HomeMy WebLinkAboutOrd.5513.02-22-2022 BILL NO. 22-32 ORDINANCE NO. 56/3
AN ORDINANCE ACCEPTING A PERMANENT ACCESS
EASEMENT FROM CAPE LAND & DEVELOPMENT LLC,
FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER
OF HOPPER ROAD AND OLD HOPPER ROAD, 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 Access Easement from
Cape Land & Development LLC, for property located at the
southwest corner of Hopper Road and Old Hopper Road, in the City
of Cape Girardeau, Missouri, described as follows :
Permanent Access Easement
PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING
12, 185 SQUARE FEET (0 . 28 ACRES) , MORE OR LESS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGIN AT THE SOUTHWEST CORNER OF LOT 5 OF DEER RUN
ESTATES PHASE 1, A SUBDIVISION RECORDED IN THE LAND
RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI; THENCE
ALONG THE SOUTH LINE OF SAID LOT 5, NORTH 89 DEGREES
37 MINUTES 51 SECONDS EAST, 25 . 05 FEET; THENCE LEAVING
SAID SOUTH LINE, SOUTH 00 DEGREES 05 MINUTES 50
SECONDS EAST, 142 . 35 FEET; THENCE SOUTH 89 DEGREES 54
MINUTES 10 SECONDS WEST, 100 . 00 FEET; THENCE NORTH 00
DEGREES 05 MINUTES 50 SECONDS WEST, 115 . 00 FEET TO A
POINT ON THE SOUTH LINE OF LOT 4 OF SAID DEER RUN
ESTATES PHASE 1; THENCE ALONG THE SOUTH LINE OF SAID
LOT 4, NORTH 89 DEGREES 54 MINUTES 10 SECONDS EAST,
75 . 00 FEET TO THE EAST RIGHT-OF-WAY LINE OF RIFLE
DRIVE; THENCE ALONG SAID EAST LINE, NORTH 00 DEGREES
05 MINUTES 50 SECONDS WEST, 27 . 23 FEET TO THE POINT OF
BEGINNING.
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 .
AMP
Robbie Guard, Mayo . -ro Tempore
ATTEST:
:ruce T_,010or, Deputy City Clerk
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Title of Document:
Date of Document:
Grantor(s) Name & Address:
Grantee(s) Name & Address:
Legal Description: See Page 1
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DOCUMENT #
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ORDER OF DEEDS
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PAGES:
RECORDER OF DEEDS
COVER PAGE
Permanent Access Easement
January 26, 2022
Cape Land & Development, LLC
2985 Boutin Drive
Cape Girardeau, MO 63701
City of Cape Girardeau
44 North Lorimier Street
Cape Girardeau, MO 63701
Reference Book & Page, if Required:
PERMANENT ACCESS EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: CAPE LAND & DEVELOPMENT
LLC, a Missouri Limited Liability Company, 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 Municipal Corporation of the State of Missouri, a permanent access easement for
public access purposes, on, over and across the following described property, which is solely
owned by the undersigned and located in the City and County of Cape Girardeau, State of
Missouri, to wit:
PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION
34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE
STATE OF MISSOURI, CONTAINING 12,185 SQUARE FEET (0.28 ACRES),
MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 5 OF DEER RUN
ESTATES PHASE 1, A SUBDIVISION RECORDED IN DOCUMENT
NUMBER 2022-02376 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI; THENCE ALONG THE SOUTH LINE
OF SAID LOT 5, NORTH 89 DEGREES 37 MINUTES 51 SECONDS EAST,
25,05 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 00 DEGREES
05 MINUTES 50 SECONDS EAST, 142.35 FEET; THENCE SOUTH 89
DEGREES 54 MINUTES 10 SECONDS WEST, 100.00 FEET; THENCE
NORTH 00 DEGREES 05 MINUTES 50 SECONDS WEST, 115.00 FEET TO A
POINT ON THE SOUTH LINE OF LOT 4 OF SAID DEER RUN ESTATES
PHASE l; THENCE ALONG THE SOUTH LINE OF SAID LOT 4, NORTH 89
DEGREES 54 MINUTES 10 SECONDS EAST, 75.00 FEET TO THE EAST
RIGHT-OF-WAY LINE OF RIFLE DRIVE; THENCE ALONG SAID EAST
LINE, NORTH 00 DEGREES 05 MINUTES 50 SECONDS WEST, 27.23 FEET
TO THE POINT OF BEGINNING.
Said easement is granted for the purpose of allowing public access on, over and across
the above described property, together with all of the useful, necessary, and proper adjuncts,
appurtenances, and appliances in connection therewith. Furthermore, said easement is perpetual
and shall run with the land.
The undersigned covenants that it is the owner in fee simple of the above described
property and has the legal right to convey the same.
IN WITNESS WHEREOF, the undersigned has executed this easement on this ol�
day of iA ", 20 7-7—.
CAPE LAND &aSVE MENT LLC
ndon illiams, M nager
STATE OF r j )
SS.
COUNTY OF
On this t.P - day of 3�kj tA P t , 20,Z,7—, before me personally appeared
Brandon O. Williams, Manager of CAPE LAND & DEVELOPMENT LLC, a Missouri Limited
Liability Company, known by me to be the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as the free act and deed of said 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.
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MyCommission Expires
* . NOTARY', , =
ootober 25, 2023
SEAL .-�:
Cape Girardeau County
9OF �
Commission #15330864
My Commission
Expires: L()1-, 5
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