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Home My WebLink AboutOrd.4555.03-17-2014BILL NO. 14-29 ORDINANCE NO. 41�§5 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 03° 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 Cordonville 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 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 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 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 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. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage �and approva PASSED AND APPROVED THIS 11 DAY OF L7 2014, Harry E./Red-'ger, Mayor ATT T: /f UMA(J�" 3 2� Gayle Conrad, City Clerk �i I w� ® ��c1�y�(�ik vat 2 . III 1111111 II 11111111 . QC1 8096459 Tx:4059842 NNNNNNNNNNNNN r" 0ER OF\`NI DOCUMENT # rGod' Occ��, 2014-03531. to 4 #i N 'I� SCOTT R CLARK A Al RECORDER OF DEEDS 00 ! ' 1O 0 CAPE GIRARDEAU COUNTY, MO st .,^4� '"' �� RECORDED ON 04/10/2014 2:02 PM REC FEE: 36.00 '''%g10EAU G' PAGES: 5 RECORDER OF DEEDS COVER PAGE Title of Document: Permanent Sanitary Sewer Easement Date of Document: January 6, 2014 Grantor(s) Name& Address: Saint Francis Medical Center 211 Saint Francis Drive Cape Girardeau, MO 63703 Grantee(s) Name& Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Legal Description: See following page. Reference Book& Page, if Required: PERMANENT SANITARY SEWER EASEMENT THIS EASEMENT AGREEMENT, entered into on this (Q day of Tan u art , 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 GRAN 1EE: 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" 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 this page is intentionally left blank. Signature pages follow.] • IN WITNESS WHEREOF, the undersigned has executed this easement this _ day of ,2014. SAINT FRANCIS MEDICAL CENTER, a Nonprofit Corporation By: is Name: S 'von. e. ;,4, fir-'i. Its: ?re.S14epif 0 d • STATE OF M I'SsoU,(s ) ss. COUNTY 0 FCCLPC CrirardeGA) On this G day of Taritu 1 ,in the year 2014, before me, a Notary Public in and for said State, personally appeared , known or identified to me to be the pr es i'c ent f ago of Saint Francis Medical Center, who executed the foregoing instrument on behalf of said Nonprofit Corporation. [ Notary Public My Commission Expires: Twit I+{i 2.0 i6 HAZEL MARIE KWESNER Notary Seal STATE OF MISSOURI Soott County My Commission Expires:June 14,2015 Commission#11421494 I. IN WITNESS WHEREOF, the undersigned has executed this easement this oq8 'day of gad, ,2014. ,''CISDA110;44, R CITY OF CAPE GIRARDEAU, 4�' �a �l ,\ a Municipal Corporation of the County of Cape Girardeau, ,'') \�,4,\ //' State of Missouri„/"? �;y (____zezi,:e. 4�t� i , VAR �w k. , �r A, . . Name: Scott /j �v5 tc . '; Its: LL, .1 /Y9a.rnler 4r,' }4 ,fir A 1TE±rt l'''. :•"�'yf By: 4� Q dei Name: 6le, L. Its: C,-/j (f/erk, STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) .,�Q On this day of 4rd) ,in the year 2014, before me, a Notary Public in and for said State, personally appeared 5be t A.D1Pijer— , known or identified to me to be the J., / /, ,,., of the City or Cape Girardeau, who executed the instrument on behalf of sail unicipal orporation. vc.-5wc, .-}e(15Qk Notary Public My Commission Expires: ekat• A, ,:??6/6- BRUCE ?Oi5BRUCE TAYLOR Notary Public- Notary Seal STATE OF MISSOURI Scott County My Commission Expires: Oct. 2, 2015 Commission # 11249070