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HomeMy WebLinkAboutOrd.5075.05-07-2018 BILL NO. 18-54 ORDINANCE NO. 50/5 AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT ALONG SOUTH SPRIGG STREET, FROM NIP KELLEY EQUIPMENT COMPANY, -INC. , 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, and agrees to accept a Permanent Sanitary Sewer Easement along South Sprigg Street, from Nip Kelley Equipment Company, Inc. , in the City of Cape Girardeau, Missouri, described as follows : DESCRIPTION - 10' SANITARY SEWER EASEMENT A PART OF BLOCK NOS. 2, 3 AND 4, AND A PART OF THE VACATED STREETS AND ALLEYS OF THE VILLAGE OF CAPE GIRARDEAU AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 35 OF THE LAND RECORDS OF THE COUNTY RECORDER' S OFFICE IN CAPE GIRARDEAU COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 . 00 FEET WIDE LYING EAST OF THE FOLLOWING DESCRIBED SIDELINE: BEGINNING AT THE NORTHWEST CORNER OF BLOCK NO. 5, VILLAGE OF CAPE GIRARDEAU, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF SOUTH SPRIGG STREET; THENCE N 26° 16' 51" E, 780 . 00 FEET ALONG SAID EAST RIGHT OF WAY LINE AND THERE TERMINATING. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passageand approval . 1° PASSED AND APPROVED THIS DAY OF $!,' 2018 . Pr Bob Fox, Mayor ATTEST: it. IA _ oY, eS/AosP =° '4, • . . - w . • . , :e:• City Clerksem l/ t & w1t- L. &Wad Sri•:o p A , .1 mpg® bib S., 1 ,, 1a1�L PERMANENT SANITARY SEWER EASEMENT South Sprigg Street KNOW ALL MEN BY THESE PRESENTS: NIP KELLEY EQUIPMENT COMPANY, INC., a Missouri Corporation, 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, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A PART OF BLOCK NOS. 2, 3 AND 4, AND A PART OF THE VACATED STREETS AND ALLEYS OF THE VILLAGE OF CAPE GIRARDEAU AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 35 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN CAPE GIRARDEAU COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET WIDE LYING EAST OF THE FOLLOWING DESCRIBED SIDELINE: BEGINNING AT THE NORTHWEST CORNER OF BLOCK NO. 5, VILLAGE OF CAPE GIRARDEAU, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF SOUTH SPRIGG STREET; THENCE N 26° 16' 51" E, 780.00 FEET ALONG SAID EAST RIGHT OF WAY LINE AND THERE TERMINATING. 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 to excavate, build, maintain, construct, operate, and repair sanitary sewer lines and the related components from time to time, in, on, upon, or across said described property, and maintain with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission and authority herein granted are 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. [Remainder ofpage intentionally left blank. Signature page to follow] IN WITNES WHEREOF, the undersigned has executed this easement this `day of i , 2017 L i' Vi STATE OF MISSOURI S5. COUNTY OF CAPE GIRARDEAU MENT COMPANY, INC. BE IT REMEMBERED that on this day ,(�C/Z�r 2017 before me, the undersigned notary public, personally appeared, Vince Kelley, who being by me duly sworn, did state that he is the President for Nip Kelley Equipment Company, Inc., a Missouri Corporation, and that the within instrument was executed on behalf of said Nip Kelley Equipment Company, Inc., a Missouri Corporation, and acknowledged that he has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Corninission Expires: BETH LITTLE Notary Public — Notary Seal Cape Girardeau County— State of Missouri Commission Number 17664578 Cape My Commission Expires Jul 6. 2021 EASEMENT EXHIBIT A PART OF OUT LOT 63, UNITED STATES PRIVATE SURVEY 2199, T 30 N, R 14 E, OF THE 5th P.M. CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI GRAPHIC SCALE i 0' 60' 120' ; P.O.B. 10' SANITARY SEWER EASEMENT, NN CORNER, BLOCK e, PLAT BOOK NO. 2 -PAGE i 8 /. ] ...................... .W a 2 rz�nu.Ev v9�'ArEf.... iIi9C�NC1'3. C\^,DINgNQF Nq�.i'IgN....... w�.................. i ...................... v r..................... ....... PLANE NO n, �Ro VACATED) �y...................... g10W E : ! m J ORFO J Nlp KE4l[Y EQUIPME -rco KN0. B9A........ 1 ......... SOOKNgO ANC. ,ZRe O O. Pg4,^.Igoa>a. HOL[.Y,ST. p ........::..... / v 7RAC7'N0.8 ORDlN YY VAC"'ATED) / NANCE NO. T v ................:....... na1D a Sti..................� ' IN ...... ................: N .. Q T U � O 1 ................. .TRAMNO.12-ALLEY .....:/��rv� CI `Yp Y .].� ORUINF(NCE f i ; � h ,T v b� PECAN ST (mow ........... , . TRACT No. 8, ORbINANC Vp r_ SANITARY SEWER EASEMENT IXH181T NO, ... T ... .. ...........I I .., 14* KITCHEN ' E1<1227.poz iLi.ryry � : ENGINEERING &SURVEYING,P.C. 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