HomeMy WebLinkAboutOrd.3999.01-20-2009 BILL NO. 09- 10 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
UTILITY EASEMENT TO UNION ELECTRIC COMPANY,A MISSOURI
CORPORATION,D/B/A AIVIERE\TUE ,ALONG WATER 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 Mayor, for and on behalf of the City of Cape Girardeau,Missouri,is hereby
authorized to execute a Utility Easement to Union Electric Company, a Missouri corporation, d/b/a
AmerenUE for property along the Water Street corridor in the City, of Cape Girardeau,Missouri more
particularly described as follows:
THE EASEMENT IS 20 FEET WIDE ALONG OR NEAR WATER STREET IN THE
ORIGINAL TOWN OF CAPE GIRARDEAU, THE CENTERLINE OF SAID EASEMENT IS
MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE
INTERSECTION OF THE EAST LINE OF MAIN STREET WITH THE SOUTH LINE OF
BELVIEW STREET (COMMONLY KNOWN AS BELLEVUE STREET), SAID POINT
BEING THE NORTHWEST CORNER OF LOT NO. 3, RANGE E OF THE AFORESAID
ORIGINAL TOWN OF CAPE GIRARDEAU AND FROM WHICH POINT AN CROSS
CHISELED IN CONCRETE BEARS NORTH 84012'18" WEST A DISTAL\TCE OF 5.00 FEET;
THENCE NORTH 18009'38" EAST A DISTANCE OF 370.63 FEET TO AN EXISTING
POWER POLE; THENCE SOUTH 02°36'39" EAST A DISTANCE OF 173.23 FEET TO A
POINT ON THE EAST LINE OF LOT NO. 1, RANGE F OF THE AFORESAID ORGh\TAL
TOWN OF CAPE GIRARDEAU, SAID POINT BEING THE POINT OF BEGINNING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE THE FOLLOWING BEARINGS
AND DISTANCES TO EXISTING POWER POLES WITH CONCRETE FOUNDATIONS
CONSTRUCTED IN THE YEAR 2008: SOUTH 02°56'39" EAST A DISTANCE OF 21.63
FEET; SOUTH 05013'56" EAST A DISTANCE OF 221.08 FEET; SOUTH 00°04'0 " EAST A
DISTAL\TCE OF 212.98 FEET; SOUTH 04°19'34" WEST A DISTNCE OF 267.29 FEET;
SOUTH 07000'23" VIEST A DISTANCE OF 190.22 FEET; SOUTH 07°02'07" WEST A
DISTANNCE OF 229.22 FEET; SOUTH 06'58'02" WEST A DISTA\TCE OF 208.77 FEET;
SOUTH 07004'08" WEST A DISTANCE OF 180.82 FEET; SOUTH 09°55'30" WEST A
DIST_ \TCE OF 238.97 FEET; SOUTH 08°34'31"��TEST A DISTANCE OF 33.60 FEET TO AN
EXISTING POWER POLE, SAID EXISTING POWER POLE BEING THE TERMINATION
OF SAID EASEMENT AND FROM WHICH POWER POLE THE AFORESAID CROSS
CHISELED IN CONCRETE AT THE SOUTHWEST CORNER OF LOT 1, RANGE E OF
THE AFORESAID ORGINAL TOWN OF CAPE GIRARDEAU BEARS NORTH 01011'30"
WEST A DISTAL\TCE OF 1194.84 FEET.
ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval.
PASSED AND ADOPTED THIS DY�DAY OF afiV r 2C'v/
6j5avqBudtson, Mayor
ATTEST-
Gayle d, City Clerk
' 4 GIRq��
I
THE IINION
BRAL
111111 IIIII IIIII IIIII IIII 111111 IIfII IIIII IIIII IIIII IIII 111111 II I IIII
* 2009 - 06402 3
2000-00402
JANET ROBERT
,,2 rt
fJ z RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY MO
RECORDED AND SEALED ON
06/02J2009 03:17PM
xv
REC FEE: $30.00
PAGES: 3
Lk
rt.
r . JANET R T
eputy
EASEMENT
KNOW ALL MEN BY THESE PRESENTS,
this o2ia day of .%fit LsL 2009
that CITY OF CAPE GIRARDEAU, MISSOURI
its successors and assigns hereinafter referred to as Grantor, whether one or more and
whether an individual, individuals or a corporation; for- and in consideration of the sum of
ONE AND 00/100 :DOLLAR:($1.00)' and other valuable
consideration in hand paid, the receipt of which is hereby.acknowledged, does hereby grant
unto UNION ELECTRIC COMPANY, a Missouri corporation d/b/a AmerenUE, its successors,
assigns, licensees, agents, lessees, contractors, sub-contractors and tenants (hereinafter
referred to as "Grantee"), the perpetual right and easement to construct, reconstruct, use,
operate, maintain, add to the number of and patrol an electric or telephone and
communication line or lines, or both, consisting of poles, guys, anchors, wires, cables,
fixtures, and appurtenances thereto, including transformers, on, over, across, or under the
following described land, to-wit:
THE EASEMENT IS 20 FEET WIDE ALONG OR NEAR WATER STREET IN
THE ORIGINAL TOWN OF CAPE GIRARDEAU, THE CENTERLINE OF
SAID EASEMENT IS MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT AT THE INTERSECTION OF THE EAST LINE
OF MAIN STREET WITH THE SOUTH LINE OF BELVIEW STREET
(COMMONLY KNOWN AS BELLEVUE STREET), SAID POINT BEING THE
NORTHWEST CORNER OF LOT NO. 3, RANGE E OF THE AFORESAID
ORIGINAL TOWN OF CAPE GIRARDEAU AND FROM WHICH POINT AN
CROSS CHISELED IN CONCRETE BEARS NORTH 84012'18" WEST A
DISTANCE OF 5.00 FEET; THENCE NORTH 18°09'38" EAST A DISTANCE
OF 370.65 FEET TO AN EXISTING POWER POLE; THENCE SOUTH
02056'39" EAST A DISTANCE OF 175.25 FEET TO A POINT ON THE EAST
LINE OF LOT NO. 1, RANGE F OF THE AFORESAID ORGINAL TOWN OF
CAPE GIRARDEAU, SAID POINT BEING THE POINT OF BEGINNING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE THE FOLLOWING
BEARINGS AND DISTANCES TO EXISTING POWER POLES WITH
CONCRETE FOUNDATIONS CONSTRUCTED IN THE YEAR 2008: SOUTH
02056'39" EAST A DISTANCE OF 21.63 FEET; SOUTH 05013'56" EAST A
DISTANCE OF 221.08 FEET,- SOUTH 00004'05" EAST A DISTANCE OF
212.98 FEET; SOUTH 04019'34" WEST A DISTANCE OF 267.29 FEET;
SOUTH 0700'23" WEST A DISTANCE OF 190.22 FEET; SOUTH 07002'07"
WEST A DISTANCE OF 229.22 FEET; SOUTH 06058'02" WEST A;;,:
DISTANCE OF 208.77 FEET; SOUTH 07004'08" WEST A DISTANCE OF:
180.82 FEET; SOUTH 09055'30" WEST A DISTANCE OF 258.97 FEET;
SOUTH 08°54'31" WEST A DISTANCE OF 53.60 FEET TO AN EXISTING '
POWER POLE, SAID EXISTING POWER POLE BEING THE TERMINATION
OF SAID EASEMENT AND FROM WHICH POWER POLE THE AFORESAID
CROSS CHISELED IN CONCRETE AT THE SOUTHWEST CORNER OF---
LOT
F -LOT 1, RANGE E OF THE AFORESAID ORGINAL TOWN OF CAPE
GIRARDEAU BEARS NORTH 01011'50" WEST A DISTANCE OF 1194.84
FEET.
with the right of ingress and egress to and over the above-described premises of
Grantor adjoining the same, for all purposes herein stated, together with the right to
trim or cut down or cause to be trimmed or cut down at any time and from time to
time, any and all brush, saplings, trees, over-hanging branches or other obstructions
upon said premises and the premises of Grantor adjoining the same which may be
deemed to interfere with the construction, maintenance or use.of, or endanger the
safety of, said line or lines; and the right to license, permit or otherwise agree to the
use or occupancy of said line or lines by any other person, association or corporation
for electric, telephone and communication purposes; and with the further right to
remove at any time any or all of the said line or lines, and appurtenances thereto,
erected upon, over or under said.land by virtue hereof.
Grantor, for itself, its heirs, successors and assigns, does hereby warrant and
covenant unto Grantee, (1) that it is the owner of the above-described land and has
full right and authority validly to grant this easement, (2) that Grantee may quietly
enjoy the premises for the purposes herein stated, subject to the City's right to
construct, operate and maintain water lines, sanitary sewers, stormwater facilities
and streets, and (3) that it will not create or permit any obstruction of any kind or
character that will interfere with the successful operation and maintenance of said
line or lines for any of the purposes aforesaid.
IN WITNESS WHEREOF, said CITY OF CAPE GIRARDEAU, MISSOURI has
caused these presents to be signed by its Mayor the city seal hereunto affixed at
Cape Girardeau, Missouri this day of .rnccr _1 2009.
ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI
Gayl L. Conrad, City Clerk Ja ' Knudtson, Mayor
DEAU�l
s, APPROVED AS TO FORM:
/('z'
Eri C in ngham, City Attorney
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
nd
On this ,N day of r-Q(orv_,e 20 L.Q , before me a Notary Public
in and for said County and State aforesaid, phrsonally appeared . Kb ¢-_
to me personally known, who, by me duly sworn, did say that he/she �s the Mayor of
the City of Cape Girardeau, Missouri; and that the seal affixed to the foregoing
instrument is the city seal of said city and that the said instrument was signed and
sealed in behalf of said city by authority of its City Council; and the said T
k01,k;4.CA acknowledged said instrument to be the free act and ed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
My Commission expires
,.4Y PUBI,' CS PETERS
M
-x ' N�' d
NOVMbW17,2012 Nota Public
9• sou
, - cape Girardeau courtly Notary
of Cor y&%iM#08684121