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Home My WebLink AboutOrd.5266.02-03-2020BILL NO. 20-17 ORDINANCE NO. 15& 6 AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM WILLIAM D. VIED AND SHARON L. VIED, FOR 2522 BOUTIN DRIVE, 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 Utility Easement from William D. Vied and Sharon L. Vied, husband and wife, for 2522 Boutin Drive, in the City of Cape Girardeau, Missouri, described as follows: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE at a 1" Iron Pipe at the Southeast Corner of Lot 11. of The Amended LaCroix Industrial Park Plat, as shown in Plat Book 15 at Page 38 of the Land Records of the. County Recorder's Office, said point being on the North Right of Way Line of Missouri State Route W; thence Southwesterly, along a curve to the Left, having a Radius of 864.02 feet, a Length of 27.26 feet (the Chord of said curve bears, S 75°28'49" W, a distance of 27.26 feet) to the POINT OF BEGINNING; thence continue along said curve a Length of 10.00 feet; thence departing from said Right of Way, N 16°24'45" W, 5.00 feet to a point; thence N 73°35'15" E, 10.00 feet to a point; thence S 16°24'45" E, 5.00 feet to the Point of Beginning containing 50 square feet, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage aand approval. PASSED AND APPROVED THIS J DAY OF 020. Bob ^ox, Mayor '�' a. •� ATTEST: rues TayDeputy City Clerk, 11, AGREEMENT FOR THE GRANTING OF AN EASEMENT 2522 Boutin Drive Cape Girardeau, Missouri The undersigned, William D. Vied and Sharon L. Vied, husband and wife hereinafter called the "Owners", in consideration of the mutual covenants and agreements herein set forth, agrees to grant to the City of Cape Girardeau, a Municipal Corporation organized and existing under the laws of the State of Missouri, in the County of Cape Girardeau in the State of Missouri , hereinafter called the "City", and the City agrees to accept a Permanent Utility Easement, in, upon, over and across that certain tract of land described as follows THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE at a 1" Iron Pipe at the Southeast Corner of Lot 11 of The Amended LaCroix Industrial Park Plat, as shown in Plat Book 15 at Page 38 of the Land Records of the County Recorder's Office, said point being on the North Right of Way Line of Missouri State Route W, thence Southwesterly, along a curve to the Left, having a Radius of 864 02 feet, a Length of 27.26 feet (the Chord of said curve bears, S 75°28'49" W, a distance of 27.26 feet) to the POINT OF BEGINNING, thence continue along said curve a Length of 10 00 feet; thence departing from said Right of Way, N 16°24'45" W, 5 00 feet to a point; thence N 73°35'15" E, 10 00 feet to a point; thence S 16°24'45" E, 5 00 feet to the Point of Beginning containing 50 square feet, more of less. Be it known that the Parties wish to document the following conditions as part of the Easement Agreement; The terms and conditions of this agreement are as follows. 1 The City agrees to pay William and Sharon Vied $500 00 for a Permanent Utility Easement for the Boutin Water Main Extension Project. 2 The Owner agrees to grant to the City a Permanent Utility Easement for the Boutin Water Main Extension Project. 3 The City agrees to promptly repair any damages incurred on the Owners property that result from work being done. 4 The Seller represents that no elected City official or City employee shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom. 5 The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the Seller 6 All terms and conditions with respect to this agreement are expressly contained herein and the Seller agrees that no representative or agent of the City of Cape Girardeau has made any representation or promise with respect to this agreement not expressly contained within. William D i d Date / STATE OF ' I r S 561(r I ) COUNTY OF14 Ali � ss. \ �BhE IT REMEMBERED, That on this day of T1�( em ►/ , 2019, before me, personally appeared William D Vied, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date lastFor7ssouri E. LEMA - Notary Seal Missourideau County Notary Public xpires 02-04-2022 # 14574982 My Commission Expires t� Sharon L. Vied Date a STATE OF ss. COUNTY OF (� BE IT REMEMBERED, That on this )`T day of � , 2019, before me, personally appeared Sharon L. Vied, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date 1LNotary written. AN61E @, l€MA Public - Notary Seal State of Missouri pe Girardeau County i mission Expires 02-04-2022Notary P b 1c mmission # 145749 2 My Commission Expires. IN WITNES5. WHEREOF, the parties )hereto have caused executed this day of 1 ATTEST Druce Taylor76cou7tybty Clerk STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU 19 to be On tlus day of e , 2019, before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on 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, at my office in Cape Girardeau, Missouri, the day and year first above written. My Co sl(�o\� ission Expires. AMANDA L MCKINNEY Notary Public - Notary Seal STP rE OF MISSr)U(2I Lda ,- uiraruua;, County MY Commission Expires March 3, 2022 Commission #14588193 I m I I I I I Lot 7 Lot 12 o 'I Humane Society of SE Missouri PC I William Don and Deed Book 361, Page 518 I I dl I Sharon Vied I g C3 I N Book 446, Page 424 I -Existing 10' Utility Easement I cl I (Plat Book 15, Page 38) Lot 6 E I I dl I Lot 11 I .C. c I 31 I Southeast P.OComer Lot 11 The I I I I I Ameded LaCroix Industrial Park 1 I l D it 'A1 a at Book 15, Page 38 Hatched area co 50 Ow Ro+ _ _ _ .� ( \ square feet 03- AV AV ��+++yyyy�� \ � � LaPorte Streeu5o' ROW)- ciL e ROW Mary Beth Kenkel- ' Document No. 2014JO9394 I �A 8� I \ East Line of Lot 11 The Amended Detail "A" LaCroix Industrial Park Plat. Hatched area contains 50 PI t Book 15, Page 38 square feet �7 L L3 Missouri state Route "\N" P O.B. OC . centerline of z Basis of Bearings -GPS observations obtained by utilizing the MODOT CORS Network, Grid North, NAD 83, M.S.P C. Zone, 2401 East DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE at a 1 Iron Pipe at the Southeast Comer of Lot 11 of The Amended LaCroix Industrial Park Plat, as shown in Plat Book 15 at Page 38 of the Land Records of the County Recorders Office, said point being on the North Right of Way Line of Missouri State Route W; thence Southwesterly along a curve to the Left, having a Radius of 864.02 feet, a Length of 27.26 feet (the Chord of said curve bears, S 75°28'49" W a distance of 27.26 feet) to the POINT OF BEGINNING; thence continue along said curve a Length of 10.00 feet; thence departing from said Right of Way N 16°24'45' W 5.00 feet to a point; thence N 73°35'15' E, 10.00 feet to a point; thence S 16°24'45" E, 5.00 feet to the Point of Beginning containing 50 square feet, more of less. S 75°28 REFERENCES Record Plat of The Amended LaCroix Industrial Park Plat Book 15, Page 3B. Aerial Photograph 15-600 Online Mapping Records for Cape Girardeau County http://.qis.capecounty. usAaxparcelyiewer Water main Extension Plans for Boutin Drive dated 4-20-2018 and prepared by Koehler Engineering and Land Surveying (KELS) project number 35983 Improvement plans for a temporary building for the Humane Society of Southeast Missouri dated 1 20-2017 and prepared by Koehler Engineering and Land Surveying (KELS) project number 36556 Title of Document: Date of Document: Grantor(s) Name & Address: Grantee(s) Name & Address: Legal Description: RECORDER OF DEEDS COVER PAGE Permanent Utility Easement 2522 Boutin Drive Cape Girardeau, MO 63701 December 14, 2019 William D. and Sharon L. Vied 2522 Boutin Drive Cape Girardeau, MO 63701 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Following Pages Ordinance Number and Date: 5266 February 3, 2020 I' 6'llldillllll'llllulPlTx: 4150518 RECORDED ON 091 16f2020 03:12:49 PM REC FEE: 30.00 PAGES: 3 PERMANENT UTILITY EASEMENT 2522 Boutin Drive Cape Girardeau MO KNOW ALL PERSONS BY THESE PRESENTS: William D. and Sharon L. Vied a married couple, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City", the right, privilege, permission and authority to enter on and upon the following described property, located at 2522 Boutin Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE at a 1" Iron Pipe at the Southeast Corner of Lot 11 of The Amended LaCroix Industrial Park Plat, as shown in Plat Book 15 at Page 38 of the Land Records of the County Recorder's Office, said point being on the North Right of Way Line of Missouri State Route W; thence Southwesterly, along a curve to the Left, having a Radius of 864.02 feet, a Length of 27.26 feet (the Chord of said curve bears, S 75°28'49" W, a distance of 27.26 feet) to the POINT OF BEGINNING; thence continue along said curve a Length of 10.00 feet; thence departing from said Right of Way, N 16024'45" W, 5.00 feet to a point; thence N 73'35'15" E, 10.00 feet to a point; thence S 16°24'45" E, 5.00 feet to the Point of Beginning containing 50 square feet, more of 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 excavate, build, and construct certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey the same. [Remainder of Page Intentionally Left Blank. Signature Page To Follow.] William D. Vied Date STATE OF ss. COUNTY OF BE IT REMEMBERED, That on this /j day of 1)fu of bei , 2019, before me, personally appeared William D. Vied, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date asi..a�Zwritten. ANGIE E, LEM,A ory Public . Notary Seal State of Missouri Girardeau County L'QC"a�3',po mission Expires 02.04.2022 Comission # 14574982 My Co mis ion Expires: STATE OF ss. COUNTY OF�D�` ) Notary Pu0j, Sharon L. Vied Date BE IT REMEMBERED, That on this / % day of kel-ll bP�__ , 2019, before me, personally appeared Sharon L. Vied, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. ANGIE Ea... LEM"",— Notary Public - Notary Seal State of Missouri Cape Girardeau County MY Commission Expires 02-Q4.2022 Commission # 14574982