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HomeMy WebLinkAboutOrd.3779.01-22-2007 BILL NO. 07- 2 ORDINANCE NO. 3-7-79 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT UTILITY EASEMENT TO UNION ELECTRIC CO. D/B/A AMERENUE IN CAPAHA PARK 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 Permanent Utility Easement to Union Electric Co. d/b/a AmerenUE, for an easement to be located in the City of Cape Girardeau, Missouri more particularly described as follows: THAT PART OF OUTLOT NO. 39; SECTION 31, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at an iron rod located at the Southwest corner of College Park Addition, a subdivision on file in the Land Records of said County in Plat Book 3 on Page 36; thence leaving said property corner, on a line South 06°57'59"West, said line being the east right-of-way line of Perry Avenue, 988.95 feet,more or less, to a point being at the intersection with the north right-of-way line of Broadway, thence leaving said Perry Avenue right-of-way line South 51"38'56"East,along the north right-of-way of Broadway, 521.75 feet,more or less, to the TRUE POINT OF BEGINNING. Thence leaving said Broadway right-of-way, North 88"41'37" East, 807.33 feet,more or less, to a point on the west right-of-way line of West End Boulevard, thence along said right-of-way line South 07°17'07"West,20.23 feet,more or less; thence leaving the West End right-of-way South 88041'04"West, 780.03 feet,more or less, to a point on the north right-of-way line of Broadway;thence along said right-of-way line North 51°38'56"West, 31.54 feet,more or less to the TRUE POINT OF BEGINNING,containing 0.37 acres (15,928 square feet),more or less. ARTICLE 8. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS OKd DAY OF 8007. t4 6Z�I4g�- . 00 GQ` ` v O � �} ay udtson,Mayor O1i10 + L nrad,City Clerk 2007-01659 REC FEE: $30. 00 PAGES: 3 ^ f+"- JANET ROBERT Recorder of Deeds, Cape birardeau > 11 County N0, certify that this document was filed " for record at 11 :46AN and official seal affixed Wv t at Jackson, NO. 02/02/2007 JANET ROBERT r rti j` ,y� rtrt1 ➢ Recorder of Deeds Deputy 'yRECORDER OF DEEDS VL � . COVER PAGE Title of Document: Permanent Utility Easement Date of Document: January 22, 2007 Grantor(s) Name and address: City of Cape Girardeau 401 Independence Cape Girardeau, Mo. 63703 Grantee(s) Name and Address: Union Electric Company, d/b/a AmerenUE P.O. Box 149 St. Louis, Mo. 63166 Legal Description: See Legal Description on page 1. Reference Book& Page,if required: N/A PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: THE CITY OF CAPE GIRARDEAU, MISSOURI,a Municipal Corporation,hereinafter called the City,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 UNION ELECTRIC COMPANY, d/b/a AmerenUE,a Missouri corporation,hereinafter called the Grantee,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 OUTLOT NO. 39; SECTION 31, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at an iron rod located at the Southwest comer of College Park Addition,a subdivision on file in the Land Records of said County in Plat Book 3 on Page 36;thence leaving said property comer,on a line South 06057'59"West,said line being the east right- of-way line of Perry Avenue,988.95 feet,more or less, to a point being at the intersection with the north right-of-way line of Broadway,thence leaving said Perry Avenue right-of-way line South 51"38'56"East,along the north right-of-way of Broadway,521.75 feet,more or less, to the TRUE POINT OF BEGINNING. Thence leaving said Broadway right-of-way, North 8841'37"East,807.33 feet,more or less,to a point on the west right-of-way line of West End Boulevard,thence along said right-of-way line South 0717'07"West,20.23 feet, more or less;thence leaving the West End right-of-way South 88041'04"West,780.03 feet, more or less,to a point on the north right-of-way line of Broadway;thence along said right- of-way line North 51"38'56"West,31.54 feet,more or less to the TRUE POINT OF BEGINNING,containing 0.37 acres (15,928 square feet),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 management of utilities and for the purpose of enabling the City of Cape Girardeau, Missouri,its agents,servants and assigns to excavate,build,maintain,construct,operate,and repair said utilities from time to time,in,on,upon,or across said described property,together with all the useful,necessary and proper adjuncts,appurtenances,manholes,and appliances in connection therewith.This easement and the right,privilege,permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that he is the owner in fee simple of the above described property and has the legal right to convey same. IN WITNESS WHEREOF,the undersigned has executed this easement this--d2lad-day of 2007. $ �3 CITY OF CAPE GIRARDEAU G ` 4 O y. dudtson Mayor i Tac B rAd.ayle-L nrad,City Clerk STATE OF MISSOURI } } ss. COUNTY OF CAPE GIRARDEAU } On this ,Z4..t day of�TAj,",P4&y 2007,before me personally appeared]ay B.Knudtson,to me personally known,who,being by me duly swum,did say that he is the Mayor of the City of Cape Girardeau,Missouri,a Municipal Corporation of the State of Missouri,and that the seal affixed to the foregoing instrument is the 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 acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at my office in Cape Girardeau the day and year first above written. Ladonna Laub q es: WONNA LAUB HIWY Pubk-Noonry Sal < . .. of Scat MY C My °mm»ron Fxpes Aub. I. 2pp7