Loading...
HomeMy WebLinkAboutRES.1215.12-02-1996 BILL NO. 96-340 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR EASEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR AN ACCESS ROAD FROM STATE HIGHWAY 177 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE l. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement for Easement with the Missouri Department of Natural Resources for an access road from State Highway 177 right of way along the Southeast property line. A copy of said Agreement is attached to this resolution and made a part hereof. PASSED AND ADOPTED THIS ''r.',�., DAY OF r,�,. ,'x.:d {��. , 19 � �' . � A. M. Spradling, II �, Mayor ATTEST: , . . � j�t � r�� �r ��(, �. G��yl�' L. Conrad `�` .�.' Deputy C ity C l erk ,�r;; r� y� x� r . , �" �.��' A'Iissouri Department of Natural Resources Solid Waste Management Program AGREEMENT FOR EASEMENT. - NOTICE AND COVENANT RUNNING WITH LAND . (Standard Form 4-11-96) � This Ageement made this _ day of , 19 96 , between the Missouri Department of Natural Resources,hercinafter called Depamnent and CITY OF CAPE GIRARDEAU > (insert name of landowmer) hereinafler called Owner,to satisfy the reqLirements of the Missouri Solid Waste Managemeni Law. WITNESSETH. Owner wishes to execute an��Ppm�nt for Easement Notice and Covenant Runnine N�th Land for a solid waste disposal area(hereinafter called Iandfill)on property ow�ned by owr►er in CAPE GIRARDEAU County, Missouri,and more fully descnbed 4s follows: (Insert detailed legal descnption, as per Deed conveying title) PART OF SECTIONS 15, 21 AND 22 AND PART OF US SURVEY 2276 IN TOWNSHIP 31 NORTH REiNGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN CAPE GIRARDEAU COUNTY, MISSOURI. MORE PARTICULARLY DESCRIBED IN THE ATTACffi�iiENT TO THIS FORM. O�vner has access to the above described landfill as follows: (Insert detailed legal description, as per Deed conveying title, and separately identifying access property not owned by landowner) ACCESS ROAD FROM STATE HIGHWAY 177 RIGHT OF WAY ALONG SOUTfiEAST PROPERTY LINE. NOW,THEREFORE, in consideration of the mutual covenants of the parties and other valuable consideration,receipt of which is hereby acimowledged,the Department and Owner agree as follows: 1. The Department has issued Solid Waste Disposal Area Operating Pernvt No. 103101 to CITY OF CAPE GIRARDEAU dated�RIL 28 19 76 , for (insert person(s)that permit is issued to) the operation of a landfill by Otimer [and S� ) � (insert name of operator,if different than Owner) compliance��ith the provisions pursuant to the Missouri Solid Waste Management Law. MO DNR Easement Form Page 2 2. The oti�ner hereby grants,bargains, sells and conveys to the Department, its agents, contractors,successors and assigns an easement in the landfill described above,together with ar�easement in the access property owned by landowner as descnbed above, to enter the landfill as necessary to complete work specified in the closure plan,or to monitor or maintain the site if specified in a post-closure plan,or to take remedial action during the post-closure period. "Closure plan", "post-closure plan", and"post-closure period" are defined pursuant to the Missouri Solid Waste Management Law and for the purpose of this agxm�nt are de�cribed in pe:mi:n�.i.m�e: 103101 . lf Lhe l�.^.�?�ill ;� arc:ssible^r�y through property not owned by landowner,the o��ner/operator should obtain a separate easement from the access property's owner(s) in favor of the Deparnnent for appropriate access. The Department will pro��de assistance if this is necessary. 3. This agreement,«�hen filed by the Owner«�th the Recorder of Deeds for CAPE GIRARDEAU County, Missouri,shall serve as notice that ihe property descnbed herein has been permitted as a solid waste disposal area and,that use of the property in any manner u�hich interferes ���th the closure and, «-here appropnate,post-closure plans filed�i�th the Departrnent is prohibited. 4. The owner,heirs, successors in title,personal representati��es and assigns shall not use the herein descnbed property in any manner which interferes�;ith any closure and/or post-closure plans which are filed w�th the Deparvnent. Further,the use of the herein descnbed property is subject to the Missoun Solid Waste Management Law and the rules promulgated thereunder. 5. Any restnction in this agreement on the use of the herein descnbed property is a covenant nuuiing with the land. . IN WITNESS WHEREOF,the pazties have hereunto set their hands the day and}�ear first abo��e tiTitten. OWNER MISSOURI DEPARTMENT OF NATURAL RESOURCES: Director Name: Title: MO DNR Easemen[ Form Page 3 Notary for O���ner: STATE OF MISSOURI ) � )ss - � COLTNTY OF ) On this day of . 19 96 , before me personally appeared ,to me 1:now to be the person descnbed in and who executed the foregoing instrument, and acirno«�ledged that they executed the same as their free act and deed. IN VITITNESS WHEREOF, I have hereunto set my hand and a�xed my o�cial seal in the County and State aforesaid,the day and}�ear first above�7itten. Notary Public Commission ir��E GIRARDEAUCa�ty. My Commission Expires: N��,rv for Missowi Department of Natural Resources STATE OF MISSOURI ) )ss COLJNTY OF COLE ) On this �ay cf u^:Lh�;�ear 1 S befcre r.�e, a Notary Public in and for the said state, personally appeared , Missoun Deparvnent of Natural Resources,lmown to me to be the person who executed the within document in behalf of the Department and aclrnowledged to me that he executed the same for the purposes therein stated. Notar}� Public Commissioned in County. My Commission Expues: c 71'S�25.2•t0a � Seci�on i2 �\ � � � � PROPER T'Y DESCRIP iION � Port of Sect�on; 15, 21 and 22 anA Part of U.S. Survey 2276 in Township 31 North, Range ta Eost of the Fiith Pr�ncipal Merid�an in \ Cope G�rardeau County, ��ssouri. I�ore particuiarly desc��bed as follows. Beg�n at a 8rass Cap Set �n Concrete at the Southwest Corner o( Section 15 having M.S.P.C. of N: 554644:886t E: 1113426.2404 feet; thence �Jorih 0 degrees, ? minutes, 31 seconds East, along the West L�ne of said Sectien t5, 951.72 feet to an Iron Pin in the South ��ne of U.S. Survey 2200 having M.S.P.C. ot N: 555596.5979 E: 1113428.3213 teet; thence Soulh 82 degrees, 45 minutes, 4 ^,econds Eost, aiong tne South line of said U.S. Survey 2200, 198.00 feet to an Iron P�n having M.S.F.C. of N: 5555?1.6143 E: 1113624.7388 feet; thence �eavinq sa�d South L�ne of U.S. Survey 2200, South t deg.ee, 20 minutes, 1 second West, along the Eost �ine of a Tract of Land as Recorded in Oook 785 on Page 878, 114.50 feet te an Iron Pin hav�ng M.S.P.C. o! N: 555457.1407 E: 1113622.0739 feet; thence South 66 degrees, 21 minutes, 9 seconds Eost, along o North Line of a Tract ol Land as Recorded in Book 793 on Poge 241, 850.55 �eet !.o an Iron Pin having �A.S.P.C. ot N: 555115.9795 E: 1714401.2038 fe.et; thence South 2.3 deqrees, 4 mirutes, 51 seconds East, alonq an F.ost Line ot said Troct ot Land as Recorded in Book 793 on Paye 241, 989.45 feet to an Iron Pin having I�.S.P.C. ot N: SS•12U5.7293 E: 1114789.1012 feet; thence South 16 degrees, 34 minutes, 45 seconds East, alonq on East Line of said Tract of Land as Recorded in Book 793 on Page 241, 510J8 feet to a po�nt ho�ng M.S.F.C. of N: 553716.7844 E: 1114g34.8473 teet, said po�nt also being North 30 degrees, 8 minutes, 25 secods F.ast, 8.17 feet from a� Iron Pin having M.S.P.C. co of N: 553709.1691 E: 1114930.7741 `eet; thence South 48 degrees, 33 minutes, 4 seconds East, 198.14 (ee! to an Iron Pin in the Southeost Line of U.S. Surv<_y 2276 hoving M.S.P.C. of N: 553585.0255 E: 1115083.3625 �eet; thence South 63 degrees, 16 m�nutes, a 44 seconds West, alonq the Southeasi Line oF said U.S. Survey 2276, 29.40 feet to an Iron Pin hav�ng M.S.P.C. o( N: 553577.8075 `� F. 1115057.1055 feet, sa�d Iron f'in olso being the most Northern Corner of a Tract of Lond os Recorded in Book 791 on Page 223, ol,o being North 63 degrees, 16 minutes, 44 seconds East, 378.70 teet from o 8rass Cap set �n Concrete hav�ng M.SP.C. of N: 553401.52i0 E: 111471B.8493 teet; thence South 1 degree, 51 minu;es, 48 seconds East, o�ong an Eost Line of said Troct of Lond as Recorded in Hook 791 on Paqe 223, 210.25 feet to an Iron Pin in the Northwest Right of Way to State Nighway 177 havinq M.S.�'.C. of N: 553361.6704 E: 1115063.9423 feet; thence South 39 degrees, 36 minutes, S seconds West, olong the Northwest Right of Yday to S!ote Highway 177, 22a.71 feet to an Iron Pin having M.S.P.C. af N: 553188.5278 E: 1114920J000 feet; thence South 86 degrees, 37 minutes, 22 seconds west, along a South L�ne of said Tract of Land os Recorded in Book 791 on Page 223, 268.62 teet to an Iron Pin having M.S.P.C. of N: 553172.7036 E: 1114652.5476 feet; thence South 63 degrees, 13 minutes, 27 seconds West, along a Southeost L�ne ot soid Tract of Land as Rocorded in Book 791 on Page 223, 374.59 feet to an Iron Pin hav�ng M.S.P.C. of N: 553003.9524 E' 1114318.1249 feet; thence North 42 degrees, 40 minutes, 44 seconds West, olong a Southwest �ine of said Tract o( Lond as Recorded in 800k 791 on Page 223, 181.94 feet to an Iron Pin in the Southeost Line of U.S. Survey 2276 having �I.S.P.C. of N: 55J137.7101 E: 1714194.7878 feet; thence South 63 degrees, 16 minutes, 44 seconds West, along the Southeast Line oF said U.S. Survey 2276, 279.98 fee! to a Stone having M.S.P.C. of N: 5530'1.8192 F: 1113944.7102 feet; thence South 0 deqrees, 28 minutes, 30 seconds West, 517.69 �ect to an Iron Pin having M.S.P.C. of N: 552494.1443 F: 1113°40.4194 feet; thence North 74 degrees, 49 minutes, 50 seconds Wes!, along a South Line o( a Tract of �and as Recorded �n Book 749 on Page 389, 221.29 feet to a pofnt having M.S.P.C. of N 552552.08?1 [: 7113726.8533 feet, sa�d point also being North 74 degrees, 49 minutes, 50 seconds West, 60.28 fee! from an Iron Pin having M.S.F'.C. of N: 552536.2948 E: 1t13785.0268 feet; thence P�orth 55 degrees, 14 m�nutes, 9 seconds West, a�ong a Southwest Line of ,oid Troct of �ond as Recorded in Book 749 on Poge 389, 132.13 feet to an Iron Pin havmg M.S.P.C. of N: 552627.4285 E: 1113E18.3065 feet; thence North 25 degrees, 21 minutes, 27 seconds West, olong o Southwest �ine of sa�d Tract of Land as Recorded !n 9ook 749 on Poge 389, 158.37 feet to an Iron Pin having M.S.P.C. of N: 552770.5446 E: 11t3550.4802 feet; thence North 63 degrees, �B minutes, 10 seconds West, along a Southwest Line of said Tract of �and as Recorded in Book 749 on Page 389, 143.49 Feet to an Iron Pin 1n the West Line of said Sectian 22 hovir.g M.S.P.C. of N: 552835.0129 E: 1173422.2831 feet; thence South 0 degrees, 7 minutes. 31 seconds West, along the East Line of said Sect�on 7_1, 12.13 feet to an Iron Pin having M.S.P.C. of N: 552822.8845 F- 1113422.25b6 feet, said Iron Pin also being South 0 degrees, 7 minutes, 31 seconds west, 12.47. feet from a Bross Cao Set �n Concrete having M.S.P.C. of N: 552A95.3036 E: 1113422.4149 feet; thence North 52 degrees, 29 minutes. 27 seco�ds West, oieng a South Line of a Tract of Land as P,ecorded in Boek 796 on Page 693. 110.50 feet to on Iron Pin having M.S.P.C. of N: 552890.1667 E: 1113334.6018 feet; thence North 73 degrees, 44 minutes, 27 seconds West, along a South �ine of soid Tract ot l.ond as Recorded in Book 795 on Poge 693, 116.43 feet to an Iron Pin having M.S.P.C. ot N: 552922.7651 E: 1713222.8284 feet; thence No�th 4 degrees, 19 minutes, 33 seconds East, a�ong a W'est Line of so�d Tract, 72.66 feet to an Iron Pin having M.S.P.C. of N: 552995.2216 E: !113228.3093 (eet; thence continuing North 4 degrees, 19 minutes, 33 seconds East, 437.53 feet to `� on Iron Pin hcving U.S.P.C. of PJ: 553431.5017 E: 1113261.3112 feei; thence North 74 degrees, 29 minutes, 24 seconds West, along o South Line o� sa�d Troct, 74.67 feet to an Iron Pin having M.S.P.C. of N: 553451.4689 E: 1713189.3604 feet; thence North 12 �' degrees, 8 minutes. 11 seconds West, along a Southwest �ine of said Troct, 198.32 feet to on Iron Pin hoving M.S.Y.C. of N: ? 553645.3564 E: 1113?4i.6657 fee!; thence �Jorth 51 degrees, 30 minutes, 42 seconds West. alonq a Southwest I_ine of said Tract, 0 158.39 feet lo an hon Pin havinq M.S.P.C. of N: 553743.9313 E: 1113023.6883 (eet; thence North 9 degrees, 17 minutes, 9 seconds - East, along a West Line of said Tract, 740.57 teet to on Iron Pin having M.S.P.C. of N: 5544'4.7966 E: 1113143.1865 feet; thence � North 5 degrees, 28 m:nutes, 21 seconds West, along a West Line of said Tract, 773.12 feel to an Iron Pin in the South Line of Section 16 naving M.S.P.C. ef N: 554647.1275 E: 1113126.6764 feet; thence South 89 degrees, 34 minutes, 13 seco�ds East, alonq the South l.�ne o� said Sect�on 16, also being the North Line of a Troct of I.and os Recorded in F3ook 796 on Page 693, 299.57 feet to the po�nt of beginning. Contoining 84.78 acres. Subject to eny eesements. restrictions or reservations of or not of record. � / �66�101 /�a6 / �: '� f' ��i 4�` 63'�' _ N 553�37.7�01 `� �' E �1tdt9s 7�?8 oQ � A � . � -�F, r� 6, '�� _�Zi QO �.�' �pL,A� � 6�� j��3 ' �py � , � 4'' `�� \ /! .„� `_ K' 'i,.