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HomeMy WebLinkAboutOrd.5277.04-20-2020EXHIBIT A EASEMENT AREA (SEE ATTACHED) PERMANENT FIBER OPTICS EASEMENT EXHIBIT A I I Lot No. 2 I Maintenance Building Point of Commencement $W CoLot No.2 I Crowe Subdivision So d,, Doc.#2018-12852 �1p 41 Iron Pin YI L10 L7 L8 ILine Table L5 L6 No. Bearing Distance Apartment No.4 L1 S00. 00' 1104' ml N Lz eo' oo'w ill W sou• 13.04' m L3 N48' 54' WE 53.07 N I ClubHous. !, L4 L5 S4V 54' 42'W 53.49'L3 NOT 05' WE 4268' La is N '�• z 3 L6 SOT 05' 17'W 4268' The Legends L1 . a I $ 1La L7 N96. 00' 06'W 9.90' y w, N90' 00' 00'W 9.90' Fiber Optics 20' Wide A L2 9 �7 17N 2�, IU 110 1 NOT W 1rE 1&1s Easement Exhibit (Easement Retluces To 4' Wide Through Apartment No. 4) 314.16' �$ NOW 29' 10'E tW� t3� 31&74' I Iron Pin Nj3 2$ S89. 29' 10'W R-2907.00' L-14.51' \4a9 15'w R=2907.00' OB L=20.82' in Station Iron Pin N66' 39 Title of Document: Date of Document: Grantor(s) Name & Address: Grantee(s) Name & Address: Legal Description: RECORDER OF DEEDS COVER PAGE IlllllllillllllllllllllllllTx: 4150157 DOCUMENT # 2020-11114 ANDREW DAVID BLATTNER RECORDER OF DEEDS RECORDED ON 0-9/1012020 2020 11.14;53 AM REC EEE: 36.00 PAGES: 5 Permanent Fiber Optic Easement April 20, 2020 SEMO Legends, LLC 2070 N. Sprigg Street Cape Girardeau, MO 63701 City of Cape Girardeau 401 hidependence Cape Girardeau, MO 63701 Following Page Ordinance Number and Date: 5277 April 20, 2020 PERMANENT FIBER OPTICS EASEMENT SEMO Legends, LLC 2070 N. Sprigg Street Cape Girardeau, Missouri KNOW ALL PERSONS BY THESE PRESENTS: SEMO Legends, LLC, A Texas Limited Liability Company, 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 2070 N. Sprigg Street, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A 20' WIDE UTILITY EASEMENT AND A 4' WIDE UTILITY EASEMENT ACROSS THAT PART OF LOT NO. 1 OF CROWE SUBDIVISION, AS RECORDED IN DOCUMENT NO. 2018-12852 OF THE COUNTY LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS: COMMENCE at the Southwest Corner of Lot No. 2 of Crowe Subdivision; thence South 00°59'31" East, 241.21 feet to an iron pin, also being the point of curvature on the East Right of Way line of North Sprigg Street; thence along said curve, with a Radius of 2907.00 feet, and a Length of 14.51 feet to the Point of Beginning; thence departing from said Right of Way, North 73'28'13" East, 146.01 feet; thence North 89'29'10" East, 314.16 feet; thence North 48°5442" East, 84.55 feet; thence South 00°00'00" West, 13.04 feet; thence North 48°54'42" East, 53.07 feet; thence North 07°05'17" East, 42.68 feet; thence North 90°00'00" West, 9.90 feet; thence North 07'05'17" East, 18.15 feet; thence North 72'34'14" East, 110.41 feet; thence South 11°38'01" East, 248.08 feet; thence North 88°39'58" West, 20.52 feet; thence North 11138'01" West, 221.34 feet; thence South 72'34'14" West, 75.42 feet; thence S 07'05'17" West, 2.80 feet; thence North 90°00'00" West, 9.90 feet; thence South 07'05'17" West, 42.68 feet; thence South 48°54'42" West, 53.49 feet; thence South 00°00'00" West, 13.04 feet; thence South 48°54'42" West, 75.50 feet; thence South 89'29'10" West, 318.74 feet; thence South 73'28'13" West, 148.94 feet to a point on the Southeasterly Right of Way of North Sprigg Street; thence Northeasterly, along a Curve to the Left, having a Radius of 2907.00 feet, a Length of 21.29 feet (the chord of said curve bears North 01'25'26" East, 21.29 feet) to the Point of Beginning containing 0.41 Acres, more or less. The easement area is also depicted on Exhibit A, attached hereto and incorporated herein. 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 for the installation, operation, and maintenance of fiber optics cables, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. PERMANENT FIBER OPTICS EASEMENT Page I For any portion of the easement that is under a building, the easement granted herein is subsurface only and must be used in such a way as will not impact the structural integrity of the building. The fiber is to be contained in the existing conduit sinless it is impossible to do so. The surface may be disturbed only in order to repair or replace the conduit and, for any portion of the easement that is under a building, the surface may not be disturbed at all. The easement is only for fiber and not for other utilities. The City must provide prior reasonable notice to the land owner before any work is done on the easement. The surface must be promptly restored after it is disturbed to the condition it was in immediately prior to being disturbed. The fiber optics cable and its conduit within said easement is for City purposes only. 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. IN WITNESS WHEREOF, the undersigned have executed this easement this _jt�day of 2020. SEMO Legends, LLC By: Eric O. Jakim' �VicePresident STATE OFA S ) ss. COUNTY OF t ct\ t,S ) BE IT REMEMBERED, that on this II HN day of fit° y , 2020 before me, the undersigned notary public, personally appeared Eric O. Jakimier, who, being by me duly sworn, did state that he/she is the authorized representative for SEMO Legends, LLC, a Texas Limited Liability Company, and that the within instrument was executed on behalf of said SEMO Legends, LLC, a Texas Limited Liability Company, and acknowledged that he/she 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. My Commission Expires: jI,07 -L'3 !�/✓ <c't/L" Notary Public MARC A. SULLIVAN Notary Public, State of Texas Comm. Expires 11-07-2023 Notary ID 130432717 PERMANENT FIBER OPTICS EASEMENT Page 2 Iffloill EASEMENT AREA (SEE ATTACHED) PERMANENT FIBER OPTICS EASEMENT EXHIBIT A I I 1 I Lot No. 2 1.1°� 9 I lal cammenmmsnl I sv�l�a,m Lm i oo'�. a3ote lza'sx I w,.x wN „c l D!` I ryl Lln StT �,1; Line Table O 0 ULo sl hl N 4 I 11 IrjHW (J 11 wwoov I—, 13 —wmy11 WE CWL Wine 1 4rw 518' 1f 13'I S ifLo � m Ix426N vDD�ti 59D x9Rw DD Ll The Legends Fiber Optics 20' Wide Y Y ^* II Nor Win a15' Easement Exhibit s =--_,. _—'t I�..nremn«e�,a....�vnes m�o�9n<wnn»,m lao. <I •9 16YW BE N6D�15� ]1831' I Pin M9) tB HY N' IBl' R=3951.DD' Ne91 S 1 M R=DB BSar SlS la Imn Pin 8 �