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
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AYice
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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
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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. MCKINNEY
Notary Public - Notary Seal
STATE OF MISSOURI
Cape Girardeau County
My Commission Expires March 3, 2022
Commission #14588193
(S'I'N)
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