HomeMy WebLinkAboutOrd.2184.06-16-1997BILL NO. 97-109
ORDINANCE NO.
AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM
CAPE GIRARDEAU SCHOOL DISTRICT NO 63 FOR
LATERAL SEWER DISTRICT NO. 8-M
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 Easement,
executed by Cape Girardeau School District No. 63, conveying to the City of Cape Girardeau,
Missouri an easement for construction and maintenance of sanitary sewer lines in Lateral Sewer
District No. 8-M, to serve Forest Hills Estates, more particularly described as follows, to -wit:
A part of the west half of the southwest quarter of Fractional Section 29, Township 31
North, Range 14 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 being 15 feet wide lying 7.50 feet on each side of the following described
line: Commence at the northeast corner of the west half of the southwest quarter of
fractional section 29, said point being on the westerly right of way line of North Sprigg
Street; Thence along said right of way line the following courses and distances: S 04° 08'
20" E, 174.53 feet; Thence S 05° 50' 50" W, 552.27 feet; Thence S 12° 28' 52" E, 38.37 feet
to the True Point of Beginning; Thence leaving said right of way line S 57° 24' 50" W,
134.78 feet; Thence S 72° 05' 40" W, 351.38 feet; Thence S 55° 44' 09" W, 226.53 feet;
Thence S 55° 35126" W, 235.42 feet; Thence S 84° 01100" W, 326.08 feet to a point on the
westerly line of a tract of land as recorded in the land records of the county Recorder's
Office in book no. 258 at page no. 165, and there terminating.
The side lines of said easement being prolonged and shortened to terminate at the west
right of way line of North Sprigg Street and with the westerly line of said tract of land
recorded in book no. 258 at page no. 165.
ARTICLE 2. This ordinance shall be in full force and in effect ten days after its passage
and approval.
PASSED AND APPROVED THIS
ATTEST:
Jd- (, eq -0yA—
Gayle L. onrad
Deputy City Clerk
SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS: CAPE GIRARDEAU SCHOOL DISTRICT
NO. 63, of the County of Cape Girardeau, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, including the perspective benefits to
be derived by reason of the construction of a sanitary sewer line, on or near the below
described property, does hereby grant, bargain, sell and convey to the CITY OF CAPE
GIRARDEAU, MISSOURI, the right, privilege, permission and authority to enter on and
upon for the purposes herein stated, the lands owned by him located in the City and
County of Cape Girardeau, Missouri, and more particularly described as follows:
A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF FRACTIONAL
SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 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 being 15 feet wide lying 7.50 feet on each side of the following described
line:
Commencing at the northeast corner of the west half of the southwest quarter of fractional
section 29, said point being on the westerly right of way line of North Sprigg Street;
Thence along said right of way line the following courses and distances:
S 04° 08'20" E, 174.53 feet; Thence S 050 50' 50" W, 552.27 feet; Thence
S 120 28'52" E, 38.37 feet to the TRUE POINT OF BEGINNING; Thence leaving said right
of way line S 570 24'50" W, 134.78 feet; Thence S 720 0640" W, 351.38 feet; Thence
S 55° 44' 09" W, 226.53 feet; Thence S 55° 35' 26" W, 235.42 feet; Thence
S 84° 01'00" W, 326.08 feet to a point on the westerly line of a tract of land as recorded
in the land records of the County Recorder's Office in book no. 258 at page no. 165, and
there terminating.
The side Fines of said easement being prolonged and shortened to terminate at the west
right of way line of North Sprigg Street and with the westerly line of said tract of land
recorded in book no. 258 at page no. 165.
Said right, privilege permission and authority to enter on and upon said lands above
described is irrevocable and is granted 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 sanitary sewer line. This Easement shall never cease and
terminate unless specifically vacated by action of the City Council of Cape Girardeau,
Missouri.
The grantor named above convenants that it has the legal right of possession and
ownership of the above described property and has the legal right to execute this
easement.
IN WITNESS WHEREOF, the undersign have executed this easement this 16 Ae-
day of , 1997.
Dr, Ferrell Ervin, School Board President
ATTEST:
Dr
ephen C. Del Vecchio, DBA, CPA
STATE OF MISSOURI )
ss.
County of Cape Girardeau )
j
On this day of �, 1997, before me appeared Dr. Ferrell
Ervin, to me personally known, who, b ing by me duly sworn did say that he is the
President of the Board of Cape Girardeau School District No. 63 of Cape Girardeau,
Missouri, and that said instrument was sighed and sealed in behalf of said Board by the
authority of its Board of Directors, and acknowledged said instrument to be the free act
and deed of said Board.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal at my office the day and year first above written.
/i A - N - / t. /C�x
WA ) 6 1 �� tJ z
Notary Public
My commission expires: C
Martha E. Kondrad
Notary Publio—Notary Seal
STATE nE MISSOURI
Capo Girardeau County
My Commission Expires. Aug 6, 1998