HomeMy WebLinkAboutOrd.5350.11-02-2020Title of Document:
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Grantor(s) Name & Address:
Grantee(s) Name & Address:
Legal Description:
RECORDER OF DEEDS
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RECORD DON
05/24/202101:05:44 PM
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Permanent Waterline Easement
November 2, 2020
D&D Cape Investments, LP
101 S. Farrar Drive
Cape Girardeau, MO 63702
City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63701
Exhibit A
Ordinance Number and Date: 5350 November 2, 2020
PERMANENT WATERLINE EASEMENT
V.A. CAPE G. SUBDIVISION
KNOW ALL PERSONS BY THESE PRESENTS: That D&D CAPE INVESTMENTS, L.P., a
Missouri limited liability partnership, hereinafter referred to as the "Grantor", 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 to the CITE' OF CAPE GIRARDEAU, MISSOURI, a municipal
corporation, hereinafter referred to as the "Grantee", a perpetual, non-exclusive waterline easement
(the "Easement") within the area described in Exhibit A, attached hereto and incorporated herein by
this reference (the "Easement Area"), subject to all matters of record.
SAID EASEMENT is granted for the purpose of enabling the Grantee, its agents, servants, and
assigns to use the Easement Area for the operation, maintenance, repair, and replacement of a public
waterline located therein, 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.
In exercising the rights granted herein, the grantee shall promptly repair any damage or
disturbance resulting in connection therewith to the same or as good condition as existed immediately
prior to Grantee's entry on the Easement Area, including restoring the ground to grade, seeding and
strawing, and replacing pavement as applicable.
At all times, the Grantee shall maintain worker's compensation insurance for any and all
employees entering onto or performing any work within the Easement Area. In addition, the Grantee
shall require any and all contractors retained by the Grantee to perform any work within or to enter
upon the Easement Area to maintain worker's compensation insurance and commercial liability
insurance in reasonable and customary amounts covering any personal injury and property damage
arising in connection with such work.
All work performed by or on behalf of the Grantee in the Easement Area shall be paid for in
full by the Grantee, and shall be performed in a good and workmanlike manner, in compliance with all
applicable laws.
TO HAVE AND TO HOLD the same with all Rights, Immunities, Privileges and
Appurtenances thereto belonging, unto the Grantee and its successors and assigns FOREVER, so that
neither the Grantor, nor its successors and assigns, nor any other person or entity, for it or in its name
on behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises, or any
part thereof, but they and every one of them shall, by these presents, be excluded and forever barred.
THE GRANTOR covenants that it is the owner in fee simple of the Easement Area and has the
legal right to convey said Easement.
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IN WITNESS WHEREOF, the undersigned has executed this instrument on this l`/�day of
2020.
D&D CAPE INVESTMENTS, L.P.
A Missouri limited liability partnership
By: DSW Industries, Inc., its general partner
By:
Carolyn F. Bohnert, Sr. Vice President
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this W"I day of ` h , 2020, before me, the
undersigned notary public, personally appeared Carolyn F. Bohne who, being by me duly sworn, did
state that she is Sr. Vice President of DSW Industries, Inc., general partner of D&D Cape Investments,
L.P., and that she executed the foregoing instrument as the free act and deed of DSW Industries, Inc.
and D&D Cape Investments, L.P., for the consideration stated herein and no other.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
State and County aforesaid, the date first above written.
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F MISSOURI
Cape Girardeau Counxpires: March 10, 2024
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My Commission Expires:
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Notary Public
V.A. CAPE G. SUBDIVISION
711 South Mount Auburn
EXHIBIT A
Easement Area
AN EASEMENT FOR A WATER LINE EXTENSION, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, T 30 N, R 13 E, OF THE FIFTH
PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST HEALTH WEST
CAMPUS AS RECORDED IN PLAT DOCUMENT NO. 2019-07795 OF THE LAND RECORDS
OF THE COUNTY RECORDER'S OFFICE; THENCE S 07° 1730" W, 1,646.38 FEET ALONG
THE WEST LINE OF SAID SUBDIVISION AND ITS PROLONGATION TO THE WEST RIGHT
OF WAY LINE OF SOUTH MOUNT AUBURN ROAD, SAID POINT BEING THE POINT OF
CUSP WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 940.00
FEET, A CENTRAL ANGLE OF 06° 01' 30" AND TO WHICH POINT A RADIAL LINE BEARS,
N 73° 19' 54" E; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE AND
RIGHT OF WAY LINE, 98.85 FEET TO THE TRUE POINT OF BEGINNING:
THENCE S 890 00' 58" W, 90.80 FEET; THENCE N 85° 50' 46" W, 57.25 FEET; THENCE N 040
09' 14" E, 16.00 FEET AND THERE TERMINATING.
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