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RECORDER OF DEEDS
COVER PAGE
Assignment of Easement Rights
Document # 2019-03761
Document # 2019-03762
Document # 2019-06347
January 13th, 2022
JMD INDUSTRIES, INC
1788 County Rd 347
Jackson, MO 63755
City of Cape Girardeau
44 N. Lorimier Street
Cape Girardeau, MO 63 701
See Exhibit B, C & D:
I III�IIDocIIIII8llfl'J2I��19
DOCUMENT #
2022-01866
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
...APE GIRARDEAU COUNT -V, MO
RECORDED ON
C-2122/2022 10:12:43 AM
REC EEE: 4/12.00
MAGES: 7
ASSIGNMENT OF EASEMENT RIGHTS
HIS ASSIGNMENT OF EASEMENT RIGHTS ("Assignment") is made this /ay
of, , 202,E by and between JMD Industries, Inc., a Missouri corporation
("Ass'µ nor') h ving offices at 863 N. Highway 125, Springfield, Missouri 65802, and the City
of Cape Girardeau, Missouri, a Missouri Municipal. Corporation ("the City") ("Assignee")
having offices at 44 N. Lorimier Street, Cape Girardeau, Missouri 63701.
WHEREAS, Assignor was granted a Utility Easement over several parcels of land, which
easements were filed and recorded April 30, 2019 as Document #2019-03761, April 30, 2019 as
Document #2019-03762, and July 9, 2019 as Document #2019-06347 in the Recorder of Deeds
office of Cape Girardeau County, Missouri ("Easement") for among other purposes the right to
use the Easement area to install, maintain and operate lines and other facilities for the
distribution of electricity, water, sewer, natural gas and other utilities; and
WHEREAS, Assignor has installed a waterline and sewer line in accordance with plans
and specifications approved by the City, which waterline and sewer line have been approved and
accepted by the City; and
WHEREAS, the City requires the right to use the Utility Easement for the operation and
maintenance of the waterline, sewer line and any other utilities.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties hereto, Assignor hereby assigns, without warranty, to Assignee, its
successors and assigns, a perpetual, non-exclusive right to use the Easement area to place,
replace, construct, reconstruct, erect, relocate, modify, repair, operate and maintain thereon,
utility line, lines or systems and other appurtenances and facilities for the distribution of
electricity, water, sewer, natural gas and other utilities upon the Easement area, and to enter upon
and cross over the Easement area and any adjacent roads, lanes or drives for the purpose of
exercising the rights assigned herein.
1. OBSTRUCTION. Assignee shall have the right to clear, remove and keep the Easement
area cleared of trees, limbs, roots, signs, buildings, structures, and other obstructions
which may damage, endanger, or interfere with the operation, maintenance or safety of
any utility lines or facilities located in the Easement area.
2. WORK/REPAIR. Upon completion of any project located on the Easement area
performed by Assignee, or its agents, contractors, employees or licensees, Assignee shall
restore the Easement area as nearly as possible to its condition as it existed prior to the
start of any such project.
3. RECORDING_. This Assignment is subject to all existing matters of record, and is
intended to be recorded and effective immediately.
4. ENTIRE AGREEMENT. This Assignment, including the attached exhibits, contains the
entire agreement between the parties and may only be amended by a written instrument
signed by Assignor and Assignee and recorded in the Cape Girardeau Colony Recorder
of Deeds office.
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above
written.
ASSIGNOR:
JMD INDUSTRIES, INC.
By:
M chelle Spo le
Corporate Secretary
STATE OF MISSOURI )
)ss:
COUNTY OF CAPE GIRARDEAU )
On this W day of January, 2022, before me appeared Michelle Spooler, to me
personally known, who, being by me duly sworn, did say that she is a duly elected officer of
JMD Industries, Inc., a Missouri corporation, that said instrument was signed. for and on behalf
of said company, and acknowledged said instrument to be thefreeact and deed of said company.
By: ( /(�11,�
Notary Public
My Commission Expires: o�
TRENNA R BRADSHAW
Note Public
alWOFMISOURI
Cape Girardeau Cwnly
Commission # 1805661"4
My Commission Expires: 04-16-2022
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Exhibit B
Easement Area 1
originally recorded in Doe # 2019-03761
ALL OF THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE
INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE
WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH
THE NORTH LINE OF FRACTIONAL SECTION 3 SOUTH 89042'38" WEST,
803.50 FEET TO_A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE
OF SAID SECTION 3, THENCE CONTINUE WITH THE NORTH LINE OF SAID
FRACTIONAL SECTION 3, SOUTH 89°39'27" WEST, 826.50 FEET; TO A FOUND
IRON PIN ON THE NORTHEAST CORNER OF A TRACT CONVEYED IN
DOCUMENT 2005-17966; THENCE WITH THE EAST LINE OF SAID TRACT
SOUTH 00°40'17" EAST, 377.26 FEET; TO THE PLACE OF BEGINNING;
THENCE CONTINUE SOUTH 00040'17" EAST, 31.20 FEET TO THE
SOUTHEAST CORNER OF SAID TRACT CONVEYED IN DOCUMENT 2005-
01966; SAID POINT BEING ON THE NORTH LINE OF MISSOURI ROUTE'K';
THENCE WITH THE NORTH LINE OF SAID ROUTE 'K', NORTH 74045'20"
WEST, 228.85 FEET; THENCE NORTH 72°15'02" WEST, 550.61 FEET TO THE
SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED IN DEED 783 AT
PAGE 850; THENCE WITH THE WEST LINE OF SAID TRACT, AND LEAVING
THE NORTH LINE OF MISSOURI ROUTE'K', NORTH 08°15'05" EAST, 30.42
FEET; THENCE SOUTH 72°15'02" EAST, 555.63 FEET; THENCE S 74°45'20"
EAST, 220.29 FEET; TO THE PLACE OF BEGINNING AND CONTAINING
23,352 SQUARE FEET, MORE OR LESS.
Exhibit C
Easement Area 2
originally recorded in Doe # 2019-03762
ALL OF THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE
INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE
WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH
THE NORTH LINE OF FRACTIONAL SECTION 3 SOUTH 89042'38" WEST,
803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE
OF SAID SECTION 3, THENCE CONTINUE WITH THE NORTH LINE OF SAID
FRACTIONAL SECTION 3, SOUTH 89°39'27" WEST, 826.50 FEET; TO A FOUND
IRON PIN ON THE NORTHEAST CORNER OF A TRACT CONVEYED IN
DOCUMENT 2005-17966; THENCE WITH THE EAST LINE OF SAID TRACT
SOUTH 00040'17" EAST, 408.46 FEET; TO THE SOUTHEAST CORNER OF A
TRACT CONVEYED IN DOCUMENT 2005-01966; SAID POINT BEING ON THE
NORTH LINE OF MISSOURI ROUTE 'K'; THENCE WITH THE NORTH LINE OF
SAID ROUTE 'K', NORTH 74045'20" WEST, 228.85 FEET; THENCE NORTH
72°15'02" WEST, 550.61 FEET TO THE SOUTHWEST CORNER OF A TRACT OF
LAND CONVEYED IN DEED 783 AT PAGE 850; TO THE PLACE OF
BEGINNING; THENCE CONTINUE NORTH 72015'02" WEST, ALONG THE
NORTH LINE OF ROUTE 'K', 11. 1.68 FEET TO THE EAST LINE OF A TRACT OF
LAND CONVEYED IN DOCUMENT 2004-19616; THENCE WITH THE EAST
LINE OF SAID TRACT, AND THE CENTER OF AN EXISTING CREEK; NORTH
03°24'37" WEST, 32.17 FEET; THENCE SOUTH 72°15'02" EAST, 118.27 FEET;
THENCE SOUTH 08015'05" WEST, 30.42 FEET; TO TIIE PLACE OF BEGINNING
AND CONTAINING 3,449 SQUARE FEET, MORE OR LESS.
Exhibit D
Easement Area 3
originally recorded in Doe # 2019-06347
ALL OF THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN,
IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATA FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION
OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF
UNITED STATES PRIVATE SURVEY #3090; THENCE WITH THE NORTH LINE OF
FRACTIONAL SECTION 3 SOUTH 89042'38" WEST, 803.50 FEET TO .A FOUND
SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3, THENCE
CONTINUE WITH THE NORTH LINE OF SAID FRACTIONAL SECTION 3, SOUTH
89°39'27" WEST, 232.39 FEET; TO A SET 1/2" IRON ROD WITH CAP; THENCE
SOUTH 00008'19" EAST, 252.79 FEET TO A SET'/2" IRON ROD WITH CAP; THENCE
SOUTH 31034'09" WEST, 99.29 FEET TO A SET'/2" IRON ROD WITH CAP; THENCE
SOUTH 00029'48" EAST, 184.11 FEET; TO THE PLACE OF BEGINNING; THENCE
CONTINUE THENCE SOUTH 00029'48" EAST, 30.62 FEET TO A SET %,'- IRON ROD
WITH CAP ON THE NORTH LINE OF MISSOURI STATE ROUTE 'K', THENCE
WITH SAID NORTH LINE, NORTH 78°54'15" WEST, 183.41 FEET TO A FOUND
MODOT RIGHT OF WAY MARKER; THENCE CONTINUING ALONG THE NORTH
LINE OF SAID ROUTE 'K', ALONG THE ARC OF A SPIRAL CURVE PARALLEL TO
AND 60 FEET NORTH OF THE CENTERLINE OF SAID ROUTE 'K', A DISTANCE
OF 254.63 FEET (SAID SPIRAL BEING APPROXIMATED BY A CIRCULAR CURVE
WITH A RADIUS OF 3318.90 FEET, AND THE CHORD ACROSS SAID ARC
BEARING NORTH 73017'01" WEST, 2.54.57 FEET); THENCE NORTH 74045'20"
WEST, 120.25 FEET TO A CORNER AT THE SOUTHEAST CORNER OF A TRACT
CONVEYED IN DOCUMENT 2005-17966; AND THE WEST LINE OF SAID TRACT
CONVEYED IN DEED BOOK 306 AT PAGE 457; AND LEAVING THE NORTH LINE
OF SAID ROUTE 'K'.; NORTH 00040'17" WEST, 31.20 FEET; THENCE SOUTH
74°45'20" EAST, 128.80 FEET; THENCE ALONG THE ARC OF A CURVE BEING 30
FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF
MISSOURI ROUTE K, A DISTANCE OF 254.87 FEET; THENCE SOUTH 78°54'15"
EAST, 175.21 FEET; TO THE PLACE OF BEGINNING AND CONTAINING 1.6,752
SQUARE FEET, MORE OR LESS.