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HomeMy WebLinkAboutOrd.5313.07-20-2020 BILL NO. 20-103 ORDINANCE NO. .5-'3/3 AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM LIBERTY APARTMENTS OF CAPE, LLC, FOR PROPERTY LOCATED AT 1145 WALNUT 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 City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Permanent Utility Easement from Liberty Apartments of Cape, LLC, a Missouri Limited Liability Company, for property located at 1145 Walnut Street, in the City of Cape Girardeau, Missouri, described as follows : THAT PART OF LOT 1 OF LIBERTY SUBDIVISION, A SUBDIVISION ON FILE IN THE RECORDS OF THE COUNTY OF CAPE GIRARDEAU IN DOCUMENT NUMBER 2019-03213, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS : COMMENCE AT • THE SOUTHWEST CORNER OF LIBERTY SUBDIVISION, SUBDIVISION ON FILE IN THE CITY AND COUNTY OF CAPE GIRARDEAU IN DOCUMENT NUMBER 2019- 03213; THENCE WITH THE SOUTH LINE OF SAID SUBDIVISION SOUTH 82°40 ' 14" EAST, 122 . 36 FEET; THENCE LEAVING THE SOUTH LINE OF SAID SUBDIVISION NORTH 06°19 ' 47" EAST, 32 . 71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06°19 ' 47" EAST, 35 . 00 FEET; THENCE SOUTH 83°40 ' 13" EAST, 20 . 00 FEET; THENCE SOUTH 06°19 ' 47" WEST, 35 . 00 FEET; THENCE NORTH 83°40 ' 13" WEST, 20 . 00 FEET TO THE POINT OF BEGINNING AND CONTAINING 700 SQUARE FEET, MORE OR LESS . ARTICLE 2 . This ordinance shall be in full for ► : d effect ten days after its passage and approval . ( i PASSED AND APPROVED THIS DAY OF \ 2511 ..Ald livp., Bob Fo`11- 4r-0 r , =®4 ATTEST: ) ,,, '11 :ruce ay-' , Deputy City Clerk TRE '' ' l /'1',11, `i�,A.11....•.,,� r'• / Title of Document: Date of Document: Grantor(s) Name & Address: Grantee(s) Name L& Address: Legal Description: RECORDER OF DEEDS COVER PAGE IIIIIIIIIIIIIIIIII'IP.IIIIIIII DOCUMENT ## 2020-11124 ANDREW DAVID BLATTNER RECORDER OF DEEDS RECORDED ON 0AM REC FEE: 33.00 PAGES: 4 Permanent Utility Easement Liberty Apartments 1145 Walnut St., Cape Girardeau July 22, 2020 Liberty Apartments of Cape, LLC 937 Broadway St. Cape Girardeau, MO 63701 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 Following Page Ordinance Number and Date: 5313 July 20, 2020 PERMANENT UTILITY EASEMENT Liberty Apartments of Cape, LLC KNOW ALL PERSONS BY THESE PRESENTS: LIBERTY APARTMENTS OF CAPE, LLc, 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 in the City and County of Cape Girardeau, Missouri, to -wit: DESCRIPTION OF UTILITY EASEMENT THAT PART OF LOT 1 OF LIBERTY SUBDIVISION, A SUBDIVISION ON FILE IN THE RECORDS OF THE COUNTY OF CAPE GIRARDEAU IN DOCUMENT NUMBER 2019-03213, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LIBERTY SUBDIVISION, SUBDIVISION ON FILE IN THE CITY AND COUNTY OF CAPE GIRARDEAU IN DOCUMENT NUMBER 2019-03213; THENCE WITH THE SOUTH LINE OF SAID SUBDIVISION SOUTH 82°40'14" EAST, 122.36 FEET; THENCE LEAVING THE SOUTH LINE OF SAID SUBDIVISION NORTH 06019'47" EAST, 32.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06°19'47" EAST, 35.00 FEET; THENCE SOUTH 83°40'13" EAST, 20.00 FEET; THENCE SOUTH 06°19'47" WEST, 35.00 FEET; THENCE NORTH 83°40'13" WEST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 700 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 have executed this easement this aulw' ay of j7d,/�, 2020. LIBERTY APARTMENTS OF CAPE, LLC By: Print Name: 1&11;w Its: STATE OF M I S50 UYj ) ss. COUNTY OF Cape %Irarle&A ) BE IT REMEMBERED, that on this 22 day of J ulth , 2020, before me, the undersigned notary public, personally appeared Meli 5,a `moi clte 1 , who being by me duly sworn, did state that he is the authorized representative for LIBERTY APARTMENTS OF CAPE, LLC a Missouri Limited Liability Company, and that the within instrument was executed on behalf of said LIBERTY APARTMENTS OF CAPE, 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. 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