HomeMy WebLinkAboutOrd.5663.07-05-2023 BILL NO. 23-95 ORDINANCE NO. n (./r c23
AN ORDINANCE ACCEPTING A GENERAL WARRANTY
DEED FROM BROADVIEW COMMERCIAL PROPERTIES,
LLC, FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF NORTH BROADVIEW STREET AND
INDEPENDENCE STREET, 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, and agrees to accept, a General Warranty Deed from
Broadview- Commercial Properties, LLC, for property located at
the northwest corner of North Broadview Street and Independence
Street, described as follows :
PART OF LOT SIX (6) OF NOTHDURFT' S PARTITION AS RECORDED IN
PLAT BOOK 4 AT PAGE 46 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, PART OF LOT TWO (2) OF R.L.
STURDIVANT' S SUBDIVISION OF OUT LOT NOS . 58, 59, 81 AND
PART OF 60 AS RECORDED IN PLAT BOOK 2 AT PAGE 61 IN SAID
LAND RECORDS, AND PART OF VACATED NORTH BROADVIEW STREET
BETWEEN SAID PART OF LOT SIX (6) AND PART OF LOT TWO (2) ,
ALL IN -THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, CONTAINING 5, 562 SQUARE FEET (0. 13 ACRES) , MORE
OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6) ,
ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET, THENCE WITH SAID NORTH LINE, SOUTH
83°35' 19" EAST, 100 . 54 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE, NORTH 04°44' 33" EAST, 52 . 50
FEET; THENCE NORTH 24°00' 32" WEST, 112 . 36 FEET; THENCE
NORTH 58°43' 53" WEST, 25 . 11 FEET; THENCE SOUTH 79°19' 36"
EAST, 95 . 44 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF RELOCATED NORTH BROADVIEW STREET; THENCE WITH SAID WEST
LINE, SOUTH 06°29' 40" WEST, 152 . 91 FEET TO THE INTERSECTION
OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET; THENCE WITH SAID NORTH LINE, NORTH
83°15' 23" WEST, 13 . 75 FEET TO THE POINT OF BEGINNING.
SUBJECT TO A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE
CONSTRUCTION, MAINTENANCE, AND USE OF A PARKING LOT BY THE
GRANTOR, ITS SUCCESSORS AND ASSIGNS, AS FOLLOWS:
PART OF LOT SIX (6) OF NOTHDURFT' S PARTITION AS RECORDED IN
PLAT BOOK 4 AT PAGE 46 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, PART OF LOT TWO (2) OF R.L.
STURDIVANT' S SUBDIVISION OF OUT LOT NOS. 58, 59, 81 AND
PART OF 60 AS RECORDED IN PLAT BOOK 2 AT PAGE 61 IN SAID
LAND RECORDS, AND PART OF VACATED NORTH BROADVIEW STREET
BETWEEN SAID PART OF LOT SIX (6) AND PART OF LOT TWO (2) ,
ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, CONTAINING 1, 688 SQUARE FEET (0 . 04 ACRES) , MORE
OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6) ,
ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET; THENCE WITH SAID NORTH LINE, SOUTH
83°35' 19" EAST, 100 . 54 FEET; THENCE LEAVING SAID NORTH
LINE, NORTH 04°44' 33" EAST, 52 . 50 FEET; THENCE NORTH
24°00' 32" WEST, 86. 62 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 24°00' 32" WEST, 25 . 74 FEET; THENCE
NORTH 58°43' 53" WEST, 25 . 11 FEET; THENCE SOUTH 79°19' 36"
EAST, 80 . 40 FEET; THENCE 15 FEET FROM AND PARALLEL TO THE
WEST RIGHT--OF-WAY LINE OF RELOCATED NORTH BROADVIEW STREET,
SOUTH 06°29' 40" WEST, 30 . 08 FEET; THENCE NORTH 79°19' 36"
WEST, 44 . 44 FEET TO THE POINT OF BEGINNING.
AND
SUBJECT TO A PERPETUAL NON-EXCLUSIVE EASEMENT FOR ACCESS TO
A PERMANENT SIGN EASEMENT AS RECORDED IN DOCUMENT NO. IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, BY THE
GRANTOR, ITS SUCCESSORS AND ASSIGNS, AS FOLLOWS:
PART OF LOT TWO (2) OF R.L. STURDIVANT' S SUBDIVISION OF OUT
LOT NOS. 58, 59, 81 AND PART OF 60 AS RECORDED IN PLAT BOOK
2 AT PAGE 61 IN SAID LAND RECORDS, AND PART OF VACATED
NORTH BROADVIEW STREET BETWEEN LOT SIX (6) OF NOTHDURFT' S
PARTITION AS RECORDED IN PLAT BOOK 4 AT PAGE 46 IN SAID
LAND RECORDS AND SAID LOT TWO (2) OF R.L. STURDIVANT' S
SUBDIVISION, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI, CONTAINING 218 SQUARE FEET (0.005
ACRES) , MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6) ,
ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET; THENCE WITH SAID NORTH LINE, SOUTH
83°35' 19" EAST, 100 . 54 FEET; THENCE LEAVING SAID NORTH
LINE, NORTH 04°44' 33" EAST, 17 . 50 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 83°35' 19" EAST, 14 .29 FEET TO A
POINT ON THE WEST RIGHT-OF-WAY LINE OF RELOCATED NORTH
BROADVIEW STREET; THENCE WITH SAID WEST LINE, NORTH
06°29' 40" EAST, 14 . 99 FEET; THENCE LEAVING SAID WEST LINE,
NORTH 83°35' 19" WEST, 14 . 74 FEET; THENCE SOUTH 04°44' 33"
WEST, 15 . 00 FEET TO THE POINT OF BEGINNING.
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS j DAY OF 9, A, , 2023.
- C-J?Stacy Kinder, ay r
ATTEST:
-"prk - .4'\
Bruce. Tay or, Deputy City Clerk 1110( 0 'I
A-1,. --- Iya
% THE UNTO 4
RECORDER OF DEEDS
COVERPAGE
Title of Document: General Warranty Deed
I�PDIIIiIIIIIUVII,90!'�Id
DOCUMENT #
2023-05771
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
07/17/2023 12:50:45 PM
REC FEE: 39.00
PAGES: 6
Date of Document: June 2, 2023
Grantor(s) Name & Address: Broadview Commercial Properties, LLC
2832 Walden Boulevard
Cape Girardeau, MO 63701
Grantee(s) Name & Address: City of Cape Girardeau
44 North Lorimier Street
Cape Girardeau, MO 63701
Legal Description: See page 1 and 2.
Reference Book & Page, if Required:
GENERAL WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS: That BROADVIEW
COMMERCIAL PROPERTIES, LLC, a Missouri Limited Liability Company, of the
County of Cape Girardeau in the State of Missouri, GRANTOR, for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable consideration, to it paid by the CITY
OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri,
of the County of Cape Girardeau in the State of Missouri, GRANTEE, (mailing address of the
Grantee is: 44 North Lorimier Street, Cape Girardeau, Missouri 67301) the receipt whereof is
hereby acknowledged, does hereby GRANT, BARGAIN, SELL AND CONVEY unto the
Grantee, its successors and assigns, the following -described lots, tracts or parcels of land, lying
and being situate in the City and County of Cape Girardeau and State of Missouri, to -wit:
PART OF LOT SIX (6) OF NOTHDURFT'S PARTITION AS RECORDED IN
PLAT BOOK 4 AT PAGE 46 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, PART OF LOT TWO (2) OF R.L.
STURDIVANT'S SUBDIVISION OF OUT LOT NOS. 58, 59, 81 AND PART
OF 60 AS RECORDED IN PLAT BOOK 2 AT PAGE 61 IN SAID LAND
RECORDS, AND PART OF VACATED NORTH BROADVIEW STREET
BETWEEN SAID PART OF LOT SIX (6) AND PART OF LOT TWO (2), ALL
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, CONTAINING 5,562 SQUARE FEET (0.13 ACRES), MORE OR
LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6),
ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET, THENCE WITH SAID NORTH LINE, SOUTH
83035'19" EAST, 100.54 FEET TO THE POINT OF BEGINNING; THENCE
LEAVING SAID NORTH LINE, NORTH 04°44'33" EAST, 52.50 FEET;
THENCE NORTH 24000'32" WEST, 112.36 FEET; THENCE NORTH
58043'53" WEST, 25.11 FEET; THENCE SOUTH 79°19'36" EAST, 95.44
FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF RELOCATED
NORTH BROADVIEW STREET; THENCE WITH SAID WEST LINE, SOUTH
06029'40" WEST, 152.91 FEET TO THE INTERSECTION OF SAID WEST
LINE AND THE NORTH RIGHT-OF-WAY LINE OF INDEPENDENCE
STREET; THENCE WITH SAID NORTH LINE, NORTH 83015'23" WEST,
13.75 FEET TO THE POINT OF BEGINNING.
SUBJECT TO A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE
CONSTRUCTION, MAINTENANCE, AND USE OF A PARKING LOT BY
THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, AS FOLLOWS:
PART OF LOT SIX (6) OF NOTHDURFT'S PARTITION AS RECORDED IN
PLAT BOOK 4 AT PAGE 46 IN THE LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI, PART OF LOT TWO (2) OF
R.L. STURDIVANT'S SUBDIVISION OF OUT LOT NOS. 58, 59, 81 AND
PART OF 60 AS RECORDED IN PLAT BOOK 2 AT PAGE 61 IN SAID
LAND RECORDS, AND PART OF VACATED NORTH BROADVIEW
STREET BETWEEN SAID PART OF LOT SIX (6) AND PART OF LOT TWO
(2), ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, CONTAINING 1,688 SQUARE FEET (0.04 ACRES), MORE OR
LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6),
ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET; THENCE WITH SAID NORTH LINE, SOUTH
83035'19" EAST, 100.54 FEET; THENCE LEAVING SAID NORTH LINE,
NORTH 04044'33" EAST, 52.50 FEET; THENCE NORTH 24°00'32" WEST,
86.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 24000'32" WEST, 25.74 FEET; THENCE NORTH 58°43'53" WEST,
25.11 FEET; THENCE SOUTH 79°19'36" EAST, 80.40 FEET; THENCE 15
FEET FROM AND PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF
RELOCATED NORTH BROADVIEW STREET, SOUTH 06°29'40" WEST,
30.08 FEET; THENCE NORTH 79°19'36" WEST, 44.44 FEET TO THE POINT
OF BEGINNING.
SUBJECT TO A PERPETUAL NON-EXCLUSIVE EASEMENT FOR ACCESS
TO A PERMANENT SIGN EASEMENT AS RECORDED IN DOCUMENT
NO. 2023-05770 IN THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY, MISSOURI, BY THE GRANTOR, ITS SUCCESSORS AND
ASSIGNS, AS FOLLOWS:
PART OF LOT TWO (2) OF R.L. STURDIVANT'S SUBDIVISION OF OUT
LOT NOS. 58, 59, 81 AND PART OF 60 AS RECORDED IN PLAT BOOK 2
AT PAGE 61 IN SAID LAND RECORDS, AND PART OF VACATED NORTH
BROADVIEW STREET BETWEEN LOT SIX (6) OF NOTHDURFT'S
PARTITION AS RECORDED IN PLAT BOOK 4 AT PAGE 46 IN SAID LAND
RECORDS AND SAID LOT TWO (2) OF R.L. STURDIVANT'S
SUBDIVISION, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI, CONTAINING 218 SQUARE FEET (0.005 ACRES),
MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6),
ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
INDEPENDENCE STREET; THENCE WITH SAID NORTH LINE, SOUTH
83°35'19" EAST, 100.54 FEET; THENCE LEAVING SAID NORTH LINE,
NORTH 04044'33" EAST, 17.50 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 83035'19" EAST, 14.29 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF RELOCATED NORTH BROADVIEW STREET;
THENCE WITH SAID WEST LINE, NORTH 06°29'40" EAST, 14.99 FEET;
THENCE LEAVING SAID WEST LINE, NORTH 83°35'19" WEST, 14.74
FEET; THENCE SOUTH 04°44'33" WEST, 15.00 FEET TO THE POINT OF
BEGINNING.
TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances,
and immunities thereto belonging or in anywise appertaining unto the Grantee, and unto its
successors and assigns, FOREVER, the Grantor hereby covenanting that it is lawfully 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 encumbrances done or suffered by it or
those under whom it claims, EXCEPTING however taxes and assessments, general and special,
not now due and payable; zoning, occupancy and building ordinances, if any; easements and
restrictions of record; environmental protection laws and regulations; rights of the public in and
to parts thereof in streets, roads or alleys; and matters which might be disclosed by survey; and
that it will WARRANT AND DEFEND the title to the said premises unto the Grantee, and unto
its successors and assigns, FOREVER, against the lawful claims and demands of all persons
whomsoever.
(Continued on following page)
The undersigned covenants that it is the owner in fee simple of the above- described
property, and has the legal right to convey the same.
IN WITNESS WHEREOF, the Grantor has executed this General Warranty Deed on this
2'14 day of—Tone.- 12023.
BROADVIEW COMMERCIAL
PROPERTIES, LLC
G d W. Jone , r-anager
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this day of2023, before
me, the undersigned notary public, personally appeared Gerald W. Jones, II, Manager of
Broadview Commercial Properties, LLC, a Missouri Limited Liability Company, to me known
to be the person described in and who executed the foregoing instrument, and acknowledged that
he executed the same as the free act and deed of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in
the State and County aforesaid, the date first above written.
a'�'d C, P-atlm—
Signature
Printed Name
M Commission Expires: CAROLA.PETERS
Y P NOTARY PUBLIC - NOTARY SEAL
STATE OF MISSOURI
MY COMMISSION EXPIRES NOVEMBER 19. 2024
CAPE GIRARDEAU COUNTY
COMMISSION #12684121
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