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Home My WebLink AboutOrd.4946.03-20-2017 BILL NO. 17-24 ORDINANCE NO. 14119 AN ORDINANCE ACCEPTING A PERMANENT WATERLINE EASEMENT FROM CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, FOR CAPE CENTRAL JUNIOR HIGH SCHOOL LOCATED AT 205 CARUTHERS AVENUE, 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, and agrees to accept a Permanent Waterline Easement from Cape Girardeau School District No. 63, for Cape Central Junior High School located at 205 Caruthers Avenue, in the City of Cape Girardeau, Missouri, described as follows : A STRIP OF LAND 20 . 00 FEET WIDE, LYING 10 . 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A PART OF 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 THE INTERSECTION OF THE PROLONGATED CENTERLINE OF WHITENER STREET WITH THE WEST RIGHT OF WAY LINE OF CARUTHERS AVENUE; THENCE N 07° 13 ' 23" E, 30. 62 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING: THENCE N 82° 28 ' 13" W, 4 . 81 FEET; THENCE S 55° 03 ' 09" W, 20 . 09 FEET; THENCE N 83° 03 ' 06" W, 180. 27 FEET; THENCE N 82° 25 ' 06" W, 120 . 47 FEET; THENCE N 50° 43 ' 05" W, 29. 32 FEET; THENCE N 82° 25 ' 01" W, 24 . 31 FEET; THENCE N 19° 52 ' 00" W, 15. 29 FEET; THENCE N 07° 48 ' 41" E, 106. 37 FEET AND THERE TERMINATING. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its pass e_apd approval . PASSED AND APPROVED THIS DAY OF h' \ 2017 . J�__..Q.IIdtq Harry E. Rediger ;®yor trat fie.% irST: �[/� �c � � ?Tayl"Deputy City Clerk 'v . i )::' e '% 0 THE UNION SI 1 PERMANENT WATERLINE EASEMENT Cape Central Junior High School 205 Caruthers Street KNOW ALL PERSONS BY THESE PRESENTS. CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, hereinafter "School District," in consideration of the sum of One Dollar (51.00) 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 in and upon the following described property, located in the City and County of Cape Girardeau,Missouri, to-wit: A STRIP OF LAND 20.00 FEET WIDE,LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. A PART OF 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 THE INTERSECTION OF THE PROLONGATED CENTERLINE OF WHITENER STREET WITH THE WEST RIGHT OF WAY LINE OF CARUTHERS AVENUE;THENCE N 07° 13' 23"E,30.62 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING: THENCE N 82°28' 13" W,4.81 FEET,THENCE S 55°03'09" W,20.09 FEET;THENCE N 83°03'06" W, 180.27 FEET;THENCE N 82°25'06"W, 120.47 FEET;THENCE N 50°43'05" W,29.32 FEET;THENCE N 82°25'01" W, 24.31 FEET,THENCE N 19°52'00" W, 15.29 FEET;THENCE N 07°48'41" E, 106.37 FEET AND THERE TERMINATING. Said right, privilege, permission, and authority to enter in and upon the above described property is granted for the purpose of enabling the City, its agents, servants, and assigns to use said property to excavate, construct, install, maintain, repair, and expand public water infrastructure, in, on, upon, and across said property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission, and authority herein granted are perpetual and shall run with the land. The City hereby covenants and agrees that it shall maintain the easement area in good repair so no unreasonable damage will result from its use to the adjacent land of the School District or its successors or assigns. The undersigned covenants that it is 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 27th day of February, 2017. CAPE GIRARDEAU SCHOOL DISTRICT NO.63 J:" I -nn. School Board President Attest: a--- Beth Poyner, Secretary STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) lia BE IT REMEMBERED, that on this e27 --day of 1t4&L..c.G.cy, 2017, before me, a Notary Public,personally appeared Jeff Glenn,President of Cape Girardeau School District No. 63, to me known to be the person described in and who executed the foregoing instrument on behalf of said school district by authority of its Board of Education and that said Jeff Glenn acknowledges said instrument to be the free act and deed of said School District. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. I. , (, - V S'ti ature Notary Seal: SANDRA J. ROSS , Notary Public. Notory Seal State of Missouri Wayne County Commission 0 15061 765 My Commission Expires June 18, 2019 2 I I 1 SURVEY NOTES: DESCRIPTION-20'WATERLINE EASEMENT EASEMENT EXHIBIT T1110 SURVEY DOES NOT CREAT E ANY NEW PARCELS A STRIP Of LAND 20.00 FEET WIDE.LYING 10 00 FEET ON EACH SIDE MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES OF THE FOLLOWING DESCRIBED CENTERLINE. A PART OF UNITED STATES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES A PART OF UNITED STATER PRIVATE SURVEY NO 2190,TOWNSHIP 30 PRIVATE SURVEY NO. 2199, BASIS OF SURVEY DATUM-NAD63,M.8.P.C.ZONE 2401 EAST NORTH.RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN.CITY AND T 30 N, R 13 E OF THE 5th P.M. CORS STATION MOJK OF IIIF.MnOOT OPS RTS NETWORK COUNTY OF CAPE GIRARDEAU,STATE.OF MISSOURI BEING MORE ' -Q7-•., PARTICULARLY DESCRIBED AS FOLLOWS: unn1DE 37'24'44 419133' NORTH ! ' CITY AND COUNTY OF CAPE GIRARDEAU, NO LOIIULIE (M9'39017.22114' WEST 1 I II COMMENCING AT THE INTERSECTION OF THE PROLONGATED CENTERLINE OF ELLIPSOKI HEIGHT 363 86 U.S.SURVEY FEET I I i WHI1ENEN STREET WITH THE WEST RIGHT OF WAY LINE OF CARUTHERS STATE OF MISSOURI NORTTIINO 575059 OW U.9 SURVEY FEET ' ' I AVENUE,THENCE N 07'13'23'E.30.62 FEET ALONG SAID WEST . FASTING 1.067,067.151 U.8.SURVEY FEET i : RIGHT OF WAY LINE TO THE TRUE PONT OF BEGINNING i it FI EVA MIN 41.113 U.8.SURVEY FEET ; -1 I 3 I WI : THENCE N 52'2813'W.4 el FEET;THENCE p� I AS PIRN ISHFD ON NATIONAL GEUOE TIC DATA SHEETS. i ; S 56'O3'OY'W.20.09 FEET;THENCE � I RETRIFVAI DATE FEBRUARY 04.2016 AND CONVERTED I N113'03'06'W,160.27 FEET,THENCE FROM METERS TO U.S SURVEY FEET 71 , N 62'26'00•W,120,47 FEET:THENCE i I 1 I FTI j N 60'43'06'W.29.32 FEET:THENCE 1 • I j SURVEY CLASS•URBAN r =. I ' I I I N 82'26'Or W.24.31 FEET:THENCE j I i / ,I N IY'S2'W'W,15.29 FEET;THENCE CAPE PWAHOEAII ' NO CORNERS WERE SET ALONG THIS EASEMENT I I I N 0T 46'11'E,100.37 FEET AND THERE TERMINATING I I / . I --SCI NX.IL 171(1 IRh.'1 H(1 161---"'_ I DOCUMEN'F111.•.21K10.176W I j - - F— — _ _HITENE - t ' �5 pRA•S,�BEET j 4 NOQ•_W`1IO.IT )- __ /F--------------------------------------------- if WATERLINE 9EME i iP013. g ............ / MU•06p6•I.11102r 1� I W 1 ZI ; `\ \PROL ONGA7Ep '^_.___. ^�-� �f i W 1 • §11--N,,iii \\\ WNII CNER 8TR ET • /� I z I 1 I Q si ' POINT OF / I I wic$ ' \ COMMENCEMENT/ li i i ai IV. INTERSECTION OF THE ! i cr pi CAPE OR1AR[•EAU PROLONGATED RI1N OF j I p 1 O' ••..`�--.•.-..SCIIFK4 D617RKI1 NA R3 --- j' (,) WHITENER STREET WITH 1 1 1 DOCUMENT 1X7 2008 17516 THE WEST RNV OF 1 �' ! CARUTHERS AVENUE ! I ! I I 0' 40' 80' i U LINE DIMENSION TABLE ' Bowen-.,., TVI ai.. NG. BEARING DISTANCE_- i a..w'Ioum A H V)114Ml iV N61'28'1S'W� 4.61' ( 1 •n V)114 MI IM �''/, »•••^IM•.�, 2 0 66.03'ow W.._ zo.og i 'i/ ��N 52'26'01=w_.___._.2�.31'— / ! ENGINEERING 81SURVEYING —.------ ----.—..----- Conau9lrq Engineers•land Surveyors•Towing lADonAorMt _4 N TB'52'00'W _----15.29' j j 1 I i