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HomeMy WebLinkAboutOrd.4559.04-07-2014I IIIIIII'.IVIIIIIIII 2014-03905 SCOTT R CLARK RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, Mtn RECORDED ON 04122/2014^}1:31 PM REC: FEE: 33.00 PAGES: 4 Title of Document: Permanent Sanitary Sewer Easement Date of Document: January 2, 2014 Grantor(s) Name & Address: Charles L. Drury Revocable Trust Dated March 6, 1989 721 Emerson Rd, Suite 200 St. Louis, MO 63141 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 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 terns 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 84000'40" 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 comer of said tract, said coder 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 perform 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. IN WITNESS WHEREOF, the undersigned have executed this easement this '9- day of w r 20 -1q -- CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 198(9 Signature Charles L. Drury, Trustee of the Charles L. Drury Revocable Trust Dated March 6, 1989 STATE OF MISSOURI ) ss. COUNTY OF ST. LOUIS ) 1 V BE IT REMEMBERED, that on this fv day of d„i ( v' 20J, before me, the undersigned notary public, personally appeared Charles L.ruryD Tr'6stee of the Charles 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 instrument to be the free act and deed of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. I � Notary public My Commission Expires: 11 1 BIAME M. HOMA Notary Public - Notary Seal State of Missouri Commissioned for St. Louis County My Commission EVIres: August 30, 2017 Commission Number: 13541046 yy?1"��1N oN�pONS�DN 1S 391 ROLAND MACHINERY COMPANY 3364 Percy Drive, Gepe Girardeau, NO 63701 c/o: Mc Raymond E Roland 616 N. Dlrkeen Palkwey. 5pring(ield, IL 62 DATE: 01-07-13 EXHIBIT SANITARY SEWER ESMT 10Pj FROM DRURY EXHIBIT ENGINEERING 194 COKER LANE CAPE GIRARDEAU NO 93701 (5D) 335-3029 GRAPHIC SCALE a0 0 m 00 ( IN FEET j 3 inch - 100It - - I A m� op0m Nd I oz�z I Vm � I I I _m I41� �— - I I sSJEi A3 �i A4, On mV 'm Ic aoo Smn iy 1 flo=gam Ng' �Iy 'IF JAMES L. a.-- P F 1 DRURY DRU REAL - u I (I o $ pcED pKLA A3) pTAWENiRUSi I- o d DEEP BK, 415, PG. 637 E R P -J� -J� 0 y;- ROLAND MACHINERY COMPANY 3364 Percy Drive, Gepe Girardeau, NO 63701 c/o: Mc Raymond E Roland 616 N. Dlrkeen Palkwey. 5pring(ield, IL 62 DATE: 01-07-13 EXHIBIT SANITARY SEWER ESMT 10Pj FROM DRURY EXHIBIT ENGINEERING 194 COKER LANE CAPE GIRARDEAU NO 93701 (5D) 335-3029 GRAPHIC SCALE a0 0 m 00 ( IN FEET j 3 inch - 100It