HomeMy WebLinkAboutOrd.5118.09-20-2018 BILL NO. 18-124 ORDINANCE NO. 511
AN ORDINANCE ACCEPTING A TEMPORARY
CONSTRUCTION EASEMENT FROM RUTH LIPPS,
FOR A SANITARY SEWER MAIN REPAIR, 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 Temporary
Construction Easement from Ruth Lipps, for a sanitary sewer
main repair, in the City of Cape Girardeau, Missouri,
described as follows :
THAT PART OF LOT NUMBER 2 OF THE RODNEY 400 ARPEN
TRACT, IN U. S . P. S . NUMBER 2199, TOWNSHIP 30
NORTH, RNAGE 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°29' 35" E, along the South Line
thereof, 500 . 25 feet; thence N 75°51' 07" E,
160. 33 feet to a point on the Westerly Right of
Way Line of Hillview Street; thence N 15°23' 36"
E, along said Right of Way, 28 . 70 feet; thence
departing from said Right of Way, S 74 °57' 03" W,
171 . 41 feet; thence N 06°14' 55" W, 27 . 77 feet;
thence S 89°29' 35" W, 499. 02 feet; thence S
04 ° 51' 08" E, 50 . 14 feet to the POINT OF BEGINNING
containing 0 . 6632 Acres (28890 square feet) , more
or less .
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS (5t9 DAY OF .� _ IL � 2018 .
�� . II
Bob Fox, Mayor ;O,� �,
AQUW4e
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faTC:Gayl L. Conrad, City Clerk -E
1 :v $gni II
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TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: RUTH W. LIPPS, wife of JERRY L. LIPPS,
Deceased, 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°29'35"
E, along the South Line thereof, 500.25 feet; thence N 75°51'07" E, 160.33 feet to a point
on the Westerly Right of Way Line of Hillview Street; thence N 15°23'36" E, along said
Right of Way, 28.70 feet; thence departing from said Right of Way, S 74°57'03" W,
171.41 feet; thence N 06°14'55" W, 27.77 feet; thence S 89°29'35" W, 499.02 feet;
thence S 04°51'08" E, 50.14 feet to the POINT OF BEGINNING containing 0.6632
Acres (28890 square feet), more or less.
Said right,. privilege, pwWssion_ ancl__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, brush, and
trees. Trees to be removed will have two inch caliper or less. The City will repair any damage to land,
such as ruts, caused by equipment used to repair the sanitary sewer main. 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.
The undersigned covenants it is the owner in fee simple of the above described property, and
has the legal right to convey the same.
[The remainder of this page is intentionally left blank. Signature page follows.]
IN WITNESS WHEREOF, the undersigned has executed this easement this C'), day of
2018.
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November 28� 2021
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STATE OFA S� C�� \� 1 )
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COUNTY O Com'` C GAS &eq( -A )
Ruth W. Lipps
BE IT REMEMBERED, that on this '=-� day of �\—\ � GL (-�S+ , 2018,
before me, personally appeared Ruth W. Lipps, to me known to be the per n described in and who
executed the foregoing instrument, and acknowledged that she executed the same as her free act and
deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date
last above written. 1
Notary Public
My Commission Expires:
Doc. No.
Doc. No.
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, RNAGE 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°29'35" E, along the South Line thereof, 500.25 feet; thence N 75°51'07" E, 160.33
feet to a point on the Westerly Right of Way Line of Hillview Street; thence
N 15°23'36" E, along said Right of Way, 28.70 feet; thence departing from said Right of
Way, S 74°57'03" W, 171.41 feet; thence N 06°14'55" W, 27.77 feet; thence
S 89°29'35" W, 499.02 feet; thence S 04°51'08" E, 50.14 feet to the POINT OF
BEGINNING containing 0.6632 Acres (28890 square feet), more or less.
0..--
Basis of Bearings per Doc. No. 2015-05951
REFERENCES
1. Record Plat of Edgewoods Highlands On Sub. (Plat Book 9, Page 38)
2. Tax Assessment Map 20-311
3. Boundary Adjustment Plat Recorded in Document Number 2015-05951
4. Record Plat of Eberts Sub. (Plat Book 3, Page 45)
5. Online Mapping Records for Cape Girardeau County
http //pis.capecounty.usRaxparoelvieweN
LINE TABLE
Number Bearing Distance
L-1 N 15°23'36" E 28.70
L-2 N 06°14'55" W 27.77
L-3 S 04°51'08" E 50.14
CC7
Title of Document:
Date of Document:
Grantor(s) Name & Address:
Grantee(s) Name & Address:
Legal Description:
MPNFQV-%�.
RECORDER OF DEEDS
COVER PAGE
Tx: 4121148
DOCUMENT #
2018-10136
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUN 1 V, MO
RECORDED ON
10/04/2018 03:57;35 PM
REC FEE: 30.00
PAGES: 3
Temporary Construction Easement
August 21, 2018
Ruth W. Lipps
2735 Jewel Drive
Cape Girardeau, MO 63701
City of Cape Girardeau
401 Independence
Cape Girardeau, MO 63701
Following Page
Reference Book & Page, if Required:
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: RUTH W. LIPPS, wife of JERRY L. LIPPS,
Deceased, 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°29'35"
E, along the South Line thereof, 500.25 feet; thence N 75°51'07" E, 160.33 feet to a point
on the Westerly Right of Way Line of Hillview Street; thence N 15°23'36" E, along said
Right of Way, 28.70 feet; thence departing from said Right of Way, S 74°57'03" W,
171.41 feet; thence N 06°14'55" W, 27.77 feet; thence S 89°29'35" W, 499.02 feet;
thence S 04°51'08" E, 50.14 feet to the POINT OF BEGINNING containing 0.6632
Acres (28890 square feet), more or less.
_-Said- right, privilege,_ permission and authority - toenter inand -_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, brush, and
trees. Trees to be removed will have two inch caliper or less. The City will repair any damage to land,
such as ruts, caused by equipment used to repair the sanitary sewer main. 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.
The undersigned covenants it is the owner in fee simple of the above described property, and
has the legal right to convey the same.
[The remainder of this page is intentionally left blank. Signature page follows.]
IN WITNESS WHEREOF, the undersigned has executed this easement this day of
2018.
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LORETDILlONM
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MY Cnrn bakn EPW
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November 28, 2021
CV6 Girardeau CCwq
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CAner�ssion �134000�3
STATE OF
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COUNTY OFLQXAJ�
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Ruth W. Lipps
BE IT REMEMBERED, that on this oI \ day of , 2018,
before me, personally appeared Ruth W. Lipps, to me known to be the pern described in and who
executed the foregoing instrument, and acknowledged that she executed the same as her free act and
deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date
last above written.
Notary Public
My Commission Expires: