HomeMy WebLinkAboutORD.2798.10-09-2000BILL NO. 2000-237 ORDINANCE NO.
AN ORDINANCE ACCEPTING A SEWER, UTILITY AND
STORM DRAINAGE EASEMENT FROM DPS REAL ESTATE,
FOR A SEWER LINE IN DOCTOR'S PARK SECOND
SUBDIVISION
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 a Sewer, Utility and Storm Drainage Easement, executed by
DPS Real Estate, a Missouri General Partnership, conveying to the
City of Cape Girardeau, Missouri, a Sewer, Utility and Storm
Drainage Easement for a sewer line in Doctor's Park Second
Subdivision, more particularly described as follows, to -wit:
A PART OF LOTS 49 AND 50 OF DOCTORS' PARK SECOND
SUBDIVISION, LYING IN OUTLOT NO. 85 OF U.S.P.S. NO. 2199
AND IN U.S.P.S. NO. 3090, TOWNSHIP 30 NORTH, RANGE 13
EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 30 FEET WIDE LYING 20 FEET SOUTHERLY OF
AND 10 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
Commencing at the southeast corner of lot no. 49 of
Doctors' Park Second Subdivision as recorded in the land
records of the County Recorder's Office in plat book no.
12 at page no. 22, said point being on the west right of
way line of Doctors' Park Drive, and being the beginning
of a non -tangent curve concave to the southwest having a
radius of 367.35 feet and a central angle of 060 53' 3511,
and to which a radial line bears S 760 56' 20" W; Thence
in a northwesterly direction along said curve and west
right of way line, 44.20 feet to the beginning of a
compound curve, concave to the southwest having a radius
of 253.34 feet and a central angle of 070 32' 06"; Thence
continuing in a northwesterly direction along said curve
and right of way line, 33.32 feet to the TRUE POINT OF
BEGINNING:
Thence leaving said right of way line, S 720 08' 42" W,
305.92 feet to a point on the south line of said lot no.
49, and there terminating.
The sidelines of the above described easement being
prolonged and shortened to terminate at the west right of
way line of Doctors' Park Drive and at the east line of
an existing sewer, utility and drainage easement as shown
by plat of said Doctors' Park Second Subdivision.
ARTICLE 2. This ordinance shall be in full force and effect
ten days after its passage and approval.
i
PASSED AND APPROVED THIS %ti: DAY OF 2000.
A. JI. Spradling, III,
ATTEST:
Gayle ;L. Conrad
City Clerk
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SEWER, UTILITY AND STORM DRAINAGE EASEMENT 0 1ti`'3U
KNOW ALL MEN BY THESE PRESENTS: DPS REAL ESTATE, a Missouri General
Partnership, 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, bargain, sell and
convey to the City of Cape Girardeau, Missouri, 401 Independence, Cape Girardeau, Missouri
63701, a Municipal Corporation, hereinafter called City, the right, privilege, permission and
authority to enter on and upon the following described property which is solely owned by the
undersigned located in the City and County of Cape Girardeau, Missouri, to-wit:
A PART OF LOTS 49 AND 50 OF DOCTORS'PARK SECOND SUBDIVISION,
LYING IN OUTLOT NO. 85 OF U.S.P.S. NO. 2199 AND IN U.S.P.S. NO. 3090,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 30 FEET WIDE LYING 20 FEET SOUTHERLY OF AND 10
FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
Commencing at the southeast corner of lot no. 49 of Doctors' Park Second
Subdivision as recorded in the land records of the County Recorder's Office in plat
book no. 12 at page no. 22, said point being on the west right of way line of Doctors'
Park Drive,and being the beginning of a non-tangent curve concave to the southwest
having a radius of 367.35 feet and a central angle of 06° 53' 35", and to which a
radial line bears S 76° 56' 20" W; Thence in a northwesterly direction along said
curve and west right of way line, 44.20 feet to the beginning of a compound curve,
concave to the southwest having a radius of 253.34 feet and a central angle of 07° 32'
06";Thence continuing in a northwesterly direction along said curve and right of way
line, 33.32 feet to the TRUE POINT OF BEGINNING:
Thence leaving said right of way line, S72° 08'42" W, 305.92 feet to a point on the
south line of said lot no. 49, and there terminating.
The sidelines of the above described easement being prolonged and shortened to
terminate at the west right of way line of Doctors' Park Drive and at the east line of
an existing sewer, utility and drainage easement as shown by plat of said Doctors'
Park Second Subdivision.
Said right, privilege, permission and authority to enter in and upon said property above
described is irrevocable and is granted for the purpose of enabling the City,its agents, servants and
assigns, to use said property for the management of utilities and storm water drainage and for the
purpose of enabling the City of Cape Girardeau, Missouri, its agents, servants and assigns to
excavate, build, maintain, construct, operate, and repair said utilities and storm water drainage
system and to install, lay, erect, construct, maintain, operate, repair, remove, reinstall, replace one
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or more sanitary and storm sewer lines from time to time, in, on, upon, or across said described
property,together with all the useful,necessary and proper adjuncts,appurtenances,manholes,and
appliances in connection therewith.
This easement is permanent and irrevocable and shall run with the land and shall be binding
upon the parties hereto,their heirs,successors,executors,administrators,and assigns. This easement
is to become effective on the date of execution.
The undersigned covenants that it is the owner in fee simple of the above described property
and has the legal right to convey same.
IN WITNESS WHEREOF, the undersigned has executed this easement this day of
August, 2000.
Drs REAL ESTATE, a Missouri
General Partnership
By CiRcs-v,eacIA ,
Ronald G. Wittmer
Partner
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this I OOday of August, 2000,before me personally appeared Ronald G. Wittmer,to me
known to be the person described in and who executed the foregoing instrument,and acknowledged
that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at
my of i e in Cape Girardeau the day and year first above written.
Not P lic
My term expires: