HomeMy WebLinkAboutOrd.5033.12-18-2017 BILL NO. 17-188 ORDINANCE NO. 5O3 J
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
SPECIAL WARRANTY DEED TO RFJ REAL ESTATE
HOLDINGS, LLC, FOR PROPERTY LOCATED AT 429 COOPER
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
Special Warranty Deed to RFJ Real Estate Holdings, LLC, for
property located at 429 Cooper Street (Old Wastewater Treatment
Plant) , in the City and County of Cape Girardeau, Missouri, more
particularly described as follows :
COMMENCE AT THE NORTHEAST CORNER OF U. S . P.S . 2202,
TOWNSHIP 30 NORTH, RANGE 14 EAST, SAID CORNER BEING ON
THE SOUTH LINE OF SAID U. S. P. S. 2199; THENCE WITH THE
SOUTH LINE OF SAID U.S. P. S. SOUTH 83°56' 30" EAST,
798 . 75 FEET, TO THE- POINT OF BEGINNING, SAID POINT
BEING ON THE EAST LINE OF SEMO PORT RAILROAD RIGHT OF
WAY; THENCE WITH EAST LINE OF SAID SEMO PORT RAILROAD
RIGHT WAY, NORTH 17°24' 35" EAST 307 . 26 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE NORTHEAST BEING
CONCAVE TO THE NORTHWEST HAVING A RADIUS 2325 . 03 FEET
AND A DISTANCE OF 457 . 72 FEET, (THE CHORD OF SAID ARC
BEARS NORTH11°46' 10" EAST, 456. 98 FEET) , TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF COOPER STREET; THENCE
WITH THE SOUTH RIGHT OF WAY LINE OF COOPER STREET,
SOUTH 84°09' 24" EAST, 60. 00 FEET; THENCE LEAVING SAID
SOUTH RIGHT OF WAY LINE OF COOPER STREET, ALONG THE
ARC OF A NON-TANGENT CURVE TO THE SOUTHWEST BEING
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 2385. 03
FEET AND A DISTANCE OF 150 . 12, (THE CHORD OF SAID ARC
BEARS SOUTH 7°55' 32" WEST, 150. 10 FEET) ; THENCE SOUTH
84°09' 24" EAST, 576.00 FEET TO THE WEST BANK OF THE
MISSISSIPPI RIVER; THENCE WITH THE WEST BANK OF THE
MISSISSIPPI RIVER, SOUTH 17°31' 47" WEST, 620. 73 FEET,
TO A POINT ON THE SOUTH LINE OF U. S. P.S. 2199; THENCE
WITH THE SOUTH LINE OF U. S. P.S . 2199, NORTH 83°56' 30"
WEST, 613. 61 FEET, TO THE POINT OF BEGINNING AND
1
CONTAINING 8 . 82 ACRES (384, 094 SQUARE FEET) , MORE OR
LESS, SUBJECT TO ANY EASEMENT OF RECORD
In addition, the City Manager is authorized to execute all
accompanying documents .
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND ADOPTED THIS ���, DAY OF\Mn(�\ p�/‘ 2017 .
40
arry E. Rediger, Mayor
ATTEST: " '�
4 � Io-
cue TTaptr�D�puty City Clerk " +. ;
s
11115g1f1:))
a3
2
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That on this day of , 2017, THE CITY OF CAPE GIRARDEAU,
MISSOURI, a Municipal Corporation organized and existing under the laws of the State of
Missouri, of the County of Cape Girardeau in the State of Missouri, GRANTOR, in consideration of
Ten Dollars ($10.00) and other valuable consideration, to it paid by RFJ Real Estate Holdings,LLC.,
a Missouri Limited Liability Company, of the County of Cape Girardeau, in the State of Missouri,
GRANTEE, (mailing address of said first named grantee is: 315 Madison Street, Scott City, Missouri
63780 the receipt whereof is hereby acknowledged, and by virtue and pursuance of an ORDINANCE OF
THE CITY COUNCIL OF SAID CITY, does by these presents, SELL AND CONVEY unto the Grantee,
its successors and assigns, the following described lots, tracts or parcels of land, lying, being and situate
in the City and County of Cape Girardeau and State of Missouri, to-wit:
That Part of Outlot 65 of U.S.P.S 2199,Township 30 North,Range 14 East,City and
County of Cape Girardeau, State of Missouri,Described as follows:
Commence at the Northeast Corner of U.S.P.S. 2202, Township 30 North, Range 14 East, said
Corner being on the South line of said U.S.P.S. 2199; thence with the South line of said U.S.P.S.
South 83°56'30"East, 798.75 feet, to the Point of Beginning, said point being on the East line of
SEMO Port Railroad Right of Way; thence with East line of said SEMO Port Railroad Right
Way, North 17°24'35" East 307.26 feet; thence along the arc of a curve to the Northeast being
concave to the Northwest having a radius 2325.03 feet and a distance of 457.72 feet, (the chord
of said arc bears Northl 1°46'10" East, 456.98 feet), to a point on the South Right of Way line of
Cooper Street; thence with the South Right of Way line of Cooper Street, South 84°09'24"East,
60.00 feet; thence leaving said South Right of Way line of Cooper Street, along the arc of a non-
tangent curve to the Southwest being concave to the Northwest having a radius of 2385.03 feet
and a distance of 150.12, (the chord of said arc bears South 7°55'32" West, 150.10 feet); thence
South 84°09'24" East, 576.00 feet to the West Bank of the Mississippi River; thence with the
West Bank of the Mississippi River, South 17°31'47" West, 620.73 feet, to a point on the South
line of U.S.P.S. 2199; thence with the South line of U.S.P.S. 2199, North 83°56'30" West,
613.61 feet, to the Point of Beginning and containing 8.82 acres (384,094 square feet), more or
less, subject to any easement of record
TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances, and
immunities thereto belonging or in anywise appertaining unto the said Grantee, and unto its successors
and assigns, FOREVER, the said Grantor hereby covenanting that the above described premises are free
and clear of all encumbrances done or suffered by the Grantor, and that it will Warrant and Defend the
title to the said premises unto the Grantee and Grantee's successors and assigns, FOREVER, against the
lawful claims of all persons claiming through the Grantor.
GRANTOR and GRANTEE have executed and entered into, as further consideration for this conveyance
of real estate, an Indemnification Agreement and Addendum ("Addendum") to this Special Warranty
Deed, that both GRANTOR and GRANTEE agree is incorporated into this Special Warranty Deed by
reference only and shall not be recorded. Notwithstanding said Addendum not being recorded, it is the
intent of the GRANTOR and GRANTEE for said Addendum to survive the execution of this Special
Warranty Deed and to further run with the land. This provision is to memorialize the existence of the
Addendum and that any future conveyance or transaction pertaining to the real estate described herein
shall be subject to the terms, conditions, indemnifications and other matters set forth in the Addendum
identified herein.
WITNESS the hand of the Grantor the day and year first above written.
[The remainder of this page intentionally left blank. Signature page follows.)
�,4 E rIIIB,'t'.►'',
`1/47i1.4 THE CITY OF CAPE GIRARDEAU,MISSOURI
(Sea SPit v
/,v lf��� r'-vI
arty E. Redi r,Mayor
ATTEST:
.../149-L7
nice Taylor, De y ty Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE G�IRARDEAU )
On this �E day of fl')U(fC1" l , 201$ before me personally appeared Harry E.
Rediger, to me personally known, who being duly sworn did say that he is Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to this
instrument is the official 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 ;y hand and affixed my fficial seal the day
and year first above written.
1111111 A-
r Not. ‘93r
My commission expires: �1�1�\ _alb,
AMANDA L.MCKINNEY
Air
otPRY•P�9<"„ My Commission Expires
;NOTARY': _ March 3,2018
_ '. SEAL.: = Cape Girardeau County
-"/<"9� •••S`'' Commission#14588193
1. TITLE OF DOCUMENT:
2. DATE OF DOCUMENT:
3. GRANTOR:
4. GRANTEES):
S. LEGAL DESCRIPTION:
eRecorded
DOCUMENT #
2018-07165
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED ON
07/20/2018 11:01:15 AM
REC FEE: 33.00
PAGES: 4
Special Warranty Deed
December 18, 2017
The City Of Cape Girardeau, Missouri
RFJ Real Estate Holdings, LLC,
A Missouri limited liability company
See Page 1
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That on this _l_$_ day of 2017, THE CITY OF CAPE GIRARDEAU,
MISSOURI, a Municipal Corporation organized and existing under the laws of the State of
Missouri, of the County of Cape Girardeau in the State of Missouri, GRANTOR, in consideration of
Ten Dollars ($10.00) and other valuable consideration, to it paid by RFJ Real Estate Holdings, LLC.,
a Missouri Limited Liability Company, of the County of Cape Girardeau, in the State of Missouri,
GRANTEE, (mailing address of said first named grantee is: 315 Madison Street, Scott City Missouri
63780 the receipt whereof is hereby acknowledged, and by virtue and pursuance of an ORDINANCE OF
THE CITY COUNCIL OF SAID CITY, does by these presents, SELL AND CONVEY unto the Grantee,
its successors and assigns, the following described lots, tracts or parcels of land, lying, being and situate
in the City and County of Cape Girardeau and State of Missouri, to -wit:
That Part of Outlot 65 of U.S.P.S 2199, Township 30 North, Range 14 East, City and
Countv of Cape Girardeau, State of Missouri, Described as follows:
Commence at the Northeast Corner of U.S.P.S. 2202, Township 30 North, Range 14 East, said
Corner being on the South line of said U.S.P.S. 2199; thence with the South line of said U.S.P.S.
South 83°56'30" East, 798.75 feet, to the Point of Beginning, said point being on the East line of
SEMO Port Railroad Right of Way; thence with East line of said SEMO Port Railroad Right
Way, North 17°24'35" East 307.26 feet; thence along the arc of a curve to the Northeast being
concave to the Northwest having a radius 2325.03 feet and a distance of 457.72 feet, (the chord
of said arc bears Northl 1'46'10" East, 456.98 feet), to a point on the South Right of Way line of
Cooper Street; thence with the South Right of Way line of Cooper Street, South 84°09'24" East,
60.00 feet; thence leaving said South Right of Way line of Cooper Street, along the are of a non -
tangent curve to the Southwest being concave to the Northwest having a radius of 2385.03 feet
and a distance of 150.12, (the chord of said arc bears South 7°55'32" West, 150.10 feet); thence
South 84°09'24" East, 576.00 feet to the West Bank of the Mississippi River; thence with the
West Bank of the Mississippi River, South 17°31'47" West, 620.73 feet, to a point on the South
line of U.S.P.S. 2199; thence with the South line of U.S.P.S. 2199, North 83056130" West,
613.61 feet, to the Point of Beginning and containing 8.82 acres (384,094 square feet), more or
less, subject to any easement of record
TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances, and
immunities thereto belonging or in anywise appertaining unto the said Grantee, and unto its successors
and assigns, FOREVER, the said Grantor hereby covenanting that the above described premises are free
and clear of all encumbrances done or suffered by the Grantor, and that it will Warrant and Defend the
title to the said premises unto the Grantee and Grantee's successors and assigns, FOREVER, against the
lawful claims of all persons claiming through the Grantor.
GRANTOR and GRANTEE have executed and entered into, as further consideration for this conveyance
of real estate, an Indemnification Agreement and Addendum ("Addendum") to this Special Warranty
Deed, that both GRANTOR and GRANTEE agree is incorporated into this Special Warranty Deed by
reference only and shall not be recorded. Notwithstanding said Addendum not being recorded, it is the
intent of the GRANTOR and GRANTEE for said Addendum to survive the execution of this Special
Warranty Deed and to further run with the land. This provision is to memorialize the existence of the
Addendum and that any future conveyance or transaction pertaining to the real estate described herein
shall be subject to the terms, conditions, indemnifications and other matters set forth in the Addendum
identified herein.
WITNESS the hand of the Grantor the day and year first above written.
[The remainder of this page intentionally left blank. Signature page follows.]
ATTEST:
&xr 4 L4
nice Taylor, b4O* Clerk
STATE OF MISSOURI
THE CITY OF CAPE GHtARDEAU, MISSOURI
By064�
arry E. Redigir, Mayor
) ss.
COUNTY OF CAPE GIRARDEAU )
On this 2QVy of M&In , 201$ before me personally appeared Harry E.
Rediger, to me personally known, who being duly swom did say that he is Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to this
instrument is the official 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
and year first above written.
My commission expires: �AbN\1�
AMANDA L MCKINNEY
My Commission Expires
oTB
March 3,201 B
SEAL: J= Cape Girardeau County
�9�CFN�'�` Commission #14588193
hand and affixed my pfficial seal the day
Yp