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HomeMy WebLinkAboutOrd.5288.05-18-2020 BILL NO. 20-70 ORDINANCE NO. 5 �g- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT UTILITY EASEMENT ON BEHALF OF THE CITY OF CAPE GIRARDEAU TO UNION ELECTRIC D/B/A AMEREN MISSOURI, FOR PROPERTY LOCATED AT 3099 SOUTH SPRIGG 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 Mayor, for on and behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Permanent Utility Easement to Union Electric d/b/a Ameren Missouri, for property located at 3099 South Sprigg Street, in the City of Cape Girardeau, Missouri, described as follows : A 50-FOOT WIDE EASEMENT BEING LOCATED IN THAT PART OF SECTION 24 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 24 ; THENCE WITH THE WEST LINE OF SAID SECTION 24 SOUTH 01°28 ' 23" EAST 1160 . 60 FEET TO THE INTERSECTION OF SAID LINE AND THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE LEAVING SAID WEST LINE AND WITH SAID NORTH RIGHT OF WAY LINE NORTH 64°16 ' 37" EAST 301 . 83 FEET, TO THE CENTERLINE OF AN EXISTING 40 FOOT WIDE ELECTRIC EASEMENT AS SHOWN IN EXHIBIT 2 , BOOK 581 PAGE 539, THE POINT OF BEGINNING; THENCE WITH SAID CENTERLINE NORTH 18°23 ' 55" WEST 50 .41 FEET; THENCE LEAVING SAID CENTERLINE NORTH 64°16 ' 35" EAST PARALLEL TO AND 50 FOOT NORTH OF SAID NORTH RIGHT OF WAY LINE FOR 829 . 08 FEET; THENCE NORTH 4°06 ' 32" EAST 208 . 06 FEET TO A POINT ON THE NORTH LINE OF DOC # 2008-00080 ; THENCE WITH SAID NORTH LINE, NORTH 73°11 ' 00" EAST 53 . 53 FEET TO THE NORTHEAST CORNER OF SAID DOC # 2008-00080 ; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE OF SAID DOC # 2008- 00080 SOUTH 04°06 ' 32" WEST 256 . 15 FEET TO THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE WITH SAID RIGHT OF WAY LINE SOUTH 64°16 ' 35" WEST 864 . 47 FEET TO THE POINT OF BEGINNING CONTAINING 53944 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 18th DAY OF May , 2020 . / . _ Bob Fox, " a or ATTEST: : m9 - N AYice i r0 1 D 11 �/ / /. Gaylet . Conrad, City Clerk ev ur,,; ' ,, PERMANENT UTILITY EASEMENT 3099 S. Sprigg Street KNOW ALL MEN BY THESE PRESENTS: The City Of Cape Girardeau, Missouri, a Municipal Corporation, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Union Electric Company d/b/a Ameren Missouri hereinafter referred to as "Ameren", the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A 50 -FOOT WIDE EASEMENT BEING LOCATED IN THAT PART OF SECTION 24, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 24; THENCE WITH THE WEST LINE OF SAID SECTION 24 SOUTH 01028'23" EAST 1160.60 FEET TO THE INTERSECTION OF SAID LINE AND THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE LEAVING SAID WEST LINE AND WITH SAID NORTH RIGHT OF WAY LINE NORTH 64016'37" EAST 301.83 FEET, TO THE CENTERLINE OF AN EXISTING 40 FOOT WIDE ELECTRIC EASEMENT AS SHOWN IN EXHIBIT 2, BOOK 581 PAGE 539, THE POINT OF BEGINNING; THENCE WITH SAID CENTERLINE NORTH 18023'55" WEST 50.41 FEET; THENCE LEAVING SAID CENTERLINE NORTH 64016'35" EAST PARALLEL TO AND 50 FOOT NORTH OF SAID NORTH RIGHT OF WAY LINE FOR 829.08 FEET; THENCE NORTH 4006'32" EAST 208.06 FEET TO A POINT ON THE NORTH LINE OF DOC # 2008-00080; THENCE WITH SAID NORTH LINE, NORTH 73°11'00" EAST 53.53 FEET TO THE NORTHEAST CORNER OF SAID DOC # 2008-00080; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE OF SAID DOC # 2008-00080 SOUTH 04006'32" WEST 256.15 FEET TO THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE WITH SAID RIGHT OF WAY LINE SOUTH 64016'35" WEST 864.47 FEET TO THE POINT OF BEGINNING CONTAINING 53944 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 Ameren, its agents, servants and assigns, to build, maintain, construct, operate, and repair electric lines from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owner in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has executed this easement this day of , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of '2020, before me personally appeared Bob Fox, to me personally know, who, being by me duly sworn, did say that he is the Mayor 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 the day and year first above written. Notary Public My Commission Expires: FOR I I S NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM EASEMENT EXHIBIT - / FORSoutheast MO Stone Co. / Book 349 Page 755 N7311'00"E 53.53' AMEKET'**T GS THAT PART OF SECTION 24, TOWNSHIP 30 NORTH, RANGE 13 — 6f .E 4�Ar. EAST, CAPE GIRARDEAU COUNTY, STATE OF MISSOURI. — . LOUT S16'49'00"E 16.18' / / 9 a; Southeast MO Stone Co. p ul Book 349 Page 755 N N u 3 X91 9 / / / EXISTING 20' WIDE ELECTRIC EASEMENT — — / z L. - Point of Commencement NWcorner of Sec 24 — — N88'36'O6"E 235.91' % City of Cape Girardeau City of Cape Girardeau Doc# 2008-00080 Book 581 Page 535 / I Proposed 50 Foot / I City of Cape Girardeau Wide Easement Ile \ Book 581 Page 535 53944 Sq Feet City of Cape Girardeau \ \ Book 581 Page 535 co W RAMSEY BRANCH CREEKCn Description of Easement 00 �\ N / A 50 -FOOT WIDE EASEMENT BEING LOCATED IN THAT PART OF SECTION 24, Z Cot \ EXISTING 40' WIDE 6 0 �`► TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, /OF J \ / / COUNTY ARLY DESCRIBED CAPE SCRIBED RIBED AS FOLLOWS: AU, STATE OF MISSOURI, AND BEING MORE o" ELECTRIC EASEMENT PARTICULA � O COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 24; THENCE WITH ApF11MIS THE WEST LINE OF SAID SECTION 24 SOUTH 01°28'23" EAST 1160.60 FEET TO THE �, G INTERSECTION OF SAID LINE AND THE NORTH RIGHT OF WAY LINE OF THE \ / / �3`�PMVIS� 'f► BURLINGTON NORTHERN RAILROAD; THENCE LEAVING SAID WEST LINE AND STE_ WITH SAID NORTH RIGHT OF WAY LINE NORTH 64016'37" EAST 301.83 FEET, TO THE CENTERLINE OF AN EXISTING 40 FOOT WIDE ELECTRIC EASEMENT AS SHOWN 0i18 IN EXHIBIT 2, BOOK 581 PAGE 539, THE POINT OF BEGINNING; THENCE WITH ySAID CENTERLINE NORTH 18023'55" WEST 50.41 FEET; THENCE LEAVING SAID CENTERLINE NORTH 64°16'35" EAST PARALLEL TO AND 50 FOOT NORTH OF SAID N1 8@23'55"W 50.41' / / ���/pj yva NORTH RIGHT OF WAY LINE FOR 829.08 FEET; THENCE NORTH 4°06'32" EAST \ 1 /�mrnnmmm� 208.06 FEET TO A POINT ON THE NORTH LINE OF DOC # 2008-00080; THENCE i WITH SAID NORTH LINE, NORTH 73°11'00" EAST 53.53 FEETTO THE NORTHEAST THIS IS NOT A BOUNDARY SURVEY AND WAS NOT PERFORMED CORNER OF SAID DOC # 2008-00080; THENCE LEAVING SAID NORTH LINE AND IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR WITH THE EAST LINE OF SAID DOC # 2008-00080 SOUTH 04°06'32" WEST 256.15 •� Point of Beginning PROPERTY BOUNDARY SURVEYS. FEET TO THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE WITH SAID RIGHT OF WAY LINE SOUTH 64°16'35" WEST + 864.47 FEET TO THE POINT OF BEGINNING CONTAINING 53944 SQUARE FEET, MORE OR LESS. LegendGRAPHIC SCALE Professional Engineers & Land Surveyc 60 a 30 60 120 240 1 Coker Lane Q = FOUND Y2"IRON ROD Cape Girardeau, eau, Missouri 63701 / OO = SET Y2" IRON ROD Ph: (573) 335 — 3026 Fax: (573) 335 — 3049 / O = STONE ( IN FEET) PLS CORPORATE LICENSE NO. 000262 / 1 inch = 60 ft. / Q = RR TIE FENCE CORNER DRAWN BY TS REV/DATE DESCRIPTION If / ® = FOUND MAG NAIL CHECKED BY. CK 3-31-20 Description Rev SURVEY DATE: 1-22-2020 / DRAWING DATE: 2-26-2020 AGREEMENT FOR THE GRANTING OF A PERMANENT UTILITY EASEMENT 3099 S. Sprigg Street Cape Girardeau, Missouri The undersigned, City Of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "City", in consideration of the mutual covenants and agreements herein set forth, agree to grant and convey to the Union Electric Company d/b/a Ameren Missouri, a Municipal Corporation, hereinafter referred to as "Ameren", and Ameren agrees to accept, a Permanent Utility Easement in, upon, over and across a certain tract of land described in Exhibit A, attached hereto and made a part hereof. The terms and conditions of this agreement are as follows: 1. Ameren agrees to pay $1,000 for the Permanent Utility Easement. 2. The City agrees to grant a Permanent Utility Easement. 3. Ameren will repair any damage to land, such as ruts, caused by equipment used to repair, construct or maintain utility easement. 4. It is agreed the City will defray the expenses incident to the preparation and recordation of the easement. 5. The City represents 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. 6. The terms and conditions aforesaid shall apply to and bind the heirs, executors, administrators, successors and assigns of the City. 7. All terms and conditions with respect to this agreement are expressly contained herein and the City agrees that no representative or agent of the City has made any representation or promise with respect to this agreement not expressly contained within. [Remainder of page intentionally left blank. Signature pages to follow.] IN WITNESS WHEREOF, the undersigned has executed this Sales Agreement this 22 day of April , 2020 r-01-1 �Q' 9-0� J�9A) - 1 -7 Union Electric Company d/b/a Ameren Missouri STATE OF MISSOURI ) ss. COUNTY OF ST. LOUIS ) BE IT REMEMBERED, That on this 22 day of April , 2020 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Geoffrey D. Douglass, to me personally known, who, being by me duly sworn, did state that he is the Director Real Estate of Union Electric Company d/b/a Ameren Missouri, a Municipal Corporation, and that said instrument was signed in behalf of Union Electric Company d/b/a Ameren Missouri, a Municipal Corporation for the consideration stated therein and no other, and said Geoffrey D. Douglass acknowledged said instrument to be the free act and deed of the company. In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. Rhonda �, gartra _ No z MisPUMC Notary Seai, State M Ile soon - St. Louis County Commission *1616Z7t30 MY Commission Expires 11/�7/202p My Commission Expires: 11/27/2020 Rhonda J. Bartram Scott Meyer, City Manager ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2020, before me personally appeared Scott Meyer, to me personally known, who, being by me duly sworn, did say that he is the 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 the day and year first above written. Notary Public My Commission Expires: Exhibit A Legal Description 3099 S. Sprigg Street, Cape Girardeau, MO A 5 0 -FOOT WIDE EASEMENT B EING LOCATED IN THAT PART OF SECTION 24, TOWNSHIP 3 0 NORTH, RANGE 13 E AST OF T HE FIFTH P RINCIPAL M ERIDIAN, C OUNTY OF C APE G IRARDEAU, S TATE OF M ISSOURI, AN D B EING M ORE P ARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 24; THENCE WITH THE W EST L INE OF S AID S ECTION 2 4 S OUTH 0 1028'23" E AST 1160.60 F EET T O T HE INTERSECTION OF SAID LINE A ND T HE NORTH R IGHT OF W AY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE LEAVING SAID WEST LINE AND W ITH SAID NOR TH R IGHT OF W AY LINE NO RTH 64016' 37" E AST 301.83 F EET, T O T HE CENTERLINE OF AN E XISTING 4 0 F OOT W IDE E LECTRIC E ASEMENT AS S HOWN IN EXHIBIT 2, BOOK 5 81 P AGE 5 39, T HE P OINT O F B EGINNING; T HENCE W ITH S AID CENTERLINE NORTH 18023'55" WEST 5 0.41 FEET; THENCE LEAVING SAID CENTERLINE NORTH 64016'35" EAST PARALLEL TO AND 50 FOOT NORTH OF SAID NORTH RIGHT OF WAY LINE FOR 829.08 FEET; THENCE NORTH 4006'32" EAST 208.06 FEET TO A POINT ON THE N ORTH LINE O F DOC # 2008 -00080; T HENCE W ITH S AID NOR TH LINE, NO RTH 73°11'00" E AST 5 3.53 F EET TO TH E NORTHEAST C ORNER OF S AID D OC # 2 008-00080; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE OF SAID DOC # 2 008- 00080 SOUTH 04006'32" WEST 256.15 FEET TO THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE WITH SAID RIGHT OF WAY LINE SOUTH 64016'35" WEST 864.47 FEET TO THE POINT OF BEGINNING CONTAINING 53944 SQUARE FEET, MORE OR LESS. RECORDER OF DEEDS COVER PAGE Title of Document: Permanent Utility Easement 3099 S. Sprigg Street Cape Girardeau, MO Date of Document- October 14, 2020 Grantor(s) Name & Address: City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 I Ililll�lllllllll'IIIIIII II DOCUMENT # 2020-13348 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 10/21/2020 01:S5:42 PM REC FEE: 33.00 PAGES: 4 Grantee(s) Name & Address: Union Electric Company d/b/a Ameren Missouri 45 S. Minnesota Cape Girardeau, MO 63703 Legal Description: Following Pages Ordinance Number and Date: 5288 May 18, 2020 PERMANENT UTILITY EASEMENT 3099 So Sprigg Street, Cape Girardeau, MO KNOW ALL MEN BY THESE PRESENTS: The City Of Cape Girardeau, Missouri, a Municipal Corporation, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Union Electric Company d/b/a Ameren Missouri hereinafter referred to as "Ameren", the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A 50 -FOOT WIDE EASEMENT BEING LOCATED IN THAT PART OF SECTION 24, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 24; THENCE WITH THE WEST LINE OF SAID SECTION 24 SOUTH 01028'23" EAST 1160.60 FEET TO THE INTERSECTION OF SAID LINE AND THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE LEAVING SAID WEST LINE AND WITH SAID NORTH RIGHT OF WAY LINE NORTH 64016'37" EAST 301.83 FEET, TO THE CENTERLINE OF AN EXISTING 40 FOOT WIDE ELECTRIC EASEMENT AS SHOWN IN EXHIBIT 2, BOOK 581 PAGE 539, THE POINT OF BEGINNING; THENCE WITH SAID CENTERLINE NORTH 18023'55" WEST 50.41 FEET; THENCE LEAVING SAID CENTERLINE NORTH 64016'35" EAST PARALLEL TO AND 50 FOOT NORTH OF SAID NORTH RIGHT OF WAY LINE FOR 829.08 FEET; THENCE NORTH 4°06'32" EAST 208.06 FEET TO A POINT ON THE NORTH LINE OF DOC # 2008-00080; THENCE WITH SAID NORTH LINE, NORTH 73011'00" EAST 53.53 FEET TO THE NORTHEAST CORNER OF SAID DOC # 2008-00080; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE OF SAID DOC # 2008-00080 SOUTH 04006'32" WEST 256.15 FEET TO THE NORTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE WITH SAID RIGHT OF WAY LINE SOUTH 64016'35" WEST 864.47 FEET TO THE POINT OF BEGINNING CONTAINING 53944 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 Ameren, its agents, servants and assigns, to build, maintain, construct, operate, and repair electric lines from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owner in fee supple of the above described property and have the legal right to convey same. ( �r- IN WITNESS WHEREOF, the undersigned has executed this easement this II `� day of , 2020. ATTEST: ruce Taylor eputy City Clerk STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU -2L- Bob Fox, Mayor a_ G, A Ar ss. On this day of 2020, before me personally appeared Bo Fox, to me personally know, who, being by me duly sworn, did say that he is the Mayor 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 the day and year first above written. My Commission Expires AMANDA L. 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