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HomeMy WebLinkAboutOrd.5665.07-05-2023 BILL NO. 23-97 ORDINANCE NO. 5626,5 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT SIGN EASEMENT TO BROADVIEW COMMERCIAL PROPERTIES, LLC, FOR PROPERTY LOCATED WEST OF AND ADJACENT TO 39 AND 45 NORTH BROADVIEW 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 authorizes the Mayor to execute a Permanent Sign Easement to Broadview Commercial Properties, LLC, for property located west of and adjacent to 39 and 45 North Broadview Street, in the City of Cape Girardeau, Missouri, described as follows : Permanent Sign Easement PART OF VACATED NORTH BROADVIEW STREET BETWEEN 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 AND 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, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 224 . 83 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 NORTH 83°35' 19" WEST, 15. 00 FEET; THENCE NORTH 04°44' 33" EAST, 15. 00 FEET; THENCE SOUTH 83°35' 19" EAST, 15 . 00 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. 1 PASSED AND APPROVED THIS .5 DAY OF , 2023. 6' Stacy Ki e , ayor ATTEST: fi Bruce Tayldt, Deputy City Clerk ; O ���, m tis t ,4 4F 2 Title of Document: Date of Document: Grantor(s) Name & Address: RECORDER OF DEEDS COVER PAGE Permanent Sign Easement July 12, 2023 City of Cape Girardeau 44 North Lorimier Street Cape Girardeau, MO 63701 Docl .83651 DOCUMENT # 2023-05770 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 07117/2023 12:50:44 PM REC FEE: 33.00 PAGES: 4 Grantee(s) Name & Address: Broadview Commercial Properties, LLC 2832 Walden Boulevard Cape Girardeau, MO 63701 Legal Description: See legal description on page 1 of easement document Reference Book & Page, if Required: PERMANENT SIGN EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation organized and existing under the laws of the State of Missouri, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does by these presents, Grant, Bargain, Sell and Convey to BROADVIEW COMMERCIAL PROPERTIES, LLC, a Missouri Limited Liability Company, a permanent sign easement on, over, and across the following -described property, which is solely owned by the undersigned and located in the City and County of Cape Girardeau, State of Missouri, to wit: PART OF VACATED NORTH BROADVIEW STREET BETWEEN 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 AND 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, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 224.83 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 83035'19" EAST, 100.54 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 04044'33" EAST, 17.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83035'19" WEST, 15.00 FEET; THENCE NORTH 04°44'33" EAST, 15.00 FEET; THENCE SOUTH 83°35'19" EAST, 15.00 FEET; THENCE SOUTH 04044'33" WEST, 15.00 FEET TO THE POINT OF BEGINNING. Said easement is granted for the purpose of enabling Broadview Commercial Properties, LLC, its successors and assigns, to use the above-described easement area for the construction, maintenance, and display of an off -premises freestanding sign, together with all of the useful, necessary, and proper adjuncts, appurtenances, and appliances in connection therewith. Said easement is perpetual and shall run with the land. No sign shall be allowed within said casement without prior approval by the City including, but not limited to, permits and a License and Indemnity Agreement. (Continued on followingpage) 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. WITNESS WH EOF, the Grantor has executed this Permanent Sign Easement on this _PV flay of , 2023. T I ATTEST: A.,,, %A�(- l? t (,1/ City Clerk STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU ) I 1 BE IT REMEMBERED, that on this day of me, the undersigned notary public, personally appeared Stacy Girardeau, Missouri, a Municipal Corporation organized and CITY OF CAPE GIRARDEAU ISSOURI Stacy Kinder, ay _, 2023, before the City of Cape laws of the State of Missouri, to me known to be the person described in and who txcuted the foregoing instrument, and acknowledged that the foregoing instrument was signed kAd sealed on behalf of said City by authority of its City Council, and acknowledged that she executed the same as the free act and deed of said City. 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. My Commission Expires: ~ JAM uda L. 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