look at what else can be done to control the stormwater flooding in their backyards. CONSENT AGENDA Approval of the February 17, 2014, City Council regular and closed sessions meeting minutes. BILL NO. 14-06, an Ordinance allocating monies from the unspent revenues of the Casino Revenue Fund for the fiscal year ending June 30, 2013, and appropriating capital expenditures from the Casino Revenue Fund for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-23, an Ordinance approving the record plat of Galleria Plaza Subdivision. Second and Third Readings. BILL NO. 14-25, an Ordinance accepting a Permanent Utility Easement from Malcolm H. and Patricia M. Montgomery, for property located at 4286 Bloomfield Road, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-27, an Ordinance approving the record plat of Baldwin Place Phase II. Second and Third Readings. BILL NO. 14-28, an Ordinance approving the record plat of Resubdivision of Lots 13, 14 & 16 of Walden Park Phase 1 - Amended. Second and Third Readings. BILL NO. 14-33, a Resolution authorizing the City Manager to execute a Letter of Agreement with Southeast Missouri State University to prepare an Historic Resource Survey, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 14-31, a Resolution adopting the 2014-2019 Capital Improvements Program, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 14-32, a Resolution authorizing the City Manager to execute an Agreement with Lappe Cement Finishing, Inc., for the Safe Routes to School 2008 Project, in the City of Cape Girardeau, Missouri. Reading and Passage. Accept the sanitary sewer main extension to serve Saint Francis Medical Center. Accept the sanitary sewer main extension to serve The Lochs at Dalhousie Phase III. Approve a Partial Release of Escrow Agreement for Walden Park Phase 3. Regular March 3, 2014 JJ -26 BILL NO. 14-06 will be ORDINANCE NO. 4550; BILL NO. 14-23 will be ORDINANCE NO. 4551; BILL NO. 14-25 will be ORDINANCE NO. 4552; BILL NO. 14-27 will be ORDINANCE NO. 4553; BILL NO. 14-28 will be ORDINANCE NO. 4554; BILL NO. 14-33 will be RESOLUTION NO. 2799; BILL NO. 14-31 will be RESOLUTION NO. 2800; and BILL NO. 14- 32 will be RESOLUTION NO. 2801. Mr. Bowen abstained for financial reasons from voting on BILL NO. 14-33, a Resolution authorizing a Letter of Agreement with Southeast Missouri State University to prepare an Historic Resource Survey, because he is employed by the University. A Motion was made by Loretta Schneider, Seconded by Meg Davis to approve and adopt. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. NEW ORDINANCES BILL NO. 14-29, an Ordinance accepting a Permanent Sanitary Sewer Easement from Saint Francis Medical Center, for property located at 211 Saint Francis Drive, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by Mark Lanzotti to approve. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14-30, an Ordinance accepting a Permanent Sanitary Sewer Easement from U.S. Bank National Association, for property located at 3060 William Street, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by John Voss, Seconded by Trent Summers to approve. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14-35, an Ordinance appropriating funds for the construction of the Safe Routes to School 2008 project for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Wayne Bowen, Seconded by Mark Lanzotti to approve. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. APPOINTMENTS Appointment to the Board of Adjustment Mr. Timothy Kelley was reappointed for a term expiring March 6, 2019. A Motion was made by John Voss, Seconded by Meg Davis to appoint. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Appointment to the Public Library Board of Directors Ms. Amy Trueblood was appointed for a term expiring June 30, 2014. A Motion was made by Loretta Schneider, Seconded by Meg Davis to appoint. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Regular March 3, 2014 JJ -27 Appointment to the Parks and Recreation Advisory Board Mr. Steve Taylor was reappointed for a term expiring October 29, 2014. A Motion was made by John Voss, Seconded by Meg Davis to appoint. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. MEETING ADJOURNMENT The meeting ended at 7:43 p.m. A Motion was made by Mark Lanzotti, Seconded by Trent Summers to adjourn. Motion passed. 7-0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk JJ -28 THIS PAGE INTENTIONALLY LEFT BLANK. Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT An Ordinance accepting a Permanent Sanitary Sewer Easement from Saint Francis Medical Center, for property located at 211 Saint Francis Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Sanitary Sewer Easement in connection with a sanitary sewer main extension for Saint Francis Medical Center. The City Council accepted the public sewer main improvements on March 3, 2014. BACKGROUND/DISCUSSION Saint Francis Medical Center has constructed a 637 linear foot sanitary sewer main extension as part of the new building expansion. The main extension runs through the U.S. Bank property, across Gordonville Road, and terminates on the Saint Francis property. This easement is for the portion of the main located on the Saint Francis property. With the public sewer main improvements satisfactorily completed, the easement is ready to be accepted by the City Council. The City Council accepted the public sewer main improvements on March 3, 2014. FINANCIAL IMPACT Saint Francis Medical Center is donating the easement to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City a right to access, construct, maintain, repair, and replace public sanitary sewer infrastructure within the easement area. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Permanent Sanitary Sewer Easement for the property at 211 Saint Francis Drive. ATTACHMENTS: Name: ❑ 211 Saint Francis Drive Sewer Ease.doc ❑ Permanent Sanitary Sewer Easement - Saint Francis - _Excecuted.pdf ❑ SFMC Easement Sketch.pdf Description: Saint Francis Sewer Ease Ord Permanent Sanitary Sewer Easement - Saint Francis Medical Center Permanent Sanitary Sewer Easement - Exhibit BILL NO. 14-29 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM SAINT FRANCIS MEDICAL CENTER, FOR PROPERTY LOCATED AT 211 SAINT FRANCIS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU. MISSOURI. AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Sanitary Sewer Easement from Saint Francis Medical Center, conveying to the City of Cape Girardeau, Missouri, a Permanent Sanitary Sewer Easement located at 211 Saint Francis Drive, in the City of Cape Girardeau, Missouri, described as follows: PART OF OUT LOT 84 IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a '-" iron pin (found) at the northwest corner of Lot 4 of West Town Center as recorded in the land records of the County Recorder's Office in plat book no. 23 at page no. 16, from which point the southwest corner of said lot bears S 030 20' 25" W, 124.18 feet; Thence N 030 20' 25" E, 60.34 feet to a point on the northerly right of way line of Gordonville Road; Thence S 870 17' 01" W, 188.74 feet along said right of way line to the beginning of a curve concave to the northeast having a radius of 276.60 feet and a central angle of 160 04' 42"; Thence along said curve and right of way in a southwesterly and northwesterly direction, 77.62 feet to the True Point of Beginning; Thence N 340 49' 28" E, 21.69 feet; Thence N 420 39' 50" E, 5.00 feet; Thence N 470 20' 10" W, 20.00 feet; Thence S 420 39' 50" W, 6.37 feet; Thence S 340 49' 28" W, 30.05 feet to a point on the northerly right of way line of Gordonville Road, said point 1 being the beginning of a non -tangent curve concave to the northeast having a radius of 276.60 feet and a central angle of 040 23' 23", from which point a radial line bears N 170 45' 06" E; Thence along said curve and right of way in a southeasterly direction, 21.19 feet to the Point of Beginning, containing 0.01 acres more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor E PERMANENT SANITARY SEWER EASEMENT THIS EASEMENT AGREEMENT, entered into on this Pp day of �, 2014, by and between SAINT FRANCIS MEDICAL CENTER, a Nonprofit Corporation, herein referred to as GRANTOR, and the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, herein referred to as GRANTEE: WITNESSTH, That said Grantor, in consideration of the sum of One Dollar ($$1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, does by these presents remise and convey unto Grantee the following permanent sanitary sewer easement on the property currently addressed as 211 Saint Francis Drive, located in the City of Cape Girardeau, described as follows: PART OF OUT LOT 84 IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin (found) at the northwest corner of Lot 4 of West Town Center as recorded in the land records of the County Recorder's Office in plat book no. 23 at page no. 16, from which point the southwest corner of said lot bears S 03° 20'25" W, 124.18 feet; Thence N 03° 20'25" E, 60.34 feet to a point on the northerly right of way line of Gordonville Road; Thence S 87° 17' 01" W, 188.74 feet along said right of way line to the beginning of a curve concave to the northeast having a radius of 276.60 feet and a central angle of 16° 04' 42'; Thence along said curve and right of way in a southwesterly and northwesterly direction, 77.62 feet to the True Point of Beginning; Thence N 34° 49' 28" E, 21.69 feet; Thence N 42° 39' 50" E, 5.00 feet; Thence N 47° 20' 10" W, 20.00 feet; Thence S 42° 39' 50" W, 6.37 feet; Thence S 34° 49' 28" W, 30.05 feet to a point on the northerly right of way line of Gordonville Road, said point being the beginning of a non -tangent curve concave to the northeast having a radius of 276.60 feet and a central angle of 04° 23'23", from which point a radial line bears N 17° 45'06" E; Thence along said curve and right of way in a southeasterly direction, 21.19 feet to the Point of Beginning, containing 0.01 acres more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to excavate, build, maintain, construct, operate, and repair sanitary sewer facilities from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. Grantee may not impose any taxes, fees, charges or assessments (whether general or special) specifically because the sanitary sewer facilities are situated on Grantor's property. Grantee shall use the easement area only as necessary for the purpose described in the paragraph above, and shall use its best efforts not to interfere with Grantor's use and enjoyment of its property. So as a medical facility is operated on the Property, Grantee shall use its best efforts to not (i) conduct any maintenance or repair of the sanitary sewer facilities without ten (10) days' prior written notice to Grantor at the address noted below, unless in the case of an emergency; (ii) conduct any maintenance or repair of the sanitary sewer facilities during normal business hours, unless in the case of an emergency, without prior approval of the Grantor; (iii) block or in any way restrict access to or from the property; or (iv) otherwise cause Grantor's operations on its property to be interfered with or interrupted. Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material. Grantee agrees to repair, at its cost and expense, any and all damage caused to the easement area or the Grantor's property by Grantee, its employees, agents or contractors. Further, promptly after any repair maintenance of the sanitary sewer facilities, Grantee shall immediately repair, at its cost and expense, the surface of the Easement Area to the same or better condition as it existed prior to such installation, repair, or maintenance. Said repair shall include restoring the ground to grade, seeding and strawing, and replacing pavement, as applicable. [The remainder of tins page it intentionally left blank. Signatun pager fallow..] IN WITNESS WHEREOF, the undersigned has executed this easement this _ day of 2014. SAINT FRANCIS MEDICAL CENTER, a Nonprofit Corporation By: ✓ Namt` VC 1 Its: f r e '} STATE OFA1�50Uri ) ss. COUNTY O e 6 d i' ) On this G day of GLdi in the year 2014, before me, a Notary Public in and for said State, personally appearedknown or identified to me to be the pr es i' .lL� 0- 90 of Saint Francis Medical Center, who executed the foregoing instrument on behalf of said Nonprofit Corporation. Notary Public My Commission Expires: -Tt 14 go 16 (I.UESNERNotary SeelISSOURIuntyEM `114214944, 2015 IN WITNESS WHEREOF, the undersigned has executed this easement this _ day of 2014. ATTEST: Im Its: STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this _ day of State, personally appeared said Municipal Corporation. My Commission Expires: CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri LH Its: in the year 2014, before me, a Notary Public in and for said known or identified to me to be the of the City of Cape Girardeau, who executed the instrument on behalf of Notary Public i^•- Chick-Fil-A / ,/(/ % LOT / ROUTE K NORTH 2ND. SUBD. yjr O DOC. #2011-03150 or 0 / / c / % co / ,PpY1 RADIAL LINE N 17°46'06" E / op (2) SAINT FRANCIS MEDICAL CENTER PERMANENT SANITARY SEWER EASEMENT BOOK 1269 - PAGE 519 BOOK 1012 - PAGE 743 —.. —.. —..—.887°1T01_W 188.74_.—..—..—..—..—.. —.—. - - - - -- Cl �-•-------0----- RIGHT OF WAY I TRUE POINT OF- — - _ - N I- - BEGINNING — o — - — - — - — - — - — - — --___-________ _-------GORDONVILEROAD— — —olm zl \ 60' ir`•-�' 8"3AN CTEIT EWERLINE OF OLPOEED GRAPHIC SCALE 0' 50' 100' -�G STR?Oljr k v \ i LINE DIMENSION TABLE NO. BEARING DISTANCE 1 N 34049'28" E 21.69' 2 N 42039'50" E 5.00' 3 N 47°20'10" W 20.00' 4 S 42039'50"W 6.37' 5 S 34049'28"W 30.05' 10.60' 21.19' S 74026'35" E \4\ V RADIAL LINE N 17°46'06" E / op (2) SAINT FRANCIS MEDICAL CENTER PERMANENT SANITARY SEWER EASEMENT BOOK 1269 - PAGE 519 BOOK 1012 - PAGE 743 —.. —.. —..—.887°1T01_W 188.74_.—..—..—..—..—.. —.—. - - - - -- Cl �-•-------0----- RIGHT OF WAY I TRUE POINT OF- — - _ - N I- - BEGINNING — o — - — - — - — - — - — - — --___-________ _-------GORDONVILEROAD— — —olm zl \ 60' ir`•-�' 8"3AN CTEIT EWERLINE OF OLPOEED GRAPHIC SCALE 0' 50' 100' -�G STR?Oljr k v \ i LINE DIMENSION TABLE NO. BEARING DISTANCE 1 N 34049'28" E 21.69' 2 N 42039'50" E 5.00' 3 N 47°20'10" W 20.00' 4 S 42039'50"W 6.37' 5 S 34049'28"W 30.05' N N O AMERIFIRST BANK OF CAPE GIRARDEAU BOOK 520 - PAGE 007 O 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 wenwww.bmansngsumwrn ENGINEERING & SURVEYING ——------•—N 87°17'01"E 214.38' -- N.E. CORNER LOT — POINT OF COMMENCEMENT N.W. CORNER LOT 4 1/2" IRON PIN (FOUND) S.W. CORNER LOT LOT 4 - WEST TOWN CENTER PB. 23 - PG. 16 0.620 ACRES CHARLES L. DRURY REVOCABLE TRUST LOT 5 - WEST TOWN CENTER PB. 23 - PG. 16 1.02 ACRE LEASE TRACT 39 INGRESS - EGRESS & SANITARY SEWER EASEMENT BOOK 520 - PAGE 08 BOOK 524 - PAGE 558 \ •�••�••`• ACCESS DRIVE -�(� l ••ROW � —���— CURVE DIMENSION TABLE NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 276.60' 16004'42" 77.62' 39.07' 77.37' N 84040'38"W 2 276.60' 04023'23" 21.19' 10.60' 21.19' S 74026'35" E SURVEY SKETCH PLAT SANITARY SEWER EASEMENT SAINT FRANCIS MEDICAL CENTER FEBRUARY 26, 2013 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT An Ordinance accepting a Permanent Sanitary Sewer Easement from U.S. Bank National Association, for property located at 3060 William Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Sanitary Sewer Easement in connection with a sanitary sewer main extension for Saint Francis Medical Center. The City Council accepted the public sewer main improvements on March 3, 2014. BACKGROUND/DISCUSSION Saint Francis Medical Center has constructed a 637 linear foot sanitary sewer main extension as part of the new building expansion. The main extension runs through the U.S. Bank property, across Gordonville Road, and terminates on the Saint Francis property. This easement is for the portion of the main located on the U. S. Bank property. With the public sewer main improvements satisfactorily completed, the easement is ready to be accepted by the City Council. The City Council accepted the public sewer main improvements on March 3, 2014. FINANCIAL IMPACT U.S. Bank National Association is donating the easement to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City a right to access, construct, maintain, repair, and replace public sanitary sewer infrastructure within the easement area. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Permanent Sanitary Sewer Easement for the property at 3060 William Street. ATTACHMENTS: Name: ❑ 3060 William Street -US Bank -Sewer Ease.doc ❑ Permanent Sanitary Sewer Easement - US Bank - _Executed.pdf ❑ Bank Easement Sketch.pdf Description: US Bank Sewer Ease Ord Permanent Sanitary Sewer Easement - US Bank National Association Permanent Sanitary Sewer Easement - Exhibit BILL NO. 14-30 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM U.S. BANK NATIONAL ASSOCIATION, FOR PROPERTY LOCATED AT 3060 WILLIAM STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU. MISSOURI. AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Sanitary Sewer Easement from U.S. Bank National Association, conveying to the City of Cape Girardeau, Missouri, a Permanent Sanitary Sewer Easement located at 3060 William Street, in the City of Cape Girardeau, Missouri, described as follows: PART OF OUTLOT 84 IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot no. 4 of West Town Center as recorded in the land records of the County Recorder's Office in plat book no. 23 at page no. 16; from which point the northeast corner of said lot bears N 870 17' 01" E, 214.36 feet, said point being on the southerly right of way line of Gordonville Road; Thence S 870 17' 01" W, 182.37 feet along said right of way to the beginning of a curve concave to the northeast having a central angle of 200 02' 35" and a radius of 336.60 feet; Thence along said curve and right of way in a southwesterly and northwesterly direction, 117.75 feet to the True Point of Beginning; Thence leaving said right of way, S 340 49' 28" W, 76.43 feet; Thence S 190 37' 45" W, 55.82 feet; Thence S 330 09' 45" E, 98.37 feet; Thence S 700 40' 46" E, 193.00 feet; Thence S 790 25' 57" E, 120.00 feet; Thence S 000 00' 00" W, 26.81 feet to a point on the northerly right of way line of Missouri State Route K, said point being the beginning of a non -tangent curve 1 concave to the northeast having a central angle of 00° 43' 06", a radius of 1840.00 feet and from which point a radial lines bears N 160 21' 08" E; Thence along said curve and right of way in a northwesterly direction, 23.07 feet; Thence continuing along said right of way the following courses and distances: N 710 25' 21" W, 147.24 feet; Thence N 700 40' 46" W, 153.60 feet; Thence N 330 09' 45" W, 106.73 feet to a point on the east right of way line of St. Francis Drive; Thence along said east right of way line N 190 37' 45" E, 134.16 feet to a point on the southerly right of way of Gordonville Road; Thence along said southerly right of way, S 700 43' 51" E, 18.63 feet to the beginning of a curve concave to the northeast having a central angle of 010 56' 33" and a radius of 336.60 feet; Thence along said curve and right of way in a southeasterly direction, 11.41 feet to the Point of Beginning, containing 0.17 acres more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. ii:�X9�hi_\phi_�99 Z�]1/�1��1Y:Y��7_\•ti] ASF[W /_YWYD[.9 O Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor E PERMANENT SANITARY SEWER EASEMENT THIS EASEMENT AGRFFMFNT, entered into on this _ day of , 2014, by and between U.S. BANK NATIONAL, ASSOCIATION, a national banking association, successor -$t -interest to AMERIFIRST BANK OF CAPE GIRARDEAU, herein referred to as GRANTOR, and the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, herein referred to as GRANI'EE: WITNF.,SSTI-I, That said Grantor, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, does by these presents remise and convey unto Grantee the following permanent sanitary sewer easement on the property currently addressed as 3060 William Street, located in the City of Cape Girardeau, described as follows: PART OF OUTLOT 84 IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot no. 4 of West Town Center as recorded in the land records of the County Recorder's Office in plat book no. 23 at page no. 16; from which point the northeast corner of said lot bears N 87° 17' 01" E, 214.36 feet, said point being on the southerly right of way line of Gordonville Road; Thence S 87° 17'01" W, 182.37 feet along said right of way to the beginning of a curve concave to the northeast having a central angle of 20° 02' 35" and a radius of 336.60 feet; Thence along said curve and right of way in a southwesterly and northwesterly direction, 117.75 feet to the True Pont of Beginning; Thence leaving said right of way, S 34° 49,28" W, 76.43 feet; Thence S 19° 37' 45" W, 55.82 feet; Thence S 33° 09' 45" E, 98.37 feet, Thence S 70° 40'46" E, 193.00 feet; Thence S 79° 25'57" E, 120.00 feet; Thence S 00° 00'00" W, 26.81 feet to a point on the northerly right of way line of Missotui State Route K, said point being the beginning of a non -tangent curve concave to the northeast having a central angle of 000 43' 06", a radius of 1840.00 feet and from which point a radial lines bears N 16° 21'08" E; Thence along said curve and right of way in a northwesterly direction, 23.07 feet; Thence continuing along said right of way the following courses and distances: N 71° 25'21" W, 147.24 feet; Thence N 700 40' 46" W, 153.60 feet; Thence N 33° 09' 45" W, 106.73 feet to a point on the east right of way line of St. Francis Drive; Thence along said east right of way line N 19° 37'45" E, 134.16 feet to a point on the southerly tight of way of Gordonville Road; Thence along said southerly right of way, S 70° 43'51" E, 18.63 feet to the beginning of a curve concave to the northeast having a central angle of 01° 56' 33" and a radius of 336.60 feet; 'Thence along said curve and right of way in a southeasterly direction, 11.41 feet to the Point of Beginning, containing 0.17 acres inure or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to excavate, build, maintain, construct, operate, and repair sanitary sewer facilities from tune to titne, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and 'authority herein granted is perpetual and shall run with the land. Grantee may not impose any taxes, fees, charges or assessments (whether general or special) specifically because the sanitary sewer facilities are situated on Grantor's property. Grantee shall use the easement area only as necessary for the purpose described in the paragraph above, and shall use its best efforts not to interfere with Grantor's use and enjoyment of its property. So long as a retail or bank facility is operated on the Property, Grantee shall use its best efforts to not (i) conduct any maintenance or repair of the sanitary sewer facilities without ten (10) days' prior written notice to Grantor at the address noted below, unless in the case of an emergency; (ii) conduct any maintenance or repair of the sanitary sewer facilities during normal business hours, unless it the case of an emergency, without prior approval of the Grantor; (id) block or in any way restrict access to or from the property; or (rv) otherwise cause Grantor's operations on its property to be interfered with or interrupted. Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material Grantee agrees to repair any and all damage caused to the easement area or the Grantor's property by Grantee, its employees, agents or contractors. Further, promptly after any repair or maintenance of the sanitary sewer facilities, Grantee shall immediately repair the surface of the Easement Area to the same or better condition as it existed prior to such installation, repair, or maintenance. Said repair shall include restoring the ground to grade, seeding and strawing, and replacing pavement, as applicable. Notices to Grantor must be sent to U.S. Bank National Association, Corporate Real Estate, 4480 Emerald Avenue, CN -OH -PROP, Cincinnati, Ohio 45242,Atme Marsha Ward Lane; with a copy to; U.S. Bank National Association, 800 Nicollet Mall, BC-bIN-I-I21R, Minneapolis, Minnesota 55402, Attn: Corporate Real Estate — Corporate Counsel. Grantor may change its notice addresses upon written notice to Grantee. [The mminder of thispqe a intentionally /eft blank.Signature pager follow. IN WITNESS WHEREOF, the undersigned has executed this easement this day of 2014, U.S. BANK NATIONAL AssOCIATION, a national banking association By; (- ..._ Name: By: /7Z Naim cr✓v J%%O YC�GN _ ita. :5ZF C,tf_ 6g�e'� ions %aia.- STATE OF Qui D 55. COUNTY OF �5L)4-k /' ) On this 7dayof Fcb r uu r y in the year 2014, before me, a Notary Public in and for said State, personally appeared Za rr4 /rlor ov and . known ox identified to me to be the .Senior (/%C[ I7reSi &-f and , respectively, of U.S. Bank National Association, who executed the foregoing instrument on beh fof laid national banking association. Notary Public My Commission Expires: I , '— 0 = RICHARD P. YOUNG * i* Notary Public, State of Ohio My Comm. Expires Aug. 10, 2016 IN WITNESS WHEREOF, the undersigned has executed this easement this _ day of ,2014. AVI EST: IN Its: STATE OF MISSOURI ) ) as, COUNTY OF CAPE GIRARDEAU ) On this day of _ State, personally appeared said Municipal Corporation. My Commission Expires: CITY OF CAPE GIRARDEAU, a btunicipal Corporation of the County of Cape Girardeau, State of Missouri Its: in the year 2014, before me, a Notary Public in and fox said known or identified to me to be the of the City of Cape Girardeau, who executed the instrument on behalf of Notary Public \ i Chick-Fil-A LOT � ROUTE K NORTH 2ND. SUBD. yir O DOC. #2011-03150407 Cq / �� Co 2 �ROva Tom., CENTERLINE OF PROPOSED 8"SANITARY SEWER LINE ��\ i--------------- R.O.W.. \ PERMANENT SANITARY SEWER EASEMENT GRAPHIC SCALE Or 50' 100' CENTERLINE OF PROPOSED \ _ 8" SANITARY SEWER LINE ft/4 Z /gySTR Fps%F �cv \ \ \ SAINT FRANCIS MEDICAL CENTER 2121 Megan Drive BOOK 1269 - PAGE 519 Cape Girardeau, MO 63701 BOOK 1012 -PAGE 743 oBowen 573 339 5900 Fax 573 339 1391 ................................ ___ w .bmenengsurv.wrn ENGINEERING & SURVEYING N71257j`W - 1q;�74 CURVE DIMENSION TABLE NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 1,840.00' 00043'06" 23.07' 11.54' 23.07' N 73017'19" W 2 336.60' 01056'33" 11.41' 5.71' 11.41' S 71042'08" E 3 336.60' 20002'35" 117.75' 59.48' 117.15' N 82°41'42" W GORDONVILE ROAD--------- LINE DIMENSION TABLE NO. BEARING DISTANCE 1 S 00000'00" W 26.81' 2 S 70°43'51" E 18.63' N.E. CORNER LOT 4 •ROW •�. SURVEY SKETCH PLAT SANITARY SEWER EASEMENT SAINT FRANCIS MEDICAL CENTER FEBRUARY 26, 2013 Staff: John Richbourg, Finance Director Agenda: 3/17/2014 SUBJECT This ordinance would appropriate $345,000 to construct the Safe Routes to School 2008 Project SRTS-INF- H280(106). EXECUTIVE SUMMARY This agenda includes a resolution authorizing the City to enter into a contract with Lappe Cement Finishing to construct the Safe Routes to School 2008 Project SRTS-INF-H280(106). This ordinance appropriates $345,000 for the completion of the contract, internal construction inspection costs, and contingencies. FINANCIAL IMPACT The appropriated costs are expected to be paid from a $176,449 grant from the Safe Routes to School Program and unencumbered balances of the Motor Fuel Tax Fund. STAFF RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS: Name: ❑ SAFEROUTESAPPROPRIATION_2014.odf Description: Ordinance Appropriating funds for SRTS2008 BILL NO. 14-35 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR THE CONSTRUCTION OF THE SAFE ROUTES TO SCHOOL 2008 PROJECT FOR THE FISCAL YEAR ENDING JUNE 30, 2014, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates $345,000 for the construction of the Safe Routes to School 2008 project SRTS-INF-H280(106) during the fiscal year ending June 30, 2014 from a Federal Highways and Transportation Commission grant and unencumbered balances of the Motor Fuel Tax Fund. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 3/17/2014 SUBJECT Verification of Petition for the Creation of the Downtown Cape Girardeau Community Improvement District, and setting of public hearing to consider the proposed district. EXECUTIVE SUMMARY On December 5, 2013, real property owners submitted a Petition to the City Clerk to create a community improvement district under the authority of 67.1401 to 67.1571, RSMo., also known as the "CID Act." As required in the CID Act, on March 4, 2013, the City Clerk verified that the property owners signing the petitions collectively owned more than 50% by assessed value of the real property, and represented more than 50% per capita of all owners of real property. The Council must now set a public hearing regarding the request within 45 days from the date of submittal of the petition to the City Council, said 45 days expiring May 1, 2014. BACKGROUND/DISCUSSION A steering committee consisting of a group of property owners in the downtown area have been working for quite some time to develop a proposed community improvement district for the benefit of the downtown area. Forming a Downtown CID was the top goal in the Downtown Strategic Plan adopted by Council in August 2009. The process has been facilitated with the assistance of the Downtown Development Team. The attached Petition was submitted to the City to establish the Downtown Cape Girardeau Community Improvement District. It is proposed that this district be a political subdivision empowered to provide a variety of public services. Attached to the Petition is a proposed Five -Year Plan, which includes a description of the purposes of the proposed district, the services it will provide, and an estimate of the costs of these services to be incurred. A community improvement district (CID) is an entity that is separate from the City of Cape Girardeau and is formed by the adoption of an ordinance by the City Council upon submittal of a petition signed by the requisite number of property owners within the district and following a public hearing before the City Council regarding formation of the proposed district. FINANCIAL IMPACT If the City Council proceeds with a public hearing and establishes the district as petitioned, subject to voter approval, the district will impose a one-half of one percent (0.5%) sales tax on retail sales within the district and $0.6708 ad valorem tax on the real property within the district. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS This District is being proposed to improve and convey special benefits to properties located within the boundaries of the District. The proposed District improvements and services are listed in the Five -Year Plan attached to the Petition, and are services and improvements that would not otherwise be provided to these properties. Improving the properties within this District will provide a regional draw for additional businesses and residents to locate to this area of our City. STAFF RECOMMENDATION It is recommended that the City Council approve the attached Resolution calling for a public hearing at the City Council Meeting on April 21, 2014, to consider the proposed Downtown Cape Girardeau Community Improvement District. BOARD OR COMMISSION RECOMMENDATION The Old Town Cape Board of Directors supports consideration of the Petition and establishment of the district as proposed. PUBLIC OUTREACH Steering Committee Members have met with a majority of the property owners within the proposed district. The attached property owner list identifies which property owners have signed the Petition in support of the establishment of this District. ATTACHMENTS: Name: ❑ CID Resolution.doc ❑ Petition.Vedfication.03-04-14.signed.idf ❑ CID 2nd Petition Map.pdf ❑ Downtown CID property list.final_venfed.Owner-Addresspdf Description: Downtown CID PH resolution Downtown CID Petition and Verification Downtown CID proposed boundary map Downtown CID real property list BILL NO. 14-38 RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH PUBLIC HEARING; AND OTHER RELATED MATTERS WHEREAS, on December 5, 2013, a Petition for the Creation of a Community Improvement District (the "Petition") was filed with the Clerk of the City of Cape Girardeau, Missouri (the "City") pursuant to the Community Improvement District Act, Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri, as amended (the "CID Act"); and WHEREAS, the City Clerk has reviewed the Petition, attached hereto as Exhibit A and incorporated herein by reference, and on March 4, 2014, verified that the Petition substantially complies with Section 67.1421.2 of the CID Act, and that the petitioners have not withdrawn their signatures later than seven days after the Petition was filed with the City Clerk; and WHEREAS, the Petition states that the property owners seek, among other things, the creation of the Downtown Cape Girardeau Community Improvement District (the "District"); and WHEREAS, pursuant to Section 67.1431 of the CID Act, the City Council shall hold a public hearing regarding the proposed formation of the District within 45 days after the receipt of the verified Petition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: 1. A public hearing regarding the establishment of the proposed District shall be held on April 21, 2014, at 7:00 p.m. at the Cape Girardeau City Hall, 401 Independence Street, Cape Girardeau, Missouri 63703 (the "Public Hearing"). 2. The City Clerk is hereby directed to give notice of the Public Hearing by (a) publication of such notice in a newspaper of general circulation within the City once a week for two consecutive weeks prior to the week of the Public Hearing, and (b) registered or certified United States mail with a return receipt attached to the address of record of each owner of record of real property within the boundaries of the proposed District not less than fifteen (15) days prior to the Public Hearing. 3. The notice of Public Hearing shall be substantially in the form of Exhibit B, attached hereto and incorporated herein by reference. 4. The City shall, and the officers, agents and employees of the City are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution and to carry out, comply with and perform the duties of the City with respect to the Petitions and Public Hearing. 5. The Mayor is hereby authorized and directed to execute this Resolution for and on behalf of and as the act and deed of the City. The City Clerk is hereby authorized and directed to attest hereto. PASSED AND ADOPTED THIS DAY OF 2014. Harry E. Rediger ATTEST: Gayle L. Conrad, City Clerk EXHIBIT A PETITION FOR THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT (Attached hereto) EXHIBIT B FORM OF NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Please be advised that on April 21, 2014, at 7:00 p.m. at Cape Girardeau City Hall, 401 Independence Street, Cape Girardeau, Missouri 63703, the City Council will hold a public hearing to consider a Petition for the Creation of a Community Improvement District (the "Petition") pursuant to the Community Improvement District Act, Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri, as amended, which was filed with the City Clerk on December 5, 2013. Petitioners seek formation of the Downtown Cape Girardeau Community Improvement District (the "District"). All interested persons may attend and be heard. Appearing below is District. The proposed 00 through 1200 blocks Themis, 00 through 200 blocks of Merriwether, through 100 blocks of North Main, 00 block of 00 through 200 blocks o North Lorimier, all wi Missouri. a map of the boundaries of the proposed District is generally located along the of Broadway, 00 through 100 blocks of blocks of Independence, 00 through 200 00 through 100 block of William, 00 Vorth Water, 00 through 400 blocks of South Main, 00 block of North Spanish, South Spanish, 00 through 200 blocks of yin the city limits of Cape Girardeau, The Petition is available for review at the office of the City Clerk of the City of Cape Girardeau, Missouri, during regular business hours on weekdays from 8:00 a.m. to 5:00 p.m. Gayle L. Conrad, City Clerk City of Cape Girardeau, Missouri [insert map] CITY or CAPE GIRARDEAU OFFICE OF THE CITY CLERK VERIFICATION OF PETITION FOR THE CREATION OF THE DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT I, Gayle L. Conrad, City Clerk for the City of Cape Girardeau, Missouri, do hereby state: 1. Petitions to create the Downtown Cape Girardeau Community Improvement District were filed with the City Clerk on December 5, 2013. 2. I have reviewed the Petitions for the Creation of the Downtown Cape Girardeau Community Improvement District, and determined on March 4, 2014, which does not exceed ninety (90) days after receipt of the Petitions, that the Petitions substantially comply with the requirements of Section 67.1421 of the Community Improvement District Act 3. I hereby verify that the signatures of the signers were not withdrawn within seven (7) days after the Petitions were filed with this office. 4. On March 17, 2014, I delivered the verified Petitions to the Cape Girardeau City Council. Dated this 18th day of March, 2014. Gayle. Conrad, City Clerk 401 Independence Cape Girardeau, MO 63703 573-339-6300 Tel 573-339-6302 Fax cityofcape.org PETITION FOR THE CREATION OF THE DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT To the Mayor and City Council of the City of Cape Girardeau, Missouri: The undersigned real property owners (the "Petitioners"), being the owners collectively owning: (1) more than fifty percent (50%) by assessed value of the real property, and (2) more than fifty percent (50%) per capita of all owners of real property within the boundaries of the hereinafter described proposed community improvement district, do hereby petition and request that the City Council of the City of Cape Girardeau, Missouri create a community improvement district as described herein under the authority of Sections 67.1401 to 67.1571, RSMo (the "CID Act'). In support of this petition, the Petitioners set forth the following information in compliance with the CID Act: 1. District Name. The name for the proposed community improvement district (the "District") is: Downtown Cape Girardeau Community Improvement District 2. Legal Description and Map. A legal description and map of the proposed District are attached hereto as Exhibit A. The proposed district is located entirely within the City of Cape Girardeau, Missouri. 3. Five -Year Plan. A five-year plan containing a description of the purposes of the proposed District, the services and public improvements that will be funded by the District, an estimate of costs of these services and improvements to be incurred, and other details and requirements as set forth in the CID Act is attached hereto as Exhibit B (the "Five Year Plan"). 4. Form of District. The proposed district will be established as a political subdivision of the State of Missouri under the CID Act. 5. Board of Directors. The Board of Directors will consist of seven (7) members. The initial Board of Directors shall be appointed by the Mayor with the consent of the City Council. The Petitioners propose that the names of the initial directors and their terms be as follows: Name Term Lindy Lysell 4 Years Jon Rust 4 Years Dave Hutson 4 Years Sheila Sauer 2 Years Kent Zickfield 2 Years James Stapleton 2 Years Daniel Statler 2 Years In addition to the eligibility requirements set forth in Section 67.1451 of the CID Act, only owners of real property or their legally authorized representatives will be eligible to be appointed to the Board of Directors. 6. Assessed Value. The total assessed value of all real property in the District is $8,197,340.00. 7. BE &. The Petitioners are not seeking a finding of blight. 8. Duration of District. The duration of the District will be for a minimum of one (1) year. 9. Real Property Tax. To assist in the funding of certain public improvements and services that serve the properties within the District, the qualified voters of the District will be asked to approve a real property tax of $0.6708, which is the maximum rate of real property tax to be imposed by the District (the "District Property Tax"). 10. Business License Tax. The Petitioners do not propose that a business license tax be imposed within the District. Accordingly, the maximum rate of a business license tax to be imposed by the District is $0. 11. Special Assessments. The Petitioners do not propose that special assessments be imposed within the District. Accordingly, the maximum rate of a special assessment to be imposed by the District is $0. 12. Sales Tax. Qualified voters of the District will be asked to approve a sales tax of one-half of one percent (0.5%) (The "District Sales Tax") to assist in the funding of certain public improvements and services that serve the properties within the District. 13. Borrowing Limits. The Petitioners do not seek limitations on the borrowing capacity of the District. 14. Revenue Limits. The Petitioners do not seek limitations on the revenue generation of the District. 15. Authority Limits. The Petitioners do not seek limitations on the powers of the District. 16. Revocation of Si ng atures. The Petitioners acknowledge that THE SIGNATURES OF THE SIGNERS OF THIS PETITION MAY NOT BE WITHDRAWN FROM THIS PETITION LATER THAN SEVEN (7) DAYS AFTER THE FILING HEREOF WITH THE CITY CLERK WHEREFORE, the Petitioners respectfully request that the City Council establish the Downtown Cape Girardeau Community Improvement District in accordance with the information set forth in this Petition and take all other appropriate and necessary action that is consistent with the Community Improvement District Act to establish the requested district. WE EXHIBIT A BOUNDARY DESCRIPTION AND MAP OF THE DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT DESCRIPTION OF DOWNTOWN CAPE GIRARDEAU, MISSOURI COMMUNITY IMPROVEMENT DISTRICT ALL OF THAT PART OF THE CITY OF CAPE GIRARDEAU, STATE OF MISSOURI, WITHIN TOWNSHIP 30 AND31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southwest corner of Lot #23 of Range D of the City of Cape Girardeau, MO, approximately 112 feet south of the south line of Broadway, said point being the Southwest comer of a tract of land now or formerly owned by Carl W. and Lori A. Wensky et al., thence west, parallel to the South line of Broadway to a point on the west line of Ellis Street, thence south, with said west line of Ellis Street, to the north line of an existing east -west alley through Lot #28 of Range D of the City of Cape Girardeau, thence west, with the north line of said alley to the east line of an existing north -south alley on the west side of said Lot #28 of Range D, thence in a southwesterly direction to a point on the west line of said alley, said point being also the southeast comer of a tract of land now or formerly owned by the Robert W. Bohnsack Trust, and said point being approximately 172.39 feet south of the south line of Broadway, thence in a westerly direction parallel to the south line of Broadway to the east line of Pacific Street, thence in a southwesterly direction to the northwest corner of Pacific Street and Themis Street, thence west, with the North line of Themis Street, to the southwest corner of a tract of land now or formerly owned by Luke Michael Pavone, said point being approximately 66.8 feet east of the northeast comer of the intersection of Hanover Street and Themis Street, thence North, parallel with the East line of Hanover Street, to the North line of Luce Street, thence westerly, with the north line of Luce Street, to the southeast comer Lot #8 of Albert Place Subdivision (Plat Book 3, Page 17) and also of a tract of land now or formerly owned by Cape County Area Investors, LLC, thence with the east line of said Lot #8 and said Cape County Area Investors parcel, approximately 77 feet to the northeast corner of said Cape County Area Investors parcel, thence with the north line of said Cape County Area Investors, LLC parcel, westerly to a point on the west line of said Lot #8 and the east line of Lot #10 of said Albert Place, thence with the east line of said Lot #10, North to the Northeast corner of said Lot #10, thence along the north line of said Lot #10, westerly to the Northwest corner of said Lot #10, said point being on the east line of an existing Alley, thence with the east line of said Alley, northerly approximately 66.2 feet to a bend in said alley, thence continuing along the east / northeast line of said Alley, to the intersection of the northeast line of said alley with the east line of Henderson Avenue, thence north, with the East line of Henderson Avenue, approximately 36 feet, to the intersection of the east line of Henderson Avenue and an extension of the north line of a tract of land now or formerly owned by the Eric J. Gooden Trust, being located at 229 North Henderson Avenue, thence in a westerly direction to the northeast comer of said Gooden Trust Parcel, said point being on the west line of Henderson Avenue and also on the South line of a tract of land now or formerly owned by the Southeast Missouri University Foundation, thence with the South line of the University Foundation Property, westerly to the east line of Park Avenue, thence with the east line of Park Avenue, north approximately 70 feet to the northwest comer of the University Foundation Parcel, thence with the north line of the University Foundation Parcel east, approximately 68 feet to a comer of the University Foundation Parcel, thence running north, along the west line of the University Foundation Parcel and parallel to the east line of Park Avenue, approximately 180 feet, to the southeast corner of a tract of land now or formerly owned by Eleanor L. Jones, said parcel being located at 1231 Broadway, thence with the south line of said Jones parcel to the east line of Park Avenue; thence north along the east line of Park Avenue 84.6 feet to the intersection of the south line of Broadway and the East line of Park Avenue, thence in a northeasterly direction across Broadway to the intersection of the north line of Broadway and the east line of Park Avenue, thence north, with the east line of Park Avenue to the southwest corner of Lot #25 of Block #I of Park Place Addition, thence east, along the south line of said Lot #25 to the southeast corner of said Lot #25, said comer falling on the west line of Lot #2 of Block #I of said Park Place Addition, thence southerly with the west line of said Lot #2 to the southwest corner of said Lot 42, thence east with the south line of said Lot #2 of block #1, to the southeast corner of said Lot #2, thence in a southeasterly direction and perpendicular to the present (2011 ad.) east right of way line of Henderson Avenue to a point on said present east right of way line, thence with said east line, in a northeasterly direction, approximately 70 feet, to a point where the present east right of way line of Henderson Avenue intersects the originally platted east right of way line of Henderson Avenue, thence southerly with the original east right of way line of Henderson Avenue to the Southwest corner of Lot #4 of Block 1 of Matteson Terrace (Plat Book 3, Page 8), thence east with the south line of said Lot #4, and said line extended to the center of the alley located in Block 1, a distance of 157.5 feet, thence southerly with the center of said alley to the extension of the southerly line of Lot #5 of said Block 1 of Matteson Terrace, thence west with the south line of Lot 5 and said line extended, to the southwest comer of said Lot #5 of block 1 of Matteson Terrace, thence southerly along the west line of Lot 96 of said block #1 to the southwest corner of said Lot #6, thence east along the south line of said Lot #6 and said south line extended, to the center of the existing alley indicated in Block 1 of Matteson Terrace, thence in a southeasterly direction along the center of said alley to the west line of Houck Place as it presently exists, thence in a southeasterly direction to the most westerly corner of Lot 49 of Block #2 of said Matteson Terrace, said point being also on the South line of Bellevue Street, thence east with the south line of said Bellevue Street to the Northwest comer of Lot #15 of Block #2 of Matteson Terrace, thence along the west line of said Lot 415, to the Southwest corner of said Lot #15, thence with the southern line of Matteson Terrace Subdivision, being also the south line of Lots 15 and 17 of said Block 2, to the west right of way line of Pacific Street, thence south along the west line of said Pacific Street, to a point opposite the extension of the north line of a tract of land owned by the Southeast Missouri University Foundation, thence eastwardly on the extension of this north line to a point on the east line of Pacific Street, said point being approximately 134.06 feet south of the southeast corner of the intersection of Pacific Street and Bellevue street, thence with the North line of the University Foundation Parcel, east to the west line of an existing alley, thence southerly with the west line of said alley to a point on the north line extended of a tract now or formerly owned by the Southwestern Bell Telephone Company, thence with said north line, and the extension of said line, and being approximately 189.16 feet north of and parallel to the north line of Broadway Street, to the east line of Ellis Street, thence north, with the east line of Ellis Street, to the northwest corner of a tract of land now or formerly owned by Mansouri Karim, thence easterly with the north line of said tract, to the northeast corner of said tract on the west line of an alley, thence in an easterly direction, to a point on the east line of the same alley, and being on the northwest corner of a tract of land now or formerly owned by Lee P. and Cassandra G. Scott, thence east along the north line of the Scott parcel, parallel to and approximately 231.52 feet north of the north line of Broadway, to a point on the west line of Sprigg Street, thence easterly to the northwest corner of Lot #33 of Range E in the City of Cape Girardeau, thence east with the North line of said Lot #33, and continuing east along the North line of Lot #28 of Range E, to the west line of Frederick Street, thence easterly to a point on the East line of Frederick Street 6.06 feet north of the northwest comer of Lot #25 of Range E, thence easterly and 6.06 feet north of the north line of said Lot #25 of Range E to the west line of an existing alley, thence east to a point on the east line of said alley being also the northwest corner of Lot #20 of said Range E, thence east with the north line of said Lot #20, to a point on the west line of Middle Street, thence easterly to a point on the east line of Middle Street being also the northwest corner of Lot #18 of Range E, thence with the north line of said Lot #18 and said north line extended to a point on the east line of an alley at the NW comer of Lot #15 of Range E, thence north with the west line of Lot #16 of saidRange E approximately 80.75 feet to the northwest comer of a tract of land now or formerly owned by G& S Holdings, LLC, thence easterly with the north line of said G & S Holdings, LLC parcel to the west line of Fountain Street, thence in an easterly direction to a point on the east line of Fountain Street at A-2 2121939MV-9 a point 45.15 feet south of the most western of the northwest corners of Lot #1 of Marquette Towers (Plat Book 22 at Page 33), thence Easterly approximately 203 feet to appoint on the west line of an alley being 157.99 feet south of the south line of Bellevue Street, thence northeasterly to a point on the east line of the same alley being 148 feet south of the south line of Bellevue Street, thence East to a point on the west line of Lorimier Street being 83.6 feet north of the southeast corner of Lot #12 of Range E, thence southerly with the west line of Bellevue Street to the southeast comer of said Lot #12, thence easterly to a point on the east line of Lorimier Street at the northwest comer of Lot #10 of Range E, thence easterly with the north line of said Lot #10 188.83 feet to the northeast corner of said Lot #10, thence east with the north line of Lot #7 of said Range E 11.0 feet, thence north parallel with the west line of Lot #8 of said Range E 1.67 feet, thence east parallel with the south line of Lot #8 of Range E 19.18 feet, thence north parallel with the east line of Lot #8 of Range E, 89.94 feet to a point 140 feet south of the south line of Bellevue Street, thence east and parallel with the south line of Bellevue Street, 188.82 feet to the center of vacated Spanish Street, thence northerly with the center of said vacated Spanish Street, 40 feet, thence easterly and 100 feet south and parallel to the south line of Bellevue street and vacated Bellevue Street to a point on the east right of way of Main Street, thence north with the east right of way line of Main Street, to a point 116 feet south of the intersection of the east line of Main Street with the South line of vacated North Street, thence west, parallel with and 116 feet south of south line of North Street, 156 feet to the southwest comer of a tract of land now or formerly owned by Downtown Investments, Company of Cape Girardeau, thence north parallel to and 95 feet west of the west line of Main Street to a point on the south line of North Street, thence with the south line of North Street westerly to the intersection of the centerline of vacated Spanish Street with the south line of North Street, thence north with the centerline of Vacated Spanish Street and said centerline extended to the North line of Park Drive, thence easterly with the North line of Park Drive and said North line extended to a point on the east right of way line of Main Street, thence north with the east line of Main Street to the northwest corner of a tract of land now or formerly owned by Downtown Investment Company of Cape Girardeau, thence easterly with the north line of said tract to the Northeast Corner of said Tract, thence Southerly along the east line of said tract to the southeast corner of said tract on the east line of Lot #2 of Range F, thence continuing south with the east line of Lots 2 and 1 of Range F to the southeast comer of said Lot # 1, thence in a southeasterly direction to the northeast comer of Lot #I of New River Development Subdivision (Plat Book 22, Page 54), said point being also on the west line of Water Street, thence southerly, with the west line of Water Street, to the northwest comer of Water Street and Independence Street, thence in a southeasterly direction to the intersection of the south line of Independence Street and the west line of the existing Burlington Northern Railroad, thence along the west line of said railroad, to the north line of the Burlington Northern Railroad Maintenance Property, said north line being approximately 72 feet north of the north line of William Street, thence westerly with the north line of said Burlington Northern parcel to the east line of Aquamsi Street, thence with the east line of said Aquamsi Street to a point 150 feet north of the north line of Morgan Oak Street, thence west to the southeast comer of Lot #4 of Range H, thence with the south line of Lots 4 and 9 of Range H to the southwest corner of Lot #9 of Range H on the east line of Spanish Street, thence with the east line of Spanish Street North to the Northwest corner of Lot #12 of Range H, thence east with the south line of Good Hope to the west line of Aquamsi Street, thence north with the west line of Aquamsi Street to the northeast corner of Lot #5 of Range G, thence westerly with the north line of Lot 5 and 8 of Range G to the east line of Spanish Street, thence North with the west line of Spanish Street to a point 112 feet south of the south line of Merriwether Street, thence west parallel to the south line of Merriwether Street approximately 255 feet to the west line of an existing alley, thence south with said west alley line to a point approximately 204 feet south of the south line of Merriwether Street and the southeast comer of a tract of land now or formerly owned by Hutson Enterprises Inc., thence west with the south line of said tract and parallel to the south line of Merriwether Street to the southwest comer of said tract, thence north parallel to the east line of Lorimier Street to the South line of Merriwether Street, thence east with the south line of Merriwether Street to the northwest corner of Lot #5 of Range A, thence with the east line of a 15 foot alley across Merriwether Street and through range B to a point on the south line of Independence Street on the northwest corner of Lot #5 of Range B, thence north to a A-3 point on the southeast corner of Lot #6 of Range C, thence westerly along the north line of Independence Street to the northeast corner of the intersection of the north line of Independence Street and the east line of Lorimier Street, thence north with the east line of Lorimier Street to the intersection of the east line of Lorimier Street with the North line extended of Themis Street, thence west with said north line and said north line extended of Themis Street to the northeast comer of the intersection of Themis Street and Fountain Street, thence with the East line of Fountain Street approximately 165 feet to the intersection of the extension of the south line of an alley between Middle and Fountain Streets and the east line of Fountain Street, thence westerly with the south line of said alley and the extension thereof approximately 276 feet to a corner on the north line of a tract of land now or formerly owned by Z & Z Investments LLC, thence south parallel with Fountain Street approximately 18 feet to a corner on the west line of said Z & Z Investments parcel, thence west parallel with the north line of Themis Street approximately 33.8 feet to the northwest corner of said Z & Z Investments Parcel, thence south approximately 14.5 feet to the southeast comer of a tract of land now or formerly owned by Tom and Karen Mogelnicki, thence with the south line of the Mogelnicki parcel and said line extended approximately 185 feet to the west line of Middle Street, thence south with the west line of Middle Street to the northwest comer of Middle Street and Themis Street, thence westerly along the north line of Themis Street to the northeast corner of the intersection of Themis Street and Frederick Street, thence North along the east line of Frederick Street a distance of 218.35 feet to the intersection of the east line of Frederick Street with the south line of an existing alley, thence westerly to a point on the west line of Frederick Street 128 feet south of the southwest comer of Broadway and Frederick Street, said point being also on the Southeast comer of a tract of land now or formerly owned by Michael L. Jackson etal, thence in a westerly direction parallel to the south line of Broadway Street 113.2 feet, to the most northerly comer of a tract of land now or formerly owned by Stephen and Julie A. Southard, thence south parallel with the west line of Frederick Street 40 feet to a point on the north line of an existing alley, thence with said north line west parallel with the south line of Broadway, 68 feet to the intersection of the north line of said alley with the east line of an existing alley, thence north with the east line of said alley, 55.50 feet to a point on the east line of said alley approximately 112.50 feet south of the south line of Broadway, thence westerly parallel with said south line of Broadway, along the north line of an existing alley and said north line extended east, a distance of 196.0 feet to a point on the east line of Sprigg Street 112.5 feet from the southeast comer of the intersection of Broadway and Sprigg Street, thence westerly 60.0 feet to a point on the west side of Sprigg Street at a point 112.0 feet southerly from the southwest corner of the intersection of Broadway and Sprigg Street, said point being also on the southeast comer of Lot 423 of Range D, thence South, with the west line of Sprigg Street, 63.5 feet, thence west, parallel with the South line of Broadway, 180.2 feet, to a point on the east line of an alley and the west line of Lot #22 of Range D, thence north, with the east line of said alley, 63.5 feet to the place of beginning; as indicated on the accompanying exhibit generated from the City of Cape Girardeau Geographic Information System. A-4 2121939%VA FIVE-YEAR PLAN FOR THE DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT The information and details outlined in the following pages represent the strategies, activities, and budgets that will be undertaken during the initial five-year duration of the Downtown Cape Girardeau Community Improvement District. It is an integral and composite part of the Petition for the Creation of the Downtown Cape Girardeau Community Improvement District. June 27, 2013 Five Year Plan Introduction Sections 67.1401 through 67.1571 of the Revised Statutes of Missouri (the "CID Act") allow municipalities to create community improvement districts ("CIDs") for the purpose of providing additional services and improvements to specific areas of the municipalities. The City of Cape Girardeau has been presented with a petition (the "Petition") for the creation of the Downtown Cape Girardeau Community Improvement District (the "District"). Section 67.1421 of the CID Act requires that the Petition be accompanied by a five-year plan which includes a description of the purposes of the proposed district, the services it will provide, the improvements it will make, and an estimate of the costs of these services and improvements to be incurred. This Five -Year Plan (the "Plan") is designed to comply with this statutory requirement, and is appended to the Petition. Section 1 District Description and Purpose A CID is an entity that is separate from the City of Cape Girardeau ("City") and is formed by the adoption of an ordinance by the Cape Girardeau City Council ("City Council") upon submittal of a petition signed by the requisite number of property owners within the proposed CID and following a public hearing before the City Council regarding formation of the proposed CID. A CID may take the form of a political subdivision of the State of Missouri, or a nonprofit corporation that is formed and operated under Missouri corporation laws. The Petition states that the District will be a political subdivision. CIDs are empowered to provide a variety of public services and to finance a number of different public improvements. The District intends to provide the hereinafter -defined District Improvements and Services. CIDs derive their revenue from taxes and assessments levied within the boundaries of the CID. Such revenues are then used for the benefit of the properties within the CID. The District intends to seek voter approval for the hereinafter -defined District Sales Tax and District Property Tax. A CID is operated and managed by a board of directors, whose members initially are named in the petition to establish the CID. For this District, board members will serve for a designated period of time, and at the expiration of each term, successors to the board positions will be appointed by the Mayor. Only owners of real property within the District or their legally authorized representatives will be eligible for appointment. Section 2 Management Plan This Plan is proposed to improve and convey special benefits to properties located within the boundaries of the District by providing certain services and improvements within the District. The District will be governed by a board of directors that will consist of seven (7) members (the "Board of Directors"), whose names and terms of office will be stated initially in the Petition, subject to appointment by the Mayor and confirmation by the City Council. District Formation: Creation of the District requires submission of signed petitions from a group of property owners: collectively owning more than fifty percent (50%) by assessed value of the real property within the District, and representing more than fifty percent (50%) per capita of all owners of real property within the District. The Petition meets these requirements. Location: The District is located generally within the downtown area of Cape Girardeau, Missouri. The District will cover approximately ninety nine point nine (99.9) acres of land, which is more particularly described in Exhibit A of the Petition. Assessed Value of District: The total assessed value of the properties within the District on the date of the Petition is $8,197,340.00. Improvements and Services: The District will assist in the funding of the following improvements and services authorized under the CID Act (the "District Improvements and Services"): District Improve nts'and Services Estimated Annual Cost CLEAN & ATTRACTIVE $119,850 Trash and Litter Pick Up (the District will contract for additional trash and litter pick up services within the District) Streetscape Maintenance (the District will fund additional landscaping, beautification and on-going maintenance of the streetsca e within the District Holiday Decorations SAFE $53,550 Security Management and Contracting (the District will contract for additional security services within the District Security Camera Incentive Program (the District will offer a cost -share grant opportunity for businesses within the District that install security cameras VIBRANT $51,000 Marketing Special Events PROFESSIONAL $30,600 Administration of District (including legal, finance, and accounting costs and representation of interests with other entities TOTAL $ 255,000 Method of Financing: Subject to voter approval, the District will impose a one-half of one percent (0.5%) sales tax (the "District Sales Tax") and $0.6708 ad valorem real property tax (the "District Property Tax"). The District intends for the ballot propositions to approve these taxes to include a twenty (20) year sunset clause, whereby the taxes will automatically expire on the 20th anniversary of their implementation (unless a subsequent election is held, at which the District's voters approve an extension to the duration of the taxes). The revenue collected from the District Sales Tax and District Property Tax will be used to fund the District Improvements and Services. Cost: The total estimated cost of the provision of District Improvements and Services, as described above, is approximately $255,000 per year. City Services: The CID Act mandates that existing City services will continue to be provided within a CID at the same level as before the District was created (unless services are decreased throughout the City) and that District Services and Improvements shall be in addition to existing City services. The District anticipates that City services will continue to be provided within the District at the same level as before the District was created, and the District will not cause the level of City services within the District to diminish. Governance: The District's budgets and policies will be refined annually, within the limitations set forth in this Plan, by the Board of Directors. The District will enter into contracts with various entities, as are necessary to provide for the District Improvements and Services. Budgets and reports will be submitted annually to the City Council for review and comment. The District will operate at all times in accordance with the District Rules and Regulations (see Section 3, below) and any Bylaws of the District adopted by the Board of Directors. Section 3 District Rules and Regulations The District shall operate at all times in accordance with Bylaws that shall be adopted by the Board of Directors. The District shall at all times conduct its proceedings in accordance with Robert's Rules of Order, except as otherwise provided in the Bylaws. 2. The District will meet on an annual or more frequent basis. The District shall hold meetings when so requested by the City. All meetings will be held in accordance with the Missouri Sunshine Law. The District will annually prepare a budget, and an annual report describing the major activities of the District during the preceding year and upcoming year. The budget shall be submitted to the City Finance Director and City Council for review and comment not less than ninety (90) days prior to the beginning of each fiscal year. Downtown Cape Girardeau Community Improvement District Properties In Proposed District Petitions Submitted December 5, 2013 PARCEL OWNER PHYSICALADDRESS PETITIONS VERIFIED PER CAPITA 21-107-00-27-00500-0000 ABBOTT TERRY L& DORI NDA LUX 39 SPANISH S 21-107-00-14-00800-0000 Abbott, Reba 101 MAIN N yes 1 21-107-00-13-00700-1002 ABOVEALL INVESTMENTS LLC 116 MAIN N UNIT 102 (Add 115) yes 21-107-00-13-00700-1004 ABOVEALL INVESTMENTS LLC 115 WATER N UNIT 104 yes 1 21-107-00-17-00900-0000 ALEXANDER DAVID & PATSY 437 BROADWAY 21-106-00-14-00100-0000 ALEXANDER DAVID & PATSY 701 BROADWAY 21-107-00-17-00300-0000 ANDERSON FAMILYTRUST 415 BROADWAY 21-107-00-25-00200-0000 ARPAD LLC 46 MAIN N yes 1 21-107-00-26-01600-0000 ATL REAL ESTATE LLC 10 SPANISH S yes 1 21-107-00-07-00500-0000 BAKER SHALON L & WILLIAMS SHANE M 219 MIDDLE N 21-107-00-19-00200-0000 BERTRAND CHARLES 1 & LISA A 609 BROADWAY 21-107-00-24-01200-0000 BERTRAND CHARLES 1 & LISA UX 26 SPANISH N 21-106-00-03-00600-0000 BOARD OF REGENTS 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Bank &Trus) 440 BROADWAY yes 1 21-107-00-37-00200-0000 THOMAS CRAIG R & ELIZABETH L UX 124 SPANISH S 21-107-00-26-01200-0000 THOMPSON CATHARINE A 117 INDEPENDENCE yes 1 21-107-00-06-01300-0000 THOMPSON JANA B & RANDY 210 SPRIGG N 21-106-00-01-00602-0000 THOMPSON JANA B & RANDY 213 SPRIGG N 21-106-00-01-00601-0000 THOMPSON JANA B & RANDY 215 SPRIGG N 21-107-00-26-01000-0000 THROWER CHARLES F III & MISTY D UX 24 SPANISH S yes 1 21-107-00-24-00900-0000 TOMASINO GUY & RENE UX 1 MAIN N 21-107-00-13-00500-0000 TOMASINO GUY & RENE UX 127 WATER N 21-107-00-25-01000-1004 TOMASINO RENE 20 MAIN N-CAREA2ND FLOOR 21-107-00-25-01000-1003 TOMASINO RENE 20 MAIN N -COMMON AREA 21-107-00-25-01000-1000 TOMASINO RENE 20 MAIN N -COMMON GROUND 21-107-00-25-01000-1001 TOMASINO RENE 20 MAIN N -UNIT 1 IST FLOOR 21-107-00-25-01000-1005 TOMASINO RENE 20 MAIN N - UNIT 1 2ND FLOOR 21-107-00-25-01000-1007 TOMASINO RENE 20 MAIN N - UNIT 3 2ND FLOOR 21-107-00-25-01000-1008 TOMASINO RENE 20 MAIN N - UNIT 42ND FLOOR 21-107-00-25-01000-1009 TOMASINO RENE 20 MAIN N - UNIT 5 2ND FLOOR 21-107-00-25-01000-1010 TOMASINO RENE 20 MAIN N - UNIT 6 2ND FLOOR 21-107-00-25-01000-1011 TOMASINO RENE 20 MAIN N - UNIT 7 2ND FLOOR 21-107-00-25-01000-1006 TOMASINO RENE 20 NORTH MAIN, Unit 2 & Storage, 2nd floor 21-107-00-25-01000-1012 TOMASINO RENE 20 NORTH MAIN, Unit 8, 2nd Floor 21-107-00-25-01000-1002 TOMASINO RENE 20 NORTH MAIN,Unit 2 & Storage, 1st floor 21-107-00-18-00100-0000 Trinity Lutheran Church 100-501 FREDERICK/ BROADWAY ST yes 1 21-107-00-19-00300-0000 TRIPLE L HOLDINGS LLC 611 BROADWAY yes 1 21-107-00-19-01500-0000 TRIPLE L HOLDINGS LLC 621 BROADWAY 21-106-00-04-00600-0000 TURLEY WAYNE & KAREN A UX 1107 BROADWAY 21-107-00-13-00700-1003 VAUGHT KEVIN A & CHRISTINA UX 115 WATER N UNIT 103 21-107-00-13-00700-1000 VOLLINK DEVELOPMENT LLC 115 WATER N 21-107-00-07-00900-0000 WARD FRANK&JAQUELINE 514 BROADWAY 21-106-00-03-01200-0000 WARD FRANK A & GWENDOLYN G 1032 BROADWAY 21-106-00-14-01900-0000 WELCH JERRY W & TERRIE L UX 735 BROADWAY yes 1 21-107-00-12-00100-0000 WELGE DONALD E 220 MAIN N 21-107-00-01-00100-0000 WELGE DONALD E 300 MAIN N 21-106-00-14-00600-0000 WENSKAY CARL W & LORI A UX 715 BROADWAY 21-107-00-24-01300-0000 WERNER RICKY 36 SPANISH N 21-107-00-27-00700-0000 WHITLOW ROSANNA 220 MERRIWETHER yes 1 21-107-00-14-00500-0000 WIBBENMEYER SEAN & WIBBENMEYER C 111 MAIN N 21-107-00-24-00600-0000 WILBURN GLENN & KAREN VANITA UX 19 MAIN N no 21-107-00-26-01100-0000 Williams Family Investments, Inc. 111 Independence yes 1 21-107-00-19-00100-0000 WOODSJANET& JACKSON MICAHEL L El 605 BROADWAY yes 1 21-107-00-15-01400-0000 WYMAN JOHN P & JERRIANNE M UX 22 LORIMIER N yes 1 21-107-00-14-00102-0000MEAGER MICHAEL E & SHERRYA UX 127 MAIN N yes 1 21-106-00-14-01500-0000 YOUNG EMMETT& MARION 721 BROADWAY 21-107-00-24-00400-0000 IZICKFIELD ZONA M TRUST 29 MAIN N yes 1 21-107-00-09-02000-0000 IZIMMER PROPERTIES LLC I OBROADWAY yes 21-107-00-09-00900-0000 IZIMMER PROPERTIES LLC I 318 BROADWAY yes 1 21-107-00-09-01900-0000 IZIMMER PROPERTIES LLC 0 FOUNTAIN N yes Total $5,478,470.00 95 Percent of Assessed Value & Per Capita 64.35% 52.78% Property In District/Petitions Submitted 272 Properties 183 Property Owners Property In District/Petitions Veritifed by City Clerk 03-04-14 268 Properties 180 Property Owners Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with the Salvation Army for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute an agreement to provide Emergency Solutions Grant funds to the Salvation Army. BACKGROUND/DISCUSSION The City was recently awarded an Emergency Solutions Grant from the Missouri Housing Development Commission (MHDC). The City requested $200,000 in funds to be used by the Salvation Army, the Safe House for Women, Inc., the Catholic Charities of Southern Missouri, and the Community Caring Council (including funds for administrative services by the City). The City was awarded $106,888.90 in grant funds. MHDC approved $4,799.90 in funds for the Salvation Army, $48,500 for the Catholic Charities of Southern Missouri, $48,500 in funds for the Community Caring Council, and $5,089 in funds for administrative services. No funds were approved for the Safe House for Women, Inc. Attached is an agreement between the City and the Salvation Army which contains the terms under which the grant funds will be disbursed. The funds will be used for Street Outreach (Essential Services). As a condition of the grant, the Salvation Army will be required to contribute a 100% match ($4,799.90). The Salvation Army will be responsible for administering its program in accordance with the terms of the agreement. The City has received this grant (formerly called the Emergency Shelter Grant) every year for the past 23 years. This will be the twenty-second year the City provides funds to the Salvation Army. Resolutions authorizing the execution of agreements with the Catholic Charities of Southern Missouri and the Community Caring Council are also on this agenda as a separate items. FINANCIAL IMPACT A 100% match is required for the administrative portion of the grant ($5,089), which covers the Salvation Army, the Catholic Charities of Southern Missouri, and the Community Caring Council programs. The City will share this cost with the County. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The grant funds are used to support the operations of the Salvation Army, allowing continued and improved services for its residents. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the execution of an agreement with the Salvation Army for Emergency Solutions Grant funds. ATTACHMENTS: Name: Description: ❑ Salvation _Army-Emer.Sol. Grant. 2014. doc Salvation Army Res ❑ ESG Agreement -Salvation Army 3-10-14.0 Esg Agreement Aslvation Army BILL NO. 14-39 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY, FOR EMERGENCY SOLUTIONS GRANT FUNDS FROM THE MISSOURI HOUSING DEVELOPMENT COMMISSION 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 an Agreement with the Salvation Army, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this day of , 2014 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and the Salvation Army (hereinafter "Salvation Army'). WITNESSETH: WHEREAS, the City has received Emergency Solutions Grant Funds from the Missouri Housing Development Commission; and WHEREAS, the Salvation Army has submitted a proposal to provide services to the homeless of Cape Orardeau County, which has been approved by the Missouri Housing Development Commission. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Salvation Army agrees as follows: 1. The Salvation Army will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Salvation Army will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Salvation Army, the City will reimburse the Salvation Army for all costs, not to exceed Four Thousand Seven Hundred Ninety-nine Dollars and Ninety Cents ($4,799.90) incurred in providing services as outlined in the Salvation Army proposal. In no event shall the Salvation Army be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency solution grant. 4. Services provided under this agreement shall be completed no later than March 31, 2015. 5. The Salvation Army agrees to comply with federal regulations applicable to Emergency Solutions Grant projects, including, but not limited to: conflict of 1 interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition. 6. The Salvation Army agrees to cooperate with City in the City's compliance with all provisions of its Emergency Solutions Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of the payment of operational costs for emergency shelters pursuant to the Emergency Solutions Grant Program, the Salvation Army: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. 2 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their properly authorized representatives. ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W. Eric Cunningham, City Attorney 3 CITY OF CAPE GIRARDEAU Scott A. Meyer City Manager SALVATION ARMY (Typed Name & Title of Signer) ;var;grty Dignity, Quaa4l of Life `11SSOURI HOUSING DEVELOPMENT COMMISSION Jeremiah W. (Jay) Nixon Governor, Peter Kinder Lieutenant Governor Clint Zweifel State Treasurer Chris Koster Attorney General Jeffrey S. Bay Chairman Troy L. Nash Vice Chairman,; David B. Cosgrove Secretary -Treasurer Greg L. Roberts Commissioner Kip Stetzler Interim Executive Director Kansas City 3435 Broadway Kansas City, MO 64111 816-759-6600 Fax 816-759-6828 St. Louis 4625 Lindell, Suite 300 St. Louis, MO 63108 314-877-1350 Fax 314877-1360 RECEIVED �ov)sio� o� ���r�r�Yyc W s ©,,kr �' 0-adr9! February 18, 2014 City of Cape Girardeau Stephan Williams 401`ltidependence Street - Cape Girardeau, MO 63703 RE: 2014 Emergency Solutions Grant Application ESG Grant Number: 14-755-E Grant Award: $106,888.90 Dear Mr. Stephan Williams, Your application requesting funds from the 2014 Emergency Solutions Grant Program has been approved in the amount of $106,888.90 for the following, contingent upon receipt of final approval by MHDC from MHDC's Board of Commissioners: Street Outreach $4,799.90 Engagement Essential Services Emergency Shelter Essential Services Operations Homeless Prevention $48,500.00 Financial Assistance Services TBRA PBRA Rapid Re -Housing $48,500.00 Financial Assistance Services TBRA PBRA HAUS Administration $5,089.00 MANDATORY trainings will occur next week; at that time your agency will receive the grant agreement and all corresponding paperwork for your 2014 Emergency Solutions Grant Program. Williams, Steve From: Julie Peacock Upeacock@mhdc.com] Sent: Wednesday, February 26, 2014 12:21 PM To: Williams, Steve Subject: FW: FY2014 ESG Funding Award Grantee: City of Cape Girardeau Total Award: $106,888.90 Administration: $5,089.00 Sub -Grantee: The Salvation Army Street Outreach - $4,799.90 Essential Services $4,799.90 Engagement Sub -Grantee: Community Caring Council Rapid Re -Housing $48,500.00 Financial Assistance $3,500.00 Services $17,660.00 TBRA $27,340.00 PBRA Sub -Grantee: Catholic Charities of SouthernMissouri Homelessness Prevention $48,500.00 Financial Assistance - $8,000.00 Services -$9,130.00 TBRA $31,370.00 PBRA Thank you and let me know if you have any further questions, Julie Julie Peacock 1 RIDER A ATTACHED TO AND MADE A PART OF EMERGENCY SOLUTIONS GRANT HOUSING SERVICES GRANT AGREEMENT GRANT No. 14-755-E PROGRAM COMPONENT: STREET OUTREACH Additional Representations, Covenants and Warranties by Grantee: - 1. Grantee agrees that use of HM IS or a comparable database required under this Agreement. 2. Grantee agrees to submit the following properly completed documents to MHDC prior to the distribution of any ESG Funds: a. Executed Grant Agreement including all exhibits, riders and attachments b. Affidavit of Workforce Eligibility C. MOU from E -Verify d. Authorization Agreement for Pre -Payments with voided check (ESG-200) e. Authorized Signature Card (ESG-201) - f. Certificate of Insurance g. Program Staffing Form (FSG -108) h. W9 L Site Contact Form (ESG-203) ). Data Collection Form (ESG-202) 3. Grantee agrees to collect, create or cause to be created, keep, and maintain records, which records shall be stored and kept by Grantee pursuant to MHDC and DSS policies as well as ESG Interim Rule Subpart F -Grant Administration 24 CFR 576.500 (Recordkeeping and Reporting Requirements). Required records shall be subject to Monitoring Activities and shall include, but are not limited to, the following categories of documents: a. Written Policies and Procedures for the administration of the ESG Program b. Homeless or At -Risk of Homelessness Status documentation (ESG-213) C. Determination of eligibility or Ineligibility for ineligible program participants (ESG-211) d. Verification of amount of assistance, date and to wham paid e. Identification of all assistance by type, amount, and provider f. Documentation of the number of individuals in the household - g. Consent form stating that MHDC has the right to review client files and contact clients directly during the audit process, signed by client and agency representative (must use form ESG-209) h. HMIS or comparable database consent form. i. A detailed list of what ESG funds were used for (i.e. salaries, benefits, office supplies) j. Verification of receipts and/or invoices copies of checks k. Pay period dates and a copy of pay stubs if funds used for salaries I. Proof of Social Security number for all salary payments 4. Grantee agrees that Eligible Expenses will be limited to the costs incurred by Grantee to provide Housing5ervices as follows and further detailed in 24 CFR Parts 91 and 576: • Street Outreach • Administration - EXHIBIT 5 REQUIRED TERMS AND CONDITIONS FOR SUB -GRANT AGREEMENTS Grantee is encouraged to ensure that any sub -grant agreements entered into with sub - grantees obligate such sub -grantees to the same terms and conditions to which Grantee is bound under this Agreement. While the Grantee generally has the autonomy to negotiate the terms and conditions of any such sub -grant agreements, MHDC does require that, prior to entering into any sub - grant agreement with any sub -grantee, the Grantee must ensure that all of the sub - grant agreement incorporates the following terms and conditions: Either party shall have the right to terminate the sub -grant agreement upon sixty (60) days advance written notice. The grantee represents and warrants to the grantor that the grantee has fully disclosed all conflicts of interest and potential conflicts of interest with individuals or entities that may benefit from the ESG Funds awarded to the grantee under this agreement, including any individuals or entities having an Identity of Interest, as defined on Rider B attached hereto and made a part hereof ('Identity of Interest'), with the grantee that may be involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor in the event that any Identity of Interest arises with any individual or entity involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor of any change in the sponsorship, principals or management of grantee. Changes in sponsorship, principals or management of grantee's organization shall render grantee ineligible to receive any ESG funds whatsoever hereunder unless and until such changes are fully disclosed to grantor and such changes are approved in writing by grantor. Grantee shall track, account for and report ESG funds separately from all other funds. The grantee is advised that misuse of ESG funds may result in a range of penalties including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies advanced under this agreement, and civil and/or criminal penalties. Grantee shall keep an accurate inventory and depreciation schedule for all assets, equipment, computer equipment, software and other real and personal property purchased with ESG Funds when such purchases equal or exceed EX 5-1 $5,000. The inventory shall also include specific information as to the disposition of all assets that have been transferred, sold or otherwise disposed of, the manner of the disposition, the consideration received for the disposal of the assets and the reason therefore. Any assets purchased with ESG Funds shall be utilized solely for the purpose of carrying out the Housing Services. Grantee will comply with the applicable provisions of 24 CFR Parts 91.5 and 576.2. Grantee will provide services in a manner consistent with the requirements of: - The HUD ESG Program grant which can be found at the following website: https://www.onecpd.info/esg/ - Missouri's FY 2011 ESG Substantial Amendment which can be found at the following website: http://dss.mo.goy/fsd/esg/pdf/missouri- emergency-solutions-grant-program-substantial-amendment.pdf and - Missouri's ESG component of the FY 2012 Consolidated Plan Grantee will maintain compliance with all requirements identified in 24 CFR 576.203. The ESG funds provided under this agreement shall be used solely for the purpose of providing services to persons, families or households with incomes within the income limits described in the Federal Emergency Solutions Grant Interim Rule at 24 CFR Parts 91 and 576. Grantee shall only provide ESG services to persons, families or households residing within the State of Missouri. Grantee acknowledges and agrees that the Missouri Housing Development Commission ("MHDC") as the administrator of the ESG program for the State of Missouri will have the right, in its discretion to conduct site visits of grantee to ensure grantee is in compliance with the terms and conditions of the ESG program. As such, grantee agrees that it will open all books and records to MHDC related to its performance of ESG services under this agreement and will accommodate and cooperate with MHDC on any site visits MHDC may which to conduct with grantee including all site visits which MHDC may elect to conduct subsequent to the termination or expiration of this agreement. Grantee must keep and maintain all records related to the ESG program until the later of (i) the date upon which all audit findings (if applicable) have been resolved to the satisfaction of grantor and/or MHDC, or (ii) the date which is seven (7) years from and after the date of the last disbursement or delivery of ESG funds to grantee. EX 5-2 Grantee shall enroll in and actively use the E -Verify program (or other approved federal work authorization program) administered by the U.S. Department of Homeland Security, and shall provide evidence of its participation to grantor in such form as grantor may require. Grantee shall comply with all federal, state and local laws prohibiting discrimination in housing on the grounds of any legally protected status including but not limited to'race; color, religion, national origin, age, sex, gender, sexual orientation, disability, familial status, or veteran status. Grantee shall disclose to grantor all allegations of discrimination under Title VI of the 1964 Civil Rights Act, as amended, and under Title VIII of the 1968 Civil Rights Act, as amended, commonly known as the Fair Housing Act of 1968. Such disclosure shall be made in writing within fifteen (15) days of the receipt of such allegation. In the event the grantee is a not-for-profit agency, grantee board members must abstain from voting on any funding proposal relating to this Agreement, in which they have administrative control or a monetary interest. Board members who have such an interest and participate in discussion prior to a vote must disclose such interest in a meeting of the board prior to such discussion. In accordance with state and federal laws and regulations, state executive order or regulations, the grantee certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with its performance of the ESG services. The grantee further agrees that no person having such interest shall be employed or conveyed an interest, directly or indirectly, in this agreement. The grantee shall comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, any other federal and state laws, rules, regulations and executive orders to the extent that these may be applicable. The grantee shall only utilize personnel who are appropriately qualified and licensed or certified, as required by state, federal or local law, statute or regulation, respective to the services to be provided through this agreement, and shall provide documentation of such licensure or certification upon request. Grantee shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A. - If the grantee is found to be in violation of this requirement of the applicable state, federal and local laws and regulations, and if the State of EX 5-3 Missouri has reasonable cause to believe that the grantee has knowingly employed individuals who are not eligible to work in the United States, grantor shall have the right to cancel the agreement immediately without penalty or recourse. In addition, the Missouri Housing Development Commission ("MHDC") shall have the right to suspend or debar the grantee from doing business with MHDC (whether in the capacity as a direct grantee or as a sub -grantee of funds administered by MHDC). The grantee shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies. The grantee certifies by signing this agreement that any amendment signature page(s) that neither the grantee, nor any of its principals (owners, directors and others as defined by 45 CFR Part 76) are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under any state or federal assistance programs. - In the event the grantee or any of its principals become suspended or debarred during the term of this agreement, the grantee shall immediately send written notification to grantor. - Suspension or debarment of the grantee, or failure by the grantee to provide written notification of such suspension or debarment to grantor, may result in immediate termination of this agreement, the required repayment of any ESG Funds disbursed to grantee after such time as the grantee was first obligated to provide notice hereunder, and any other actions as grantor may deem appropriate in its discretion. The grantee is determined a sub -recipient of funding for the Emergency Solutions Grant. Under this designation, the grantee shall comply with the requirements of OMB Circular A-133. The grantee shall make all reports prepared in accordance with the requirements of OMB Circular A-133 available for inspection by representatives of grantor, MHDC or DSS during normal business hours. The grantee shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to this Agreement. These include, but are not limited to: - Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which EX 5-4 prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities; Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. § 206 (d)); Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) which.prohibit discrimination on the basis of disabilities; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101-6107) which prohibits discrimination on the basis of age; Equal Employment Opportunity - E.O. 11246, "Equal Employment Opportunity", as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity"; The Pro -Children Act of 1994 (PL 103-227) regarding environmental tobacco smoke; Missouri State Regulation, 19 CSR 10-2.010, Civil Rights Requirements; Missouri Governor's E.O. #94-03 (excluding article II due to its repeal); Missouri Governor's E.O. #05-30; and The requirements of any other nondiscrimination federal_ and state statutes, regulations and executive orders which may apply to the services provided under the agreement. Pursuant to 24 CFR 576.405, the grantee shall ensure participation of homeless persons in policy-making and operations of the program. Pursuant to 24 CFR 576.406, the grantee shall ensure that religious or faith - based organizations are eligible for program participation on the same basis as any other non-profit organization. - The grantee shall ensure that participating faith -based organizations do not engage in inherently religious activities, such as worship, religious instruction or prose lytization as a part of programs or services funded under the ESG programs. - In the event a faith -based organization conducts inherently religious activities, such activities must be offered separately in time or location from the programs or services funded under the ESG program and participation in these programs must be voluntary for clients and not a condition for participation in the ESG. Grantee must ensure that each client served under the ESG program signs a form to be retained in the client's file indicating that the client has been made aware that he/she is not obligated to participate in or otherwise attend any religious services or other activities as a condition of receiving assistance under the ESG program. 1014mi Faith -based or religious organizations may carry out their missions, including the definition, practice and expression of religious beliefs, provided that no ESG funds or Housing Opportunities for Persons with AIDS (HOPWA) funds are used to support any inherently religious activities. Organizations may use space in their facilities to provide ESG services without removing religious art, icons, scriptures or other religious symbols. Faith -based and religious organizations may not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. In the event a faith -based grantee receives non-ESG funding from its ESG funder to supplement its ESG activities, the faith -based grantee shall have the option to segregate or co -mingle these funds. In the event such funds are co -mingled, all requirements of paragraph 3.8.4 shall apply to all such co -mingled funds. Pursuant to 24 CFR 576.407(b), the grantee shall ensure that it utilizes affirmative outreach as required herein. The grantee must make known that use of the facilities, assistance, and services are available to all on a non-discriminatory basis regardless of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services. The grantee must take appropriate steps to ensure effective communication and accessibility to persons with disabilities. Consistent with Title VI and Executive Order 13166, the grantee must ensure meaningful access to persons with limited English proficiency (LEP). The grantee shall comply with: - environmental review responsibilities required pursuant to 24 CFR 50 for any ESG-funded activities; - section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, regarding procurement of recovered materials; - the Uniform Relocation Assistance And Real Property Acquisition Policies Act of 1970 (URA) 42 USC 4601-4655, 49 CFR part 24, 42 USC 3601, and section 504 of the Rehabilitation Act (29 USC 794) regarding displacement, relocation, acquisition, and appeals (CFR 576.408); and - requirements of 24 CFR Parts 5, 200, 203, 236,400, 570, 574, 882, 891, and 982 regarding equal access to housing in HUD programs regardless of sexual orientation, gender identity, or marital status. EX 5-6 The grantee shall comply with the requirements of the Single Audit Act Amendments of 1996 (P.L.104-156) and Circular A-133, including subsequent amendments or revisions, as applicable or 2 CFR 215.26 as it relates to for-profit hospitals and commercial organizations. A copy of any audit report shall be sent to MHDC, upon MHDC's request. The grantee shall return to grantor any funds disallowed in an audit of this Agreement. If the grantee is a sub -recipient as defined in OMB Circular A-133, Section 210, the grantee shall comply with all applicable implementing regulations, and all other laws, regulations and policies authorizing or governing the use of any federal funds paid to the grantee through this agreement. In performing its responsibilities under this agreement, the grantee shall fully comply with the following Office of Management and Budget (OMB) administrative requirements and cost principles, as applicable, including any subsequent amendments: - Uniform Administrative Requirements: A-102 - State/Local Governments; 2 CFR Part 215 - Hospitals, Colleges and Universities, For -Profit Organizations (if specifically included in federal agency implementation), and Not -For -Profit Organizations (OMB Circular A-110); and - Cost Principles: 2 CFR Part 225, State/Local Governments (OMB Circular A-87); A-122 - Not -For -Profit Organizations; A-21- Colleges and Universities; 48 CFR Part 31, For -Profit Organizations; 45 CFR Part 74, Appendix E — Hospitals. The grantee shall comply with 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions. No funds under this agreement shall be used to pay the salary or expenses of the grantee, or agent acting for the grantee, to engage in any activity designed to influence legislation or appropriations pending before the United States Congress or Missouri General Assembly. The grantee shall comply with all requirements of 31 U.S.C. § 1352 which is incorporated herein as if fully set forth. The grantee shall submit to grantor, when applicable, Disclosure of Lobbying Activities reporting forms. EX 5-7 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with the Community Caring Council for Emergency Solution Grant Funds from the Missouri Housing Development Commission. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute an agreement to provide Emergency Solutions Grant funds to the Community Caring Council. BACKGROUND/DISCUSSION The City was recently awarded an Emergency Solutions Grant from the Missouri Housing Development Commission (MHDC). The City requested $200,000 in funds to be used by the Salvation Army, the Safe House for Women, Inc., the Catholic Charities of Southern Missouri, and the Community Caring Council (including funds for administrative services by the City). The City was awarded $106,888.90 in grant funds. MHDC approved $4,799.90 in funds for the Salvation Army, $48,500 for the Catholic Charities of Southern Missouri, $48,500 in funds for the Community Caring Council, and $5,089 in funds for administrative services. No funds were approved for the Safe House for Women, Inc. Attached is an agreement between the City and the Community Caring Council which contains the terms under which the grant funds will be disbursed. The funds will be used for Rapid Re -Housing (Housing Relocation and Tenant Based Rent). As a condition of the grant, the Community Caring Council will be required to contribute a 100% match ($48,500). The Community Caring Council will be responsible for administering its program in accordance with the terms of the agreement. The City has received this grant (formerly called the Emergency Shelter Grant) every year for the past 23 years. This will be the second time the City provides funds to the Community Caring Council. The Rapid Re - Housing Grant has now been combined with the Emergency Shelter Grant to form the new Emergency Solutions Grant. Resolutions authorizing the execution of agreements with the Salvation Army and the Catholic Charities of Southern Missouri are also on this agenda as separate items. FINANCIAL IMPACT A 100% match is required for the administrative portion of the grant ($5,089), which covers the Salvation Army, the Catholic Charities of Southern Missouri, and the Community Caring Council programs. The City will share this cost with the County. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The grant funds are used to support the operations of the Community Caring Council, allowing continued and improved services for its residents. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the execution of an agreement with the Community Caring Council for Emergency Solutions Grant funds. ATTACHMENTS: Name: Description: ❑ Community Caring_Council-Emer.Sol.Grant.2014.doc Community Caring Council Res ❑ Agreement_ Community caring_ council 3-10-14.0f ESG Agreement Community Caring Council BILL NO. 14-40 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COMMUNITY CARING COUNCIL, FOR EMERGENCY SOLUTIONS GRANT FUNDS FROM THE MISSOURI HOUSING DEVELOPMENT COMMISSION 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 an Agreement with the Community Caring Council, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk ETC] :7=1 =1J,I=1J11111 THIS AGREEMENT, made and entered into this day of , 2014 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and the Community Caring Council (hereinafter "Community Caring Council'). WITNESSETH: WHEREAS, the City has received Emergency Solutions Grant Funds from the Missouri Housing Development Commission; and WHEREAS, the Community Caring Council has submitted a proposal to provide services to the homeless of Cape Girardeau County, which has been approved by the Missouri Housing Development Commission. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Community Caring Council agrees as follows: 1. The Community Caring Council will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Community Caring Council will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Community Caring Council, the City will reimburse the Community Caring Council for all costs, not to exceed Forty -Eight Thousand Five Hundred Dollars and No Cents ($48,500.00) incurred in providing services as outlined in the Community Caring Council proposal. In no event shall the Community Caring Council be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency solution grant. 4. Services provided under this agreement shall be completed no later than March 31, 2015. 5. The Community Caring Council agrees to comply with federal regulations applicable to Emergency Solutions Grant projects, including, but not limited 1 to: conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition. 6. The Community Caring Council agrees to cooperate with City in the City's compliance with all provisions of its Emergency Solutions Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of the payment of operational costs for emergency shelters pursuant to the Emergency Solutions Grant Program, the Community Caring Council: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. 2 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their properly authorized representatives. ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W. Eric Cunningham, City Attorney 3 CITY OF CAPE GIRARDEAU Scott A. Meyer City Manager COMMUNITY CARING COUNCIL (Typed Name & Title of Signer) vtrenyth, Dignity, QUUPi V oflJje `11SSOURi HOUSING DEVELOPME14T COMMISSION Jeremiah W. (Jay) Nixon Governor Peter Kinder Lieutenant Governor Clint Zweifel State Treasurer Chris Koster Attorney General Jeffrey S. Bay Chairman Troy L. Nash Vice Chairman David B. Cosgrove Secretary -Treasurer Greg L. Roberts Commissioner Kip Stetzler Interim Executive Director Kansas City 3435 Broadway Kansas City, MO 64111 816-759-6600 Fax 816759-6828 St. LOUIS 4625 Lindell, Suite 300 St. Louis, MO 63108 314-877-1350 Fax 314-877-1360 RECEIVED DiV1S111 OF l> PJi l; %P _ '; 9-dr9li February 18, 2014 City of Cape Girardeau Stephan Williams 401 Independence Street Cape Girardeau, MO 63703 RE: 2014 Emergency Solutions Grant Application ESG Grant Number: 14-755-E Grant Award: $106,888.90 Dear Mr. Stephan Williams, Your application requesting funds from the 2014 Emergency Solutions Grant Program has been approved in the amount of $106,888.90 for the following, contingent upon receipt of final approval by MHDC from MHDC's Board of Commissioners: Street Outreach $4,799.90 Engagement Essential Services Emergency Shelter Essential Services Operations Homeless Prevention $48,500.00 Financial Assistance Services TBRA PBRA Rapid Re -Housing $48,500.00 Financial Assistance Services TBRA PBRA HMIS Administration $5,089.00 MANDATORY trainings will occur next week; at that time your agency will receive the grant agreement and all corresponding paperwork for your 2014 Emergency Solutions Grant Program. Williams, Steve From: Julie Peacock Upeacock@mhdc.com] Sent: Wednesday, February 26, 2014 12:21 PM To: Williams, Steve Subject: FW: FY2014 ESG Funding Award Grantee: City of Cape Girardeau Total Award: $106,888.90 Administration: $5,089.00 Sub -Grantee: The Salvation Army Street Outreach . $4,799.90 Essential Services $4,799.90 Engagement Sub -Grantee: Community Caring Council Rapid Re -Housing $48,500.00 Financial Assistance $3,500.00 Services - $17,660.00 TBRA $27,340.00 PBRA Sub -Grantee: Catholic Charities of Southern Missouri Homelessness Prevention $48,500.00 Financial Assistance $8,000.00 Services $9,130.00 TBRA $31,370.00 PBRA Thank you and let me know if you have any further questions, Julie Julie Peacock 1 F1, 1 M1.1 ATTACHED TO AND MADE A PART OF EMERGENCY SOLUTIONS GRANT HOUSING SERVICES GRANT AGREEMENT GRANT No. 14-755-E PROGRAM COMPONENT: RAPID RE -HOUSING Additional Representations, Covenants and Warranties by Grantee: 1. Grantee agrees that use of HMIS or a comparable database required under this Agreement. 2. Grantee agrees to submit the following properly completed documents to MHDC prior to the distribution of any ESG Funds: a. Executed Grant Agreement including all exhibits, riders and attachments b. Affidavit of Workforce Eligibility C. MOU from E -Verify d. Authorization Agreement for Pre -Payments with voided check (ESG-200) e. Authorized Signature Card (ESG-201) f. Certificate of Insurance g. Program Staffing Form (ESG-108) h. W9 L Site Contact Form (ESG-203) j. Data Collection Form (ESG-202) 3. Grantee agrees to collect, create or cause to be created, keep, and maintain records, which records shall be stored and kept by Grantee pursuant to MHDC and DSS policies as well as ESG Interim Rule Subpart F -Grant Administration 24 CFR 576.500 (Recordkeeping and Reporting Requirements). Required records shall be subject to Monitoring Activities and shall include, but are not limited to, the following categories of documents: a. Written Policies and Procedures for the administration of the ESG Program b. Verification of recipient's name, address, and telephone number (proof of residence) C. Homeless or At -Risk of Homelessness Status documentation (ESG-213) d. Determination of eligibility or ineligibility for ineligible program participants (ESG-211) e. Income verification for each program participant who receives homelessness prevention or rapid re -housing assistance longer than one year f. Copy if income guidelines used to determine eligibility g. Habitability standards and inspections if applicable (ESG-216) h. Rent reasonableness (ESG-217) i. Fair Market Rent documentation j. Receipt of ESG assistance completed by participants (ESG-212) k. Verification of amount of assistance, date and to whom paid I. Identification of all assistance by type, amount, and provider m. Lease requirement between participant and landlord n. Rental Assistance agreement between the non-profit agency and the owner/manager or the rental property if providing rental assistance 0. Verification of name, address and telephone number of landlord or mortgage lender p. Supporting documentation showing proof of need (i.e. eviction notice, utility shut off) q. Photo Identification for members of the household at and over the age of 18 r. Social Security cards or proof of Social Security numbers for all members of the household S. Documentation of the number of individuals in the household t. Consent form stating that MHDC has the right to review client files and contact clients directly during the audit process, signed by client and agency representative (must use form ESG-209) U. HMIS or comparable database consent form. V. A detailed list of what ESG Funds were used for (i.e. salaries, benefits, office supplies) w. Verification of receipts and/or invoices copies of checks X. Pay period dates and a copy of pay stubs if funds used for salaries y. Proof of Social Security number for all salary payments 4. Grantee agrees that Eligible Expenses will be limited to the costs incurred by Grantee to provide Housing Services as follows and further detailed in 24 CFR Parts 91 and 576: • Rapid Re -housing • Administration EXHIBIT 5 REQUIRED TERMS AND CONDITIONS FOR SUB -GRANT AGREEMENTS Grantee is encouraged to ensure that any sub -grant agreements entered into with sub - grantees obligate such sub -grantees to the same terms and conditions to which Grantee is bound under this Agreement. While the Grantee generally has the autonomy to negotiate the terms and conditions of any such sub -grant agreements, MHDC does require that, prior to entering into any sub - grant agreement with any sub -grantee, the Grantee must ensure that all of the sub - grant agreement incorporates the following terms and conditions: Either party shall have the right to terminate the sub -grant agreement upon sixty (60) days advance written notice. The grantee represents and warrants to the grantor that the grantee has fully disclosed all conflicts of interest and potential conflicts of interest with individuals or entities that may benefit from the ESG Funds awarded to the grantee under this agreement, including any individuals or entities having an Identity of Interest, as defined on Rider B attached hereto and made a part hereof ("Identity of Interest"), with the grantee that may be involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor in the event that any Identity of Interest arises with any individual or entity involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor of any change in the sponsorship, principals or management of grantee. Changes in sponsorship, principals or management of grantee's organization shall render grantee ineligible to receive any ESG funds whatsoever hereunder unless and until such changes are fully disclosed to grantor and such changes are approved in writing by grantor. Grantee shall track, account for and report ESG funds separately from all other funds. The grantee is advised that misuse of ESG funds may result in a range of penalties including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies advanced under this agreement, and civil and/or criminal penalties. Grantee shall keep an accurate inventory and depreciation schedule for all assets, equipment, computer equipment, software and other real and personal property purchased with ESG Funds when such purchases equal or exceed EX 5-1 $5,000. The inventory shall also include specific information as to the disposition of all assets that have been transferred, sold or otherwise disposed of, the manner of the disposition, the consideration received for the disposal of the assets and the reason therefore. Any assets purchased with ESG Funds shall be utilized solely for the purpose of carrying out the Housing Services. Grantee will comply with the applicable provisions of 24 CFR Parts 91.5 and 576.2. Grantee will provide services in a manner consistent with the requirements of: - The HUD ESG Program grant which can be found at the following website: https://www.onecpd.info/esg - Missouri's FY 2011 ESG Substantial Amendment which can be found at the following website: http://dss.mo.gov/fsd/esg/pdf/missouri- emergency-solutions-grant-program-substantial-amendment.pdf; and - Missouri's ESG component of the FY 2012 Consolidated Plan Grantee will maintain compliance with all requirements identified in 24 CFR 576.203. The ESG funds provided under this agreement shall be used solely for the purpose of providing services to persons, families or households with incomes within the income limits described in the Federal Emergency Solutions Grant Interim Rule at 24 CFR Parts 91 and 576. Grantee shall only provide ESG services to persons, families or households residing within the State of Missouri. Grantee acknowledges and agrees that the Missouri Housing Development Commission ("MHDC") as the administrator of the ESG program for the State of Missouri will have the right, in its discretion to conduct site visits of grantee to ensure grantee is in compliance with the terms and conditions of the ESG program. As such, grantee agrees that it will open all books and records to MHDC related to its performance of ESG services under this agreement and will accommodate and cooperate with MHDC on any site visits MHDC may which to conduct with grantee including all site visits which MHDC may elect to conduct subsequent to the termination or expiration of this agreement. Grantee must keep and maintain all records related to the ESG program until the later of (i) the date upon which all audit findings (if applicable) have been resolved to the satisfaction of grantor and/or MHDC, or (ii) the date which is seven (7) years from and after the date of the last disbursement or delivery of ESG funds to grantee. EX 5-2 Grantee shall enroll in and actively use the E -Verify program (or other approved federal work authorization program) administered by the U.S. Department of Homeland Security, and shall provide evidence of its participation to grantor in such form as grantor may require. Grantee shall comply with all federal, state and local laws prohibiting discrimination in housing on the grounds of any legally protected status including but not limited to race, color, religion, national origin, age, sex, gender, sexual orientation, disability, familial status, or veteran status. Grantee shall disclose to grantor all allegations of discrimination under Title VI of the 1964 Civil Rights Act, as amended, and under Title VIII of the 1968 Civil Rights Act, as amended, commonly known as the Fair Housing Act of 1968. Such disclosure shall be made in writing within fifteen (15) days of the receipt of such allegation. In the event the grantee is a not-for-profit agency, grantee board members must abstain from voting on any funding proposal relating to this Agreement, in which they have administrative control or a monetary interest. Board members who have such an interest and participate in discussion prior to a vote must disclose such interest in a meeting of the board prior to such discussion. In accordance with state and federal laws and regulations, state executive order or regulations, the grantee certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with its performance of the ESG services. The grantee further agrees that no person having such interest shall be employed or conveyed an interest, directly or indirectly, in this agreement. The grantee shall comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, any other federal and state laws, rules, regulations and executive orders to the extent that these may be applicable. The grantee shall only utilize personnel who are appropriately qualified and licensed or certified, as required by state, federal or local law, statute or regulation, respective to the services to be provided through this agreement, and shall provide documentation of such licensure or certification upon request. Grantee shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A. - If the grantee is found to be in violation of this requirement of the applicable state, federal and local laws and regulations, and if the State of EX 5-3 Missouri has reasonable cause to believe that the grantee has knowingly employed individuals who are not eligible to work in the United States, grantor shall have the right to cancel the agreement immediately without penalty or recourse. In addition, the Missouri Housing Development Commission ("MHDC") shall have the right to suspend or debar the grantee from doing business with MHDC (whether in the capacity as a direct grantee or as a sub -grantee of funds administered by MHDC). The grantee shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies. The grantee certifies by signing this agreement that any amendment signature page(s) that neither the grantee, nor any of its principals (owners, directors and others as defined by 45 CFR Part 76) are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under any state or federal assistance programs. - In the event the grantee or any of its principals become suspended or debarred during the term of this agreement, the grantee shall immediately send written notification to grantor. - Suspension or debarment of the grantee, or failure by the grantee to provide written notification of such suspension or debarment to grantor, may result in immediate termination of this agreement, the required repayment of any ESG Funds disbursed to grantee after such time as the grantee was first obligated to provide notice hereunder, and any other actions as grantor may deem appropriate in its discretion. The grantee is determined a sub -recipient of funding for the Emergency Solutions Grant. Under this designation, the grantee shall comply with the requirements of OMB Circular A-133. The grantee shall make all reports prepared in accordance with the requirements of OMB Circular A-133 available for inspection by representatives of grantor, MHDC or DSS during normal business hours. The grantee shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to this Agreement. These include, but are not limited to: - Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which EX 5-4 prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities; Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. § 206 (d)); Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) which prohibit discrimination on the basis of disabilities; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101-6107) which prohibits discrimination on the basis of age; Equal Employment Opportunity- E.O. 11246, "Equal Employment Opportunity", as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity"; The Pro -Children Act of 1994 (PL 103-227) regarding environmental tobacco smoke; Missouri State Regulation, 19 CSR 10-2.010, Civil Rights Requirements; Missouri Governor's E.O. #94-03 (excluding article II due to its repeal); Missouri Governor's E.O. #05-30; and The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided under the agreement. Pursuant to 24 CFR 576.405, the grantee shall ensure participation of homeless persons in policy-making and operations of the program. Pursuant to 24 CFR 576.406, the grantee shall ensure that religious or faith - based organizations are eligible for program participation on the same basis as any other non-profit organization. - The grantee shall ensure that participating faith -based organizations do not engage in inherently religious activities, such as worship, religious instruction or proselytization as a part of programs or services funded under the ESG programs. - In the event a faith -based organization conducts inherently religious activities, such activities must be offered separately in time or location from the programs or services funded under the ESG program and participation in these programs must be voluntary for clients and not a condition for participation in the ESG. Grantee must ensure that each client served under the ESG program signs a form to be retained in the client's file indicating that the client has been made aware that he/she is not obligated to participate in or otherwise attend any religious services or other activities as a condition of receiving assistance under the ESG program. EX 5-5 Faith -based or religious organizations may carry out their missions, including the definition, practice and expression of religious beliefs, provided that no ESG funds or Housing Opportunities for Persons with AIDS (HOPWA) funds are used to support any inherently religious activities. Organizations may use space in their facilities to provide ESG services without removing religious art, icons, scriptures or other religious symbols. Faith -based and religious organizations may not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. In the event a faith -based grantee receives non-ESG funding from its ESG funder to supplement its ESG activities, the faith -based grantee shall have the option to segregate or co -mingle these funds. In the event such funds are co -mingled, all requirements of paragraph 3.8.4 shall apply to all such co -mingled funds. Pursuant to 24 CFR 576.407(b), the grantee shall ensure that it utilizes affirmative outreach as required herein. The grantee must make known that use of the facilities, assistance, and services are available to all on a non-discriminatory basis regardless of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services. The grantee must take appropriate steps to ensure effective communication and accessibility to persons with disabilities. Consistent with Title VI and Executive Order 13166, the grantee must ensure meaningful access to persons with limited English proficiency (LEP). The grantee shall comply with: - environmental review responsibilities required pursuant to 24 CFR 50 for any ESG-funded activities; - section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, regarding procurement of recovered materials; - the Uniform Relocation Assistance And Real Property Acquisition Policies Act of 1970 (URA) 42 USC 4601-4655, 49 CFR part 24, 42 USC 3601, and section 504 of the Rehabilitation Act (29 USC 794) regarding displacement, relocation, acquisition, and appeals (CFR 576.408); and - requirements of 24 CFR Parts 5, 200, 203, 236,400, 570, 574, 882, 891, and 982 regarding equal access to housing in HUD programs regardless of sexual orientation, gender identity, or marital status. EX 5-6 The grantee shall comply with the requirements of the Single Audit Act Amendments of 1996 (P.L.104-156) and Circular A-133, including subsequent amendments or revisions, as applicable or 2 CFR 215.26 as it relates to for-profit hospitals and commercial organizations. A copy of any audit report shall be sent to MHDC, upon MHDC's request. The grantee shall return to grantor any funds disallowed in an audit of this Agreement. If the grantee is a sub -recipient as defined in OMB Circular A-133, Section 210, the grantee shall comply with all applicable implementing regulations, and all other laws, regulations and policies authorizing or governing the use of any federal funds paid to the grantee through this agreement. In performing its responsibilities under this agreement, the grantee shall fully comply with the following Office of Management and Budget (OMB) administrative requirements and cost principles, as applicable, including any subsequent amendments: - Uniform Administrative Requirements: A-102 - State/Local Governments; 2 CFR Part 215 - Hospitals, Colleges and Universities, For -Profit Organizations (if specifically included in federal agency implementation), and Not -For -Profit Organizations (OMB Circular A-110); and - Cost Principles: 2 CFR Part 225, State/Local Governments (OMB Circular A-87); A-122 - Not -For -Profit Organizations; A-21- Colleges and Universities; 48 CFR Part 31, For -Profit Organizations; 45 CFR Part 74, Appendix E — Hospitals. The grantee shall comply with 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions. No funds under this agreement shall be used to pay the salary or expenses of the grantee, or agent acting for the grantee, to engage in any activity designed to influence legislation or appropriations pending before the United States Congress or Missouri General Assembly. The grantee shall comply with all requirements of 31 U.S.C. § 1352 which is incorporated herein as if fully set forth. The grantee shall submit to grantor, when applicable, Disclosure of Lobbying Activities reporting forms. EX 5-7 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with the Catholic Charities of Southern Missouri for Emergency Solution Grant Funds from the Missouri Housing Development Commission. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute an agreement to provide Emergency Solutions Grant funds to the Catholic Charities of Southern Missouri. BACKGROUND/DISCUSSION The City was recently awarded an Emergency Solutions Grant from the Missouri Housing Development Commission (MHDC). The City requested $200,000 in funds to be used by the Salvation Army, the Safe House for Women, Inc., the Catholic Charities of Southern Missouri, and the Community Caring Council (including funds for administrative services by the City). The City was awarded $106,888.90 in grant funds. MHDC approved $4,799.90 in funds for the Salvation Army, $48,500 for the Catholic Charities of Southern Missouri, $48,500 in funds for the Community Caring Council, and $5,089 in funds for administrative services. No funds were approved for the Safe House for Women, Inc. Attached is an agreement between the City and the Catholic Charities of Southern Missouri which contains the terms under which the grant funds will be disbursed. The funds will be used for Homeless Prevention (Housing Relocation and Tenant Based Rent). As a condition of the grant, the Catholic Charities of Southern Missouri will be required to contribute a 100% match ($48,500). The Catholic Charities of Southern Missouri will be responsible for administering its program in accordance with the terms of the agreement. The City has received this grant (formerly called the Emergency Shelter Grant) every year for the past 23 years. This will be the first year the City provides funds to the Catholic Charities of Southern Missouri. Resolutions authorizing the execution of agreements with the Salvation Army and the Community Caring Council are also on this agenda as separate items. FINANCIAL IMPACT A 100% match is required for the administrative portion of the grant ($5,089), which covers the Salvation Army, the Catholic Charities of Southern Missouri, and the Community Caring Council programs. The City will share this cost with the County. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The grant funds are used to support the operations of the Catholic Charities of Southern Missouri, allowing continued and improved services for its residents. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the execution of an agreement with the Catholic Charities of Southern Missouri for Emergency Solutions Grant funds. ATTACHMENTS: Name: Description: ❑ CatholicChadties-Emer.Sol.Grant.2014.doc Catholic Chanties Res ❑ ESG Agreement -Catholic Chanties of Southern Missouri-310-14.pdf ESG Agreement CAtholic Charities of Southern Misssouri BILL NO. 14-41 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CATHOLIC CHARITIES OF SOUTHERN MISSOURI, FOR EMERGENCY SOLUTIONS GRANT FUNDS FROM THE MISSOURI HOUSING DEVELOPMENT COMMISSION 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 an Agreement with the Catholic Charities of Southern Missouri, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2014. AGREEMENT THIS AGREEMENT, made and entered into this day of , 2014 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and the Catholic Charities of Southern Missouri (hereinafter "Catholic Charities of Southern Missouri"). WITNESSETH: WHEREAS, the City has received Emergency Solutions Grant Funds from the Missouri Housing Development Commission; and WHEREAS, the Catholic Charities of Southern Missouri has submitted a proposal to provide services to the homeless of Cape Girardeau County, which has been approved by the Missouri Housing Development Commission. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Catholic Charities of Southern Missouri agrees as follows: 1. The Catholic Charities of Southern Missouri will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Catholic Charities of Southern Missouri will provide all local cash and in- kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Catholic Charities of Southern Missouri, the City will reimburse the Catholic Charities of Southern Missouri for all costs, not to exceed Forty -Eight Thousand Five Hundred Dollars and No Cents ($48,500.00) incurred in providing services as outlined in the Catholic Charities of Southern Missouri proposal. In no event shall the Catholic Charities of Southern Missouri be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency solution grant. 4. Services provided under this agreement shall be completed no later than March 31, 2015. 1 5. The Catholic Charities of Southern Missouri agrees to comply with federal regulations applicable to Emergency Solutions Grant projects, including, but not limited to: conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition. 6. The Catholic Charities of Southern Missouri agrees to cooperate with City in the City's compliance with all provisions of its Emergency Solutions Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of the payment of operational costs for emergency shelters pursuant to the Emergency Solutions Grant Program, the Catholic Charities of Southern Missouri: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. 2 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their properly authorized representatives. CITY OF CAPE GIRARDEAU Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W. Eric Cunningham, City Attorney CATHOLIC CHARITIES OF SOUTHERN MISSOURI (Typed Name & Title of Signer) 3 �¢ength, Dignity, Quality orLije `11SSOURI HOUSING February 18, 2014 DEVELOPMENT COMMISSION RECEIVED I?Iv1S11111 i)�I S S Jeremiah W. City of Cape Girardeau (Jay) Nixon Stephan Williams Governor 401 Independence Street Peter Kinder Cape Girardeau, MO 63703 Lieutenant Governor RE: 2014 Emergency Solutions Grant Application Clint Zweifel State Treasurer ESG Grant Number: 14-755-E Grant Award: $106,888.90 Chris Koster Attorney General Dear Mr. Stephan Williams, Jeffrey S. Bay Chairman Your application requesting funds from the 2014 Emergency Solutions Grant Program Troy L. Nash has been approved in the amount of $106,888.90 for the following, contingent upon Vice chairman receipt of final approval by MHDC from MHDC's Board of Commissioners: David B. Cosgrove Street Outreach $4,799.90 Secretary -Treasurer Engagement Essential Services Greg L. Roberts Emergency Shelter Commissioner Essential Services Operations Homeless Prevention $48,500.00 Financial Assistance Services TBRA Kip Stetzler PBRA Interim Rapid Re -Housing $48,500.00 Executive Director Financial Assistance Services Kansas City TBRA 3435 Broadway PB RA Kansas City, MO 64111 816-759-6600 HMIS Fax 816-759-6828 Administration $5,089.00 St. Louis 4625 Lindell, Suite 300 St. Louis, MO 63108 MANDATORY trainings will occur next week; at that time your agency will receive 314-877-1350 Fax 314-877-1360 the� ant agreement and all corresponding paperwork for your 2014 Emergency Y Solutions Grant Program. Williams, Steve From: Julie Peacock Upeacock@mhdc.com] Sent: Wednesday, February 26, 2014 12:21 PM To: Williams, Steve Subject: FW: FY2014 ESG Funding Award Grantee: City of Cape Girardeau Total Award: $106,888.90 Administration: $5,089.00 Sub -Grantee: The Salvation Army Street Outreach $4,799.90 Essential Services $4,799.90 Engagement Sub -Grantee: Community Caring Council Rapid Re -Housing $48,500.00 Financial Assistance $3,500.00 Services - $17,660.00 TBRA $27,340.00 PBRA Sub -Grantee: Catholic Charities of Southern Missouri Homelessness Prevention - $48,500.00 Financial Assistance $8,000.00 Services $9,130.00 TBRA $31,370.00 PBRA Thank you and let me know if you have any further questions, Julie Julie Peacock A 1_' A ATTACHED TO AND MADE A PART OF EMERGENCY SOLUTIONS GRANT HOUSING SERVICES GRANT AGREEMENT GRANT No. 14-755-E PROGRAM COMPONENT: HOMELESSNESS PREVENTION Additional Representations, Covenants and Warranties by Grantee: 1. Grantee agrees that use of HMIS or a comparable database required under this Agreement. 2. Grantee agrees to submit the following properly completed documents to MHDC prior to the distribution of any ESG Funds: a. Executed Grant Agreement including all exhibits, riders and attachments b. Affidavit of Workforce Eligibility C. MOU from E -Verify d. Authorization Agreement for Pre -Payments with voided check (ESG-200) e. Authorized Signature Card (ESG-201) f. Certificate of Insurance g. Program Staffing Form (ESG-108) h. W9 i. Site Contact Form (ESG-203) J. Data Collection Form (ESG-202) 3. Grantee agrees to collect, create or cause to be created, keep, and maintain records, which records shall be stored and kept by Grantee pursuant to MHDC and DSS policies as well as ESG Interim Rule Subpart F -Grant Administration 24 CFR 576.500 (Recordkeeping and Reporting Requirements). Required records shall be subject to Monitoring Activities and shall include, but are not limited to, the following categories of documents: a. Written Policies and Procedures for the administration of the ESG Program b. Verification of recipient's name, address, and telephone number (proof of residence) C. Homeless or At -Risk of Homelessness Status documentation (ESG-213) d. Determination of eligibility. or Ineligibility for ineligible program participants (ESG-211) e. Income verification for each program participant who receives homelessness prevention or rapid re -housing assistance longer than one year f. Copy if income guidelines used to determine eligibility g. Habitability standards and inspections if applicable (ESG-216) h. Rent reasonableness (ESG-217) i. Fair Market Rent documentation j. Receipt of ESG assistance completed by participants (ESG-212) k. Verification of amount of assistance, date and to whom paid I. Identification of all assistance by type, amount, and provider m. Lease requirement between participant and landlord n. Rental Assistance agreement between the non-profit agency and the owner/manager or the rental property If providing rental assistance o. Verification of name, address and telephone number of landlord or mortgage lender p. Supporting documentation showing proof of need (i.e. eviction notice, utility shut off) q. Photo Identification for members of the household at and over the age of 18 r. Social Security cards or proof of Social Security numbers for all members of the household S. Documentation of the number of individuals in the household t. Consent form stating that MHDC has the right to review client files and contact clients directly during the audit process, signed by client and agency representative (must use form ESG-209) u. HMIS or comparable database consent form. V. A detailed list of what ESG Funds were used for (i.e. salaries, benefits, office supplies) w. Verification of receipts and/or invoices copies of checks X. Pay period dates and a copy of pay stubs if funds used for salaries y. Proof of Social Security number for all salary payments 4. Grantee agrees that Eligible Expenses will be limited to the costs incurred by Grantee to provide Housing Services as follows and further detailed in 24 CFR Parts 91 and 576: • Homelessness Prevention • Administration EXHIBIT 5 REQUIRED TERMS AND CONDITIONS FOR SUB -GRANT AGREEMENTS Grantee is encouraged to ensure that any sub -grant agreements entered into with sub - grantees obligate such sub -grantees to the same terms and conditions to which Grantee is bound under this Agreement. While the Grantee generally has the autonomy to negotiate the terms and conditions of any such sub -grant agreements, MHDC does require that, prior to entering into any sub - grant agreement with any sub -grantee, the Grantee must ensure that all of the sub - grant agreement incorporates the following terms and conditions: Either party shall have the right to terminate the sub -grant agreement upon sixty (60) days advance written notice. The grantee represents and warrants to the grantor that the grantee has fully disclosed all conflicts of interest and potential conflicts of interest with individuals or entities that may benefit from the ESG Funds awarded to the grantee under this agreement, including any individuals or entities having an Identity of Interest, as defined on Rider B attached hereto and made a part hereof ("Identity of Interest"), with the grantee that may be involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor in the event that any Identity of Interest arises with any individual or entity involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor of any change in the sponsorship, principals or management of grantee. Changes in sponsorship, principals or management of grantee's organization shall render grantee ineligible to receive any ESG funds whatsoever hereunder unless and until such changes are fully disclosed to grantor and such changes are approved in writing by grantor. Grantee shall track, account for and report ESG funds separately from all other funds. The grantee is advised that misuse of ESG funds may result in a range of penalties including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies advanced under this agreement, and civil and/or criminal penalties. Grantee shall keep an accurate inventory and depreciation schedule for all assets, equipment, computer equipment, software and other real and personal property purchased with ESG Funds when such purchases equal or exceed EX 5-1 $5,000. The inventory shall also include specific information as to the disposition of all assets that have been transferred, sold or otherwise disposed of, the manner of the disposition, the consideration received for the disposal of the assets and the reason therefore. Any assets purchased with ESG Funds shall be utilized solely for the purpose of carrying out the Housing Services. Grantee will comply with the applicable provisions of 24 CFR Parts 91.5 and 576.2. Grantee will provide services in a manner consistent with the requirements of: - The HUD ESG Program grant which can be found at the following website: https:/Jwww.onecpd.info/`esg/ - Missouri's FY 2011 ESG Substantial Amendment which can be found at the following website: http://dss.mo.gov/fsd/esg/pdf/missouri- emergency-solutions-grant-program-substantial-am end ment.pdf; and - Missouri's ESG component of the FY 2012 Consolidated Plan Grantee will maintain compliance with all requirements identified in 24 CFR 576.203. The ESG funds provided under this agreement shall be used solely for the purpose of providing services to persons, families or households with incomes within the income limits described in the Federal Emergency Solutions Grant Interim Rule at 24 CFR Parts 91 and 576. Grantee shall only provide ESG services to persons, families or households residing within the State of Missouri. Grantee acknowledges and agrees that the Missouri Housing Development Commission ("MHDC") as the administrator of the ESG program for the State of Missouri will have the right, in its discretion to conduct site visits of grantee to ensure grantee is in compliance with the terms and conditions of the ESG program. As such, grantee agrees that it will open all books and records to MHDC related to its performance of ESG services under this agreement and will accommodate and cooperate with MHDC on any site visits MHDC may which to conduct with grantee including all site visits which MHDC may elect to conduct subsequent to the termination or expiration of this agreement. Grantee must keep and maintain all records related to the ESG program until the later of (i) the date upon which all audit findings (if applicable) have been resolved to the satisfaction of grantor and/or MHDC, or (ii) the date which is seven (7) years from and after the date of the last disbursement or delivery of ESG funds to grantee. EX 5-2 Grantee shall enroll in and actively use the E -Verify program (or other approved federal work authorization program) administered by the U.S. Department of Homeland Security, and shall provide evidence of its participation to grantor in such form as grantor may require. Grantee shall comply with all federal, state and local laws prohibiting discrimination in housing on the grounds of any legally protected status including but not limited to race, color, religion, national origin, age, sex, gender, sexual orientation, disability, familial status, or veteran status. Grantee shall disclose to grantor all allegations of discrimination under Title VI of the 1964 Civil Rights Act, as amended, and under Title VIII of the 1968 Civil Rights Act, as amended, commonly known as the Fair Housing Act of 1968. Such disclosure shall be made in writing within fifteen (15) days of the receipt of such allegation. In the event the grantee is a not-for-profit agency, grantee board members must abstain from voting on any funding proposal relating to this Agreement, in which they have administrative control or a monetary interest. Board members who have such an interest and participate in discussion prior to a vote must disclose such interest in a meeting of the board prior to such discussion. In accordance with state and federal laws and regulations, state executive order or regulations, the grantee certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with its performance of the ESG services. The grantee further agrees that no person having such interest shall be employed or conveyed an interest, directly or indirectly, in this agreement. The grantee shall comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, any other federal and state laws, rules, regulations and executive orders to the extent that these may be applicable. The grantee shall only utilize personnel who are appropriately qualified and licensed or certified, as required by state, federal or local law, statute or regulation, respective to the services to be provided through this agreement, and shall provide documentation of such licensure or certification upon request. Grantee shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A. - If the grantee is found to be in violation of this requirement of the applicable state, federal and local laws and regulations, and if the State of EX 5-3 Missouri has reasonable cause to believe that the grantee has knowingly employed individuals who are not eligible to work in the United States, grantor shall have the right to cancel the agreement immediately without penalty or recourse. In addition, the Missouri Housing Development Commission ("MHDC") shall have the right to suspend or debar the grantee from doing business with MHDC (whether in the capacity as a direct grantee or as a sub -grantee of funds administered by MHDC). The grantee shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies. The grantee certifies by signing this agreement that any amendment signature page(s) that neither the grantee, nor any of its principals (owners, directors and others as defined by 45 CFR Part 76) are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under any state or federal assistance programs. - In the event the grantee or any of its principals become suspended or debarred during the term of this agreement, the grantee shall immediately send written notification to grantor. - Suspension or debarment of the grantee, or failure by the grantee to provide written notification of such suspension or debarment to grantor, may result in immediate termination of this agreement, the required repayment of any ESG Funds disbursed -to grantee after such time as the grantee was first obligated to provide notice hereunder, and any other actions as grantor may deem appropriate in its discretion. The grantee is determined a sub -recipient of funding for the Emergency Solutions Grant. Under this designation, the grantee shall comply with the requirements of OMB Circular A-133. The grantee shall make all reports prepared in accordance with the requirements of OMB Circular A-133 available for inspection by representatives of grantor, MHDC or DSS during normal business hours. The grantee shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to this Agreement. These include, but are not limited to: - Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which EX 5-4 prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities; Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. § 206 (d)); Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) which prohibit discrimination on the basis of disabilities; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101-6107) which prohibits discrimination on the basis of age; Equal Employment Opportunity- E.O. 11246, "Equal Employment Opportunity", as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity'; The Pro -Children Act of 1994 (PL 103-227) regarding environmental tobacco smoke; Missouri State Regulation, 19 CSR 10-2.010, Civil Rights Requirements; Missouri Governor's E.O. #94-03 (excluding article II due to its repeal); Missouri Governor's E.O. #05-30; and The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided under the agreement. Pursuant to 24 CFR 576.405, the grantee shall ensure participation of homeless persons in policy-making and operations of the program. Pursuant to 24 CFR 576.406, the grantee shall ensure that religious or faith - based organizations are eligible for program participation on the same basis as any other non-profit organization. - The grantee shall ensure that participating faith -based organizations do not engage in inherently religious activities, such as worship, religious instruction or proselytization as a part of programs or services funded under the ESG programs. - In the event a faith -based organization conducts inherently religious activities, such activities must be offered separately in time or location from the programs or services funded under the ESG program and participation in these programs must be voluntary for clients and not a condition for participation in the ESG. Grantee must ensure that each client served under the ESG program signs a form to be retained in the client's file indicating that the client has been made aware that he/she is not obligated to participate in or otherwise attend any religious services or other activities as a condition of receiving assistance under the ESG program. EX 5-5 Faith -based or religious organizations may carry out their missions, including the definition, practice and expression of religious beliefs, provided that no ESG funds or Housing Opportunities for Persons with AIDS (HOPWA) funds are used to support any inherently religious activities. Organizations may use space in their facilities to provide ESG services without removing religious art, icons, scriptures or other religious symbols. Faith -based and religious organizations may not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. In the event a faith -based grantee receives non-ESG funding from its ESG funder to supplement its ESG activities, the faith -based grantee shall have the option to segregate or co -mingle these funds. In the event such funds are co -mingled, all requirements of paragraph 3.8.4 shall apply to all such co -mingled funds. Pursuant to 24 CFR 576.407(b), the grantee shall ensure that it utilizes affirmative outreach as required herein. The grantee must make known that use of the facilities, assistance, and services are available to all on a non-discriminatory basis regardless of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services. The grantee must take appropriate steps to ensure effective communication and accessibility to persons with disabilities. .Consistent with Title VI and Executive Order 13166, the grantee must ensure meaningful access to persons with limited English proficiency (LEP). The grantee shall comply with: - environmental review responsibilities required pursuant to 24 CFR 50 for any ESG-funded activities; - section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, regarding procurement of recovered materials; - the Uniform Relocation Assistance And Real Property Acquisition Policies Act of 1970 (URA) 42 USC 4601-4655, 49 CFR part 24, 42 USC 3601, and section 504 of the Rehabilitation Act (29 USC 794) regarding displacement, relocation, acquisition, and appeals (CFR 576.408); and - requirements of 24 CFR Parts 5, 200, 203, 236,400, 570, 574, 882, 891, and 982 regarding equal access to housing in HUD programs regardless of sexual orientation, gender identity, or marital status. ImMMI The grantee shall comply with the requirements of the Single Audit Act Amendments of 1996 (P.L.104-156) and Circular A-133, including subsequent amendments or revisions, as applicable or 2 CFR 215.26 as it relates to for-profit hospitals and commercial organizations. A copy of any audit report shall be sent to MHDC, upon MHDC's request. The grantee shall return to grantor any funds disallowed in an audit of this Agreement. If the grantee is a sub -recipient as defined in OMB Circular A-133, Section 210, the grantee shall comply with all applicable implementing regulations, and all other laws, regulations and policies authorizing or governing the use of any federal funds paid to the grantee through this agreement. In performing its responsibilities under this agreement, the grantee shall fully comply with the following Office of Management and Budget (OMB) administrative requirements and cost principles, as applicable, including any subsequent amendments: - Uniform Administrative Requirements: A-102 - State/Local Governments; 2 CFR Part 215 - Hospitals, Colleges and Universities, For -Profit Organizations (if specifically included in federal agency implementation), and Not -For -Profit Organizations (OMB Circular A-110); and - Cost Principles: 2 CFR Part 225, State/Local Governments (OMB Circular A-87); A-122 - Not -For -Profit Organizations; A-21- Colleges and Universities; 48 CFR Part 31, For -Profit Organizations; 45 CFR Part 74, Appendix E — Hospitals. The grantee shall comply with 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions. No funds under this agreement shall be used to pay the salary or expenses of the grantee, or agent acting for the grantee, to engage in any activity designed to influence legislation or appropriations pending before the United States Congress or Missouri General Assembly. The grantee shall comply with all requirements of 31 U.S.C. § 1352 which is incorporated herein as if fully set forth. The grantee shall submit to grantor, when applicable, Disclosure of Lobbying Activities reporting forms. EX 5-7 Staff: Ryan Shrimplin AICP, City Agenda: Planner 3/17/2014 SUBJECT An Ordinance accepting a Permanent Utility Easement from RR Family LLC, for property located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Utility Easement for the property at 3364 Percy Drive in connection with a sanitary sewer main extension for Roland Machinery Company. BACKGROUND/DISCUSSION Roland Machinery Company is redeveloping its property at 3364 Percy Drive. The current development does not have sanitary sewer service. The closest public main is located several hundred feet east of the site, so Roland is paying for a main extension, to be stubbed out at the southeast corner of the property. An easement is necessary for the portion of the main that is on the property. The property owner has executed the attached Permanent Utility Easement for acceptance by the City Council. FINANCIAL IMPACT The property owner is donating the easement to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City and its assigns a right to access, construct, maintain, repair, and replace public utility infrastructure within the easement area STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Permanent Utility Easement for the property at 3364 Percy Drive. ATTACHMENTS: Name: ❑ RR FAMILY _PERCY_Utility Ease.doc ❑ RR Family LLC - PUE - Map.pdf ❑ Permanent Utility Easement RR Family LLC.pdf ❑ 34754 - ESMT Exhibit -Roland Easement.pdf Description: RR Family Utility Ease Ord RR Family LLC - PUE - Map RR Family LLC - PUE RR Family LLC - PUE - Exhibit BILL NO. 14-36 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM RR FAMILY LLC, FOR PROPERTY LOCATED AT 3364 PERCY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Utility Easement from RR Family, LLC, conveying to the City of Cape Girardeau, Missouri, a Permanent Utility Easement located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri, described as follows: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the SouthE described in Deed recorded in the La County, said comer North right of way with said North 88054'36" West, 15. North right of way 20.07 feet to a po and normal to sai thence with a line ast comer of a tract of land Book 1072 at Page 452 and id Records of Cape Girardeau also being a point on the line of Percy Drive; thence right of way line, North JO feet; thence leaving said line, North 06001'47" East, nt being 20.00 feet north of 1 North right of way line; being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88054'36" East,15.00 feet to a point on the East line of said tract of land; thence with said East line,South 06001'47" West, 20.07 feet to the point of beginning and containing 300 square feet, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger, Mayor 1 2014. ATTEST: Gayle L. Conrad, City Clerk PERMANENT UTILITY EASEMENT RR FAMILY, LLC Approximate Location of Easement -- ------- RERC ---- — --- Legend 0 Roland Machinery • N Parcels Sanitary Sewer Manholes Sanitary Sewer Mains W 5 I :. PERMANENT UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: RR FAMILY LLC, an Illinois Limited Liability Company, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City", the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast corner of a tract of land described in Deed Book 1072 at Page 452 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of Percy Drive; thence with said North right of way line, North 88°54'36" West, 15.00 feet; thence leaving said North right of way line, North 06°01'47" East, 20.07 feet to a point being 20.00 feet north of and normal to said North right of way line; thence with a line being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88°54'36" East, 15.00 feet to a point on the East line of said tract of land; thence with said East line, South 06°01'47" West, 20.07 feet to the point of beginning and containing 300 square feet, more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants, and assigns to use said property to excavate, build, and construct certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenants that he is the authorized agent of the owner in fee simple of the above described property and has the legal right to convey the same. IN WITNESS WHEREOF, the undersigned has executed this easement this 9 day of i R P , 201_. Raymond Roland, Member STATE OFl/Il�'t ) SS. COUNTY OF (%/jU wayLl ) U BE IT REMEMBERED, that on this b day of ",A� , 201_, before me, the undersigned notary public, personally appeared Raymond Roland, Member, who, being by me duly sworn, did state that he is the authorized agent of RR FAMILY LLC, and that said instrument was signed on behalf of said corporation for the consideration stated herein and no other, and has acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Pub is � My Commission, Expires: OFFICIAL SEA MELISSA BROCKHOUSE NOTARY PUBLIC S`AT= 3F ILLINOIS MY COMMISSION EXPIRES.04110115 N Description of 20' Utility Easement from Roland THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH I I PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: W E Begin at the Southeast corner of a tract of land described in Deed Book 1072 at Page 452 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of S I Percy Drive; thence with said North right of way line, North 88'54'36' West, 15.00 feet; thence leaving said I Q North right of way line, North 06'01'47" West, 20.07 feet to a point being 20.00 feet north of and normal to U NORTH ORIENTATION said North right of way line; thence with a line being 20.00 feet north of, parallel and adjacent to said North U) FROM DEED REFERENCE I right of way line, South 88'54'36" East, 15.00 feet to a point on the East line of said tract of land; thence I I U DEED BK. 657, PG. 597 with said East line, South 06'01'47" West, 20.07 feet to the point of beginning and containing 300 square feet, d \ more or less. I III �_--- _N / /GE DRIVE -j I I NSR TPG X41 I NIR OF \ PROPER DRURY, TRUSTEE TRUST ROLAND 1028, CN ARLES L. Y REVOCABLE DEED BY,. 1072, PG. 452 CHARLES L. DRUR 657, PG. 597 = a a DEED BK DEED BY. ¢ w � I J�Wo I 20' UTILITYSSB U350E ¢o I r \ EASEMENT Mol I I I I J 300 SF N06'01'47 E K0 ,47'W I I � a M a'� 20.07 ___ _ I o f O 2 0 W F3 �y N66'54'36V �a z 15 G 15.00' DRIVE (50 POINT OF BEGINNING — Q SW CORNER OF TRACT — — o �N DESCRIBED IN DEED I z o o' A\ BK. 1072, PG. 452 g M A \ I I O M O T E ` U 0 E LU a 0 Noll 4 Q _r M N Z O N W2 W� W W N YMM Z UU <M V M N M —U, I_ W U W 2 O 0'ILL H � m W = 2w W 0 < Z Q W �0 J In m 17 = 0 LU Staff: Ryan Shrimplin AICP, City Agenda: Planner 3/17/2014 SUBJECT An Ordinance accepting a Permanent Sanitary Sewer Easement from Charles L. Drury Revocable Trust Dated March 6, 1989, for property located on Percy Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Sanitary Sewer Easement for a property on Percy Drive in connection with a sanitary sewer main extension for Roland Machinery Company. BACKGROUND/DISCUSSION Roland Machinery Company is redeveloping its property at 3364 Percy Drive. The current development does not have sanitary sewer service. The closest public main is located several hundred feet east of the site, so Roland is paying for a main extension, to be stubbed out at the southeast corner of the property. A portion of the main extension will be located on the adjacent property to the east. The adjacent property owner has executed the attached Permanent Sanitary Sewer Easement for acceptance by the City Council. FINANCIAL IMPACT The property owner is donating the easement to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City a right to access, construct, maintain, repair, and replace public sanitary sewer infrastructure within the easement area. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Permanent Sanitary Sewer Easement for property on Percy Drive. ATTACHMENTS: Name: Description: ❑ Percy Drive-Drury-Sewer_Ease.doc Drury - Percy Sanitary Sewer Ease Ord ❑ Charles L Drury Rev Trust - PSSE - Map.pdf Charles L Drury Rev Trust - PSSE - Map ❑ Permanent Sanitary Sewer Easement.pdf Charles L Drury Rev Trust - PSSE BILL NO. 14-37 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989, FOR PROPERTY LOCATED ON PERCY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Sanitary Sewer Easement from Charles L. Drury Revocable Trust dated March 6, 1989, conveying to the City of Cape Girardeau, Missouri, a Permanent Sanitary Sewer Easement located on Percy Drive, in the City of Cape Girardeau, Missouri, described as follows: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest comer of a tract of land described in Deed Book 657 at Page 597 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of Percy Drive; thence with the West line of said tract, North 06001147" East, 20.07 feet to a point being 20.00 feet north of and normal to the North right of way line of Percy Drive; thence leaving said West line and with a line being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88054'36" East, 45.27 feet; thence South 84000'40" East, 439.00 feet to the East line of said tract; thence with said East line, South 06001'47" West, 20.00 feet to the Southeast comer of said tract, said comer also being a point on the North right of way line of Percy Drive; thence leaving said East line and with the South line of said tract and with said North right of way line, North 84000'40" West, 438.13 feet; thence North 88054'36" West, 46.14 feet to the point of beginning and containing 9,685 square feet, more or less (the "Easement Area"). 1 ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. ii:�X9�hi_\phi_�99 Z�]1/�1��1Y:Y��7_\•ti] ASF[w /_YWYD[.9 O Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor E PERMANENT SANITARY SEWER EASEMENT CHARLES L. DRURY REVOCABLE TRUST DATED MARCH C, 1989 - 4 ►` EXC I a 4,. Approximate Location • pj of Easement 3364 - _ a --- .'_\--- PERCY----------- 101 Y �` Legend O Roland Machinery : ., N Parcels City of Cape Girardeau Sanitary Sewer Manholes Division of Planning Services w �' \' Sanitary Sewer Mains P 4, GIS Data . '\ December 17, 2013 S - t�ti-•l.i i"a?�3. DRURY DEVELOPMENT CORPORATION 721 Emerson Road, Suite 200, St. Louis, MO 63141 • Phone: 3141123-6698 • Fax: 314-423-0310 VIA US MAIL AND EMAIL(rshrimplin(a,cityofcapeLyirardeau.or2) January 3, 2014 Mr. Ryan Shrimplin, AICP City Planner City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 RE: Permanent Sanitary Sewer Easement Dear Ryan: Enclosed is an executed Permanent Sanitary Sewer Easement for the 20 foot sanitary sewer easement off Percy Drive owned by the Charles L. Drury Revocable Trust. Please forward us a file stamped copy after you have had this document recorded. Should you have any questions, please feel free to contact me at (314) 423-6698 Very truly yours, o ary ate General Co sel LSL/dh Enclosure PERMANENT SANITARY SEWER EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989, hereinafter referred to as "Grantor", in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City" or "Grantee", subject to the terms and conditions set forth herein, the right, privilege, permission, and authority (the "Easement") to enter on and upon the following twenty (20) foot wide strip of land as shown on Exhibit 1 attached hereto, which is solely owned by Grantor and located in the City and County of Cape Girardeau, Missouri, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest corner of a tract of land described in Deed Book 657 at Page 597 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of Percy Drive; thence with the West line of said tract, North 06°01'47" East, 20.07 feet to a point being 20.00 feet north of and normal to the North right of way line of Percy Drive; thence leaving said West line and with a line being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88°54'36" East, 45.27 feet; -thence South 84°00'=10" East, 439.00 feet to the East line of said tract; thence with said East line, South 06°01'47" West, 20.00 feet to the Southeast corner of said tract, said confer also being a point on the North right of way line of Percy Drive; thence leaving said East line and with the South line of said tract and with said North right of way line, North 84°00'40" West, 438.13 feet; thence North 88°54'36" West, 46.14 feet to the point of beginning and containing 9,685 square feet, more or less (the "Easement Area"). Said Easement is granted for the sole purpose of enabling the City, its agents, servants, contractors and assigns to construct, install, and maintain a sanitary sewer line, and all necessary appurtenances thereto under the Easement Area as shown on the plans and specifications for such sewer line on file in and approved by the Office of the City Engineer of the City of Cape Girardeau as of the date below, and for no other purpose. This Easement and the right,'privilege, permission and authority herein granted are perpetual and shall run with the land. In exercising the rights granted herein, Grantee shall promptly repair any damage or disturbance resulting in connection therewith to the same or as good condition as existed immediately prior to Grantee's entry on to the Easement Area, including restoring the ground to grade, seeding and strawing, and replacing pavement as applicable. At all times, Grantee shall maintain worker's compensation insurance for any and all employees entering onto or performing any work within the Easement Area. In addition, Grantee shall require any and all contractors retained by Grantee to perforin any work within or to enter upon the Easement Area to maintain worker's compensation insurance and commercial liability insurance in reasonable and customary amounts covering any personal injury and property damage arising in connection with such work. All work performed by or on behalf of Grantee in the Easement Area shall be paid for in full by Grantee, and shall be performed in a good and workmanlike manner, in compliance with all applicable laws. Grantor covenants that it is the owner in fee simple of the Easement Area and has the legal right to convey the easement granted herein. N WITNESS WHEREOF, the undersigned have executed this easement this 9- day of Vyvtra r , 20_!q_. STATE OF MISSOURI ss. COUNTY OF ST. LOUIS CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989 012L 4 - �1 gw tyAl Signature Charles L. Drury, Trustee of the Charles L. Drury Revocable Trust Dated March 6, 1989 BE IT REMEMBERED, that on this �kj day of!� 20 , before me, the undersigned notary public, personally appeared Charles L.16rury, T127stee of the harles L. Drury Revocable Trust Dated March 6, 1989, who, being by me duly sworn, did state that he is the Trustee of the Charles L. Drury Revocable Trust dated March 6, 1989, and that said instrument was signed on behalf of said Trust for the consideration stated herein and no other, and has acknowledged said instnument to be the free act and deed of said Trust. N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. z I Notary Public My Commission Expires: 131AN€ AA.H0MA Notary Public - Notary Seal State of Missouri Commissioned for St Louis County My Commission Expires: August 30, 2017 Commission Number: 13541046 OS I'll / m VAg � I CM o m z�m� ONmm22mo oZoM I o� I - A •' � f (,11 V R7 _ Ol •• l -k CA. I I \ 0 Ln I t\ m o In y ��\`\\\\D pN'P 0 ny V� Wim= ,A,c vv CDna ppr Z a S - ry i$�$ m�Im o� F�r*t 59'yc m� c�v�.mrseA coo o n,o�� oQ off I vo a wC\g-—.�ssco8m co c>v 3z F �m d' � ens m20, i3 9 I _•�•-• R S i G O D ul c y DR REY REV RF Y ANDAWANDA L 1D E' s °_ c' T z f AL zs DEED D 1RUSi o v p rn o �+ K. 727, PD. 215 ^ cn a d- DEED DK. 415, P0. 637 Ica! I A v °4i -PN c d0 CN'f L'i I- _•� _ .Zlm a a�-8 m �O -jj, _ — FARRARDR�0, ROLAND MACHINERY COMPANY 3364 Percy Drive, Cape Girardeau, MO 63701 c/o: Mr. Raymond E. Roland, 816 N. Dirksen Parkway, Springfield, IL 62702 DATE: 01-07-13 EXHIBIT�SANITARY SEWER ESMTSEWER ESMT I FROM DRURY EXHIBIT f ENGINEERING 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335 - 3026 GRAPHIC SCALE 100 o 50 100 �-�-.� ( IN FEET ) 1 inch = 100 ft. Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT An Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way from various property owners, for the West End Boulevard - Linden Street to Jefferson Avenue Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire temporary construction easements, permanent drainage easements, permanent retaining wall easements, and right-of-way needed for the West End Boulevard - Linden Street to Jefferson Avenue Project. BACKGROUND/DISCUSSION The West End Boulevard - Linden Street to Jefferson Avenue Project was approved by Cape Girardeau voters on August 3, 2010 as part of the fourth Transportation Trust Fund (TTF-4). The project entails the installation of new 6' wide sidewalks along both the east and west sides of West End Boulevard between Linden Street and Jefferson Avenue. In order to proceed with the project, the City must acquire the following: Temporary construction easements from sixteen (16) property owners Permanent drainage easements from three (3) property owners Permanent retaining wall easements from two (2) property owners Right-of-way from two (2) property owners Nineteen (19) total properties, two (2) of which are also part of the Walnut Street Project. FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. Funding for the West End Boulevard - Linden Street to Jefferson Avenue Project is from TTF-4. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The installation of new sidewalks along West End Boulevard between Linden Street and Jefferson Avenue will help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. The new sidewalks along West End Boulevard will complement the new Walnut Street extension and sidewalk improvements and further connect the surrounding community with the Shawnee Park Center and Sports Complex. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of temporary construction easements, permanent drainage easements, permanent retaining wall easements, and right-of-way for the West End Boulevard - Linden Street to Jefferson Avenue Project. ATTACHMENTS: Name: Description: ❑ West_End -Linden to Jefferson_ Acguisition_2014.doc West End Acq. Ord ❑ West_End Blvd Proied.pdf West End Blvd (Linden to Jefferson) - Map BILL NO. 14-42 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS, PERMANENT RETAINING WALL EASEMENTS, AND RIGHTS-OF-WAY FROM VARIOUS PROPERTY OWNERS, FOR THE WEST END BOULEVARD - LINDEN STREET TO JEFFERSON AVENUE PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property from various property owners needed for Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way for the West End Boulevard - Linden Street to Jefferson Avenue Project. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. RIGHT OF WAY TRACT THE BOARD OF TRUSTEES OF THE CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 598.28 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 900 52' 21"; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG SAID CURVE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION, 34.89 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LINDEN STREET; THENCE N 820 30' 06" W, 22.34 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE S 060 37' 33" W, 22.34 FEET ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT BEGINNING, CONTAINING 0.002 ACRES MORE OR LESS. (107.61 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT THE SOCIETY FOR THE PROPAGATION OF FAITH SPRINGFIELD -CAPE GIRARDEAU DIOCESE A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 2 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY line OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 680.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF LINDEN STREET AND THE EASTERLY RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, N 060 37' 33" E, 180.00 FEET TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOC. 42010- 05893; THENCE S 820 30' 06" E, 15.00 FEET ALONG SAID SOUTH LINE; THENCE LEAVING SAID SOUTH LINE, S 060 37' 33" W, 180.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF LINDEN STREET; THENCE N 820 30' 06" W, 15.00 FEET TO THE TRUE POINT BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS. (2,700.00 SQUARE FEET.) RIGHT OF WAY TRACT THE SOCIETY FOR THE PROPAGATION OF FAITH SPRINGFIELD -CAPE GIRARDEAU DIOCESE A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY line OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 680.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF LINDEN STREET AND THE EASTERLY RIGHT OF 3 WAY LINE OF WEST END BOULEVARD; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, N 060 37' 33" E, 21.67 FEET TO THE POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 890 07' 39" FROM WHICH POINT A RADIAL LINE BEARS S 830 22' 27" E; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG SAID CURVE IN A SOUTHWESTERLY AND SOUTHEASTERLY DIRECTION, 34.22 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LINDEN STREET; THENCE N 820 30' 06" W, 21.67 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE TRUE POINT BEGINNING, CONTAINING 0.002 ACRES MORE OR LESS. (100.24 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT EAST MISSOURI ACTION AGENCY, INC. A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 860.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOC. 42010-05893; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 060 37' 33" E, 184.15 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE N 480 57' 54" E, 75.54 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, 4 S 410 02' 06' E, 68.57 FEET; THENCE S 470 52' 29" W, 80.96 FEET; THENCE S 200 37' 06" W, 137.24 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND, THENCE N 820 30' 06" W, 15.00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT BEGINNING, CONTAINING 0.25 ACRES MORE OR LESS. (10,861.92 SQUARE FEET.) PERMANENT DRAINAGE & RETAINING WALL EASEMENT EAST MISSOURI ACTION AGENCY, INC. A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 860.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOC. 42010-05893; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 060 37' 33" E, 184.15 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE N 480 57' 54" E, 61.82 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, S 410 02' 06' E, 68.83 FEET; THENCE S 470 52' 29" W, 67.24 FEET; THENCE S 200 37' 06" W, 137.24 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND, THENCE N 820 30' 06" W, 15.00 FET ALONG SAID SOUTH LINE TO THE TRUE POINT BEGINNING, CONTAINING 0.23 ACRES MORE OR LESS. (9,919.64 SQUARE FEET.) 5 TEMPORARY CONSTRUCTION EASEMENT BOB ROBISON et al A PART OF OUTLOTS 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 1,044.77 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE AFORE SAID RIGHT OF WAY LINE WITH THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 260 AT PAGE NO. 199; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 060 37' 33" E, 656.82 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE S 830 22' 27" E, 167.38 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, S 700 56' 32' W, 23.07 FEET; THENCE N 830 22' 27" W, 101.60 FEET; THENCE S 410 16' 07" W, 35.17 FEET; THENCE S 060 37' 33" W, 393.94 FEET; THENCE S 830 22' 27" E, 15.00 FEET; THENCE S 060 37' 33" W, 20.00 FEET; THENCE N 830 22' 27" W, 15.00 FEET; THENCE S 060 37' 33" W, 124.53 FEET; THENCE S 410 02' 06" E, 35.01 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND, THENCE S 480 57' 54" W, 75.54 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.43 ACRES MORE OR LESS. (18,659.28 SQUARE FEET.) 6 PERMANENT DRAINAGE & RETAINING WALL EASEMENT NO. 1 BOB ROBISON et al A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 1,044.77 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE AFORE SAID RIGHT OF WAY LINE WITH THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 260 AT PAGE NO. 199; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 060 37' 33" E, 132.99 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, S 830 22' 27" E, 15.00 FEET; THENCE S 060 37' 33" W, 63.03 FEET; THENCE S 410 02' 06" E, 36.04 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT OF LAND; THENCE S 480 57' 54" W, 61.82 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS. 2,584.07 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 2 BOB ROBISON et al A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 7 COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 1,248.72 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 060 37' 33" E, 20.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, S 830 22' 27" E, 40.00 FEET; THENCE S 060 37' 33" W, 20.00 FEET; THENCE N 830 22' 27" W, 40.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.02 ACRES MORE OR LESS. (800.00 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT STEPHEN QUICK A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 1,986.95 FEET ALONG SAID RIGHT OF WAY LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1245 AT PAGE NO. 738 AND THE TRUE POINT OF BEGINNING, 3 THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 060 30' 08" E, 36.84 FEET; THENCE N 330 11' 08" E, 33.40 FEET: THENCE N 260 01' 40" E, 74.78 FEET; THENCE N 130 41' 45" E, 3.73 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 830 22' 27" E, 6.15 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 260 01' 40" W, 94.56 FEET; THENCE S 060 30' 08" W, 51.76 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE N 830 22' 27" W, 15.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.03 ACRES MORE OR LESS. (1,211.36 SQUARE FEET) PERMANENT DRAINAGE EASEMENT STEPHEN QUICK A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 1,986.95 FEET ALONG SAID RIGHT OF WAY LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1245 AT PAGE NO. 738: THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 060 30' 08" E, 36.84 FEET; THENCE N 330 11' 08" E, 33.40 FEET; THENCE N 260 01' 40" E, 57.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 260 01' 40" E, 17.28 FEET; THENCE N 130 41' 45" E, 3.73 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 830 22' 27" E, 20.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 060 37' 33" W, 20.00 FEET; THENCE N 830 22' 27" W, 26.20 FEET TO THE TRUE POINT OF 9 BEGINNING, CONTAINING 0.01 ACRES MORE OR LESS. (455.10 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT MISSOURI CONFERENCE ASSOCIATION OF SEVENTH-DAY- ADVFNTTST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 070 16' 56" W, 210.02 FEET; THENCE N 820 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 1,986.95 FEET ALONG SAID RIGHT OF WAY LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1245 AT PAGE NO. 738; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 060 30' 08" E, 36.84 FEET; THENCE N 330 11' 08" E, 33.40 FEET: THENCE N 260 01' 40" E, 74.78 FEET; THENCE N 130 41' 45" E, 3.73 FEET TO THE NORTHWEST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 130 41' 45" E, 115.98 FEET; THENCE N 340 42' 53" E, 3.33 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1362 AT PAGE NO. 416; THENCE S 840 33' 01" E, 4.96 FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE LEAVING SAID SOUTH LINE, S 130 41' 45" W, 119.04 FEET TO A POINT ON THE NORTH LINE OF THE AFORE SAID TRACT OF LAND RECORDED IN BOOK NO. 1245 AT PAGE NO. 738; THENCE N 830 22' 27" W, 6.15 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.02 ACRES MORE OR LESS. (723.99 SQUARE FEET) 10 TEMPORARY CONSTRUCTION EASEMENT ROBERT D. & BARBARA MARTIN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MISSOURI STATE ROUTE 74 WITH THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD, SAID POINT BEING 140.00 FEET NORTHERLY OF AND NORMAL TO THE CENTERLINE OF ROUTE 74 STATION 136+30.00, SAID POINT ALSO BEING ON THE WESTERLY LINE OF A TRACT OF LAND AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN BOOK NO. 787 AT PAGE NO. 207; THENCE N 360 45' 18" W, 8.07 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 360 45' 18" W, 31.55 FEET; THENCE N 180 16' 39" W, 71.59 FEET; THENCE N 020 38' 30" E, 28.01 FEET; THENCE LEAVING SAID WESTERLY LINE, S 180 16' 39" E, 127.68 FEET TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES MORE OR LESS. (996.32 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT TRIPLE D RENTALS. LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE WEST 5.00 FEET OF LOT 2 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, CONTAINING 370.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT DUSTIN AND FLORITA RUNNELS A PART OF UNITED STATES TOWNSHIP 30 NORTH, RANGE PRINCIPAL MERIDIAN, CITY 11 PRIVATE SURVEY 2199, 14 EAST, OF THE FIFTH AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE WEST 5.00 FEET OF LOT 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72,CONTAINING 330.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT R -VISION PROPERTIES, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT NO. 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, SAID POINT BEING ON THE WEST LINE OF LOT 3 OF SEABAUGH'S THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 14; THENCE N 070 16' 13" E, 176.99 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42010-09846; THENCE S 830 27' 20" E, 20.00 FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE LEAVING SAID SOUTH LINE, S 120 57' 02" W, 101.03 FEET; THENCE S 070 16' 13" W, 77.13 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID SEABAUGH'S THIRD SUBDIVISION; THENCE ALONG SAID SOUTH LINE, N 800 19' 15" W, 10.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES MORE OR LESS. (2,274.71 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT GEORGE W. REUTZEL et al A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT NO. 1 OF CARTER ESTATES 12 AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, SAID POINT BEING ON THE WEST LINE OF LOT 3 OF SEABAUGH'S THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 14; THENCE N 070 16' 13" E, 176.99 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42010-09846 AND THE TRUE POINT OF BEGINNING; THENCE N 070 16' 13" E, 99.98 FEET ALONG THE WEST LINE OF SAID TRACT TO A '-" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF SAID TRACT; THENCE S 830 27' 58" E, 10.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 040 40' 01" E, 50.87 FEET; THENCE S 070 16' 13" W, 49.98 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE N 830 27' 20" W, 20.00 ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES MORE OR LESS. (1,749.55 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT ANDREW HEATH WESTCOTT A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT NO. 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, SAID POINT BEING ON THE WEST LINE OF LOT 3 OF SEABAUGH'S THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 14; THENCE N 070 16' 13" E, 276.97 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42010-13105 AND THE TRUE POINT OF BEGINNING; THENCE N 070 16' 13" E, 50.00 FEET ALONG THE WEST LINE OF SAID TRACT TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 830 27' 58" E, 10.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE S 070 16' 13" W, 50.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE N 830 27' 58" W, 10.00 FEET ALONG THE SOUTH LINE OF 13 SAID TRACT TO THE POINT OF BEGINNING, CONTAINING 500.00 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT CARL W. & MARY ANN KAGEL A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE WEST 15.00 FEET OF LOT 1 OF SEABAUGH'S FIRST SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 3 AT PAGE NO. 47, CONTAINING 1,800.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT SAMANTHA D. M. CRUZ MARCIAL A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 8.00 FEET OF THE WEST 8.00 FEET OF LOT 6, BLOCK 4 OF LANGLOIS PLACE ADDITIONS AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 39 CONTAINING 64.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT CAPE GARDENS, L.P. A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN FOUND AT THE NORTHWEST CORNER OF LOT 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID LOT BEARS S 070 16' 13" W, 66.00 FEET; THENCE N 14 820 43' 47" W, 61.74 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WEST END BOULEVARD AND THE TRUE POINT OF BEGINNNING; THENCE S 070 16' 13" W, 136.27 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1382 AT PAGE NO. 918; THENCE N 830 11' 25" W 15.00, FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE LEAVING SAID SOUTH LINE, N 080 39' 09" E, 17.71 FEET; THENCE N 810 20' 51" W, 10.00 FEET; THENCE N 080 39' 09" E, 52.37 FEET; THENCE S 810 20' 51" E, 10.00 FEET; THENCE N 080 39' 09" E, 300.69 FEET; THENCE N 810 20' 51" W, 8.94 FEET; THENCE N 070 16' 13" E, 43.69 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT; THENCE S 820 49' 50" E, 15.00 FEET ALONG SAID NORTH LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE 070 16' 13" W, 278.20 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.12 ACRES MORE OR LESS. (5,083.55 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT LUTHER'S MARK L.L.C. A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN FOUND AT THE NORTHWEST CORNER OF LOT 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID LOT BEARS S 070 16' 13" W, 66.00 FEET; THENCE N 820 43' 47" W, 61.74 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 070 16' 13" E, 278.20 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42009-0004 AND THE TRUE POINT OF BEGINNNING; THENCE CONTINUING N 070 16' 13" E, 167.89 FEET ALONG SAID RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF SAID TRACT OF LAND; THENCE N 820 43' 47" W, 20.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 070 16' 13" W, 106.56 FEET; THENCE 15 S 820 43' 45" E, 5.00 FEET; THENCE S 070 16' 13" W, 61.36 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE S 820 49' 50 E, 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES MORE OR LESS. (3,051.39 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT REBECCA L. DAVIS ALL OF THE SOUTH 8.00 FEET OF THE EAST 20.00 FEET OF LOT 18, BLOCK 2 OF GLENN PLACE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 56 CONTAINING 160.00 SQUARE FEET. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above-described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of the West End Boulevard - Linden Street to Jefferson Avenue Project, in the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF . 2014. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor 16 WEST END BOULEVARD PROJECT LINDEN STREET TO JEFFERSON AVENUE City of Cape Girardeau 0 135 270 540 810 1,080 Division of Planning Services Feet March 7. 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT An Ordinance authorizing the acquisition of Temporary Construction Easements and rights-of-way from various property owners, for the Safe Routes to School - 2011 Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire temporary construction easements and right-of-way for the Safe Routes to School - 2011 Project. BACKGROUND/DISCUSSION The City of Cape Girardeau received federal funding through the Safe Routes to School Program to install sidewalks along Kingsway Drive. The project entails construction of sidewalks along the north side of Kingsway Drive from Janet Drive to Kurre Lane. A separate project, the Kingsway Sidewalk Project, was approved as part of the City's Capital Improvements Program for the construction of sidewalks along the south side of Kingsway Drive from Storey's Food Giant to Janet Drive. The Safe Routes to School project continues the installation of sidewalks along Kingsway Drive. Temporary construction easements are needed from fifteen (15) property owners on sixteen (16) properties abutting Kingsway Drive where the sidewalk is planned. Right- of-way will need to be acquired from three (3) of the property owners. FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. The total value of the easements and right-of-way is estimated at $10,000. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Currently, there are no sidewalks along Kingsway Drive. The Safe Routes to School — 2011 Project will complement the Kingsway Sidewalk Project and help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of temporary construction easements and right-of-way for the Safe Routes to School — 2011 Project. ATTACHMENTS: Name: Description: ❑ Safe Routes to School-Kingsway 2014.doc Safe Routes Ordinance ❑ SRTS_Sidewalk Proiect.pdf Safe Routes to School 2011 - Map BILL NO. 14-43 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS AND RIGHTS-OF- WAY FROM VARIOUS PROPERTY OWNERS FOR THE SAFE ROUTES TO SCHOOL - 2011 PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property from various property owners needed for Temporary Construction Easements and Rights -of - Way for the Safe Routes to School - 2011 Project, along the north side of Kingsway Drive, from Janet Drive to Dunne Lane, in the City of Cape Girardeau, Missouri. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. Temporary Construction Easement Description (Michael J. Williams) THAT PART OF LOT 7, BLOCK 2 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 11 Begin at a found Iron Rod on the Northwest Corner of Lot 7, Block 2 of Campbell-Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 47°42'16" East, 75.84 feet; thence South 35°23'28" East, 20.60 feet; thence leaving the Northerly Right of Way Line of said Road and along the North Right of Way Line of Janet Drive, North 73°24'32" East, 8.45 feet; thence leaving the North Right of Way Line of said Road, North 35°23'28" West, 24.19 feet; thence North 47°42'16" West, 72.49 feet to a point on the South Line of a Tract of Land described in Document No. 2010-10346, as recorded in the Land Records of said County; thence along the South Line of said Tract, South 70004'08" West, 9.04 feet to the point of beginning and containing 0.018 acres, more or less. Temporary Construction Easement Description 41 (Crosnoe Properties, LLC) THAT PART OF LOT 6 AND 7, BLOCK 2 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Northwest Corner of Lot 7, Block 2 of Campbell-Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 47042'16" West, 110.16 feet to a point on the South Line of a Tract of Land described in Document No. 2010- 10346, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 73024'32" East, 16.35 feet; thence 2 leaving the South Line of said Tract, South 47042'16" East, 96.23 feet; thence South 42017'44" West, 6.00 feet; thence South 47042'16" East, 9.69 feet to a point on the North Line of a Tract of Land described in Document No. 2011- 13803, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 70004'08" West, 9.04 feet to the point of beginning and containing 0.034 acres, more or less. Temporary Construction Easement Description 42 (Crosnoe Properties, LLC) THAT PART OF LOT 2, BLOCK 2 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Southwest Corner of Lot 2, Block 2 of Campbell-Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 47042'16" West, 6.86 feet; thence North 48058'28" West, 118.09 feet to a point on the South Line of a Tract of Land described in Deed Book 1134 at Page 460, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 73024'32" East, 9.47 feet; thence leaving the South Line of said Tract, South 48058'28" East, 113.11 feet; thence South 47042'16" East, 3.04 feet; thence North 42017'44" East, 6.00 feet; thence South 47042'16" East, 12.36 feet to a point on the North Line of a Tract of Land described in Document No. 2010-10346; thence along the North Line of said Tract, South 73024'32" West, 16.35 feet to the point of beginning and containing 0.024 acres, more or less. 3 Temporary Construction Easement Description (Estelle Barron) THAT PART OF LOT 1, BLOCK 2 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Pipe on the Southwest Corner of Lot 1, Block 2 of Campbell-Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 48°58'28" West, 88.80 feet to a point on the South Right of Way Line of Leroy Drive; thence along the South Right of Way Line of said Road, North 73°24'32" East, 9.47 feet; thence leaving the South Right of Way Line of said Road, South 48°58'28" East, 88.80 feet to a point on the North Line of a Tract of Land described in Document No. 2010-10346, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 73°24'32" West, 9.47 feet to the point of beginning and containing 0.016 acres, more or less. Temporary Construction Easement Description (Thomas E. and Victoria J. Slinkard) THAT PART OF LOT 2, BLOCK 1 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 4 Begin at a found Chiseled Cross on the Northwest Corner of Lot 2, Block 1 of Campbell-Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 40°38'28" East, 54.20 feet; thence South 48°58'28" East, 61.30 feet to a point on the North Right of Way Line of Leroy Drive; thence along the North Right of Way Line of said Road, North 73°24'32" East, 23.68 feet; thence leaving the North Right of Way Line of said Road, North 48°58'28" West, 17.70 feet; thence South 41°01'32" West, 5.00 feet; thence North 48°58'28" West, 40.97 feet; thence South 41°01'32" West, 7.00 feet; thence North 48°58'28" West, 14.72 feet; thence North 40°38'28" West, 50.05 feet to a point on the South Line of a Tract of Land described in Document No. 2009- 14674, as recorded in the Land Records of said County; thence along the South Line of said Tract, South 73°24'32" West, 8.76 feet to the point of beginning and containing 0.032 acres, more or less. Temporary Construction Easement Description (Karen E. Penrod) THAT PART OF LOT 1, BLOCK 1 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Chiseled Cross on the Southwest Corner of Lot 1, Block 1 of Campbell-Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 40°38'28" West, 55.00 feet to a point on the South Line of a 5 Tract of Land described in Deed Book 407, Page 518, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 34°25'59" East, 8.28 feet; thence leaving South Line of said Tract, South 40038'28" East, 60.70 feet to a point on the North Line of a Tract of Land described in Document No. 2008- 08476, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 73024'32" West, 8.76 feet to the point of beginning and containing 0.011 acres, more or less. Temporary Construction Easement Description (James Lee & Sharon Marie Essner) THAT PART OF LOT 14 OF BON DOZA SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 50, AND THAT PART OF LOT 1, BLOCK 1 OF CAMPBELL- WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY & COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest Corner of Lot 14 of Bon Doza Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 50 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 38023'48" West, 54.70 feet; to a point on the South Line of a Tract of Land described in Document No. 2007-07929, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 53003'01"East, 8.00 feet; thence leaving the South Line of said Tract, South 38023'48" East, 54.34 feet; thence South 40038'28" East, 28.91 feet to a point on the North Line of a Tract of Land described in Document No. 2009-14674, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 34025'59" West, 8.28 feet to a point on the Northerly Right of Way Line of Kingsway Drive; thence along the 6 Northerly Right of Way Line of said Road, North 40°38'28" West, 31.20 feet to the point of beginning and containing 0.016 acres, more or less. Temporary Construction Easement Description (Estes Family Revocable Trust dated May 4, 2007) THAT PART OF LOT 14 OF BON DOZA SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 50, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Northwest Corner of Lot 14 of Bon Doza Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 50 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 38°23'48" East, 66.50 feet to a point on the North Line of a Tract of Land described in Deed Book 407, Page 518, as recorded in the Land Records of said County; thence along the North Line of said Tract, North 53°03'01" East, 8.00 feet; thence leaving the North Line of said Tract, North 38°23'48" West, 68.82 feet to a point on the East Right of Way line of Grandview Drive; thence along the East Right of Way Line of said Road, South 36°46'48" West, 8.28 feet to the point of beginning and containing 0.012 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. Temporary Construction Easement Description (Kay E. Davidson) THE EAST PART OF LOT 1 OF KURRE HEIGHTS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 33, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 7 Begin at the Southwest Corner of Lot 1 of Dunce Heights Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 33 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36°53'59" West, 87.70 feet to a point on the South Line of a Tract of Land described in Document No. 2003-10340, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 37°41'09" East, 21.56 feet; thence leaving the South Line of said Tract, South 49°25'22" East, 10.24 feet; thence South 53°06'01" West, 8.00 feet; thence South 36°53'59" East, 79.04 feet to a point on the West Right of Way Line of Grandview Drive; thence along the West Right of Way Line of said Road, South 36°46'48" West, 15.63 feet to the point of beginning and containing 0.032 acres, more or less. Temporary Construction Easement Description (Robbie H. Eastman) THE WEST PART OF LOT 1 OF KURRE HEIGHTS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 33, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast Corner of Lot 2 of Riverside Meadows Subdivision as shown by plat thereof recorded in Plat Book 6 at Page 47 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 29059'19" East, 10.00 feet; thence South 29004'58" West, 4.00 feet; thence South 36053'59" East, 60.00 feet to a point on the North Line of a Tract of Land described in Document No. 2008- 12667, as recorded in the Land Records of said County; thence along the North Line of said 8 Tract, North 37041'09" East, 21.56 feet; thence leaving the North Line of said Tract, North 49025'22" West, 41.26 feet; thence North 29050'23" West, 29.04 feet to a point on the South Line of a Tract of Land described in Deed Book 1110, Page 192, as recorded in the Land Records of said County; thence along the South Line of said Tract, South 35052'51" West, 11.04 feet to the point of beginning and containing 0.024 acres, more or less. Temporary Construction Easement Description (Carolyn J. Westrich Revocable Trust dated March 30, 2001) THAT PART OF LOTS 1 AND 2, BLOCK 1 OF RIVERSIDE MEADOWS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 6 AT PAGE 47, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast Corner of Lot 1 of Riverside Meadows Subdivision as shown by plat thereof recorded in Plat Book 6 at Page 47 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 29059'19" West, 150.73 feet to a point on the East Right of Way Line of East Riverside Drive; thence along East Right of Way Line of said Road, North 29007'14" East, 18.04 feet; thence leaving East Right of Way Line of said Road, South 29050'23" East, 37.30 feet; thence South 60009'37" West, 5.00 feet; thence South 29050'23" East, 118.19 feet to a point on the North Line of a Tract of Land described in Document No. 2003- 10340, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 35052'51" West, 11.04 feet to the point of beginning and containing 0.040 acres, more or less. 9 Temporary Construction Easement Description (Jeremiah Watson & Kellev A. Reves Watson) THAT PART OF LOTS 1 AND 2, BLOCK 2 OF RIVERSIDE MEADOWS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 6 AT PAGE 47, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Southwest Corner of Lot 1, Block 2 of Riverside Meadows Subdivision as shown by plat thereof recorded in Plat Book 6 at Page 47 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 29°59'19" East, 160.10 feet to a point on the West Right of Way Line of East Riverside Drive; thence along the West Right of Way Line of East Riverside Drive, North 29°07'14" East, 15.16 feet; thence leaving West Right of Way Line of said Road, North 29059'19" West, 11.97 feet; thence South 60000'41" West, 5.00 feet; thence North 29059'19" West, 140.35 feet; thence North 30017'00" West, 4.77 feet to a point on the South Line of a Tract of Land described in Deed Book 1140, Page 481, as recorded in the Land Records of said County; thence along South Line of said Tract, South 29007'14" West, 9.31 feet to the point of beginning and containing 0.031 acres, more or less. Temporary Construction Easement Description (Richard L. Thompson & Merinda D. Edmonds) THAT PART OF LOT 12, BLOCK 2 OF RIVERSIDE MEADOWS SECOND SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 7 AT PAGE 9, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 10 Begin a found Iron Rod at the Southwest Corner of Lot 12, Block 2 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 30°17'00" West, 159.44 feet to a point on the East Right of Way Line of Kingsbury Drive; thence along the East Right of Way Line of said Road, North 24°16'05" East, 9.83 feet; thence leaving East Right of Way Line of said Road, South 30°17'00" East, 160.41 feet to a point on the North Line of a Tract of Land described in Document No. 2010-06478, as recorded in the Land Records of said County; thence along North Line of said Tract, South 29°07'14" West, 9.31 feet to the point of beginning and containing 0.029 acres, more or less. Temporary Construction Easement Description (Gary W. Otte & Cheryl L. Otte) THAT PART OF LOT 9, BLOCK 4 OF RIVERSIDE MEADOWS SECOND SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 7 AT PAGE 9, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point being on the Northerly Right of Way Line of Kingsway Drive, said point also being on the East Line of a Tract of Land described in Document No. 2007-14315, as recorded in the Land Records of said County; thence along the East Line of said Tract, North 22°17'50" East, 12.24 feet to the point of beginning; thence continue along East Line of said Tract, North 22017150" East, 9.33 feet; thence leaving East Line of said Tract, South IMI 36044'48" East, 11.19 feet; thence South 36010'36" East, 149.56 feet to a point on the West Right of Way Line of Kingsbury Drive; thence along the West Right of Way Line of said Road, South 24016'05" West, 9.20 feet; thence leaving West Right of Way Line of said Road, North 36010'36" West, 154.05 feet, thence North 36044'48" West, 6.35 feet to the point of beginning and containing 0.029 acres, more or less. Right -of -Way Description (Gary W. Otte & Cheryl L. Otte THAT PART OF LOT 9, BLOCK 4 OF RIVERSIDE MEADOWS SECOND SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 7 AT PAGE 9, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road South 36010'36" East, 159.95 feet to a point on the West Right of Way Line of Kingsbury Drive; thence along the West Right of Way Line of said Road, North 24016'05" East, 12.07 feet; thence leaving West Right of Way Line of said Road, North 36010'36" West, 154.05 feet; thence North 36044'48" West, 6.35 feet to a point on the East Line of a Tract of Land described in Document No. 2007-14315, as recorded in the Land Records of said County; thence along the East Line of said Tract, South 22017'50" West, 12.24 feet to the point of beginning and containing 0.038 acres, more or less. Temporary Construction Easement Description (David West & Yvette M. West) 12 THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point being on the Northerly Right of Way Line of Kingsway Drive, said point also being on the West Line of a Tract of Land described in Deed Book 481, Page 188, as recorded in the Land Records of said County; thence along the West Line of said Tract, North 22°17'50" East, 12.24 feet to the point of beginning; thence continue along West Line of said Tract, North 22°17'50" East, 9.33 feet; thence leaving West Line of said Tract, North 36°44'48" West, 116.51 feet to a point on the East Line of a Tract of Land described in Document No. 2012-09702, as recorded in the Land Records of said County; thence along East Line of said Tract, South 22°15'56" West, 9.33 feet; thence leaving East Line of said Tract, South 36°44'48" East, 116.51 feet to the point of beginning and containing 0.021 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. Right -of -Way Description (David West & Yvette M. West) THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36°44'48" West, 116.50 feet to a point on the East Line of a Tract of Land described in 13 Document No. 2012-09702, as recorded in the Land Records of said County; thence along East Line of said Tract, North 22°15'56" East, 12.25 feet; thence leaving East Line of said Tract, South 36°44'48" East, 116.51 feet to a point on the West Line of a Tract of Land described in Deed Book 481, Page 188, as recorded in the Land Records of said County; thence along the West Line of said Tract, South 22°17'50" West, 12.24 feet to the point of beginning and containing 0.028 acres, more or less. Temporary Construction Easement Description (Sherry D. Inman Revocable Trust dated July 12, 2012) THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36°44'48" West, 116.50 feet to a point on the West Line of a Tract of Land described in Document No. 2007-14315, as recorded in the Land Records of said County; thence along the West Line of said Tract, North 22°15'56" East, 12.25 feet to the point of beginning; thence continue along the West Line of said Tract, North 22°15'56" East, 10.57 feet; thence leaving the West Line of said Tract, North 57°41'16" West, 105.09 feet to a point on the East Right of Way Line of Dunce Lane; thence along the East Right of Way Line of said Road, South 23°29'12" West, 8.10 feet; thence leaving East Right of Way Line of said Road, South 57041'16" East, 99.39 feet; thence South 36044'48" East, 6.74 feet to the point of beginning and containing 0.020 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. 14 Right -of -Way Description (Sherry D. Inman Revocable Trust dated July 12 2012) THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36°44'48" West, 116.50 feet to a point on the West Line of a Tract of Land described in Document No. 2007-14315, as recorded in the Land Records of said County, said point also being point of beginning; thence along West Line of said Tract, North 22°15'56" East, 12.25 feet; thence leaving West Line of said Tract, North 36°44'48" West, 6.74 feet; thence North 57°41'16" West, 99.39 feet to a point on the East Right of Way Line of Dunce Lane; thence along the East Right of Way Line of said Road, South 23°29'12" West, 45.03 feet to a point on the South Line of a Tract of Land described in Document No. 2012-09702, as recorded in the Land Records of said County; thence leaving the East Right of Way Line of said Road and along the South Line of said Tract, along the arc of a non - tangent curve to the Southeast, being concave to the Southwest, having a radius of 263.64 feet, a distance of 107.56 feet (the chord of said arc bears South 56°03'47" East, 106.81 feet); thence leaving South Line of said Tract and along the East Line of said Tract, North 22°15'56" East, 33.57 feet to the point of beginning and containing 0.103 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of 15 the above-described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of the Safe Routes to School - 2011 Project, along the north side of Kingsway Drive, from Janet Drive to Dunce Lane, in the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF . 2014. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor 16 SAFE ROUTES TO SCHOOL - 2011 .JANET DRIVE TO KURRE LANE City of Cape Girardeau 0 65 130 260 390 520 Division of Planning Services Feet March 4, 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT An Ordinance authorizing the acquisition of a Temporary Construction Easement and Right -of -Way for the Kingsway Sidewalk Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire an additional temporary construction easement and right-of-way needed for the Kingsway Sidewalk Project (Storey's Food Giant to Janet Drive). BACKGROUND/DISCUSSION On June 17, 2013, the City Council passed an ordinance authorizing City staff to acquire temporary construction easements and right-of-way for the Kingsway Sidewalk Project, which entails the installation of sidewalk from Storey's Food Giant to Janet Drive. Changes to the engineering plans require the acquisition of an additional temporary construction easement and right-of-way on one property, which was not included in the original acquisition ordinance. The attached ordinance has been prepared to authorize staff to proceed with the additional acquisitions. FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. The total value of the easement and right-of-way is estimated at $500. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Currently, there are no sidewalks along Kingsway Drive. The Kingsway Sidewalk Project will help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of a temporary construction easement and right-of-way for the Kingsway Sidewalk Project. ATTACHMENTS: Name: ❑ Kingsway Sidewalk_2014.doc ❑ Kingsway Sidewalk Pro act (Pnest).pdf Description: Kingsway Sidewalk Ord Kingsway Sidewalk Project Additional - Map BILL NO. 14-44 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY FOR THE KINGSWAY SIDEWALK PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property from Kristel D. Priest Living Trust dated September 15, 2009, or current owner(s), needed for a Temporary Construction Easement and Right -of -Way for the Kingsway Sidewalk Project, from Storey's Food Giant to Janet Drive, in the City of Cape Girardeau, Missouri. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owner(s) of the properties based on values provided by professional appraisers; to negotiate with the owner(s) of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. Temporary Construction Easement Description (Kristel D. Priest Living Trust dated September 15, 2009) THAT PART OF LOT 1, BLOCK 3 OF CAMPBELL AND WILKINSON'S SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 11 Commence at the Northwest Corner of said Lot 1, Block 3 of Campbell and Wilkinson's Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Easterly Right of Way Line of Kingsway Drive; thence along said Easterly Right of Way Line of said Road, South 35°23'28" East, 29.20 feet to the point of beginning; thence leaving the Easterly Right of Way Line of said Road, North 75°09'07" East, 5.00 feet; thence North 14°50'53" West, 16.21 feet; thence North 07°26'11" East, 12.68 feet to a point on the South Right of Way Line of Janet Drive; thence along the South Right of Way Line of said Road, South 73°24'32" West, 5.47 feet; thence leaving South Right of Way Line of said Road, South 07026'11" West, 11.44 feet; thence South 14050'53" East, 17.20 feet to the point of beginning and containing 0.003 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. Right -of -Way Description (Kristel D. Priest Living Trust dated September 15, 2009) THAT PART OF LOT 1, BLOCK 3 OF CAMPBELL AND WILKINSON'S SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Northwest Corner of said Lot 1, Block 3 of Campbell and Wilkinson's Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Easterly Right of Way Line of Kingsway Drive; thence along said Easterly Right of Way Line of said Road, South 35023'28" East, 29.20 feet; thence North 14050'53" West, 17.20 feet; thence North 07026'11" East, 11.44 feet to a point on the South Right of Way Line of Janet Drive; 2 thence along the South Right of Way Line of said Road, South 73°24'32" West, 14.59 feet to the point of beginning and containing 0.004 acres, more or less. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above-described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of a sidewalk from Storey's Food Giant to Janet Drive, along Kingsway Drive, in the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor 3 KINGSWAY SIDEWALK PROJECT (PRIEST) STOREYS FOOD GIANT TO JANET DRIVE -r „K.1w ,X WNW Irurce. Esri, DigitalGlobe, GeoE,y ubed , USDA, U�SGS,AE�TGetmapping, Aerogrid, IGN, IGP, swisstopo, and the GlS User Community City of Cape Girardeau 0 40 80 160 240 320 Division of Planning Services Feet March 7, 2014 AF F t.. WNW Irurce. Esri, DigitalGlobe, GeoE,y ubed , USDA, U�SGS,AE�TGetmapping, Aerogrid, IGN, IGP, swisstopo, and the GlS User Community City of Cape Girardeau 0 40 80 160 240 320 Division of Planning Services Feet March 7, 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 3/17/2014 SUBJECT An Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Right -of -Way for the Walnut Street Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire temporary construction easements, permanent drainage easements, permanent retaining wall easements, and right-of-way needed for the Walnut Street Project (West End Boulevard to Sprigg Street). BACKGROUND/DISCUSSION The Walnut Street Project was approved by Cape Girardeau voters on August 3, 2010 as part of the fourth Transportation Trust Fund (TTF-4). The project entails extending Walnut Street from Beaudean Lane to West End Boulevard. Sidewalk improvements along Walnut Street, from Sprigg Street to West End Boulevard, are also included. The centerline and right-of-way plan for the Walnut Street extension was approved by the City Council on May 15, 2006. In order to proceed with the project, the City must acquire the following: Temporary construction easements from twenty-three (23) property owners Permanent drainage easements from two (2) property owners Permanent retaining wall easements from two (2) property owners Right-of-way from three (3) property owners Twenty-three (23) total properties/property owners FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. Funding for the Walnut Street Project is from TTF-4. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The Walnut Street Project will provide an additional access point for the surrounding neighborhoods, establish a connection to Shawnee Park, and help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of temporary construction easements, permanent drainage easements, permanent retaining wall easements and right-of-way for the Walnut Street Project. ATTACHMENTS: Name: ❑ Walnut Street Acquisition 2014.doc ❑ Walnut Street Proiect.pdf Description: Walnut Street Ord Walnut Street Project - Map BILL NO. 14-45 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS, PERMANENT RETAINING WALL EASEMENTS, AND RIGHTS-OF-WAY FROM VARIOUS PROPERTY OWNERS FOR THE WALNUT STREET PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property from various property owners needed for Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way for the Walnut Street Project from West End Boulevard to Sprigg Street. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. TEMPORARY CONSTRUCTION EASEMENT PAUL C. MARTIN REVOCABLE INTER VIVO TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1�" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY 1 RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A 1-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A 1-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 199.11 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 269.68 FEET; THENCE LEAVING SAID SOUTH LINE, S 500 26' 07" W, 37.33 FEET; THENCE N 630 19' 52" W, 77.66 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT OF LAND; THENCE N 830 33' 35" W, 65.00 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE S 060 37' 33" W, 150.60 FEET ALONG RIGHT OF WAY LINE TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1135 AT PAGE N0. 194; THENCE S 830 22' 27" E, 167.38 FEET ALONG SAID SOUTH LINE; THENCE LEAVING SAID SOUTH LINE N 700 56' 32" E, 98.51 FEET; THENCE N 620 07' 35" E, 157.40 FEET; THENCE S 830 33' 35" E, 47.65 FEET; THENCE N 060 26' 25" E, 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1.03 ACRES MORE OR LESS. 44,765.25 SQUARE FEET.) 2 PERMENANT DRAINAGE EASEMENT PAUL C. MARTIN REVOCABLE INTER VIVO TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 199.11 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 47.65 FEET; THENCE LEAVING SAID SOUTH LINE, S 060 26' 25" W, 20.00 FEET; THENCE S 830 33' 35" E, 47.65 FEET; THENCE N 060 26' 25" E, 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.02 ACRES MORE OR LESS. (952.93 SQUARE FEET.) 3 PERMENANT RETAINING WALL EASEMENT PAUL C. MARTIN REVOCABLE INTER VIVO TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 617.58 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, S 060 37' 33" W, 21.77 FEET; THENCE S 830 22' 27" E, 15.00 FEET; THENCE N 060 37' 33" E, 21.82 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES MORE OR LESS. (326.92 SQUARE FEET.) 4 RIGHT OF WAY TRACT NO. 1 PAUL C. MARTIN REVOCABLE INTER VIVO TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 294.40 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 115.75 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 370.00 FEET AND A CENTRAL ANGLE OF 310 42' 02" FROM WHICH POINT A RADIAL LINE BEARS N 250 04' 29" W; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 204.71 FEET; THENCE N 830 22' 27" W, 6.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 900 00' 00"; THENCE ALONG SAID CURVE IN A NORTHWESTERLY AND NORTHEASTERLY 5 DIRECTION, 34.56 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE S 060 37' 33" W, 104.00 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" FROM WHICH POINT A RADIAL LINE BEARS S 830 22' 27" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION, 34.56 FEET; THENCE S 830 22' 27" E, 6.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 430.00 FEET AND A CENTRAL ANGLE OF 340 35' 38"; THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION, 259.62 FEET TO THE BEGINNING OF A REVERS CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 070 21' 22" FROM WHICH POINT A RADIAL LINE BEARS S 27058'05" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION, 77.03 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.41 ACRES MORE OR LESS. (18,032.87 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT NO. 1 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST 6 RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 90.23 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 378.56 FEET; THENCE LEAVING SAID SOUTH LINE, N 450 00' 00" E, 23.53 FEET; THENCE N 670 11' 24" E, 131.48 FEET; THENCE N 430 29 04" E, 61.02 FEET; THENCE S 800 26' 06" E, 17.62 FEET; THENCE S 610 21' 58" E, 29.25 FEET; THENCE N 850 23' 49" E, 101.66 FEET; THENCE N 440 07' 39" E, 70.92 FEET; THENCE S 760 00' 25" E, 25.96 FEET; THENCE S 130 59' 14" E, 40.84 FEET; THENCE S 860 17' 06" E, 76.40 FEET TO A POINT ON THE EAST LINE OF THE AFORE SAID TRACT OF LAND; THENCE S 070 47' 11" W, 87.57 FEET ALONG SAID EAST LINE; THENCE LEAVING SAID EAST LINE, N 87° 55' 17" W, 76.83 FEET; THENCE S 230 53' 53" W, 49.56 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.09 ACRES MORE OR LESS. (47,353.01 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT NO. 2 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE 7 SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 617.58 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 060 37' 33" E, 134.75 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF THE AFORE SAID TRACT OF LAND; THENCE S 830 22' 27" E, 15.00 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, S 060 37' 33" W, 37.92 FEET; THENCE S 380 48' 11" E, 57.13 FEET; THENCE S 060 37' 33" W, 36.66 FEET; THENCE N 830 22' 27" W, 40.70 FEET; THENCE S 060 37' 33" W, 20.03 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.10 ACRES MORE OR LESS. (4328.61 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 1 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION 3 AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 90.23 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINEN 830 33' 35" W, 64.95 FEET; THENCE LEAVING SAID SOUTH LINE, N 170 54' 42" W, 49.92 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 090 36' 27", FROM WHICH POINT A RADIAL LINE BEARS S 080 27' 22" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION, 100.61 FEET; THENCE S O10 09' 05" W, 15.88 FEET; THENCE S 230 53' 53" W, 49.56 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.11 ACRES MORE OR LESS. (4,773.17 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 2 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9 COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE N 070 47' 11" E, 75.00 FEET ALONG SAID EAST LINE; THENCE LEAVING SAID EAST LINE, N 860 17' 06" W, 76.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 020 03' 15" W, 13.36 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 070 12' 47" FROM WHICH POINT A RADIAL LINE BEARS S 020 03' 15" W; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 83.09 FEET; THENCE N 050 09' 32" W, 10.65 FEET; THENCE N 440 07' 39" E, 53.79 FEET; THENCE N 890 00' 00" E, 38.46 FEET; THENCE S 130 59' 14" E, 35.33 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.07 ACRES MORE OR LESS. (3,129.80 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 3 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 10 COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 199.11 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 47.65 FEET; THENCE LEAVING SAID SOUTH LINE, N 240 52' 31" W, 113.70 FEET; THENCE N 090 49' 02" E, 25.00 FEET; THENCE S 800 10' 59" E, 20.00 FEET; THENCE S 090 49' 02" W, 18.75 FEET; THENCE S 240 52' 31" E, 113.54 FEET; THENCE S 720 49' 05" E, 27.89 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. (2,833.82 SQUARE FEET.) PERMANENT RETAINING WALL EASEMENT MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 11 COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 070 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 830 33' 35" W, 617.58 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 830 33' 35" W, 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, N 060 37' 33" E, 134.75 FEET TO A '-" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 486 AT PAGE NO. 583; THENCE S 830 22' 27" E, 15.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 060 37' 33" W, 61.05 FEET; THENCE S 790 40' 53" E, 17.99 FEET; THENCE S 390 50' 47" E, 23.41 FEET; THENCE S 100 18' 51" W, 36.41 FEET; THENCE N 830 22' 27" W, 32.58 FEET; THENCE S 060 37' 33" W, 20.03 FEET TO THE POINT OF BEGINNING; CONTAINING 0.08 ACRES MORE OR LESS. (3,683.83 SQUARE FEET.) RIGHT OF WAY MICKEY C. AND WANDA L. HORN 12 A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE N 070 47' 11" E, 60.02 FEET ALONG SAID EAST LINE; THENCE N 830 40' 13" W, 25.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 340 17' 52"; THENCE ALONG SAID CURVE IN A NORTHWESTERLY AND SOUTHWESTERLY DIRECTION, 395.08 FEET TO THE BEGINNING OF A REVERS CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 370.00 FEET AND A CENTRAL ANGLE OF 020 53' 36" FROM WHICH POINT A RADIAL LINE BEARS N 270 58' 05" W; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 18.68 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND; THENCE S 830 33' 35" E, 115.75 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 260 56' 30" FROM WHICH 13 POINT A RADIAL LINE BEARS S 200 36' 43" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION, 282.13 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.52 ACRES MORE OR LESS. (22,471.84 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT SECOND MISSIONARY BAPTIST CHURCH OF CAPE GIRARDEAU A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 380 40' 13" W, 7.47 FEET; THENCE N 830 40' 13" W, 447.67 FFET; THENCE N 810 48' 52" W, 203.48 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 486 AT PAGE NO. 583; THENCE ALONG SAID EAST LINE N 070 47' 11" E, 87.57 FEET; THENCE S 810 04' 20" E, 109.74 FEET; THENCE N 860 17' 38" E, 40.71 FEET; THENCE S 700 04' 18" E, 30.17 FEET; THENCE S 830 40' 13" E, 71.18 FEET; THENCE N 880 53' 38" E, 102.92 FEET; THENCE N 720 14 40' 32" E, 29.11 FEET; THENCE S 830 40' 13" E, 45.80 FEET; THENCE S 480 55' 53" E, 43.87 FEET; THENCE S 830 40' 13" E, 98.15 FEET; THENCE N 060 19' 47" E, 38.70 FEET TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42005-03511; THENCE ALONG SAID SOUTH LINE S 830 22' 27" E, 94.67 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 42.96 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 1.49 ACRES MORE OR LESS. 64,705.87 SQUARE FEET.) RIGHT OF WAY TRACT SECOND MISSIONARY BAPTIST CHURCH OF CAPE GIRARDEAU A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 830 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 830 40' 13" W, 229.96 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINEN 380 40' 13" W, 34.56 FEET; THENCE N 830 40' 13" W, 631.57 FEET TO A POINT BEING ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE N 070 47' 11" E, 60.02 FEET ALONG SAID EAST LINE; THENCE LEAVING SAID EAST LINE, S 830 40' 13" E, 630.04 FEET; THENCE N 510 19' 47" E, 15 34.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 060 07' 15" W, 18.79 FEET ALONG SAID RIGHT OF WAY TO THE TRUE POINT OF BEGINNING, CONTAINING 0.92 ACRES MORE OR LESS. 39,890.20 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT DANNY STRATTON A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOTS 4 AND 5, BLOCK 12 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 420.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT TRAVIS L. AND PATRICIA S. YANCEY A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOTS 1, 2 AND 3, BLOCK 12 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 630.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT IVAN D. BRAGG A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 16 ALL OF THE NORTH 10.00 FEET OF THE WEST 75 FEET OF LOT 14, BLOCK 11 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT CASSANDRA STEWART A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF THE EAST 75 FEET OF LOT 14, BLOCK 11 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 375.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT ROBERT A. CORD A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 10.00 FEET OF LOT 1, BLOCK 11 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 1,500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT FLOYD PENNY A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 17 ALL OF THE WEST 115.00 FEET OF THE NORTH 10.00 FEET OF LOT 14, BLOCK 10 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 1,150.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT STEVEN S. & DANA L. WREN A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF THE WEST 50.00 FEET OF LOT 1, BLOCK 10 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 250.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT STINNETT RENTAL PROPERTIES, INC. A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOT 14, BLOCK 9 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT WALTER WHITE A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 18 ALL OF THE NORTH 5.00 FEET OF THE EAST 100.00 FEET OF LOT 1, BLOCK 10 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT DON GANIM INVESTMENTS, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOT 1, BLOCK 9 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT APG LIMITED, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16, HEREBY CONTAINING 525.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT MIRJANA DIETIKER A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 19 ALL OF THE SOUTH 10.00 FEET OF THE WEST 45.00 FEET OF LOT 8, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 450.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT JERRY LOMAX A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF THE EAST 75.00 FEET LOT 8, BLOCK 6 OF GIBONEY HOUGH THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 375.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT HAZEL LEE SMITH & BRENDA A. SCOTT A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 10.00 FEET OF THE WEST 10.00 FEET OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 100.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT JOHN Q. & GAYLA A. DACE A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 20 ALL OF THE WEST 125.00 FEET OF THE SOUTH 4.00 FEET OF LOT 8, BLOCK 7 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT MELESIO & KIMBERLY LANE ESPINOZA A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF LOT 7, BLOCK 7 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT OTTO M. & ROBIN M. GOEHMAN A PART OF IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF THE WEST 100.00 FEET OF LOT 8, BLOCK 8 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT COALTER & FELTY INVESTMENTS, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 21 ALL OF THE SOUTH 5.00 FEET OF THE EAST 50.00 FEET OF LOT 8, BLOCK 8 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 250.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT RAY R. & TANA M. GREEN A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF LOT 7, BLOCK 8 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above-described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of the Walnut Street Project, from West End Boulevard to Sprigg Street, in the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Harry E. Rediger, Mayor 22 2014. Gayle L. Conrad City Clerk 23 � -'U� 2c HL M -fog-, IF w 44 _AW "ONO LV �A, ON"UMM 0 Awl, Wo r u 11Z 17 Alt %w 41* dw AL annnn Staff: Scott A. Meyer, City Manager Agenda: 3/17/2014 SUBJECT Appointment of City of Cape Girardeau/Midmerica Hotels Corporation Feasibility Study Joint Committee EXECUTIVE SUMMARY On February 17, 2014, the City Council authorized the City Manager to execute an Amendment to Settlement Agreement and Release of Claims with MidAmerica Hotels Corporation relating to the hotel/motel/restaurant license tax. This agreement authorized the use of proceeds of the restaurant tax to commission a Feasibility Study to determine the economic viability of future potential projects, with the study to be completed by the end of November, 2014. BACKGROUND/DISCUSSION The Amendment requires that within 30 days of execution, the parties will establish a Joint Committee to review the scope and budget of the Feasibility Study, as well as any and all proposed projects identified and evaluated by the feasibility study. The Committee shall have six voting members, consisting of three persons appointed by the City Council and three persons selected by MidAmerica In addition, there will be two non- voting members, including one council member and one City Staff representative. STAFF RECOMMENDATION It is recommended that the City Council appoint three voting members and one non-voting staff representative to this Feasibility Study Joint Committee. ATTACHMENTS: Name: Description: No Attachments Available Staff: Gayle L. Conrad, CMC, MRCC, Agenda: City Clerk 3/17/2014 SUBJECT Appointment of one member to the Historic Preservation Commission for a term expiring April 16, 2015. EXECUTIVE SUMMARY Mr. Nicholas Snyder has resigned from the Preservation Commission. He was serving a term set to expire April 16, 2015. A copy of the roster is attached for your information. BACKGROUND/DISCUSSION Regarding membership on the Commission, Section 30-117 of the City Code states, "... the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " Members on the commission serve three-year terms. The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Carol Nesler Walter White STAFF RECOMMENDATION It is recommended that one member be appointed to the Historic Preservation Commission for a term expiring April 16, 2015. BOARD OR COMMISSION RECOMMENDATION The Commission feels Ms. Nesler would be the most qualified for this position. ATTACHMENTS Name: Description: ❑ Historic Preservation Comm.roster.doc HPC Roster ❑ nesler.carol.02-24-14.pdf Board App - Nesler, Carol ❑ white.walter.05-14-13.pdf Board App - White, Walter CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 3, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Historic Preservation Commission Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff contact—Ryan Shrimplin, Planning Services [Ord. 3841, 8/20/07, members reduced from 11 to 9]. Date Appointed Date Reappointed Term Expires R. Scott House September 20, 2004 3/21/05;5/5/08; 5/16/11 April 16, 2014 Alyssa Lage May 16, 2011 --- April 16, 2014 Sharon Giebler May 19, 2008 4/6/09, 4/16/12 April 16, 2015 Vacant (Snyder) --- --- April 16, 2015 Bill Eddleman, Chairman December 20, 2004 4/17/06; 5/1/06; 4/6/09,4/16/12 April 16, 2015 Dick Kent Withers May 19, 2008 4/6/09, 4/16/12 April 16, 2015 Patti House September 6, 2005 4/2/07; 4/5/10; 4/15/13 April 16, 2016 Charlotte Young Slinkard April 6, 2009 4/5/10; 4/15/13 April 16, 2016 RobertKomorech October 19, 2009 4/5/10; 4/15/13 April 16, 2016 Felix Kinsley (honorary) June 6, 2005 N/A (Town Crier/honorary) Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff contact—Ryan Shrimplin, Planning Services [Ord. 3841, 8/20/07, members reduced from 11 to 9]. Staff: Gayle L. Conrad, CMC, MRCC, Agenda: City Clerk 3/17/2014 SUBJECT Appointment of two members to the Tax Increment Financing Commission for terms expiring April 1, 2018. EXECUTIVE SUMMARY The appointments to the TIF Commission are made by the Mayor with the consent of a majority of the City Council. The terms of Mr. John Mehner and Mr. J. Ronald Fischer are set to expire April 1, 2014. Both have expressed interest in being reappointed to the Commission. BACKGROUND/DISCUSSION In April of 2002, the City Council appointed an 11 member TIF Commission to review and make recommendations with respect to proposed Tax Increment Financing Projects. Six members of the commission were appointed by the city, two by the school district, two by the county, and one by the outside taxing district that was within the project area Commission members appointed by the City serve for a four year term. The City positions on the commission are dedicated positions, while the remaining positions are project specific and are appointed at the time of the creation of a TIF project. There are no other applications on file, and a copy of the roster is attached for your review. STAFF RECOMMENDATION It is recommended that two appointments be made to the Tax Increment Financing Commission for terms expiring April 1, 2018. ATTACHMENTS: Name: Description: 0 TIF Commission.roster.doc TIF Commission Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 3, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. TIF Commission Members appointed by city serve four year term, appointed by Mayor with consent of City Council. Two members appointed by school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final approval of the redevelopment project. RSMo. 99.820. Meetings called by Chairman as needed. Staff contact—City Planner, 339-6326. Date Appointed Date Reappointed Term Expires John Mehner (city) April 1, 2002 3/20/06; 4/5/10 April 1, 2014 J. Ronald Fischer (city) April 7, 2005 3/20/06; 4/5/10 April 1, 2014 Vacant (Ritter) (city) --- --- April 1, 2016 Jay Knudtson (city) April 2, 2012 --- April 1, 2016 Danny Essner (city) April 1, 2002 4/5/05; 4/6/09; 03/18/13 April 1, 2017 Albert M. Spradling lII (city) April 1, 2002 4/5/05; 4/6/09; 03/18/13 April 1, 2017 Misty Clifton (school district) to end of project (school district) to end of project (other districts) to end of project (county) to end of project (county) to end of project Members appointed by city serve four year term, appointed by Mayor with consent of City Council. Two members appointed by school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final approval of the redevelopment project. RSMo. 99.820. Meetings called by Chairman as needed. Staff contact—City Planner, 339-6326. Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 3/17/2014 SUBJECT Appointment of two members for terms expiring April 2, 2015, to the Town Plaza Community Improvement District Board of Directors. EXECUTIVE SUMMARY Mr. Scott Campbell and Mr. Dan Barnard were reappointed to the Town Plaza CID in April of 2014 for a three year term. However, in the governing documents of the CID, board members are to be appointed for four-year terms. In light of this issue, Ms. Linda AuBuchon of the law firm Armstrong Teasdale in St. Louis, Missouri, who represents the Town Plaza CID, is requesting that Mr. Campbell and Mr. Barnard be appointed for an additional one year to complete the four-year term as stated in the governing documents. These terms would expire April 2, 2015. BACKGROUND/DISCUSSION On April 2, 2007, the City Council adopted Ordinance No. 3804 establishing the Town Plaza Community District and appointing five invidiauls to the initial Board of Directors for staggering terms. Pursuant to the governing documents of the Community Improvement District, members of the Board of Directors of the District are appointed by the Mayor with the consent of the City Council. Members serve three year terms. STAFF RECOMMENDATION It is recommended to appoint Mr. Scott Campbell and Mr. Dan Barnard to the Town Plaza Community Improvement District Board of Directors for an additional one year, for a total term of 4 -years, as stated in the governing documents for the CID, for a term expiring April 12, 2015. ATTACHMENTS: Name: ❑ Town Plaza CID.roster.doc Description: Town Plaza CID Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 3, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Town Plaza Community Improvement District Members appointed by city serve four year terms, appointed by Mayor with consent of City Council. Board of Directors shall be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within the proposed District or operator of a business operating within the proposed District. Date Appointed Date Reappointed Term Expires Scott Campbell, Vice -Chairman April 2, 2007 3/21/11 April 2, 2014 Dan Barnard , Treasurer April 2, 2007 4/4/11 April 2, 2014 Howard Newsome February 19, 2013 02/19/13 April 2, 2017 Bill Zellmer, Secretary April 2, 2007 1/20/09; 02/19/13 April 2, 2017 Sharon Sommer April 5, 2010 02/19/13 April 2, 2017 Members appointed by city serve four year terms, appointed by Mayor with consent of City Council. Board of Directors shall be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within the proposed District or operator of a business operating within the proposed District. Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 3/17/2014 SUBJECT Appointment of one member to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2016. EXECUTIVE SUMMARY Mr. Glen Williams resigned from the Girardeau Goes Green Advisory. He was serving a term set to expire July 1, 2016. Mr. Marc Mahnke and Mr. Forest Reutzel have expressed interest in being appointed, and the board applications are attached. A copy of the board roster is also attached for your information. Individuals who had expressed interest in the Board over the last two years were previously contacted to renew their Board Application. However, no additional applications have been received. BACKGROUND/DISCUSSION In April of 2009, the City Council adopted an ordinance creating the Girardeau Goes Green Advisory Board. The purpose of this board is to develop cost effective recommendations for how the Cape Girardeau City Government can: 1. Reduce energy consumption 2. Improve energy use efficiency 3. Reduce the City's environmental impact 4. Participate in environmental projects 5. Enhance its sustainability 6. Serve as a role model by providing education information to the community As stated in the ordinance, the Council shall make every effort to appoint persons with a demonstrated interest in promoting environmental sustainability in City operations. To the extent available, the Board shall include professional members representing such disciplines as environmental science, engineering, resource management, transportation, public works, recreation, facilities management, construction, or any other field related to environmental science. In addition, every voting member of the advisory board must be a resident of the City of Cape Girardeau. However, if the city council makes a finding that special expertise is required, up to two (2) additional ex - officio members who are residents of Cape Girardeau County may also be appointed. GENERAL DIRECTION Unless directed otherwise, one appointment to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2016, will appear on your next agenda for consideration. ATTACHMENTS: Name: ❑ Green Board Roster 03-03-14.doc ❑ mahnke.marc.01-15-14.pdf Description: Girardeau Goes Green Board Roster Board App - Mahnke, Marc ❑ reutzel.forest.12-05-13.odf Board App - Reutzel, Forest CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 3, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Patrick Koetting Steve Maldonado Jeff Green David Epps Chris Wubbena - Ex -officio Sam Blackwell Vacant (Williams) Brian Noto Ex -Officio Stephen Overmann - Ex -officio Trent Summers - Ex -officio Council Girardeau Goes Green Advisory Board Date Appointed Date Reappointed January 24, 2012 --- October 17, 2011 --- September 23, 2013 --- September 23, 2013 --- June 17, 2013 --- March 21, 2011 6/17/13 June 17, 2013 --- June 18, 2012 to June 17, 2013 July 6, 2009 6/18/12 April 16, 2012 --- Term Expires July 1, 2014 July 1, 2014 July 1, 2015 July 1, 2015 July 1, 2015 July 1, 2016 July 1, 2016 July 1, 2016 July 1, 2015 July 1, 2015 Serve three year terms appointed by Council. Two ex -officio members with special expertise residing in Cape Girardeau County can be appointed. Council member can serve as ex -officio member. Meetings held second Tuesday of each month., 7:00 p.m, Cape Public Library. Purpose is to develop cost effective recommendations on how the City organization can reduce its environmental impact, enhance its sustainability, and serve as a role model for the region. Staff contact — Mike Schott, Public Works, 339-6351. Staff: Gayle L. Conrad, CMC, MRCC, Agenda: City Clerk 3/17/2014 ATTACHMENTS: Name: ❑ min.parks.02-10-14.pdf ❑ min.SEMPO-TPC.02-10-14.pdf ❑ min.chamber.03-04-14.pdf Description: Parks and Recreation Advisory Board - February 10, 2014 SEMPO Technical Planning Committee - February 10, 2014 Chamber of Commerce - March 4, 2014 Parks and Recreation Advisory Board February 10, 2014 Page 2 B. Parks and Recreation Goals for 2014 Director Julia Thompson reviewed the Parks and Recreation Department's goals from 2013 and the accomplishments that were made from last year. She then went on to describe the details of the goals set for the department for 2014. C. Capital Improvement Additional Comments Director Julia Thompson introduced the discussion about land acquisition. Currently the department doesn't have the ability to buy land unless the city council allocates money for the department to use. She explains that the department is looking for a way to set specific money aside in case land would become available that we would absolutely want to purchase. Director Thompson said she would speak to City Manager, Scott Meyer to see how the department can go about doing this. D. Discussion of the city's new settlement agreement with MidAmerica Corporation Director Julia Thompson reports that the city will complete an economic study to see what would be more beneficial to the city as a whole. The community facilities that are being considered are an Indoor Sports Complex, an Indoor Aquatic Facility, an Ag/Expo Center, and a Convention Center. The study will indicate which of these facilities will be more utilized and it will pin point where our needs reside as it relates tourism and economic impact for the city. 4. REPORTS A. Parks and Recreation Project Updates Parks Division Manager Brock Davis gave a brief update on Park projects. Brock describes that the outdoor fitness equipment for the Cape La Croix Trail is delivered along with the trash cans and benches that will be placed along the trail. When the weather becomes warmer they will begin the installation. Brock also reported that the shelter for Capaha Park will be delivered in March, and electrical schematic plans for Capaha Park are currently in the works. B. Golf Course Advisory Board Parks Division Manager Brock Davis reported that the golf maintenance crew has completed all equipment repairs and cleaning and they are waiting on warmer weather to work on the greens. Recreation Division Manager Scott Williams also reported that the Tee Marker Sponsorships have all been renewed or resold for all 18 holes. All proceeds benefit the Parks and Recreation Foundation. C. Tree Board Tree Board Chairman, Robert Harris reported that the board elected two new members, Rocky Hayes and Sean Huston. Mr. Harris reminded everyone that the Arbor Day is April 4", and Friends of the Parks Day is April 26". D. Red House Interpretive Committee The February meeting was rescheduled for March 6" E. Parks and Recreation Foundation Foundation Chair Person, Bari Neff reported that the Cardinals Caravan event was a success with over 300 in attendance, along with reporting the huge success of the Celebration of Youth Sports Awards Banquet. Parks and Recreation Advisory Board February 10, 2014 Page 3 F. Monthly Staff Report/Calendar Update Recreation Division Manager Penny Williams described the impact the Parks and Recreation Department had in just one weekend. She reported that within 72 hours, the department impacted 3,845 participants, not including any spectators. She explains that the Parks and Recreation Department is touching the lives of many all the time. Mrs. Williams goes on to describe the upcoming events for the next couple of months. 6�611 Il: 14 4 -Ilk 1LI1*91 A. Next Board Meeting The next Parks and Recreation Advisory Board Meeting will be held on Monday, March 10, 2014. [-�_P7fell] 1LIILTA 4LIY1 There being no further business, the meeting was adjourned with a motion from Steve Taylor and seconded from Craig Billmeyer. Motion passed. Submitted: Bari Neff, Secretary S theast :eMvo fop liton �igaus cation ,fir TECHNICAL PLANNING COMMITTEE MEETING MIN IOrFebruary 10, 2014 Osage Centre_ Cape Girardeau Technical Planning Committee Members Present Mr. Mark Bechtel, Federal Janet Administration (via conference call) Mr. Rodney Bollinger, CIN ofJackson Mr Tom CaIPNell Illinois Department of Tansportatlon Mr Drew Chb9lan, Southeast Missouri Regional Planning BEconome Development Commission Mr. Steve Duke, Bootheel Regional Planning Commission NM conference alb Mr Joe Killian, Missouri Department of Tansportatlon Mr. Mike wtusiek, Federal Highway Adminlstallon NM conference all) Mr Bruce Wy, CIN ofCape Girardeau Mr Brian OkenNs, Missouri Department of Tansportation Mr Mark PM1lllips, Cape Special Road Dlsttltl Mr. Bill Robineft Missouri Department NTanspohatlon (via conference all) Ms Betsy Tracy Federal Highway Administration (via conference alp Ma. Eva Voss Mlsouh Department of Transportation Nis conference call) Staff Present Ms Molly Hood CIN of Cape Girardeau Mr Ryan Shbmplln, CIN of Cape Girardeau Lall to 0rear In the absence of Chairman Payne, Vice Chairman Bollinger called the mapping to order at 3:00 pm Introductions The group want around the room wlm each person giving a brier introduction. Jeff and Tracey Olenp Olenmiew Strategies , were introduced asMo00T consultants Public Comments There were no public comments Adoption of Agenda The February 10, 2014 Technical Planning Committee Meeting Agenda was unanimously approved for adoption upon Human made by Mr Phillips and seconded by Mr Lcy Approval of Minutes The minutes of the October 2, 2013 Technical Planning Committee Meeting were unanimously approved upon motion made by Mr. Christian and seconded by Mr. Phillips. Communications from the Chairman There were no communications from the Chairman. New/Unfinished Business Mr. Jeff Glenn explained that Glennview Strategies is part of a multi -firm consulting team that has been retained by MoDOT to assist MPO's and RPC's with developing and implementing a process for creating a prioritized transportation project list as required by the initiative petition for the proposed 1% sales tax. The process must be inclusive, transparent and accountable. It must also address the needs of all modes of transportation. He then presented a draft scope of services document that outlines the tasks to be completed. The first task is to develop a prioritization assessment process and submit it to MoDOT by the February 28, 2014 deadline. The second task is to conduct outreach meetings in March for key transportation stakeholders, facilitated by the consulting team. A list of the stakeholders will be prepared, and notice of the meeting provided via SEMPO's website, social media, and other means. The third task is to solicit ranked value propositions from stakeholders though an online survey ("Important to Us") conducted in March. The consulting team will then take the information obtained from the survey and develop a scoring tool for the Technical Planning Committee. In early April, the consulting team will present the results and the weighting criteria for the scoring tool. The Committee members will then utilize the scoring tool to assign a score to each project in the project list. In late April, the Committee will meet to prioritize the list and recommend approval to the Board of Directors. The Board will then meet later that day to approve the final prioritized list for submission to MoDOT by the April 30, 2014 deadline. The Committee then discussed possible dates for the two meetings in April. It was agreed that the first meeting will be held on April 9, 2014 with the second meeting to be held on April 23, 2014. Staff will check with the Board to make sure they can also meet on April 23''. The Committee directed staff to submit the draft scope of services document to MoDOT by the February 14, 2014 deadline. Mr. Shrimplin reported that staff is working with the SEMO RPC to complete the Title VI Program. The document will be on the March 5, 2014 Technical Planning Committee Meeting Agenda for final review and recommendation of approval to the Board of Directors. Mr. Robinett stated that MoDOT has issued the RFP for the review of the Title VI Programs to be submitted by the MPO's and RPC's by March 31, 2014. Ms. Hood presented a draft of the Public Participation Plan. The Plan contains a table that lists each SEMPO work product along with a minimum public comment period and means of notification. The proposed minimum public comment periods are 45 calendar days for the Public Participation Plan, 30 calendar days for the Long Range Transportation Plan and the Transportation Improvement Plan, and 15 calendar days for amendments to the preceding items, the Unified Planning Work Program, and all other plans, programs, and projects. The Public Participation Plan also identifies methods for engaging the public in the development of these items. The Committee agreed that the draft is a good start and expressed no concerns. Ms. Tracy stated that the Public Participation Plan does not need to be updated on a fixed schedule; rather, it should be evaluated on an on-going basis and amended as needed. Southeast Metropolitan Planning Organization goo TPC Meeting Minutes February 10, 2014 Page 2 of 3 Mr. Christian discussed the Long Range Transportation Plan. He stated that SEMO RPC prepares long range transportation plans for its member counties, and he would like to utilize a similar format for SEMPO. He added that the Long Range Transportation Plan will address Title VI requirements. Mr. Latuszek asked if a schedule has been prepared for the plan, and who will be conducting the traffic demand modeling. Mr. Christian replied that a formal schedule is still being developed. The RPC has not made a decision on the modeling, but is considering using an outside consultant. Mr. Killian presented the proposed amended FY 2014-2017 Interim Transportation Improvement Program. Mr. Loy asked how specific the cost figures need to be. Mr. Killian responded that the numbers for the federally funded projects are estimates provided by MoDOT. Mr. Loy made a motion to recommend approval of the amended FY 2014-2017 Transportation Improvement Program to the Board of Directors. Mr. Phillips seconded the motion. The motion passed unanimously. Other Communications Mr. Killian announced that the Freight Forum, originally scheduled to be held on February 5, 2014, was postponed due to inclement weather. MoDOT will send out a notice once it has been rescheduled. Adjournment Upon motion made by Mr. Phillips and seconded by Mr. Christian, the Committee unanimously voted to adjourn the meeting at 4:30 p.m. Respectfully submitted, Ryan Shrimplin Acting Executive Director Southeast Metropolitan Planning Organization goo TPC Meeting Minutes February 10, 2014 Page 3 of 3 Cape •-au Area Chamber of Commerce Board of Directors Tuesday, 1 1 Chamberof • - Board Room C -Action should beanticipated) 1. Call to Order Planning and Governance 2. *Minutes 3. *New Members / Drop Members 4. *Financial Statements 5. *First Friday Coffee Location Decision 6. Hospitality Tax Next Steps 7. Use Tax Decisions 8. Co -Location Discussion 9. Executive Staff Reports 10. Standing Reports a. Cape Area Magnet b. Convention & Visitors Bureau c. City of Cape Girardeau d. Cape Girardeau County e. Southeast Missouri State University f. Cape Girardeau Public Schools g. OTC 11. Other Business 12. Adjourn r i f President's Report February 2014 February 1 — February 8: • Hosted Executive Committee meeting • Met with city representatives and St. Louis developers on business park • Met with city representatives on development issues • Hosted Greater Cape Annual Meeting • Prepared for board meeting • Collected information on soon to be vacant distribution center building • Hosted Board of Directors meeting • Met with the mayor on several issues • Hosted luncheon for new area AT&T representative Craig Felzein • Worked on directory issues • Scheduled radio appearances • Conducted interview for business development specialist position • Met with Nancy Jernigan on job development partnership opportunities • Met with Tim and Brian Tapp on development possibilities • Met with Skip from Ameren on business park issues • Met with James Stapleton on summer entrepreneurship camp idea • Attended ribbon cutting for Smoke Shack • Attended weekly Team wrap up meeting • Attended (and played music) at Cape Public Schools Foundation Penguin Party February 9 — February 15: • Drove to Jefferson City and attended Missouri Economic Development Council Winter Conference • Attended MEDC Board of Directors meeting • Met with prospect in Rolla • Hosted staff meeting • Met with Tim and representatives from the city and West Park Mall on future development ideas • Attended Grow Strong • Hosted Transportation Committee meeting • Worked on Progress Edition information • Met with Tim and representative from GTS logistics company on trucking issues • Attended appreciation lunch at the Career and Technology Center • Participated in meeting with the FDIC via telephone on local banking climate • Spoke with AT&T engineer on business park development • Met with our DED representative Terry Maglich on local development • Attended First Friday Coffee • Attended weekly Team wrap up meeting February 16 — February 22: • Took 1 day of vacation to make visit to Valparaiso University • Attended funeral of Bob Hahn • Attended Business After Hours at Broadway Biergarten • Worked with local developers on buildings • Hosted Staff meeting • Met with James Stapleton on continuing ideas • Attended Lions Club meeting • Did a walkthrough of a soon to be vacant distribution center building with prospects • Met with Scott Blank, Tim, and Tom Kelsey on a prospect • Hosted CVB Task Force meeting • Did presentation on local use tax to the Pachyderm Club • Conducted interview for the business development specialist position • Prepared for board meeting • Met with local expert on social media opportunities for the Chamber • Attended weekly Team wrap up meeting February 23 — February 28: • Traveled to Jefferson City and presented at the Missouri Chamber of Commerce and Industry Lobbying Boot Camp • Attended dinner with other chamber executives on new Chamber Federation idea from the Missouri Chamber • Attended Missouri Chamber Day at the Capitol • Presented session on Economic Development at Missouri Chamber Day • Attended Redhawks Club meeting • Attended retirement celebration for Bob Reeves • Hosted Government and Public Policy Committee meeting • Attended ribbon cutting for Lifestyle Design • Attended Old Town Cape Annual Dinner • Conducted interview for business development specialist position • Attended ribbon cutting for 24/7 in Jackson • Attended University Foundation Board of Directors meeting • Attended weekly Team wrap up meeting In addition, I met or spoke with more than 47 members and non-members on issues of importance to the area. Kim Voelker Membership Development Specialist Report February 2014 February 3 — February 7 • Met with John and Tim • Attended Leadership Development committee meeting • Coordinated submissions for February edition of Inside Commerce • Prepared and recorded Chamber Minute at KAPE Radio • Finalize details for FFC— postponed to Feb. 14th due to University Campus being closed • Make preparations for Leadership Cape Learning in Cape Session • Coordinate articles and photo submissions for Progress 2014 • Send out communications for Grow Strong Luncheon • Attended staff meeting • Attended luncheon for Craig Felizine with AT&T • Volunteered with Read to Succeed at Alma Schrader Elementary • Attended Robinson Construction Open House — Perryville Chamber After Hours • Office closed early on Feb. 4, 2014 due to weather and road conditions • Attended Ribbon Cutting for the Smoke Shak • Coordinate with current FFC/BAH sponsors for 2014 • Attended Cape Public Schools Foundation Penguin Party on Feb. 8th February 10 — February 14 • Met with John and Tim • Attended Ribbon Cutting at CVS Pharmacy • Attended Ribbon Cutting at Seyer Garage • Attended Ribbon Cutting for Endless Summer Tan and Healing Rays Phototherapy Clinic • Finalized details for CYP Power Lunch • Attended CYP Power Lunch — Career & Life Skills 101 Panel • Volunteered with Read to Succeed at Alma Schrader Elementary • Met with two Ambassador prospects • Coordinated and lead Chamber 101 new member orientation • Finalized details for Leadership Cape Learning in Cape Session • Prepared and recorded Chamber Minute at KAPE Radio • Coordinated and sent all submissions to Tracey for February Inside Commerce • Make final preparations for Grow Strong Luncheon • Attended Grow Strong Luncheon • Finalized details for FFC and setup • Attended FFC • Prepare for upcoming Business Builders Workshop — ACA • Met with OTC Director Membership Development Specialist Report February 2014 February 17 — February 21 • Vacation Day Monday, Feb. 17th • Met with John and Tim • Finalize detail with sponsors and host for BAH • Volunteered with Read to Succeed at Alma Schrader Elementary • Coordinated details for Ambassador meeting • Attended BAH at Broadway Biergarten • Prepared and recorded Chamber Minute at KAPE Radio • Attended staff meeting • Make final preparations for Leadership Cape Learning in Cape Session • Attended Leadership Cape Learning in Cape Session • Attended Grand Opening at Life Care Center of Cape Girardeau • Attended and led Ambassador meeting • Held Leadership Cape Team Liaison meeting to discuss projects • Met with Dana Hukel at BOLD Marketing to discuss social media strategies for the Chamber • Met with OTC Director February 24 — February 28 • Volunteered with Read to Succeed at Alma Schrader Elementary • Prepared and recorded Chamber Minute at KAPE Radio • Followed up with sponsors and presenter for FFC for March 7th • Met with Tonya Wells to discuss CYP event & BAH at River Campus • Met with Chelsey Howell Snider to discuss Taste of Chamber BAH event at the Venue • Attended OTC Annual Dinner • Attended retirement party for Bob Reeves • Finalized details for Business Builders Workshop • Attended Business Builders Workshop • Attended Ribbon Cutting for Lifestyle Designs • Met with Sarah Summers to discuss logo options for CYP • Personal day on Friday, Feb. 28th • Met with Brian Russell with ESI.comm to discuss membership benefits • Prepare for upcoming CYP planning meeting • Prepare for upcoming Leadership Development meeting