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HomeMy WebLinkAboutOrd.5144.12-17-2018 BILL NO. 18-180 ORDINANCE NO. 5/ lLf AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM MERRIWETHER INVESTMENTS, INC. , FOR PROPERTY LOCATED AT 116 NORTH SPANISH 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 City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a General Warranty Deed from Merriwether Investments, Inc. , for property located at 116 North Spanish Street, in the City of Cape Girardeau, Missouri, described as follows : ALL OF THE NORTHWEST PART OF LOT NO. THREE (3) IN RANGE "D" IN THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Begin at a point on the east line of Spanish Street one hundred thirteen and One-half (113 ) feet north from the southwest corner of said lot No. Three (3) in Range "D"; thence north along Spanish Street Sixty-one and one-half (61 feet, more or less, to Cape Alley; thence east with the south line of said Cape Alley One hundred Three (103) feet, more or less, to an alley; thence south with said last mentioned alley sixty-one an one half (61 feet, more or less, thence West parallel with Themis Street one hundred three (103) feet, more or less, to the point of beginning. All of the Northwest part of Lot No. Three (3) in Range "D" in the City of Cape Girardeau, Missouri, described by metes and bounds as follows : • Begin at the southwest corner of Lot No Three (3) in Range "D: ", of the City of Cape Girardeau, Missouri, and run North along the east line of Spanish Street eighty-seven (87) feet for a beginning corner; thence East parallel with Themis Street, one hundred Two (102) feet to an alley; thence North parallel with Spanish Street, twenty-six and one-half (26 feet to a corner; 1 thence West, parallel with Themis Street, One hundred two (102) feet to the east line of Spanish Street for a corner; thence South along the east line of Spanish Street, Twenty-six and one half (26 feet to the point of beginning. Together with an easement granted in the General Warranty Deed conveying such real estate to Martin Hecht, dated November 3, 1960 in Book 200 at Page 71 in the Recorder' s Office at Jackson, Missouri . ARTICLE 2 . Pursuant to Section 3 . 15 (a) of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure, because it constitutes a Bill concerning the immediate preservation of pubic peace, property, health, safety or morals . Specifically, enacting this Bill as an emergency measure will enable the City to take ownership of the property before the end of the year. Accordingly, this ordinance will take effect immediately upon its passage and approval . PASSED AND APPROVED THIS DAY OF ar(te /, 2018 . (:-10 ---- Bob Fox, Mayor ATTEST: c is Ir t ce Taylor /:eputy City Clerk . ..Jr,, r ,„, 5,., . : „) ., .4.'--' , 0, i ed: 2 Title of Document: Date of Document: Grantor: Grantor's Address: Grantee: Grantee's Address: General Warranty Deed 2018 Merriwether Investments, Inc. 116 N. Spanish Street, Spanish Street Parking Lot Cape Girardeau, Missouri 63701 City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63703 Legal Description: See Following Pages GENERAL WARRANTY DEED 116 N. SPANISH ST. CAPE GIRARDEAU, MO 63701 KNOW ALL PERSONS BY THESE PRESENTS: That on this day of , 2018, that MERRIWETHER INVESTMENTS, INC., a Missouri Corporation, GRANTORS, in consideration of Ten Dollars ($10.00) and other valuable consideration, to them paid by 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, GRANTEE, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantee, its successors and assigns, the following described parcel of land, lying, being and situated in the City and County of Cape Girardeau and State of Missouri, to -wit: ALL OF THE NORTHWEST PART OF LOT NO. THREE (3) IN RANGE "D" IN THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Begin at a point on the east line of Spanish Street one hundred thirteen and One- half (113 1/2) feet north from the southwest corner of said lot No. Three (3) in Range "D"; thence north along Spanish Street Sixty-one and one-half (61 1/2) feet, more or less, to Cape Alley; thence east with the south line of said Cape Alley One hundred Three (103) feet, more or less, to an alley; thence south with said last mentioned alley sixty-one an one half (61 1/2) feet, more or less, thence West parallel with Themis Street one hundred three (103) feet, more or less, to the point of beginning. All of the Northwest part of Lot No. Three (3) in Range "D" in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Begin at the southwest corner of Lot No Three (3) in Range "D:", of the City of Cape Girardeau, Missouri, and run North along the east line of Spanish Street eighty-seven (87) feet for a beginning corner; thence East parallel with Themis Street, one hundred Two (102) feet to an alley; thence North parallel with Spanish Street, twenty-six and one-half (26 1/2) feet to a corner; thence West, parallel with Themis Street, One hundred two (102) feet to the east line of Spanish Street for a corner; thence South along the east line of Spanish Street, Twenty-six and one half (26 1/2) feet to the point of beginning. Together with an easement granted in the General Warranty Deed conveying such real estate to Martin Hecht, dated November 3, 1960 in Book 200 at Page 71 in the Recorder's Office at Jackson, Missouri. TO HAVE AND TO HOLD the premises aforesaid, with all the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto GRANTEE and unto its successors and assigns, forever; GRANTORS hereby covenanting that they are lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that they have good right to convey the same; that said premises are free and clear of any encumbrance done or suffered by them or those under whom they claim, and that they will warrant and defend the title to the said premises unto GRANTEE, and unto its successors and assigns, forever against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the undersigned has executed this General Warranty Deed this day of 52018. John P. Wyman, Vice President Merriwether Investments, Inc. STATE OF ) ss. COUNTY OF ) BE IT REMEMBERED, that on this day of , 2018 before me, the undersigned notary public, personally appeared John P. Wyman, who being by me duly sworn, did state that he is the Vice President for Merriwether Investments, Inc., a Missouri Corporation, and that the within instrument was executed on behalf of said Merriwether Investments, 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 Commission Expires: S6dT�CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR �N[NJJHJHg�E, OR ANY O 8 Tx341123842 4 Title of Document: General Warranty Deed Date of Document: ✓�P�Pm hnr �� , 2018 Grantor: Merriwether Investments, Inc. DOCUMENT # 2018-12693 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 12/21/2018 03:07:33 PM REC FEE: 30.00 PAGES: 3 Grantor's Address: 116 N. Spanish Street, Spanish Street Parking Lot Cape Girardeau, Missouri 63701 Grantee: City of Cape Girardeau Grantee's Address: 401 Independence Street Cape Girardeau, Missouri 63703 Legal Description: See Following Pages SOLD TO CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR RESALE, LICENSE, OR ANY 0 GENERAL WARRANTY DEED 116 N. SPANISH ST. CAPE GIRARDEAU, MO 63701 KNOW ALL PERSONS BY THESE PRESENTS: That on this /4A day of JJC ePl? b, . 2018, that MERRIWETHER INVESTMENTS, INC., a Missouri Corporation, GRANTORS, in consideration of Ten Dollars ($10.00) and other valuable consideration, to them paid by 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, GRANTEE, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantee, its successors and assigns, the following described parcel of land, lying, being and situated in the City and County of Cape Girardeau and State of Missouri, to -wit: ALL OF THE NORTHWEST PART OF LOT NO. THREE (3) IN RANGE "D" IN THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Begin at a point on the east line of Spanish Street one hundred thirteen and One- half (113 '/2) feet north from the southwest corner of said lot No. Three (3) in Range "D"; thence north along Spanish Street Sixty-one and one-half (61 %) feet, more or less, to Cape Alley; thence east with the south line of said Cape Alley One hundred Three (103) feet, more or less, to an alley; thence south with said last mentioned alley sixty-one an one half (61 %2) feet, more or less, thence West parallel with Themis Street one hundred three (103) feet, more or less, to the point of beginning. All of the Northwest part of Lot No. Three (3) in Range "D" in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Begin at the southwest corner of Lot No Three (3) in Range "D:", of the City of Cape Girardeau, Missouri, and run North along the east line of Spanish Street eighty-seven (87) feet for a beginning corner; thence East parallel with Themis Street, one hundred Two (102) feet to an alley; thence North parallel with Spanish Street, twenty-six and one-half (26 '/2) feet to a corner; thence West, parallel with Themis Street, One hundred two (102) feet to the east line of Spanish Street for a corner; thence South along the east line of Spanish Street, Twenty-six and one half (26 `/i) feet to the point of beginning. Together with an easement granted in the General Warranty Deed conveying such Real Estate to Martin Hecht, dated November 3, 1960 in Book 200 at Page 71 in the Recorder's Office at Jackson, Missouri. TO HAVE AND TO HOLD the premises aforesaid, with all the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto GRANTEE and unto its successors and assigns, forever; GRANTORS hereby covenanting that they are lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that they have good right to convey the same; that said premises are free and clear of any encumbrance done or suffered by them or those under whom they claim, and that they will warrant and defend the title to the said SOLD TO CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR RESALE, LICENSE, OR ANY 0 premises unto GRANTEE, and unto its successors and assigns, forever against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the undersigned has executed this General Warranty Deed this 10 - day ofDrrerp %Pty , 2018. 0 J Wym , Vice President Merriwether 14 v stments, Inc. STATE OF _ ) ss. COUNTY OF il�a lam] YG✓ ab a -t -t _ ) BE IT REMEMBERED, that on this �Aday of JJi('PYYI ia-✓ 2018 before me, the undersigned notary public, personally appeared John P. Wyman, who being by me duly sworn, did state that he is the Vice President for Merriwether Investments, Inc., a Missouri Corporation, and that the within instrument was executed on behalf of said Merriwether Investments, 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. otary Public My mmission Expires: / REBECCA L.FLUCHEL Notary Public - Notary Seal fBollinger County - State of Missouri Commission Number 13388638 My Commission Expires Sep 2, 2021 �S�0 CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR njfjjIIJJRE, OR ANYO' Tx341123842 3 DOCUMENT # FIR oir2018-12692 ANDREW DAVID BLATTNER ^�» RECORDER OF DEEDS 0 CAPE GIRARDEAU COUNTY, MO RECORDED ON 12/21/20718 03:07:32 PM REC FEE: 36.00 Ali PAGES: 5 -------------------------------------- ---- -- - (The abo4c space is reserved Por Recorder's Ceililication.) TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: GRANTOR'S MAILING ADDRESS: GRANTEE: GRANTEE'S MAILING ADDRESS: RETURN DOCUMENTS TO: LEGAL DESCRIPTION: PARKING EASEMENT AGREEMENT Decembe,14�2018 MERRIWETHER INVESTMENTS, INC. 627 Good Hope Street Cape Girardeau, Missouri 63703 DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT 401 Independence Street Cape Girardeau, Missouri 63702 Mark A. Spykerman, Esq. Gilmore & Bell, P.C. 211 North Broadway, Suite 2000 St. Louis, Missouri 63102 See Exhibit A a SOLD TO CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR RESALE, LICENSE, OR ANY 0 PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (this "Agreement") is made as of December j 2018 (the "Effective Date") by and between MERRIWETHER INVESTMENTS, INC. a Missouri Corporation (the "Grantor"), and the DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT, a political subdivision and community improvement district organized and existing under the laws of the State of Missouri (the "Grantee"), RECITALS A. Grantor owns certain real property described on Exhibit A attached hereto (the "Property"), which, as of the Effective Date, is primarily used as a parking lot. B. Grantee wishes to ensure that adequate parking facilities are available in the downtown area of the City of Cape Girardeau, Missouri. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein set forth, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Easement for Term. Grantor hereby grants to Grantee the easement described in this Section (the "Easement") for a term of fifteen years commencing on the Effective Date (the "Term" ). Pursuant to the Easement, the Property shall be maintained as public parking for automobiles, subject to all applicable laws and any reasonable time, place and manner restrictions established by the Grantor or any successor owner of the Property. in the event the Property is not maintained as public parking during the Term of the Easement in accordance herewith, the Grantee shall be permitted, upon 30 days' written notice to the Grantor or successor owner of the Property, to enter upon the Property and eject or remove any uses or obstacles that interfere with public parking on the Property. Any costs incurred by the Grantee in exercising its tights under this Easement shall be paid by the Grantor or a successor owner of the Property upon written demand by the Grantee. 2. Successors and Assigns, The Grantor's obligations under this Agreement and the Easement contained herein shall be a covenant running with the land and shall be an obligation of whomever, from time to time during the Term, is owner of title to the Property. The Grantee's benefits under this Agreement and the Easement contained herein are personal to the Grantee and may not be assigned, except to the City of Cape Girardeau, Missouri. 3. Default. Any breach of this Agreement or the Easement contained herein may be enforced by the Grantee by an action for specific performance filed at least 30 days after written notice of such breach has been has been sent to the Grantor or successor owner of tite Property. To the extent permitted by law, all costs of any such action to enforce the terms of this Agreement or the Easement contained herein shall be paid by the Grantee or successor owner of the Property. 4. Termination. Upon expiration of the Term or such earlier termination of this Agreement and the Easement described herein, the Grantor and Grantee shall, upon the request of either party, execute and record a termination statement acknowledging that this Agreement and the Easement described herein have been terminated. SOLD TO CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR RESALE, LICENSE, OR ANY 0 5.' Payment for Easement. As consideration for granting the Easement, the Grantor hereby acknowledges receipt of the sum of Fifteen Thousand Dollars ($15,000,00) from the Grantee. IN WITNESS WHEREOF, the Grantor and Grantee have executed this Agreement as of the day and year above written. "GRANTOR" MERRIWETHER INVESTMENTS, INC. By: Name: I77 Title: —� Merr;i,.f�c{iL.cr�d,�,�,v.cnl� Dint:. STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this 14A day of CP i CL__, 2018, before me appeared Jo / m,r_ to me personally known, who, being by me duly sworn, did say that he is the of MERRIWETHER INVESTMENTS,.INC., a Missouri corporation, and that said instrument was signed in behalf of said corporation, by authority of its governing body; and said Jd W VnL7 acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid on the day and year First above written. Namegprint): '1-iP bn rn L , f-ktche l Notar Public in and for said State My Commission Expires: REBECCA L.FLUCHEL LNotary Public - Notary Seal ollinger County - State of Missouri Commission Number 13388638 yCommission Expires Sep 2, 2021 PLF,ASF, AFFIX SEAL FIRAILY AND CLEARLY IN THIS BOX -2- SOLD TO CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR RESALE, LICENSE, OR ANY 0 "GRANTEE" DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT By: Name: Bruce Skinner Title: Chairman STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this 12 day of Agee ;yy: S 2018, before me, the undersigned, a Notary Public, appeared BRUCE SKINNER, to me personally known, who, being by me duly sworn, did say that he is the Chairman of the DOWNTOWN CAPE GIRARDEAU COMMUNITY IMPROVEMENT DISTRICT, 'astxuraart-is-th� cert , aid that said instrument was signed by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said District. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. ��p4�YPV �%;: WMABRADLEY b NQTAAY;*. My CommMlon Expires 4*; September 20, 2020 ... Scot County, Commklon#=73M (SEAL) " 0 ` Name: Notary Public in and for State of Missouri Commissioned inT County My commission expires: &-A1Y1b�r &D Ahab -3- SOLD TO CAPE COUNTY ABSTRACT AND TITLE COMPANY AND NOT FOR RESALE, LICENSE, OR ANY 0 Exhibit A 116 N Spanish Street "Spanish Street Parking Lot" All of the Northwest part of lot No. Three (3) in Range "D" in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Begin at a point on the east line of Spanish Street one hundred thirteen and One-half (113 '/2) feet north from the southwest corner of said lot No. Three (3) in Range "D'; thence north along Spanish Street Sixty-one and one-half (61 '/2) feet, more or less, to Cape Alley; thence east with the south line of said Cape Alley One hundred Three (103) feet, more or less, to an alley; thence south with said last mentioned alley sixty-one an one half (61 %2) feet, more or less, thence West parallel with Themis Street one hundred three (103) feet, more or less, to the point of beginning. All of the Northwest part of Lot No. Three (3) in Range "D" in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Begin at the southwest corner of Lot no Three (3) in Range "D:", of the City of Cape Girardeau, Missouri, and run North along the east line of Spanish Street eighty-seven (87) feet for a beginning corner; thence East parallel with Themis Street, one hundred two (102) feet to an alley; thence North parallel with Spanish Street, twenty-six and one-half (26 '/2) feet to a corner; thence West, parallel with Themis Street, One hundred two (102) feet to the east line of Spanish Street for a corner; thence South along the east line of Spanish Street, Twenty-six and one. half (26 %2) feet to the point of beginning.