HomeMy WebLinkAboutOrd.4352.08-20.2012 BILL NO. 12-98 ORDINANCE NO. 4 R
AN ORDINANCE ACCEPTING A PERMANENT
STORMWATER EASEMENT EXECUTED BY NIP
KELLEY EQUIPMENT COMPANY, INC. , FOR
PROPERTY ALONG SOUTH SPRIGG 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 Stormwater Easement executed by
Nip Kelley Equipment Company, Inc. , conveying to the City
of Cape Girardeau, Missouri, said easement on the following
described real property, to-wit :
THAT PART OF LOTS 1, 13, 14 , 15, 16, 17, 18, 19,
AND 20 OF BLOCK 2 OF THE VILLAGE OF GIRARDEAU,
ALL OF LOT 21 OF BLOCK 2 OF THE VILLAGE OF
GIRARDEAU, THAT PART OF LOTS 3, 4 , 5, 6, 7, 8,
AND 9 OF BLOCK 3 OF THE VILLAGE OF GIRARDEAU,
THAT PART OF VACATED PLANE STREET, AND THAT PART
OF A VACATED 12' ALLEY AS SHOWN ON THE RECORD
PLAT OF THE VILLAGE OF GIRARDEAU, PLAT BOOK 2,
PAGE 35 IN THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Begin at the Southwest corner of Lot 13 of Block
2 of said Village of Girardeau, said corner also
being a point on the East right of way line of
Sprigg Street and the North line of vacated Plane
Street; thence with the South line of said lot
and with said North line of vacated Plane Street,
South 82°37' 41" East, 84 . 08 feet; thence leaving
said lines, North 80051' 25" East, 233 . 71 feet;
thence North 40°02' 51" East, 114 . 88 feet; thence
South 89050' 31" East, 22 . 76 feet to a point on
the East line of Lot 1 of Block 2 of said Village
of Girardeau; thence with said East line along
the arc of a non-tangent curve to the Southwest
being concave to the Southeast having a radius of
1076. 19 feet a distance of 58 . 92 feet (the chord
of said arc bears South 17030' 28" West, 58 . 91
feet) to the Southeast corner of said Lot 1, said
corner also being on the North line of a vacated
12 foot alley; thence leaving said East line,
South 15037' 00" West, 12 . 13 feet to the Northeast
corner of Lot 21 of Block 2 of said Village of
Girardeau, said corner also being on the South
line of a vacated 12 foot alley; thence with the
East line of said Lot 21 along the arc of a non-
tangent curve to the Southwest being concave to
the Southeast having a radius of 1076. 19 feet a
distance of 96 . 45 feet (the chord of said arc
bears South 12043' 35" West, 96 . 42 feet) to the
Southeast corner of said Lot 21, said corner also
being on the North line of vacated Plane Street;
thence leaving said East line, South 29°57' 07"
West, 58 . 48 feet to the Northeast corner of Lot 1
of Block 3 of said Village of Girardeau, said
corner also being on the South line of vacated
Plane Street; thence with the North line of said
Block 3 and with said South line, North 82037' 41"
West, 103 . 93 feet to the Northeast corner of Lot
3 of Block 3 of said Village of Girardeau; thence
leaving said lines, North 89015' 46" West, 276 . 96
feet to the Southwest corner of Lot 9 of Block 3
of said Village of Girardeau, said corner also
being on the East right of way line of Sprigg
Street; thence with said East right of way line
North 26°30' 46" East, 91 . 03 feet to the point of
beginning and containing 40, 356 square feet
(0 . 926 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 OF6"- 4j 2012 .
-�C.*- - !
arry El Re Iger, Mayor
ATTEST :
GAyleAL. Conrad, City C,,
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DOCUMENT #
2013-08187
G0�OER pFSCOTT R CLARK
!v F� RECORDER OF DEEDS
c N CAPE GIRARDEAU COUNTY MO
ARECORDED ON
--� --t p 06/26/2013 3:11 PM
REC FEE: 33.00
PAGES: 4
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Title of Document: Permanent Stormwater Easement
Date of Document: July 24, 2012
Grantor: Nip Kelley Equipment Co, Inc.
Grantor's Address: P.O. Box 33
Cape Girardeau, MO 63702
Grantee: City of Cape Girardeau, Missouri
Grantee's Address: 401 Independence Street
Cape Girardeau, MO 63703
Legal Description: See Following Page
PERMANENT STORMWATER EASEMENT
KIS OW ALL MEN BY THESE PRESENTS: NIP KELLEY EQUIPMENT CO., INC.,
a Missouri corporation,in consideration of the sum of One Dollar($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell
and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation,
hereinafter called 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 LOTS 1, 13, 14, 15, 16, 17, 18, 19,AND 20 OF BLOCK 2 OF THE
VILLAGE OF GIRARDEAU,ALL OF LOT 21 OF BLOCK 2 OF THE VILLAGE OF
GIRARDEAU,THAT PART OF LOTS 3,4, 5, 6, 7, 8,AND 9 OF BLOCK 3 OF THE
VILLAGE OF GIRARDEAti,THAT PART OF VACATED PLANE STREET,AND
THAT PART OF A VACATED 12'ALLEY AS SHOWN ON THE RECORD PLAT OF
THE VILLAGE OF GIRARDEAU,PLAT BOOK 2,PAGE 35 IN THE LAND
RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU,THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Begin at the Southwest corner of Lot 13 of Block 2 of said Village of Girardeau, said corner
also being a point on the East right of way line of Sprigg Street and the North line of vacated
Plane Street; thence with the South line of said lot and with said North line of vacated Plane
Street, South 82°37'41" East, 84.08 feet; thence leaving said lines,North 80°51'25" East,
233.71 feet; thence North 40°02'51" East, 114.88 feet; thence South 89°50'31"East, 22.76
feet to a point on the East lune of Lot 1 of Block 2 of said Village of Girardeau; thence with
said East line along the arc of a non-tangent curve to the Southwest being concave to the
Southeast having a radius of 1076.19 feet a distance of 58.92 feet (the chord of said arc bears
South 17°30'28" West, 58.91 feet) to the Southeast corner of said Lot 1, said corner also
being on the North line of a vacated 12 foot alley; thence leaving said East line,South
15°37'00"West, 12.13 feet to the Northeast corner of Lot 21 of Block 2 of said Village of
Girardeau, said corner also being on the South line of a vacated 12 foot alley; thence with
the East line of said Lot 21 along the arc of a non-tangent curve to the Southwest being
concave to the Southeast having a radius of 1076.19 feet a distance of 96.45 feet(the chord
of said arc bears South 12043'35"Nest, 96.42 feet) to the Southeast corner of said Lot 21,
said corner also being on the North line of vacated Plane Street; thence leaving said East
line, South 29°57'07"West, 58.48 feet to the Northeast corner of Lot 1 of Block 3 of said
Village of Girardeau, said corner also being on the South line of vacated Plane Street-, thence
with the North line of said Block 3 and with said South line, North 82°37'41"Nest, 103.93
feet to the Northeast corner of Lot 3 of Block 3 of said Village of Girardeau; thence leaving
said lines, North 89°15'46"West, 276.96 feet to the Southwest corner of Lot 9 of Block 3 of
said Village of Girardeau, said corner also being on the East right of way line of Sprigg
Street; thence with said East right of way line North 26°30'46" East, 91.03 feet to the point
of beginning and containing 40,356 square feet(0.926 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 for the construction, maintenance, repair, and replacement of stormwater facilities. This
easement and the right, privilege, permission and authority herein granted is perpetual and shall run
with the land. Provided however, that if the fee supple owner of the described property re-grades this
property to dne extent that, in the sole discretion of the City Engineer, this drainage easement in
whole or in part, is no longer necessary, the City of Cape Girardeau shall record a release of this
drainage easement with the Cape Girardeau Counts,Recorder of Deeds.
The undersigned covenant that they are the owners in fee simple of the above described
property and have the legal right to convey same.
IN WITNESS WHEREOF, the undersigned has exe uted this easement this�_day of
,2012.
\TIP I' LLE EQUIPMENT CO., INC.
Signature
Vivtc.L
Typed Name
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED,That on this � day of
2012 before me, he undersigned, a Notary Public in and for the County and State aforesaid, came
President of Nip Kelley Equipment Co., Inc.,a corporation duly
organized, incorp ted and existing under and by virtue of the laws of the State of Missouri,who is
personally known to me who, being by me duly sworn,did state that he is the President of Nip
Kelley Equipment Co., Inc. and that said instrument was signed in behalf of said corporation by
authority of itsoard of Directors for the consideration stated therein and no other, and said
V', V-P-Atacknowledged said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at
my office in said County and State the day and year first above written.
My Commission Expires: ccI
JT4Q� L.
' Pe Qo
N' PUB.; STACI L.PEPPLE [Typed Name of N tary Public]
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MY Commission Expires
NNW. _ February 9,2013
9.
SEAL. Scott County
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NIP KELLEY EQUIPMENT CO INC GRAPHIC SCALE
•
DATE: 7-17-12 40 o m a
EXHIBIT ENGINEERINGDRAINAGE EASEMENT
19<COKER LANE IN FEET
EXHIBIT CAPE GIRARDEA U,MO 63701 1 inch = MQF (573)335-3026