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HomeMy WebLinkAboutRES.1152.03-04-1996 BILL NO. 96-96 RESOLUTION NO. 1 { ���:�, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH RED OAK ESTATES, L.C. FOR A UTILITY EASEMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Easement Agreement with Red Oak Estates, L.C. for a Utility Easement. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS � i DAY OF �'�%`�e r'.��1/.C..' , lg �", � . Sp oling, III, or ATTEST: .;' : - 4# < ,�{' .�k_t�'y� �.y J(''�L Gayle `L. Conrad Deputy City Clerk . . � � EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made, entered into and delivered this�day of r�� , One Thousand Nine Hundred and Ninety-Six (1996) by and between RED OAK ESTATES, L.C.,a Missouri Limited Liability Company of Cape Girardeau County, Missouri, Party of the First Part, and the CITY OF CAPE GIRARDEAU, MISSOURI of Cape Girardeau Coun[y, Missouri, Party of the Second Part, the mailing address of the Party of[he Second Part being City of Cape Girardeau, Missouri, City Hall, 401 Independence St.,Cape Girardeau, MO 63701. WITNESSETH, the said Party of the First Part, in consideration of the sum of TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, to it paid by the said Party of the Second Part, the receipt of which is hereby acknowledged, does by [hese presents, grant unto the said Party of the Second Part, its successors and assigns, an non-exclusive, permanent easement for utilities over and across t;e following described lots, tracts or parcels of land, lying, being and situate in Cape Girardeau County, Missouri, and more particularly described as follows, to-wit: The North 15 feet of Lot Numbered Seven (7) in Block Numbered One (1) of Haddock Subdivision, Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 5 at Page 16, Land Records of Cape Girardeau County, Missouri. This Easement Agreement grants and conveys to the Party of the Second Part the same 15 feet utility easement along the north side of Lot 7 which had been reserved to the Party of the First Part in a General Warranty Deed dated March 20, 1995 by and between Red Oak Estates, L.C.and John J.Yallaly and Barbara J.Yallaly, his wife and recorded in the Office of the Recorder of Deeds for Cape Girardeau County, Missouri in Book 747 at Page 526. Further, Par[y of the First Part reserves unto itself a non-exclusive, permanent easement for utility purposes over and across the above-described real property. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the righ[s, privileges, appurtenances and immunities thereto belonging or in anywise appertaining un[o the said Party of the First and the Party of the Second Part, and unto their successors and assigns. IN WITNESS WHEREOF, the said Party of the First Part and the Party of the Second Part have hereunto set i[s hands the day and year first above written. RED OAKS ESTATES, L.C., a Missouri Limited Liability Company B . i� � � �arry McC ey, anaging Membe CITY OF CAPE GIRARDEAU, MISSOURI B y: � �