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Home My WebLink AboutOrd.4975.06-19-2017 BILL NO. 17-75 ORDINANCE NO. 1 GnS AN ORDINANCE ACCEPTING A PERMANENT UTILITY AND DRAINAGE EASEMENT FOR 2005 EVERGREEN DRIVE, AND A PERMANENT DRAINAGE EASEMENT FOR 2009 EVERGREEN DRIVE, 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 Utility and Drainage Easement executed by Jerry and Charlotte Ainsworth, conveying a Permanent Utility and Drainage Easement to the City of Cape Girardeau, Missouri, for property located at 2005 Evergreen Drive, Cape Girardeau, Missouri, more particularly described as follows, to-wit: THAT PART OF LOT 11 OF HANOVER ESTATES, IN THE CITY AND COUNTY OF CAPE GIRARDEAU AS SHOWN BY PLAT RECORDED IN PLAT BOOK 14, PAGE 24 OF THE LAND RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the Northeast Corner of the aforementioned Lot, thence South 89°01'00" West, along the South Line of Evergreen Drive, 14 .44 feet to the POINT OF BEGINNING; thence continue, South 89°01' 00" West, 40.00 feet; thence South 0°58'15" East, 84.22 feet; thence South 33°56'06" West, 190. 96 feet to a point on the South Line of said Lot 11: thence North 88°28 '00" East, along the South line thereof, 49.11 feet; thence North 33°56'06" East, 175.04 feet; thence North 0°58'15" West, 96.80 feet to the Point of Beginning and containing 10, 940 square feet, more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by Charles D. and Evelyn P. Willis, conveying a Permanent Drainage Easement to the City of Cape Girardeau, Missouri, for property located at 2009 Evergreen Drive, Cape Girardeau, Missouri, more particularly described as follows, to-wit: A drainage easement being in Lot 10-A of Hanover Estates, a re-subdivision of Lot 10 in 1993, in the City of Cape Girardeau, Missouri and being further described by metes and bounds as follows: that part of a re-subdivision of lot 10 of Hanover Estates in the City and County of Cape Girardeau, Missouri, as shown in plat book 17, page 8 of the land records of said county being more particularly described as follows: 1 COMMENCE at the Southeast Comer of Lot 11 of said Hanover Estates Subdivision; thence South 88°28 '00" West, along the South line thereof, 151. 99 feet to the PLACE OF BEGINNING; thence continue South 88°28 ' 00" West, 23.33 feet; thence South 29°28 ' 00" West, 145. 99 feet to a point on the South line of Lot 10-A; thence South 72°32'00" East, 20. 45 feet; thence North 29°28 ' 00" East, 153.76 feet to the Place of Beginning containing 2997 square feet, more or less. Said described easement being 20 feet wide, and adjacent to a 10 foot wide sewer easement along the southeast boundary of said Lot 10-A. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and a {��(�r(,00yal. PASSED AND APPROVED THIS 1 ' day of , 2017. Harry E. Rediger, Mayor ATTEST: & , Deputy City Clerk fp0 1 446'.,ti 1 L jun y TIT V)17n V .b'EAL *- 2 PERMANENT UTILITY AND DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: ,levy and Charlotte AinswortlL husband and wife, 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 called the City, the tight, privilege, permission and authority to enter on and upon the following described property, 2005 Evergreen Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit A Permanent Utility and Drainage Easement in Lot 11 Hanover Estates, in the City of Cape Girardeau, Missouri, said easement described as follows: A utility and drainage easement being in Lot 11 0£ Hanover Estate, in the city of Cape Girardeau, Missouri and being further described by metes and bounds as follows: That part of lot 11 of Hanover Estates, in the city and county of Cape Girardeau as shown by plat recorded in plat book 14, page 24 of the land records of said county, being more particularly described as follows: COMMENCE at the Northeast Comer of the aforementioned Lot, thence South 89°01'00" West, along the South Line of Evergreen Drive, 14.44 feet to the POINT OF BEGINNING; thence continue, South 89°01'00" West, 40.00 feet; thence South 0°58'15" East, 84.22 feet; thence South 33056'06" West, 190.96 feet to a point on the South Line of said Lot 11; thence North 88°28'00" East, along the South line thereof, 49.11 feet; thence North 33°56'06" East, 175.04 feet; thence North 0°58'15" West, 96.80 feet to the Point of Beginning and containing 10,940 square feet, more or less. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to excavate, build, maintain, construct, operate, and repair the sanitary sewer and stormwater drainage systems and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, swales and ditches, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. SS WHEREOF, the undersigned has executed this easement tlu,.day of 2017/.-��,''-`'�-� Signature Jerry Ainsworth T _H( YfAE Typed Name N08C t t QF MF R> A STATE OF MISSOURI f ss. COMMISSION 412541544 COUNTY OF CAPE GIRARDEAU My Camdwlm EVkK Aug,* 25, 2020 On this 1 + day of W"2017 before me personally appeared Jerry Ainsworth, husband of Charlotte Ainsworth, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. 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 tten. My Commissionn7Expires: fy i I! "6' �) [f Lyped Name of Nddary Plublilc] Permanent Drainage Easement 2005 Evergreen Drive Page 2 IN WTTNES WHEREOF, the undersigned has executed this easement tNs 1 X ` day of rt,'+ ` '2017 - / " r Z Signature Charlotte Ainsworth Typed Name STATE OF MISSOURI ) as. COUNTY OF CAPE GIRARDEAU ) On this t-1 VA day of l � 1 2017 before me personally appeared Charlotte Ainsworth, wife of Jerry Ainswor i, to me known to be the petsou described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. 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. :4 ki My Commission Expires: U � �k'\: �C1,C� CFyP Name of Notary Public] =EFORt4KAHLORt4KAHL NOTARY SEALMISSOURINTY0 124R193 SUs. November 29, 2020 §LU & { (\\ }w - ; \ z z0 (§k ■�/ \�/��`( � `Ik§ -/}\t# { ��\\§«;( /m\, = E§§§ !f m /))!2 /§§ § 0)2!24* & { & / - ; \ z & { / \/ >A \} d� � «® � PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: Charles D and Evehm P Willis husband and wife, 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 called the City, the right, privilege, permission and authority to enter on and upon the following described property, 2009 Evergreen Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Drainage Easement in Lot 10-A Hanover Estates, in the City of Cape Girardeau, Missouri, said easement described as follows: A drainage easement being in Lot 10-A of Hanover Estates, a re -subdivision of Lot 10 in 1993, in the city of Cape Girardeau, Missouri and being further described by metes and bounds as follows: that part of a re -subdivision of lot 10 of Hanover Estates in the city and county of Cape Girardeau, Missouri as shown in plat book 17, page 8 of the land records of said county being more particularly described as follows: COMMENCE at the Southeast Corner of Lot 11 of said Hanover Estates Subdivision; thence South 88°28'00" West, along the South line thereof, 151.99 feet to the PLACE OF BEGINNING; thence continue, South 88°28'00" West, 23.33 feet, thence South 29°28'00" West, 145.99 feet to a point on the South line of Lot 10-A; thence South 72°32'00" East, 20.45 feet; thence North 29'28'00" East, 153.76 feet to the Place of Beginning containing 2997 square feet, more or less. Said described easement being 20 feet wide, and adjacent to a 10 foot wide sewer easement along the southeast boundary of said Lot 10-A. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to excavate, buIld, maintain, construct, operate, and repair the stormwater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, swales and ditches, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. j INj TNESS WFIEREOF, the undersigned has executed this easement this /� of H7/// 2017 Signature Charles D. Willis Typed Name STATE OF MISSOURI ) ss. COUN'T'Y OF CAPE GIRARDEAU On h s //�`1day of '. 1 �, 2017 before me personally appeared Charles D. Willis, husband of Evelyn P Willis, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. 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. U My Commission Expires: J 1Cll y iAhl IJC SCA04U iy-- "'., "1�,h Not7ty Puhliu Notary goal ,-• slat of MI sour [Typed ame of Notary Public] ComraissionediorL)PPtir pdoaucounry MyC0aIois ialI a!PE: Marr Vi1.1 9nI Permanent Drainage Easement 2009 Evergreen Drive Page 2 IN MTESS THEREOF, the undersigned has executed this easement this day of 2017 $ Signa e^ Evelvn P. Willis Typed Name STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU On this 7 �t day of J , 2017 before me personally appeared Evelyn P. Willis, wife of Charles D. Willis, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. 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. 7 My Commission Expires: 1% [Typed Na rl� of Notary Public] Ji QIjFLIiuE t1 ",—IAnL;C! Noivey f -AC - Notary ;eal iata 0P Miasouri Coiwiiisslannd Pur Geye Girardeau Coarfly My Comrnls:slun Exnlres: March 13,20 19 Cunnnis;inn PdiunUer_15^J13p3 \ /® / \ _ j |§ \\ Title of Document: Date of Document: Grantor(s) Name & Address: Grantee(s) Name & Address: RECORDER OF DEEDS COVERPAGE III,BpIIIIIQ"SII �r y r ' a n ,_ z r RECORDED ON 07/07/2017 9:50:04 AM REC FEE: 0 PAGES: 4 Permanent Utility and Drainage Easement April 17, 2017 Charles D and Evelyn Willis 2009 Evergreen Drive Cape Girardeau, MO 63703 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 Legal Description: That part of a re -subdivision of Lot 10 of Hanover estates in the city and county of Cape Girardeau Missouri, as shown in plat book 17, page 8 of the land records of said county being more particularly descried as follows: Commence At The Southeast Corner Of Lot 11 Of Said Hanover Estates Subdivision; Then South 88°28'00" West, Along The South Line Thereof, 151.99 Feet To The Place Of Beginning; Thence Continue South 88°28'00" West, 23.33 Feet; Thence South 28028'00" West, 145.99 Feet To A Point On The South Line Of Lot 10'A, Thence South 72032'00" East, 20.45 Feet; Thence North 29°28'00" East, 153.76 Feet To The Place Of Beginning Containing 2997 Square Feet, More Or Less. Said Described Easement Being 20 Feet Wide, and Adjacent To A 10 Foot Wide Sewer Easement along the Southeast Boundary of Said Lot 10-A Reference Book & Page, if Required: PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: Charles D. and Evelgn P Willis, husband and wife, 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 called the City, the right, privilege, permission and authority to enter on and upon the following described property, 2009 Evergreen Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit A Permanent Drainage Easement in Lot 10-A Hanover Estates, in the City of Cape Girardeau, Missouri, said easement described as follows: A drainage easement being in Lot 10-A of Hanover Estates, a re -subdivision of Lot 10 in 1993, in the city, of Cape Girardeau, Missouri and being further described by metes and bounds as follows: that part of a re -subdivision of lot 10 of Hanover Estates in the city and county of Cape Girardeau, Missouri as shown in plat book 17, page 8 of the land records of said county being more particularly described as follows: COMMENCE at the Southeast Corner of Lot 11 of said Hanover Estates Subdivision; thence South 88°28'00" West, along the South line thereof, 151.99 feet to the PLACE OF BEGINNING; thence continue, South 88°28'00" West, 23.33 feet; thence South 29'28'00" West, 145.99 feet to a point on the South line of Lot 10-A; thence South 72'32'00" East, 20.45 feet; thence North 29'28'00" East, 153.76 feet to the Place of Beginning containing 2997 square feet, more or less. Said described easement being 20 feet wide, and adjacent to a 10 foot wide sewer easement along the southeast boundary of said Lot 10-A. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to excavate, build, maintain, construct, operate, and repair the stormwater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, swales and ditches, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. 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 V TNESS WHEREOF, the undersigned has executed this easement this / c) ��®off l'l , 2017 Signature , Charles D. Willis Typed Name STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU �H) On this f day off W J, 2017 before me personally appeared Charles D. Willis, husband of Evelyn P Willis, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTEvIONY 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 Ex fres: Frcooymcr,'o,r,a,i,',,u Nolaiy Public e Notary ,oalLh ai Nl sour! [Typed ame of Notary Public] issiooed icrCaas lairarrleau Courly 1=x��lixz: MalVC1113 Pro Permanent Drainage Easement 2009 Evergreen Drive Page 2 IN_- I ES'S hF1EREOF, the undersigned has executed this easement this I I day of 2017 STATE OF NUSSOURI 1 _ Signa '' e Evelvn P. Willis Typed Name � ss. COUNTY OF CAPE GIRARDEAU On this / /4 day of 1i , 2017 before me personally appeared Evelyn P. Willis, wife of Charles D. Willis, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. 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: I e' ,ire [Typed N of Notary Public] J;Za LIH1 5!.JE 3EAY3Al.IG11 Noiay Fublic - Notary Sad riafo ai �llissor�rl Camrnisslanutl for Ga0e Girardeau Cauiriy My Com lissicui Fx0ires: March i3, 2019 �wwrni cion Nnrrbu: 15431803 RECORDER OF DEEDS COVER PAGE ANDREW i BLATTNER RECORDERDEEDS RECORDED ON 07/07/2017 REC FEE: 30.00 PAGES: Title of Document: Permanent Utility and Drainage Easement Date of Document: April 17, 2017 Grantor(s) Name & Address: Jerry and Charlotte Ainsworth 2005 Evergreen Drive Cape Girardeau, MO 63703 Grantee(s) Name & Address: City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Legal Description: That Part Of Lot 11 Of Hanover Estates, In The City And County Of Cape Girardeau As Shown By Plat Recorded In Plat Book 14, Page 24 Of The Land Records Of Said County, Being More Particularly Described As Follows: Commence At The Northeast Corner Of The Aforementioned Lot, Thence South 89°01'00" West, Along The South Line Of Evergreen Drive, 14.44 Feet To The Point Of Beginning; Thence Continue, South 89°01'00"West, 40.00 Feet; Thence South 0°58'15" East, 84.22 Feet; Thence South 33°56'06" West, 190.96 Feet To A Point On The South Line Of Said Lot 11; Thence North 88°28'00" East, Along The South Line Thereof, 49.11 Feet; Thence North 33°56'06" East, 175.04 Feet; Thence North 0°58'15" West, 96.80 Feet To The Pint Of Beginning And Containing 10,940 Square Feet, More Less Reference Book & Page, if Required: PERMANENT UTILITY AND DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: IeM and Charlotte Ainsworth, husband and wife, 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 called the City, the right, privilege, permission and authority to enter on and upon the following described property, 2005 Evergreen Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Utility and Drainage Easement in Lot 11 Hanover Estates, in the City of Cape Girardeau, Missouri, said easement described as follows: A utility and drainage easement being in Lot 11 of Hanover Estate, in the city of Cape Girardeau, Missouri and being further described by metes and bounds as follows: That part of lot 11 of Hanover Estates, in the city and county of Cape Girardeau as shown by plat recorded in plat book 14, page 24 of the land records of said county, being more particularly described as follows: COMMENCE at the Northeast Corner of the aforementioned Lot, thence South 89°01'00" West, along the South Line of Evergreen Drive, 14.44 feet to the POINT OF BEGINNING; thence continue, South 89°01'00" West, 40.00 feet; thence South 0°58'15" East, 84.22 feet; thence South 33°56'06" West, 190.96 feet to a point on the South Line of said Lot 11; thence North 88°28'00" East, along the South line thereof, 49.11 feet; thence North 33°56'06" East, 175.04 feet; thence North 0°58'15" West, 96.80 feet to the Point of Beginning and containing 10,940 square feet, more or less. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to excavate, build, maintain, construct, operate, and repair the sanitary sewer and storrnwater drainage systems and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, swales and ditches, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run w th the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. P1 WI �SS WHEREOF, the undersigned has executed this easement ,day of 2017 Signature J erry Ainsworth T ppH glpE� Typed Name WINK OFT800ITR STATE OF MISSOURI SS. COM*JCW4*"EEqkwON 121141696 AugM 2&2= COUNTY OF CAPE GIRARDEAU ) On this OLday of2017 before me personally appeared Jerry Ainsworth, husband of Charlotte Ainsworth, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. 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 itten. Nly�Commission Expires: _Vcv� 1 ` k �7 _ 6' a/[Typed Name of N ry Plublic] Permanent Drainage Easement 2005 Evergreen Drive Page 2 IN V TNF WHEREOF, the undersigned has executed this easement this / q day of ,2017 STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Signature Charlotte Ainsworth Typed Name On this �lft day of 2017 before me personally appeared Charlotte Ainsworth, wife of Jerry Ainswor to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. 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: [rypeh Name of Notary Public] ABIGAIL E FORNKAHL NOTARY PUBLIC NOTARY SEAL STATE OF MISSOURI COUNTY OF C COMMISSION #E24R193 5U My Commission Exp+reS. November 29, 2020