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HomeMy WebLinkAboutOrd.5105.08-20-2018Exhibit A TEMPORARY CONSTRUCTION EASEMENT THAT PARTOF LOT NUMBER 2 OF THE RODNEY 400 ARPEN TRACT, IN U.6.P.S NUMBER 2199, TOWNSHIP30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITYANO COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY OESCRISED AS FOLLOWS! BEGINNING at the Soulhwett Comer of a tract of Tend found h Document Number 2005A5612 of the Land Records arms County Recorders OMoe; thence N 6926'44' E, along me South Une thereat 500.25 feet; Nenre N ]5°49'16' E,160.33 feel is a points. Be Wash dy M9htof Way Ono of plif,mw Street, thenen 5150P06' W, along said Right of Wary, 2857 feet, thence departing from sold MOM of Way, S 75°4020' W, 149.66 feet; thence 506°24'55' W, 247.96 feet, thence 5 69`21'10' W, 252.65fee1; Nense N 04'55'30' W, 30.06 feet to Ne POIM OF BEGINNING cenhlnln00.4P4 Acres (18164 sW em feel), more orless. "s, ewmmwammn. fs,ugw.kv wem.rvlsonsl A lsvwr sasn9 3 uc rcazm zR sss of tow s°bf REFERENCES 1. Remml Plat of EdgefmNa faghlaMs 6s'Sub. Hnd Book 9, Page 36) 2 Tax Assessment Man 2.11 3, Bourdary Atllushnent Plal Remetlei In OoafineM Number201505951 4. R.ad Platof Eteds SublPhtBmk3,Paga45) S. Cuba Mapping Records fu' Cape Ghardeau County Mt'Sl aaewudymaBmgarcaMeirer/ �rr u ww f6a; "Was; e s Sfe_p.sV s d an w.m�io-°Liiuo cc, IIIIIIIIIII;dnlllllllllldll9 �QER OFA DOCUMENT # AGOG© 2018-10137 =� N ANDREW DAVID BLATTNER A r - RECORDER OF DEEDS _.. C-) O CAPE GIRARDEAU COUNTY, MO RECORDED ON 10/0412018 03:57:37 PM REC FEE: 33.00 PAGES: 4 RECORDER OF DEEDS COVER PAGE Title of Document: Temporary Construction Easement Date of Document: July 31, 2018 Grantor(s) Name & Address: Drury Land Development, Inc.. 721 Emerson Rd Suite 200 St. Louis, MO 63141 Grantee(s) Name & Address: City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 Legal Description: Following Page Reference Book & Page, if Required: TEMPORARY CONSTRUCTION EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: DRURY LAND DEVELOPMENT, INC., a Missouri Corporation, herein referred to as GRANTOR, and the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, herein referred to as GRANTEE: WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, do by these presents, remise and convey unto Grantee the following TEMPORARY CONSTRUCTION EASEMENT, described as follows and as shown on Exhibit A attached hereto: THAT PART OF LOT NUMBER 2 OF THE RODNEY 400 ARPEN TRACT, IN U.S.P.S NUMBER 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF A TRACT OF LAND FOUND IN DOCUMENT NUMBER 2005-08612 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE N 89°26'44" E, ALONG THE SOUTH LINE THEREOF, 500.25 FEET; THENCE N 75'48'16" E, 160.33 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF HILLVIEW STREET; THENCE S 15000'06" W, ALONG SAID RIGHT OF WAY, 28.57 FEET; THENCE DEPARTING FROM SAID RIGHT OF WAY, S 75°46'28" W, 149.86 FEET; THENCE S 88°24'55" W, 247.88 FEET; THENCE S 89°21'10" W, 252.65 FEET; THENCE N 04°55'30" W, 30.08 FEET TO THE POINT OF BEGINNING CONTAINING 0.4174 ACRES (18184 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 to repair a sanitary sewer main. Repairing the sanitary sewer main entails the City, its agents, servants, and assigns to access the sanitary sewer main and remove necessary vegetation and trees. Trees to be removed will not be more than six trees having six inch caliper or less. Said privilege is valid from the date the easement is accepted by the City Council through October 31, 2018 and all rights conveyed to Grantee hereunder shall automatically terminate on October 31, 2018 without the requirement of any document or instrument. In exercising the rights granted herein, Grantee shall promptly repair any damage or disturbance resulting in. connection therewith, except as expressly provided herein, and shall restore all property of Grantor to the same or as good condition as existed immediately prior to Grantee's entry onto Grantor's property. At all times, Grantee shall maintain worker's compensation insurance for any and all its employees entering onto or performing any work within Grantor's property. In addition, Grantee shall require any and all contractors retained by Grantee to perform any work within or to enter upon Grantor's property to maintain worker's compensation insurance as required by state law and commercial liability insurance in an amount no less than $1,000,000 per occurrence covering all personal injury and property damage arising in connection with such work and naming Grantor as an additional insured, and all such contractors shall deliver a certificate of insurance evidencing such coverage prior to entry onto Grantor's property. All work performed by or on behalf of Grantee shall be paid for in full by Grantee, and shall be performed in a good and workmanlike manner, in compliance with all applicable laws. The undersigned covenants it is the owner in fee simple of the above described property, and has the legal right to convey the same. IN WITNESS WHEREOF, the undersigned has executed this easement this s -E day of 92018. DRURY LAND DEVELOPMENT, INC. Timothy Drury, i ent STATE OF (' i!SsO%%rl ) ) ss. COUNTY OF S}-- Uyi f ) BE IT REMEMBERED, that on this day of \�01 , 2018 before me, the undersigned notary public, personally appeared Timothy 11rury, who being by me duly sworn, did state that he is the President of Drury Land Development, Inc., a Missouri Corporation, and that the within instrument was executed on behalf of said Drury Land Development, 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. 44—m-e-�w �� . V v. Notary Public My Commission Expires: ALISON E. WINKA Notary Public - Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires: May 25, 2020 Commission # 12412754 coo. No. 2016-05767 Exhibit A TEMPORARY CONSTRUCTION EASEMENT THAT PART OF LOT NUMBER 2 OF THE RODNEY 400 ARPEN TRACT, IN U,S.P.S NUMBER 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CIN AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the Southwest Corner of a tract of land found in Document Number 2005-08612 of the Land Records of the County Recorder's Office; thence N BV26'44" E, along the South Line thereof, 500.26 feet; thence N 75,48,16"E, 160.33 feette a point on the Westerly Right of Way Line of Hillview Street; thence S 16000'06" W, along sold Right of Way, 28.57 feet; thence departing from said Right of Way, S 75°46'28"W, 149,86 feet; thence S 08024'55" W. 247.88 feet; thence S 89°21'10" W, 252,65 feet; thence N 04°55'30" W, 30,08 feet to the POINT OF BEGINNING contalning 0.4174 Acres (18184 square feet), more or less. Note: NatcW arae 000ww 18104 ageore root aoo. No. 2005-08012 —Nr2i sW comor Hoar No, 200600612) N BD° 26' 44' E 565.26 262.06 2h] 389°21'10'W Doo. No.2016 oe705 eco. No. 2015-05767 REFERENCES 1. Record Plat of Edgewoods Highlands Bt^ Sub, (Plat Book 9, Page 38) 2. Tax Assessment Map 20-311 3. Boundary Adjustment Plat Recorded in Document Number2015-05951 4. Record Plat of Eberts Sub. (Plat Book 3, Page 45) 5. Online Mapping Records for Cape Girardeau County htty.1/gis.ca emunty.us/taxaarceivieweN1/gIs,capemunty.us/taxnarceivieweN 0 Basis of H-1- pe, a- No. 2016-05951 6coo. No'.400 8-01840 n.