HomeMy WebLinkAboutOrd.5512.02-22-2022 BILL NO. 22-30 ORDINANCE NO. 55/a
AN ORDINANCE ACCEPTING A PERMANENT SANITARY
SEWER EASEMENT FROM LC REALTY, LLC, FOR
PROPERTY LOCATED AT 3440 LOWE' S DRIVE, 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 Sanitary Sewer
Easement from LC Realty, LLC, for property located at 3440
Lowe' s Drive (Lowe' s) , in the City of Cape Girardeau, Missouri,
described as follows :
A tract of land being part of a larger tract located in the
Cape West Business Park, being part of U. S. Survey 3090 and
Section 2, Township 30 North, Range 13 East, City of Cape
Girardeau. Mo, said tract conveyed to LC Realty, LLC, by
deed recorded in Book 618 at page 139 of the Cape Girardeau
Land Records, Cape Girardeau, Missouri, and being described
as follows :
Commencing at the Northeastern corner of said tract
conveyed to LC Realty, LLC; thence South 21 degrees 18
minutes 06 seconds East along the Eastern line of said
tract a distance of 352 . 66 feet to the point of beginning
of the tract herein described: thence continuing, along
said Eastern line, South 21 degrees 18 minutes 06 seconds
East, a distance of 20 . 01 feet to a point; thence leaving
said Eastern line, South 67 degrees 25 minutes 01 seconds
West, a distance of 111 . 56 feet to a point; thence North 22
degrees 34 minutes 59 seconds West, a distance of 20 . 00
feet to a point; thence North 67 degrees 25 minutes 01
seconds East, a distance of 112 . 01 feet to the point of
beginning and containing 2236 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 22nd DAY OF February , 2022 .
Robbie Guard, Mayor °: • em&ore
ATTEST:
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Bruce Taylj, Deputy City Clerk
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Title of Document:
Date of Document:
Grantor(s) Name and Address
Grantee(s) Name and Address:
Legal Description:
Reference Book & Page, if
required:
�e R OF
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A
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EAU
RECORDER OF DEEDS
COVER PAGE
Il 1p 111111I,2Il0ll llll lfl
DOCUMENT #
2022-02740
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
03/14/2022 10:07:00 AM
REC FEE: 48.00
PAGES: 9
Permanent Sanitary Sewer Easement
Lowe's Home Center #0317 Project
January 20th, 2022
LC Realty, LLC
3440 Lowe's Dr.
Cape Girardeau, MO 63 701
City of Cape Girardeau
44 N. Lorimier Street
Cape Girardeau, MO 63701
See following page:
PERMANENT SANITARY SEWER EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: LC Realty, LLC, a Delaware limited
liability company hereinafter referred to as "Grantor", for and in consideration of the sum of One
Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby
acknowledged, does by these presents, grant, bargain, sell and convey to the CITY OF CAPE
GIRARDEAU, Missouri, a Missouri Municipal Corporation, hereinafter referred to as the
"City", a non-exclusive, perpetual easement to enter on and upon the following described
property, further illustrated on Exhibit A attached hereto and incorporated herein (the "Easement
Area"), which is solely owned by the Grantor and located in the City and County of Cape
Girardeau, State of Missouri, to wit:
A tract of land being part of a larger tract located in the Cape West Business
Park, being part of U.S. Survey 3090 and Section 2, Township 30 North, Range
13 East, City of Cape Girardeau. Mo, said tract conveyed to L.C. Realty, Inc, by
deed recorded in Book 618 at page 139 of the Cape Girardeau Land Records,
Cape Girardeau, Missouri, and being described as follows:
Commencing at the Northeastern corner of said tract conveyed to L. C.
Realty, Inc.; thence South 21 degrees 18 minutes 06 seconds East along the
Eastern line of said tract a distance of 352.66 feet to the point of beginning of the
tract herein described: thence continuing, along said Eastern line, South 21
degrees 18 minutes 06 seconds East, a distance of 20.01 feet to a point; thence
leaving said Eastern line, South 67 degrees 25 minutes 01 seconds West, a
distance of 111.56 feet to a point; thence North 22 degrees 34 minutes 59 seconds
West, a distance of 20.00 feet to a point; thence North 67 degrees 25 minutes 01
seconds East, a distance of 112.01 feet to the point of beginning and containing
2236 square feet, more or less.
1. Grantor shall be responsible for the initial construction of the sanitary sewer line within
the Easement Area in accordance with all applicable standards and regulations of the City and
any other applicable code. Upon acceptance by the City, the City shall have the right, privilege,
permission, and authority to enter on and upon the above described Easement Area for the
purpose of enabling the City as well as its agents, servants, and assigns to use the Easement Area
to excavate, build, construct, operate, maintain, and repair sanitary sewer improvements in, on,
upon, or across the Easement Area, together with all of the useful, necessary, and proper
adjuncts, appurtenances, and appliances in connection therewith (collectively, the "Facilities").
Grantor shall not have any obligation to maintain the Facilities.
2. Promptly upon completion of and after any maintenance, replacement, upgrade or repair
of the Facilities, the City will restore the Easement Area and any of the Grantor's property
affected by the construction, to the same condition, within reason, in which it was found before
such work was undertaken, including, without limitation, restoration of pavement, landscaping
and sod and restoration of the Easement Area to the elevation and grade which existed prior to
the activities of the City pursuant to this easement.
3. In the course of doing any work within the Easement Area at any time and from time to
time, the City shall cause as little disturbance to Grantor and its business as may be practicable
under the circumstances and the City shall take all necessary precautions and safety measures to
protect and preserve the safety of persons and property upon and about the Easement Area and
Grantor's property.
5. This easement is non-exclusive, and Grantor retains the right to use the Easement Area to
the extent such use is not incompatible with the City's use thereof. This easement and the right,
privilege, permission, and authority herein granted are perpetual and shall run with the land.
6. The undersigned covenants that they are the owner in fee simple of the above described
property and have the legal right to convey the same, subject to all matters of record as of the
date of this easement. Grantor has not conducted a title search or other review of property
records in connection with the granting of this easement.
(Signature Page Follows)
IN WITNESS WHEREOF, the undersigned has executed this easement on this &616 "\
day of .� Pkv n� —,2021.-
LC REALTY, LLC
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STATE OF NORTH CAROLINA )
SS.
COUNTY OF IREDELL )
On this day of 3N\u R „A 2021, personally appeared before me,
` *-,- G,o VjWne known to be the person described in and who executed the foregoing
instrument, and acknowledged that he/she has the authority to execute the same as the free act
and deed of LC Realty, LLC, a Delaware limited liability company for the purposes therein
stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in said State and County, the date first above written.
CSQ�—cz- \< ��- -
Notary Public Signature
Notary`Public Printed Name
My Commission Expires:
UQ Notary Public .r
Lincoln
County
My Comm, Ex .
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EXHIBIT A
EASEMENT AREA
L77Z-A7 : ,h5FMENr
-SCALE: V-150' N/F
DRURY DEV"LOPMEtT CORP.
5, 15 300' 211 SI6IERS DR
10#20-309-00-(16- 001,00-2000
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S84 *1621 2M 569.11'
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DRURY DEVELOONIENT CORP
ARNOLD Or?(VE
D#20-309-00-06 -003 00-0000
2005/8496
EXHIBIT.- '.'A"
Point of Commencement
'4g, corngr L.C,Realty, Inc.
Bk 618 pg 139
PROPOSED 20' VYID
SEWER EASEMENT
2,236 S.F, ±
LOWE'S #0317
I-C.REAUY. INC,
3440 LOWE'S DRIVE
ID#20-309-00-06-002-00-0000
618/139
N/F
DRURY DEVELOPMENT CORP.
SIEMERS DRIVE
ID#20-3139--00-06-00600-0000
1135/379
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EASEMENT EXHIBIT
INITIAL:
A TRACT OF LAND BEING PART OF A LARGER TRACT IN THE
CAPE WEST BUSINESS PARK, IN U.S. SURVEY 3090 AND SECTION 2
T -30-N, R -13-E, DEED BOOK 618 PAGE 139
CAPE GIRARDEAU COUNTY, MISSOURI
UNANIMOUS WRITTEN CONSENT
OF THE MANAGERS OF
LC REALTY, LLC
TO ACTION WITHOUT MEETING
2021
The undersigned (collectively, the "Manaliers"), being all of the managers of LC Realty, LLC, a
Delaware limited liability company (the "Company'), do hereby adopt the following resolutions by
signing their written consent hereto:
Appointment of Officers
RESOLVED, that the following persons as listed in Exhibit A are hereby appointed to the offices
set opposite their respective names, to serve until their successors shall be duly appointed and qualified:
Real Estate Resolutions
WHEREAS, the Company may be periodically involved in financial and real estate transactions
which require the execution and delivery of contracts, agreements, leases, subleases, lease assignments,
deeds, deeds of trusts or mortgages, easements, operating agreements, development agreements, notes,
escrow agreements, guaranties, and other documents and instruments necessary for the acquisition and
disposition of real estate or leasehold interests in real estate and the financing of transactions relating to
the acquisition and disposition of real estate; and
WHEREAS, it is the purpose of this resolution to authorize certain officers of the Company to
act on behalf of the Company on a continuing basis to execute such instruments and documents;
NOW, THEREFORE, BE IT RESOLVED, that any one of the following officers is authorized
to execute and deliver contracts, agreements, leases, deeds, deeds of trusts or mortgages, easements,
operating agreements, development agreements, notes, escrow agreements, guaranties, and other
documents and instruments necessary for the acquisition and disposition of real estate or leasehold
interests in real estate and the financing of transactions relating to the leasing acquisition or disposition of
real estate on behalf of the Company or any of its subsidiaries or affiliates:
• President
• Executive Vice President, General Counsel and Corporate Secretary
• Senior Vice President, Store Operations
• Vice President, Tax
• Any Vice President designated by the President
When attestation is necessary the Secretary or Assistant Secretary of the Company is hereby
authorized and appointed to attest the signatures of any one of the above-named officers and affix the
corporate seal. The execution of such instruments and documents by these officers shall be binding upon
the Company, and such officers are authorized to fix and determine the final details of such instruments
and documents and deliver the same.
RESOLVED, that the Secretary or Assistant Secretary may provide certified copies of this
resolution to other interested parties as evidence of the authority of these officers to act on behalf of the
Company. The Secretary the Company is hereby authorized to certify to interested third parties as to the
continuing authority or incumbency of an individual as an officer of the Company and the fact that this
resolution has not been rescinded.
RESOLVED, that the authority of these officers to act on behalf of the Company shall cease
upon their no longer being employed by the Company or their no longer occupying one of the offices set
forth above.
Ratification and Further Assurances
RESOLVED, that any and all actions heretofore taken by any Manager or officer of the
Company or any person or persons in connection with the transactions contemplated by these resolutions,
and all transactions related thereto, including their approval and acceptance of alterations and
modifications to the terms and conditions of any documents executed in connection with the resolutions,
are hereby approved, ratified and confirmed in all respects.
The undersigned in adopting the foregoing resolutions by signing their written consent hereto, do
confirm, ratify and approve the acts stated in said resolutions and direct that this written consent be filed
with the minutes and proceedings of the Company. Without otherwise limiting the generality of the
foregoing, the resolutions hereinabove set forth shall be as effective as if adopted by unanimous vote of
the undersigned at a meeting called pursuant to notice, all as required by the statutes of Delaware
governing same, and as required by the operating agreement of the Company, at which meeting each of
the undersigned was present in person.
This consent may be executed in one or more counterparts, each of which shall be deemed an
original and all of which shall constitute one and the same consent. Electronic signatures shall be
considered to be original signatures for purposes of this consent.
[Signatures on Following Page]
Effective as of Dec 16, 2021
MANAGERS:
A&hw--W 6o0Www
Richard Goodman (Dec 16, 202118:51 EST)
Richard J. Goodman
David R. Green
Vinny ScaTese (Dec 22,202107:4-4 EST)
Vincent Scalese
R %l%o"
Beth MacDonald (Dec 16,202118:15 EST)
Beth R. MacDonald
Exhibit A
LC Realty, LLC
Officers:
Goodman, Richard J.
President
McCanless, Ross W.
Executive Vice President, General
Counsel and Corporate Secretary
Scalese, Vincent
Senior Vice President, Store
Operations
Green, David R.
Vice President, Tax
MacDonald, Beth R.
Vice President, Associate General
Counsel and Assistant Secretary
Traw, Russell
Assistant Secretary
Roberts, Christopher S.
Assistant Treasurer