HomeMy WebLinkAboutOrd.5293.06-01-2020BILL NO. 20-80
ORDINANCE NO. -5 �d?j
AN ORDINANCE ACCEPTING PERMANENT UTILITY
EASEMENTS FROM WEST BROADWAY PROPERTIES,
LLC, AND R. HETZEL PROPERTIES, L.L.C., 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
West Broadway Properties, LLC, a Missouri Limited Liability
Company, over part of a vacated alley behind 621 and 623 Perry
Avenue, in the City of Cape Girardeau, Missouri, described as
follows:
A TRACT OF LAND BEING PART OF BLOCK 1 OF WHITELAW
SUBDIVISION AS RECORDED IN PLAT BOOK 4 AT PAGE 7 IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI,
AND THAT PART OF A VACATED ALLEY IN CITY MANAGER FORM
ORDINANCE NUMBER 106, ALL IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS
FOLLOWS:
BEGINNING at. the Northwest Corner of Lot 7, Block 1 of
the aforementioned Subdivision; thence South 06052159"
West., along the West line thereof extended, 108.01
feet to a point in the Centerline of a vacated alley,
as shown in City Manager Form Ordinance #106; thence
North 83°06118" West, along said Centerline, 7.91 feet
to a point; thence North 06055155" East, 108.01 feet
to a point; thence South 83009112" East, 7.82 feet to
the POINT OF BEGINNING and containing 850 square feet,
more or less.
ARTICLE 2. The City of Cape Girardeau, Missouri,
hereby accepts, and agrees to accept, a Permanent Utility
Easement from R. Hetzel Properties, L.L.C., a Missouri
Limited Liability Company, over part of a vacated alley
behind 618 and 620 Whitelaw Avenue, in the City of Cape
Girardeau, Missouri, described as follows:
A TRACT OF LAND BEING PART OF BLOCK 1 OF WHITELAW
SUBDIVISION AS RECORDED IN PLAT BOOK 4 AT PAGE 7 IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI,
AND THAT PART OF A VACATED ALLEY IN CITY MANAGER FORM
ORDINANCE NUMBER 106, ALL IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS
FOLLOWS:
Commence at the Northwest Corner of Lot 7, Block 1 of
the aforementioned Subdivision; thence North 83009112"
West, 7.82 feet to the Point of Beginning; thence
continue, North 83009'12" West, 7.82 feet to a point;
thence South 06058'50" West, 108.01 feet to a point in
the Centerline of a vacated alley as shown in City
Manager Form Ordinance #106; thence South 83°06'18"
East, along said Centerline, 7.91 feet to a point;
thence North 06°55'55" East, 108.01 feet to the POINT
OF BEGINNING and containing 850 square feet, more or
less.
ARTICLE 3. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS V DAY OF
Bob Fox,
A71TES'.T:
GaConrad, City Clerk
r
2020.
PERMANENT UTILITY EASEMENT
621 & 623 Perry Avenue, Cape Girardeau MO
KNOW ALL PERSONS BY THESE PRESENTS: West Broadway Properties, L.L.C. a
Missouri 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 621 & 623 Perry Avenue, which is solely
owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit:
DESCRIPTION
A TRACT OF LAND BEING PART OF BLOCK 1 OF WHITELAW SUBDIVISION AS
RECORDED IN PLAT BOOK 4 AT PAGE 7 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, AND THAT PART OF A VACATED ALLEY IN CITY
MANAGER FORM ORDINANCE NUMBER 106, ALL IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS:
BEGINNING at the Northwest Corner of Lot 7, Block 1 of the aforementioned Subdivision;
thence South 06°52'59" West, along the West line thereof extended, 108.01 feet to a point in the
Centerline of a vacated alley, as shown in City Manager Form Ordinance #106; thence North
83'06'18" West, along said Centerline, 7.91 feet to a point; thence North 06°55'55" East, 108.01 feet
to a point; thence South 83°09'12" East, 7.82 feet to the POINT OF BEGINNING and containing
850 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 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 rim 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 has executed this easement this 30 day of
r : / 2020
If
Sign tune
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
BE IT REMEMBERED, that on this jot``day of 7tp217 , 2020 before me, the
undersigned notary public, personally appeared ANo who being by me duly sworn,
did state that he/she is the authorized representative forW.I�Q„a�w a Missouri Limited
Liability Company and that the within instrument was executed on behalf of said &6(&wH ?Put- , a
Missouri Limited Liability Company, 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.
NOIARYPU9LICAN_--__�p ERRgEA�
COMMISSIONED EOR CAPEIGIRARDEAU COUMY
MY COMMISSION EXPIRES JAN. 07, 2023
ID #19061448
My Commission Expires: �. D 7 .2 z a 3
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PERMANENT UTILITY EASEMENT
610 Whitelaw Avenue, Cape Girardeau MO
KNOW ALL PERSONS BY THESE PRESENTS: R. Hetzel Properties, L.L.C. a Missouri
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 behind 618-620 Whitelaw Avenue, which is solely owned by the
undersigned located in the City and County of Cape Girardeau, Missouri, to -wit:
DESCRIPTION
A TRACT OF LAND BEING PART OF BLOCK 1 OF WHITELAW SUBDIVISION AS
RECORDED IN PLAT BOOK 4 AT PAGE 7 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, AND THAT PART OF A VACATED ALLEY IN CITY
MANAGER FORM ORDINANCE NUMBER 106, ALL IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS:
Commence at the Northwest Corner of Lot 7, Block 1 of the aforementioned Subdivision;
thence North 83'09'12" West, 7.82 feet to the Point of Beginning; thence continue, North 83'09'12"
West, 7.82 feet to a point; thence South 06°58'50" West, 108.01 feet to a point in the Centerline of a
vacated alley as shown in City Manager Form Ordinance #106; thence South 83°06'18" East, along
said Centerline, 7.91 feet to a point; thence North 06°55'55" East, 108.01 feet to the POINT OF
BEGINNING and containing 850 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 the City, its agents, servants, and assigns to use said
property to excavate, build, and construct certain utility improvements as currently located, 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, subject to any and all easements and matters of
record.
The undersigned shall have the right to use the easement premises in any manner that will not
prevent or interfere with the exercise by the City of the rights granted hereunder.
In the event easement area conveyed herein is disturbed or damaged as a result of the City's
actions, City shall be responsible for restoring such property as nearly as practicable to the condition
which existed before work was begun in the easement area.
IN WITNESS WHEREOF, the undersigned has executed this easement this !� day of May,
2020 _
R. et Propertie LLC
By:
Richard L. tzel, Managing Member
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this '74—h day of May, 2020 before me, the undersigned notary
public, personally appeared Richard L. Hetzel, who being by me duly sworn, did state that he is the
Managing Member for R. Hetzel Properties, LLC, a Missouri Limited Liability Company and that the
within instrument was executed on behalf of said LLC, 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: �{
=o Y P TAMARA J. NENNtNGER
UBG�;: My Commission Expires
February 24, 2023
SEAL Cape Girardeau County
'OF Commission #15147855
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Northwest Corner Lot 1 R. letzel
Subdivision 1 Doc. No. 2014-1207
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Notes: Notes: \
Tract 1 contains 850 square feet \
Tract 2 contains 850 square feet \
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LINE TABLE
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Notes: Notes: \
Tract 1 contains 850 square feet \
Tract 2 contains 850 square feet \
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LINE TABLE
Line
Bearing
Distance
L-1
N 83°09'12" W
7.82
L-2
N 83°06'18" W
7.91
L-3
S 83°06'18" E
7.91
L-4
N 83"09'12" W
7.82
L-5
S 06`58'50" W
108.01
L-6
N 06'5555" E
108.01
L-7
S 06'5259" W
108.01
Corner of West
Properties Subdivision
Title of Document:
Date of Document:
Grantor(s) Name & Address:
Grantee(s) Name & Address:
Legal Description:
RECORDER OF DEEDS
COVER PAGE
Permanent Utility Easement
June 1, 2020
West Broadway Properties, LLC
2551 Palomino
Cape Girardeau, MO 63701
City of Cape Girardeau
401 Independence
Cape Girardeau, MO 63701
Following Pages
Ordinance Number and Date: 5293 June 1, 2020
11111111111111ddl
Tx: 4150167
DOCUMENT #
2020-11128
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
09/10/2020 12:00:22 PM
REC FEE: 30.00
PAGES: 3
PERMANENT UTILITY EASEMENT
Alley way behind 621 and 623 Perry Avenue
KNOW ALL PERSONS BY THESE PRESENTS: WEST BROADWAY PROPERTIES,
LLC ; a Missouri Limited Liability Company, hereinafter referred to as "Grantor", 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 non-exclusive right,
privilege, permission and authority to enter on and upon the following described property, located in
the City and County of Cape Girardeau, Missouri, to -wit:
AN ALLEY BEING PART OF BLOCK 1 OF WHITELAW SUBDIVISION AS
RECORDED IN PLAT _BOOK 4 AT PAGE 7' IN THE LAND RECORDS OF CAPE
,GIRARDEAU COUNTY, MISSOURI, AND THAT PART OF A VACATED ALLEY IN CITY
MANAGER FORM ORDINANCE NUMBER 106, ALL IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS:
BEGINNING at the Northwest Corner of Lot 7, Block 1 of the aforementioned Subdivision;
thence South 06°52'59" West, along the West line thereof extended, 108.01 feet to a point in the
Centerline of a vacated alley as shown in City Manager Form Ordinance #106; thence North
83°06'18" West, along said Centerline, 16.00 feet to a point; thence North 06°52'59" E, along the East
Line of Lots 15 and 16 extended of said Block 1, 108.01 feet to the.Northeast Corner of said Lot 16;
thence South 83°07'01' E, 16.00 feet to the POINT OF BEGINNING and containing 1728 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 the City, its agents, servants, and assigns to use said
property to excavate, build, construct, maintain, and operate certain utility 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 project 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, subject to any and all easements and matters of
record.
Grantor shall have the right to use the easement premises in any manner that will not prevent or
interfere with the exercise by the City of the rights granted hereunder.
In the event Grantor's property conveyed herein is disturbed or damaged as a result of the
City's actions, City shall be responsible for restoring Grantor's property as nearly as practicable to the
condition which existed before work was begun in the easement area.
[The remainder of this page is intentionally left blank. Signature page follows.]
IN WITNESS WHEREOF, the undersigned has executed this easement this day of March, 2020
WEST BROADWAY PROPERTIES, LLC
BY: a4i, 1 ��Q,.IZ
Ann W. Ritter, Manager
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this -'� day of March, 2020 before me, the undersigned
notary public, personally appeared Ann W. Ritter, who being by me duly sworn, did state thats he is
the authorized representative for West Broadway Properties, LLC a Missouri Limited Liability
Company and that the within instrument was executed on behalf of said West Broadway Properties,
LLC., a Missouri Limited Liability Company, and acknowledged that 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.
5 VA
My Commission Expires:
J14L ANNE GROM
NOTARY PI,IBLIC - NOTARY SEAL.
STATE OF MISSOURI
COUNTY OF GARS OIRAROEA�
COMMISSION 072fi501B
My ComrrisWrv—Expires: Septdr er 12, 2021
Title of Document:
Date of Document:
Grantor(s) Name & Address:
Grantee(s) Name & Address:
Legal Description:
RECORDER OF DEEDS
COVER PAGE
Permanent Utility Easement
June 1, 2020
R. Hetzel Properties, LLC
P.O. Box 965
Cape Girardeau, MO 63701
City of Cape Girardeau
401 Independence
Cape Girardeau, MO 63701
Following Pages
Ordinance Number and Date: 5293 June 1, 2020
II IIIIIIIIIIIIYIIIIIUdINIII
DOCUMENT #
2020-11112
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
09/10/2020 11:10:24 AM
REC FEE: 30.00
PAGES: 3
PERMANENT UTILITY EASEMENT
610 Whitelaw Avenue, Cape Girardeau MO
KNOW ALL PERSONS BY THESE PRESENTS: R. Hetzel Properties, L.L.C. a Missouri
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 behind 61.8-620 Whitelaw Avenue, which is solely owned by the
undersigned located in the City and County of Cape Girardeau, Missouri, to -wit:
DESCRIPTION
A TRACT OF LAND BEING PART OF BLOCK 1 OF WHITELAW SUBDIVISION AS
RECORDED IN PLAT BOOK 4 AT PAGE 7 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, AND THAT PART OF A VACATED ALLEY IN CITY
MANAGER FORM ORDINANCE NUMBER 106, ALL IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS:
Commence at the Northwest Corner of Lot 7, Block 1 of the aforementioned Subdivision;
thence North 83'09'12" West, 7.82 feet to the Point of Beginning; thence continue, North 83'09'12"
West, 7.82 feet to a point; thence South 06°58'50" West, 108.01 feet to a point in the Centerline of a
vacated alley as shown in City Manager Form Ordinance #106; thence South 83°06'18" East, along
said Centerline, 7.91 feet to a point; thence North 06°55'55" East, 108.01 feet to the POINT OF
BEGINNING and containing 850 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 the City, its agents, servants, and assigns to use said
property to excavate, build, and construct certain utility improvements as currently located, 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, subject to any and all easements and matters of
record.
The undersigned shall have the right to use the easement premises in any manner that will not
prevent or interfere with the exercise by the City of the rights granted hereunder.
In the event easement area conveyed herein is disturbed or damaged as a result of the City's
actions, City shall be responsible for restoring such property as nearly as practicable to the condition
which existed before work was begun in the easement area.
IN WITNESS WHEREOF, the undersigned has executed this easement this 7);1- day, of May,
2020
R. et 1`'Pro: rtie LLC
By;
Richard L. INtzel, Managing Member
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
BE IT REMEMBERED, that on this 'l0% day of May, 2020 before me, the undersigned notary
public, personally appeared Richard L. Hetzel, who being by me duly sworn, did state that he is the
Managing Member for R. Hetzel Properties, LLC, a Missouri Limited Liability Company and that the
within instrument was executed on behalf of said LLC, 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.
My Commission Expires
TAMARA J. NENNINGER
My Commission Expires
February 24, 2023
Cape Girardeau County
Commission #15147855
Notary Public