HomeMy WebLinkAboutORD.3708.08-21-2006is
BILL NO. 06-175
ORDINANCE NO.
AN ORDINANCE ACCEPTING A GRANT OF EASEMENT
FROM DALHOUSIE, L.L.C., FOR SANITARY SEWER
IMPROVEMENTS TO SERVE THE HIGHLANDS AT
DALHOUSIE PHASE III, IN THE CITY AND COUNTY
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 Grant of Easement, executed by Dalhousie, L.L.C.,
conveying to the City of Cape Girardeau, Missouri, an easement
for sanitary sewer improvements to serve the Highlands at
Dalhousie Phase III, in the City and County of Cape Girardeau,
Missouri, more particularly described as follows, to -wit:
THAT PART OF UNITED STATES PRIVATE SURVEY 193,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Easternmost corner of Lot 21 of The
Highlands at Dalhousie Phase 3, a subdivision on file
in the Land Records of Cape Girardeau County in Plat
Book 23 Page 06; thence with the Northwestern line of
said Lot North 510 26' 36" East, 6.50 feet; thence
leaving said line North 380 33' 24" West, 192.78 feet;
thence North 510 26' 36" West, 15.00 feet; thence
South 38' 33' 24" East; 192.78 feet, to a point on the
Northwestern line of said subdivision; thence North
51° 26' 36" East, 8.50 feet, to the point of beginning
and containing 2,892 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 cel DAY OF 20).
G
y B Knudtson, Mayor
b
BILL NO. 06-175 ORDINANCE NO.
AN ORDINANCE ACCEPTING A GRANT OF EASEMENT
FROM DALHOUSIE, L.L.C., FOR SANITARY SEWER
IMPROVEMENTS TO SERVE THE HIGHLANDS AT
DALHOUSIE PHASE III, IN THE CITY AND COUNTY
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 Grant of Easement, executed by Dalhousie, L.L.C.,
conveying to the City of Cape Girardeau, Missouri, an easement
for sanitary sewer improvements to serve the Highlands at
Dalhousie Phase III, in the City and County of Cape Girardeau,
Missouri, more particularly described as follows, to -wit:
THAT PART OF UNITED STATES PRIVATE SURVEY 193,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Easternmost corner of Lot 21 of The
Highlands at Dalhousie Phase 3, a subdivision on file
in the Land Records of Cape Girardeau County in Plat
Book 23 Page 06; thence with the Northwestern line of
said Lot North 510 26' 36" East, 6.50 feet; thence
leaving said line North 38' 33' 24" West, 192.78 feet;
thence North 510 26' 36" West, 15.00 feet; thence
South 38' 33' 24" East; 192.78 feet, to a point on the
Northwestern line of said subdivision; thence North
510 26' 36" East, 8.50 feet, to the point of beginning
and containing 2,892 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 '413- DAY OF s �� ,���� 20 : D.
etB Knudtson, Mayor
REG FEE:
PAGES: 5
JANET
RDk3ERT,recorder ofn rix !deeds, Cape Uir ardeau
aunty NO, certify that
h ` this document was fined
?t a a
for record at 11:13AM
andJ Official seal affixed
ackson, 1"AO• YJ {J/16/2006
JANET ROBERT
11111 _ f De ds
eputy
RECORDER OF DEEDS
COVER PAGE
Title of Document: Grant of Easement
Date of Document: August 10, 2006
Grantor(s) Name & Address: Dalhousie, L.L.C.
605 North Main Street
Cape Girardeau, Missouri 63701
Grantee(s) Name & Address: City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
Legal Description:
THAT PART OF UNITED STATES PRIVATE SURVEY 193, TOWNSHIP 30 NORTH,
RANGE 13 EST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Begin at the Easternmost corner of Lot 21 of The Highlands at Dalhousie Phase 3, a subdivision
on file in the Land Records of Cape Girardeau County in Plat Book 23 Page 06; thence with the
Northwestern line of said Lot North 51 ° 26' 36" East, 6.50 feet; thence leaving said line North
38 ° 33' 24" West, 192.78 feet; thence North 51 ° 26' 36" West, 15.00 feet; thence South 38 ° 33'
24" East; 192.78 feet, to a point on the Northwestern line of said subdivision; thence North 51 °
26' 36" East, 8.50 feet, to the point of beginning and containing 2,892 square feet, more or less.
Reference Book & Page, if Required:
GRANT OF EASEMENT
THIS INDENTURE, Made on the .ICU day of , 2006, by and
between DALHOUSIE, L.L.C., a Missouri Limited Liabi company, GRANTOR, of the
County of Cape Girardeau, in the State of Missouri, party of the First Part and CITY OF
CAPE GIRARDEAU, GRANTEE , of the County of Cape Girardeau, in the State of
Missouri, party of the Second Part (mailing address of said first named grantee is
WITNESSETH, That the said party of the First Part, in consideration of TEN
DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to be paid by the
said party of the Second Part, the receipt of which is hereby acknowledged, does by these
presents, REMISE, CONVEY, AND FOREVER QUIT -CLAIM, unto the said party of the
Second Part, a non-exclusive easement for the purposes of construction and maintenance
of Storm Sewer, over, upon and across land owned by Grantor, which shall run with the
land and this easement shall be recorded and shall be binding on the parties hereto, their
heirs, successors, assigns, and personal representatives, and is described in the legal
description attached hereto as Exhibit "A.
TO HAVE AND TO HOLD, the same with all Rights, Immunities, Privileges and
Appurtenances thereto belonging, unto the said party of the Second Part, and its
successors and assigns FOREVER, so that neither the said party of the First Part, nor
their successors and assigns, or any other person or entity, for them or in their names or
behalf, shall or will hereafter claim or demand any right, or title to the aforesaid premises,
or any part thereof, but they and everyone of them shall, by these presents be excluded
and forever barred.
IN WITNESS WHEREOF, the said party of the First Part has hereunto set their
hands the day and year first above written.
4;:'r
2
IN WITNESS WHEREOF, the Dalhousie, L.L.C, a Missouri limited liability
company, the said party of the first part has caused these presents to be signed by
its President, and attested by its Secretary, this the day of , 2006.
DALHOUSIE, L.L.C., f/k/a
PRESTWICK PLANTATION, L.L.C.
By: Its managing Member,
PRESTWICK G OUP: TD
ja JAs lim d Ila it company
S,/Cordell Dombrowski, President
ATTESTED:
Elizabeth A. Dombrowski, Secretary
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this � day of, 2006, before me personally appeared S.
Cordell Dombrowski, Preside and Elizabeth Ann Dombrowski, Secretary of
Prestwick Group, LTD, Managing Member of Dalhousie, L.L.C., (f/k/a Prestwick
Plantation, L.L.C.), to me personally known, who being duly sworn did say that they
are the President and Secretary of Prestwick Group, LTD, Managing Member of
Dalhousie, L.L.C., (f/k/a Prestwick Plantation, L.L.C.), a Missouri limited liability
company, that the said instrument was signed In behalf of said limited Liability
company by its Managing Member and the said S. Cordell Dombrowski and
Elizabeth Ann Dombrowski hereby acknowledge said instrument to be the free act
and deed of said limited liability company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
se at my offlce,,lp office,,'said county and state the day and year first above written.
4'uit ,f
Not Public
Y P��JACKLYN CLARK.OTTO
* ;NOTARY' : My Commission Expires
July 26, 200$
OF M15`? Cape Girardeau County
EXHIBIT "A"
THAT PART OF UNITED STATES PRIVATE SURVEY 193, TOWNSHIP 30 NORTH,
RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Begin at the Easternmost corner of Lot 21 of The Highlands at Dalhousie Phase 3, a
subdivision on file in the Land Records of Cape Girardeau County in Plat Book 23 Page
06; thence with the Northwestern line of said Lot North 51'26'36" East, 6.50 feet;
thence leaving said line North 38°33'24" West, 192.78 feet; thence North 51026'36"
West, 15.00 feet; thence South 38°33'24" East; 192.78 feet, to a point on the
Northwestern line of said subdivision; thence No, 51'26'36" East, 8.50 feet, to the
point of beginning and containing 2,892 square feet, more or less.
A110 8
.i�rcram.,
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\ 15 SANITARY SEWER EASEMENT
- 2,892 SQ FT
�S1N1 QP�Q��E
N518 6' E�
N511 '36"E
8.50 \ \
\ SANITARY SEWER
d
Dalhousie, L.L.C.
U.S.P.S. 193, City and County of Cape Girardeau, Missouri N GRAPHIC SCALE
c/o: Mark McDowell, Cape Girardeau, Mo 63701 - (573) 335-4257
DATE: 6-2-06 30 0 15 30
MOEN=
EASEMENT REXHIBIT ENGINEERING W E ( IN FEET
194 COKER LANE`
SANITARY SEWER CAPE GIRARDEAU, MO 63701 S inch = 30 ft.
(573) 335 - 3026