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HomeMy WebLinkAboutOrd.5308.07-06-2020 BILL NO. 20-97 ORDINANCE NO. ,53(12 AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM MORGAN DISTRIBUTING, INC. , FOR PROPERTY LOCATED AT 4110 NASH ROAD 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 Morgan Distributing, Inc. , a Delaware Corporation Company, for property located at 4110 Nash Road, described as follows : THAT PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2018-09240 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, SAID CORNER ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF MISSOURI STATE ROUTE AB (A. K.A. NASH ROAD) ; THENCE WITH THE EAST LINE OF SAID TRACT, NORTH 00°25 ' 35" WEST, 27 . 00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS RECORDED IN DEED BOOK 266 AT PAGE 679 IN SAID LAND RECORDS; THENCE LEAVING SAID EAST LINE AND WITH SAID NORTH LINE OF EASEMENT, SOUTH 89°54 ' 13" WEST, 204 . 35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF EASEMENT, SOUTH 89°54 ' 13" WEST, 20 . 00 FEET; THENCE LEAVING SAID NORTH LINE OF EASEMENT, NORTH 00°42 ' 15" WEST, 16. 69 FEET; THENCE NORTH 89°17 ' 45" EAST, 20 . 00 FEET; THENCE SOUTH 00°42 ' 15" EAST, 16. 91 FEET TO THE POINT OF BEGINNING AND CONTAINING 336 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 6th DAY OF _4 July, 2020 . Bob Fox, Mayor ' \ 'y" ' _, ATTEST: �` y � / A , s �.j_ a mom/ truce Taylor peputy City Clerk :� 1 �� 1'r fltof PERMANENT UTILITY EASEMENT 4110 Nash Road, Cape Girardeau MO KNOW ALL PERSONS BY THESE PRESENTS: Morgan Distributing, Inc. a Delaware Corporation 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 4110 Nash Road, which is solely owned by the undersigned located in the County of Cape Girardeau, Missouri, to -wit: THAT PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2018-09240 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, SAID CORNER ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF MISSOURI STATE ROUTE AB (A.K.A. NASH ROAD); THENCE WITH THE EAST LINE OF SAID TRACT, NORTH 00°25'35" WEST, 27.00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS RECORDED IN DEED BOOK 266 AT PAGE 679 IN SAID LAND RECORDS; THENCE LEAVING SAID EAST LINE AND WITH SAID NORTH LINE OF EASEMENT, SOUTH 89°54'13" WEST, 204.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF EASEMENT, SOUTH 89°54'13" WEST, 20.00 FEET; THENCE LEAVING SAID NORTH LINE OF EASEMENT, NORTH 00'42'15" WEST, 16.69 FEET; THENCE NORTH 89°17'45" EAST, 20.00 FEET; THENCE SOUTH 00°42'15" EAST, 16.91 FEET TO THE POINT OF BEGINNING AND CONTAINING 336 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 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 has executed this easement this day of ,2020 Signature STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this day of , 2020 before me, the undersigned notary public, personally appeared , who being by me duly sworn, did state that he/she is the authorized representative for Morgan Distributing, Inc., a Delaware Corporation Company and that the within instrument was executed on behalf of said , a Delaware Corporation 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. Notary Public My Commission Expires: N Title of Document: Date of Document: Grantor(s) Name & Address: Grantee(s) Name & Address: Legal Description: Ordinance Number and Date: RECORDER OF DEEDS COVER PAGE Permanent Utility Easement 4110 Nash Road Cape Girardeau, MO 63701 July 6, 2020 Morgan Distributing, Inc. 4110 Nash Road Cape Girardeau, MO 63701 City of Cape Girardeau 401 Independence St. Cape Girardeau, MO 63701 Following Page 5308 July 6, 2020 DOCUMENT # LV iy/ VIiVT ANDREW DAVID BLATTNER RECORDER OF DEEDS ,APE GIRARDEAU COUNTY, MO RECORDED ON 08/0512020 09:36:49 AM REE FEE: 30.00 PACES: 3 PERMANENT UTILITY EASEMENT 4110 Nash Road, Cape Girardeau MO KNOW ALL PERSONS BY THESE PRESENTS: Morgan Distributing, Inc. a Delaware Corporation 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 4110 Nash Road, which is solely owned by the undersigned located in the County of Cape Girardeau, Missouri, to -wit: THAT PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2018-09240 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, SAID CORNER ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF MISSOURI STATE ROUTE AB (A.K.A. NASH ROAD); THENCE WITH THE EAST LINE OF SAID TRACT, NORTH 00°2535" WEST, 27.00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS RECORDED IN DEED BOOK 266 AT PAGE 679 IN SAID LAND RECORDS; THENCE LEAVING SAID EAST LINE AND WITH SAID NORTH LINE OF EASEMENT, SOUTH 89°54'13" WEST, 204.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF EASEMENT, SOUTH 89°54'13" WEST, 20.00 FEET; THENCE LEAVING SAID NORTH LINE OF EASEMENT, NORTH 00042,1511 WEST, 16.69 FEET; THENCE NORTH 89'17'45" EAST, 20.00 FEET; THENCE SOUTH 00142,15" EAST, 16.91 FEET TO THE POINT OF BEGINNING AND CONTAINING 336 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 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 has executed this easement this day of 2020 S' ature STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this 28 day of Me, - , 2020 before me, the undersigned notary public, personally appeared "LER �g2C�M , who being by me duly sworn, did state that he/she is the authorized representative for Morgan Distributing, Inc., a N&so*4 DEL AWARE Corporation Company and that the within instrument was executed on behalf of said Mog6& D►stki r mNG,114c a Mi&sow4 Corporation Company, and acknowledged that he has executed the same for the purposes /therein contained. ML0rwAkE IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: ai3 ;t o Q,3 BEVERLY D. EVITT OFFICIAL SEAL Notary Public - State of Illinois My Commission Expires Feb 25, 2023