HomeMy WebLinkAboutOrd.5073.05-07-2018 BILL NO. 18-53 ORDINANCE NO. 50-13
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
SPECIAL WARRANTY DEED TO RFJ REAL ESTATE
HOLDINGS, LLC, FOR PROPERTY LOCATED AT 453 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 453 Cooper Street, the Leaf Holding Area, in
the City and County of Cape Girardeau, Missouri, more
particularly described as follows :
That Part of Outlots 63 & 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,
696. 76 feet, to the Point of Beginning, said point
being the West line of SEMO Port Railroad Right of
Way; thence North 63°29' 11" West, 342 . 54 feet; thence
North 41°10' 48" West, 415 . 08 feet, to a point on the
East line of Burlington Northern Railroad Right of
Way; thence with the East line of Burlington Northern
Railroad Right of Way North 28°02' 05" East, 379. 41
feet, to 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, 591 . 75 feet, to a point
on the West line of SEMO Port Railroad Right of Way;
thence with the West line of SEMO Port Railroad Right
of Way, along the arc of a non-tangent curve to the
Southwest being concave to the Northwest having a
radius of 2234 . 30 feet and a distance of 437 . 54 feet,
(the chord of said arc bears South 11°47' 17" West,
436. 84 feet) ; thence South 17°24' 35" West, 327 . 33
1
feet, to the Point of Beginning and containing 9 . 16
acres (399, 121 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 .
"I'
PASSED AND ADOPTED THIS DAY OFAi 2018 .
Bob Fox, Mayor
ATTEST: :"G�
T -11,‘„,,
f4 .viek.
. -- •. _ , - . City Clerk op" letit' �-
2
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That on this day of , 2018, 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 (S10.00) 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 Outlots 63 & 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, 696.76 feet, to the Point of Beginning, said point being the West line of
SEMO Port Railroad Right of Way; thence North 63°29'11" West, 342.54 feet; thence North
41°10'48"West,415.08 feet,to a point on the East line of Burlington Northern Railroad Right of
Way; thence with the East line of Burlington Northern Railroad Right of Way North 28°02'05"
East, 379.41 feet, to 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, 591.75 feet, to a point on the West line of
SEMO Port Railroad Right of Way; thence with the West line of SEMO Port Railroad Right of
Way, along the arc of a non-tangent curve to the Southwest being concave to the Northwest
having a radius of 2234.30 feet and a distance of 437.54 feet, (the chord of said arc bears South
11°47'17" West, 436.84 feet); thence South 17°24'35" West, 327.33 feet, to the Point of
Beginning and containing 9.16 acres (399,121 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.]
r
j THE CITY OF CAPE GIRARDEAU,MISSOURI
1 (Seal)
By:
Bob Fox,Mayor
ATTEST:
;-B City Clerk
Gay It L. 'CO -
STATE OF MISSOURI )
) ss.
COUNTY OF C E GIRARDEAU )
4IOn this day of III�' , 2018, before me personally appeared Bob Fox,
to me personally known, who being duly s ; •id say that he is Mayor of the City of Cape Girardeau,
Missouri, a Municipal Corporation of the Ie of Missouri, and that the seal affixed to this instrument is
the official seal of said City, and that the s d 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 the day
and year first above written. Aldri'
. A. 4 .
N��e1i• is W
My commission expires: _ -'- ,,
10:0
falet,
AMANDA L. MCKINNEY ' 'I�I
Notary Public- Notary Seal
C. $tea by
STATE OF MISSOURI ,�''y r✓ �ZOts �
Cape Girardeau County ', I,,,q�
My Commission Expires March 3, 2022
Commission #14588193