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Home My WebLink AboutOrd.4384.11-05-2012A ok e. iba iurnF Dor- MEN 2012- 14 77 SCOTT It "CLARK EC Rt1ER of DEEDS CAPE GIRAPDEAU COUNTY, MO RECORDED ON II/i /2 124WEPS REC qFq.Es�39.00 (ABOVE SPACE RESERVED FOR RECORDER OF DEEDS' USE) Title of Document: Sanitary Sewer Easement Effective Date of Document: May 4, 2012 Grantor: Drury Southwest, Inc., a Missouri corporation Grantee: The City of Cape Girardeau, Missouri, a municipal corporation Grantee's Address: 101 S. Farrar Drive Cape Girardeau, MO 63701 Legal Description: See Exhibit A, attached and incorporated herein. Reference Boole and Page: N/A SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Drury Southwest, Inc., a Missouri corporation ('Grantor"), in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, does hereby grant to the City of Cape Girardeau, Missouri, a municipal corporation ('Grantee"), a non-exclusive easement for the purpose of maintenance and repair of an underground sanitary sewer within the areas described below on Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Areas"). SAID easement is granted for the purpose of enabling Grantee, its agents, servants and assigns to use the Easement Areas for the purpose of operation, maintenance and repair of underground sanitary sewer improvements. Grantee shall be responsible for the maintenance, repair, replacement and operation of the underground sanitary sewer improvements and related adjuncts, appurtenances, manholes and appliances in connection therewith located in the Page 1 of 3 Easement Areas, in a first class condition and in compliance with all laws, codes and other governmental requirements. The grant of this Easement is and shall be subject to any existing easements, matters of record, and utilities, and further subject to the right of Grantor, its successors and assigns, tenants, servants, visitors and licensees, to use the Easement Areas for any and all lawful purposes connected with the use and enjoyment of the Easement Areas as well as additional land adjoining, appurtenant and nearby to the Easement Areas, not inconsistent with the easement herein conveyed, and, further, the grant of this easement is and shall be subject to the right of Grantor, its successors and assigns, to grant additional easements in the Easement Areas for other purposes and for other utilities, including without limitation, gas, electric, telephone, cable, sewer, drainage, water and storm water sewer easements. Grantee covenants and agrees, subject to §537.610 RSMO, to defend, indemnify and save Grantor, its successors and assigns harmless from any and all cost, claims, damage and expense arising out of or resulting from Grantee's use of the Easement Areas or the exercise of the rights, privileges, permission and authority herein granted, including without limitation cost, claims, damage and expense arising out of or resulting from use by Grantee's agents, servants, assigns, contractors, employees, tenants, licensees and invitees of the Easement Areas, or occasioned by the construction of any improvements by Grantee. Grantee covenants and agrees that it will, at termination of this Easement and the rights, privileges, permission and authority herein granted, in whatever manner such termination occurs, repair any damage to Grantor's property and promptly return Grantor's property to the same or better condition as existed as of the Effective Date, free and clear of all claims, liens, charges, and encumbrances, excepting only those which may be placed thereon by Grantor. The undersigned covenants that it is the owner in fee simple of the above described property and has the legal right to convey same. (SIGNATURES ON FOLLOWING PAGE) Page 2 of 3 IN WITNESS WHEREOF, the undersigned has executed this instrument to be effective the 4 "h day of May, 2012. GRANTOR: DRURY SOUTHWEST, INC. A Carolyn E I oluiert, Sr. Vice President STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this 7r" day of August, 2012, before me personally appeared Carolyn F. Bohnert, known to me to be the person who executed the foregoing instrument, who, being by me duly sworn, did say that she is the Sr. Vice President of Drury Southwest, Inc., and that said instrument was signed in behalf of said corporation and acknowledged to me that she executed the same for the purposes stated therein and as the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. 6M-- 7. S. Schrnittzehe, 7I otary Public My Commission Expires: April 10, 2014 J. S. SCHMZEH Notary PublicITT - NotaryE Seal Stale of Missouri Commissioned for Cape Girardeau County My Cos1on res:Commission Number:iO4i35797 2014 Page of Description of Easement Areas NORTH SANITARY SEWER EASEMENT CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICUARLY DESCRIBED AS FOLL034�S: A strip of land being 20.00 feet wide lying 10.00 feet along each side of the following described centerline. Commencing at the intersection of the west right of way line of Interstate Route 55 and the north right of way line of Missouri State Route 74, said point being 128.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1267+50.52 and said point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 23+20.46; Thence along the west right of way of Interstate Route 55 the following courses and distances: N 21- 17'50" W, 1084.62 feet to a point being 128.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1256+65.90, said point also being the beginning of a curve concave to the southwest having a central angle of 29° 44'45" and a radius of 328.00 feet; Thence along said curve in a northwesterly direction, 170.28 feet to the True Point of Beginning; Thence leaving said right of way, S 77'46'29" W, 133.72 feet; Thence N 69° 56'49" W, 167.48 feet; Thence S 58° 31'46" W, 229.32 feet; Thence S 14° 22'51" W, 91.91 feet; Thence S 760 06' 36" W, 19.46 feet to a point on the easterly right of way line of Siemers Drive and there terminating. The sidelines of said easement being prolonged and shortened to terminate at the west right of way of Interstate Route 55 and with the easterly right of way line of Siemers Drive. SOUTH SANITARY SEWER EASEMENT A PART OF UNITED STATES PRIVATE SURVEY 175, 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: A strip of land being 20.00 feet wide lying 10.00 feet along each side of the following described centerline. Commencing at the intersection of the west right of way line of Interstate Route 55 and the north right of way line of Missouri State Route 74, said point being 128.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1267+50.52 and said point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 23+20.46; Thence along the north right of way of Missouri State Route 74 the following courses and distances: S 510 57' 51" W, 54.30 feet to a point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 22+66.16; Thence S 51° 58' 08" W, 328.89 feet to the True Point of Beginning, said point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 19+37.27; Thence leaving said right of way line, N 38° 02' 13" W 143.94 feet; Thence S 68° 17' 58" W, 70.95 feet; Thence S 22" 14' 18" W, 8 1. 11 feet; Thence N 89" 19' 01 " W, 222.72 feet to a point on the easterly right of way of Siemers Drive, said point being the beginning of a non -tangent curve, concave to northeast having a central angle of 01" 19'41 " and a radius of 920.43 feet from which point a radial line bears N 70" 59' 27" E; Thence along said curve and right of way in a southeasterly direction, 21.33 feet; Thence leaving said right of way line, S 89° 19'0 1 " E, 228.90 feet; Thence N 22° 14' 18" E, 86.21 feet; Thence N 68" 17' 58" E, 37.05 feet; Thence S 38° 02' 13" E, 131.89 feet to a point on the afore said north right of way line of Missouri State Route 74; Thence along said right of way, N 51° 58' 08" E, 30.00 feet to the True Point of Beginning, containing 0.26 acres more or less. � � \ \ \ . ƒ |� � \ / «) § \ } ,m ,e § \( ' ;} !•! 0. 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