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HomeMy WebLinkAboutORD.3612.01-23-2006l BILL NO. 06-6 ORDINANCE NO.1�� AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM DKR, L.L.C., FOR PROPERTY ALONG THE CAPE LACROIX DRAINAGE CHANNEL FOR STORMWATER MANAGEMENT, 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 a General Warranty Deed for property along the Cape LaCroix drainage channel for stormwater management, executed by DKR, L.L.C., conveying to the City of Cape Girardeau, Missouri, the following described real property, to -wit: THAT PART OF LOT NO. 1 OF WESTBOROUGH SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the northwest corner of Lot no. 2 of Westborough Subdivision, said point being on the south right of way line of Cape Centre Drive; thence along said south right of way line, South 79021113" East, 200.00 feet; thence leaving said south right of way line, North 10038147" East, 32.23 feet; thence North 37047147" East, 19.97 feet, to the north right of way line of said Cope Centre Drive; thence along said north right of way line, North 79021113" 'West, 89.90 feet, to the point of beginning; thence continue North 79021113" West, 538.44 feet; thence leaving said north right of way line of Cape Centre Drive, North 09041148" East, 266.03 feet; thence South 26052157" East, 118.95 feet; thence South 46007155" East, 80.01 feet; thence South 59023112" East, 190.39 feet; thence South 89019105" East, 100.00 feet; thence North 82033106" East, 35.36 feet; thence North 55005155" East, 69.15 feet; thence South 40012149" East, 6.25 feet; thence South 26059125" East, 64.08 feet; thence South 10038147" West, 85.77 feet, to the point of beginning and containing 1.44 acres, more or less. Subject to any easements of record. I ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS `�� DAY OF , 2006. L. Cd*ad, City Clerk Jaye.udtson, Mayor I ?3 0,V19 C;+q of C*c-- 21105— 1 8SS4 REC FEE: $33.00 PAGES: 4 JANET ROBERT Recorder of Deeds, Cape birardeau County MO, certify that this document was filed for record at 10:11AM and official seal affixed at Jackson, MO. 12/30/2005 JANET ROBERT Recorder of Deeds [The above 3 inch blank space is reserved for the Recorder of Deeds Office. Do not alter or use] RECORDER OF DEEDS COVER PAGE Title of Document: Date of Document: General Warranty Deed December 22, 2005 Grantor(s) Name & Address: DKR Properties, L.L.C. C/O R. Michael Howard, Registered Agent P.O. Box 1150 Cape Girardeau, MO 63702-1150 Grantee(s) Name & Address: City of Cape Girardeau, Missouri 401 Independence St., P.O. Box 617 Cape Girardeau, MO 63702-0617 Legal Description: THAT PART OF LOT NO. 1 OF WESTBOROUGH SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the northwest corner of Lot no. 2 of Westborough Subdivision, said point being on the south right of way line of Cape Centre Drive; thence along said south right of way line, South 79021'13" East, 200.00 feet; thence leaving said south right of way line, North 10038'47" East, 32.23 feet; thence North 37047'47" East, 19.97 feet, to the north right of way line of said Cope Centre Drive; thence along said north right of way line, North 79021'13" 'West, 89.90 feet, to the point of beginning; thence continue North 79021'13" West, 538.44 feet; thence leaving said north right of way line of Cape Centre Drive, North 09041'48" East, 266.03 feet; thence South 26052'57" East, 118.95 feet; thence South 46007'55" East, 80.01 feet; thence South 59023'12" East, 190.39 feet; thence South 89019'05" East, 100.00 feet; thence North 82033'06" East, 35.36 feet; thence North 55005'55" East, 69.15 feet; thence South 40012'49" East, 6.25 feet; thence South 26059'25" East, 64.08 feet; thence South 10038'47" West, 85.77 feet, to the point of beginning and containing 1.44 acres, more or less. Subject to any easements of record. Reference Book & Page, if Required: 4 V GENERAL WARRANTY DEED THIS DEED, Made and entered into this -.2,2N,day of 20c� by and between DKR PROPERTIES, L.L.C., a Missouri limited liability corporation, organized and existing under the laws of the State of Missouri with its principal office in the County of Cape Girardeau, State of Missouri, party of the First Part, and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, of the County of Cape Girardeau, State of Missouri, party of the Second Part: 401 Independence, Cape Girardeau, Missouri 63701. WITNESSETH, that the said party of the First Part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, paid by the said party of the Second Part, the receipt of which is hereby acknowledged, does by these presents Grant, Bargain and Sell, Convey and Confirm unto the said party of the Second Part, its successors and assigns, the following described Real Estate, situated in the City and County of Cape Girardeau, and State of Missouri, to -wit: THAT PART OF LOT NO. 1 OF WESTBOROUGH SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the northwest corner of Lot no. 2 of Westborough Subdivision, said point being on the south right of way line of Cape Centre Drive; thence along said south right of way line, South 79'21'13" East, 200.00 feet; thence leaving said south right of way line, North 10°38'47" East, 32.23 feet; thence North 374747" East, 19.97 feet, to the north right of way line of said Cope Centre Drive; thence along said north right of way line, North 79°21'13" 'West, 89.90 feet, to the point of beginning; thence continue North 79°21'13" West, 538.44 feet; thence leaving said north right of way line of Cape Centre Drive, North 09°41'48" East, 266.03 feet; thence South 26°52'57" East, 118.95 feet; thence South 46°07'55" East, 80.01 feet; thence South 59'23'12" East, 190.39 feet; thence South 89°19'05" East, 100.00 feet; thence North 82°33'06" East, 35.36 feet; thence North 55°05'55" East, 69.15 feet; thence South 40°12'49" East, 6.25 feet; thence South 26°59'25" East, 64.08 feet; thence South 10°38'47" West, 85.77 feet, to the point of beginning and containing 1.44 acres, more or less. Subject to any easements of record. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto the said party of the Second Part, and unto its successors and assigns, forever, the said DKR PROPERTIES, L.L.C., hereby covenanting that it is lawfully i seized of an indefeasible Estate in Fee in the premises herein conveyed; that it has good right to convey the same; that the said premises are free and clear of any encumbrance done or suffered by it or those under whom it claims, and that it will WARRANT AND DEFEND the title to the said premises unto the said party of the Second Part, and unto its successors and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said party of the First Part has caused these presents to be signed by its President and its corporate seal, attested by its Secretary, to be hereunto affixed. DKR PROPERTIES, L.L.C. Y G. Keith Deimund, Managing Member STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this &ol— day of in the year 2005, before me, (name of notary), a Notary Public in and for said state, personally appeared G. Ked h Deimund of DKR Properties, L.L.C., known to me to be the person who executed the within General Warranty Deed in behalf of said limited liability company and acknowledged to me that he executed the same for the purposes therein stated. IN WITNESS WHEREOF, I, have hereunto set my hand and affixed my official seal at my office the day and year first above -written. LWA-hiaJ4 Notary Public My Commission Ex ires: �ti 00, Y P TRISHA HOLLOWAY _� • • NOTARY; '.0 -_ My Commission Expires * •; SEAL September 21, 2009 c Scott County Q� COmmlhaiAn #9677AW DATE �N W� 4 E vo DEVELOPMENT EXHIBIT FOR s �„�,,,p,,►,� K w°'" "" -- --- DKR PROPERTIES �,ro1'46 Ae— RECEIVED )N OF PLANNING ,R/e�S av Area Serve.d 6j A,a,n 0elehtion i3's;n COMM No Siwarxs rvlm n1w zr ,ans r�nalm6 IFtu 6tnw sso• a K3 we3namise AlaNO 71E aEsmnfao 6cra6� uc n�sr naa euanats wr ee u= ro � neolt crtdalo tna ro ifc BI.afMNi roar u4E Mat'v\ Oeten+ian Qasly\ saxma camual mwr,n. GRAPHIC SCALE 3OV.100A WW EMODOOM d LAMB 1 CIMwdmlk PS (673) 336 — 3026 F-1 (573) 336 — ry u. i x w ialsax xn emr.