HomeMy WebLinkAboutOrd.5671.07-24-2023 BILL NO. 23-111 ORDINANCE NO. 51f11
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
A SPECIAL WARRANTY DEED TO THE MARY ANN AND
BERT J. KELLERMAN FOUNDATION, FOR PROPERTY
LOCATED AT 401 INDEPENDENCE STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, on May 1, 2023, the City Council of the City of Cape
Girardeau, Missouri, voted unanimously to accept an offer from The
Mary Ann and Bert J. Kellerman Foundation to purchase the property
located at 401 Independence Street; and
WHEREAS, The Kellerman Foundation plans to preserve the
historic building located on said property and to use it for
displaying significant collections and providing space for research
and historic preservation activities; and
WHEREAS, said building is in need of immediate repair which is
necessary for its preservation; and
WHEREAS, as part of this conveyance, The Kellerman Foundation
will grant to the City permanent easements for utilities, storm
sewers, and stormwater detention on the property; and
WHEREAS, this conveyance is necessary for the immediate
preservation of the property.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council hereby finds that the sale of said
property to The Mary Ann and Bert J. Kellerman Foundation is in the
best interest of the City, and is necessary for the immediate
preservation of the property.
ARTICLE 2 . The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri is hereby authorized to execute a Special
Warranty Deed to The Mary Ann and Bert J. Kellerman Foundation for
property located at 401 Independence Street, in the City of Cape
Girardeau, Missouri, more particularly described as follows:
ALL OF LOTS 13, 14, 15, AND 16, PART OF LOT 11, AND A VACATED
PART OF SOUTH FOUNTAIN STREET, ALL IN RANGE "B" IN THE CITY OF
CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 16; THENCE RUN
EASTERLY ALONG THE SOUTH LINE OF INDEPENDENCE STREET, SOUTH
83°45' 41" EAST, 395. 44 FEET; THENCE SOUTHERLY, PARALLEL TO THE
EAST LINE OF SAID LOT 13, SOUTH 06°11 ' 26" WEST, 251 . 39 FEET;
THENCE SOUTH 84°03 ' 37" EAST, 160 . 42 FEET; THENCE SOUTH
05°59 ' 08" WEST, 205. 88 FEET; THENCE WESTERLY ALONG THE NORTH
LINE OF PRIMARILY UNIMPROVED MERRIWETHER STREET, NORTH
83°45 ' 20" WEST, 556. 59 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 15; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID LOTS 15
AND 16, NORTH 06°11 ' 22" EAST, 456. 38 FEET TO THE POINT OF
BEGINNING AND CONTAINING 4 . 90 ACRES, MORE OR LESS.
ARTICLE 3 . As part of this conveyance, The Mary Ann and Bert
J. Kellerman Foundation will grant to the City the following
easements, more particularly described as follows :
NEW UTILITY EASEMENT 1
BEGIN AT THE NORTHWEST CORNER OF LOT 16 IN RANGE "B" IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, THENCE SOUTH 83°45 ' 41" EAST,
395. 44 FEET; THENCE SOUTH 06°11 ' 26" WEST, 10 . 00 FEET; THENCE
PARALLEL TO THE SOUTH LINE OF INDEPENDENCE STREET, NORTH
83°45 ' 41" WEST, 395 . 44 FEET; THENCE ALONG THE WEST LINE OF
SAID LOT 16, NORTH 06°11 ' 22" EAST, 10 . 00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 3, 954 SQUARE FEET, MORE OR LESS .
NEW UTILITY EASEMENT 2
COMMENCE AT THE NORTHWEST CORNER OF LOT 16 IN RANGE "B" IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, THENCE SOUTH 83°45 ' 41" EAST,
395 . 44 FEET TO THE POINT OF BEGINNING; THENCE SOUTHERLY,
PARALLEL TO THE EAST LINE OF LOT 13 IN RANGE "B" IN THE CITY
OF CAPE GIRARDEAU, MISSOURI, SOUTH 06°11 ' 26" WEST, 141. 38
FEET; THENCE NORTH 83°48 ' 34" WEST, 20 . 00 FEET; THENCE
NORTHERLY, PARALLEL TO THE EAST LINE OF SAID LOT 13, NORTH
06°11 ' 26" EAST, 141 . 38 FEET; THENCE SOUTH 83°45 ' 41" EAST,
20 . 00 FEET TO THE POINT OF BEGINNING AND CONTAINING 2, 827
SQUARE FEET, MORE OR LESS .
NEW UTILITY AND STORM SEWER EASEMENT
COMMENCE AT THE NORTHWEST CORNER OF LOT 16 IN RANGE "B" IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, THENCE RUN EASTERLY ALONG
THE SOUTH LINE OF INDEPENDENCE STREET, SOUTH 83°45 ' 41" EAST,
395 . 44 FEET; THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF
LOT 13 IN RANGE "B" IN THE CITY OF CAPE GIRARDEAU, MISSOURI,
SOUTH 06°11 ' 26" WEST, 251. 39 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 84 °03 ' 37" EAST, 25 . 00 FEET; THENCE SOUTH
05°50 ' 37" WEST, 118 . 94 FEET; THENCE SOUTH 00°35 ' 40" EAST,
86. 85 FEET; THENCE NORTH 83°45 ' 20" WEST, 25 . 18 FEET; THENCE
NORTH 00°35 ' 40" WEST, 85 .20 FEET; THENCE NORTH 05°50 '27" EAST,
120 . 44 FEET TO THE POINT OF BEGINNING AND CONTAINING 5, 143
SQUARE FEET, MORE OR LESS.
2
Y a
NEW STORMWATER DETENTION EASEMENT
BEGIN AT THE SOUTHWEST CORNER OF LOT 15 IN RANGE "B" IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, THENCE NORTH 06°11'22" EAST,
231. 09 FEET; THENCE SOUTH 39°10 ' 03" EAST, 50 . 13 FEET; THENCE
SOUTH 04°38 ' 39" WEST, 77 . 99 FEET; THENCE SOUTH 34°26' 02" EAST,
155. 51 FEET; THENCE ALONG THE SOUTH LINE OF SAID LOT 15, NORTH
83°45 ' 20" WEST, 139 . 02 FEET TO THE POINT OF BEGINNING AND
CONTAINING 13, 915 SQUARE FEET, MORE OR LESS.
NEW STORM SEWER EASEMENT
COMMENCE AT THE SOUTHWEST CORNER OF LOT 15 IN RANGE "B" IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, THENCE NORTH 06°11' 22" EAST,
283. 47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH
06°11 ' 22" EAST, 29 . 41 FEET; THENCE SOUTH 36°39 ' 05" EAST,
427 . 09 FEET; THENCE NORTH 83°45 ' 20" WEST, 27 . 30 FEET; THENCE
NORTH 36°39 ' 05" WEST, 386. 94 FEET TO THE POINT OF BEGINNING
AND CONTAINING 8, 140 SQUARE FEET, MORE OR LESS.
ARTICLE 4 . Pursuant to Section 3. 15 (a) of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of property. Accordingly, this ordinance will take
effect immediately upon its passage and approval .
PASSED AND APPROVED THIS 24th DAY OF July , 2023 .
T)
StacyKi d , Mayor
ATTEST:
Ab &foot
ayle�Conrad, City Clerk
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RECORDER OF DEEDS
COVER PAGE
Title of Document: Special Warranty Deed
Date of Document: u2(1 , 2023
Grantor's Name and Address: City of Cape Girardeau, Missouri
44 North Lorimier Street
Cape Girardeau, MO 63701
Grantee's Name and Address: The Mary Ann and Bert J. Kellerman Foundation
102 N. Main Street
Cape Girardeau, MO 63701
Legal Description:
ALL OF LOTS 13, 14, 15, AND 16, PART OF LOT 11, AND A VACATED PART OF
SOUTH FOUNTAIN STREET, ALL IN RANGE "B" IN THE CITY OF CAPE GIRARDEAU,
MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 16; THENCE RUN
EASTERLY ALONG THE SOUTH LINE OF INDEPENDENCE STREET, SOUTH 83°45'41"
EAST, 395.44 FEET; THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF SAID
LOT 13, SOUTH 06°11'26" WEST, 251.39 FEET; THENCE SOUTH 84°03'37" EAST, 160.42
FEET; THENCE SOUTH 05°59'08"WEST, 205.88 FEET; THENCE WESTERLY ALONG THE
NORTH LINE OF PRIMARILY UNIMPROVED MERRIWETHER STREET, NORTH
83°45'20" WEST, 556.59 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE
NORTHERLY, ALONG THE WEST LINE OF SAID LOTS 15 AND 16, NORTH 06°11'22"
EAST, 456.38 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.90 ACRES,
MORE OR LESS.
Reference: BK 329 PG 305 and BK 554 PG 348
SPECIAL WARRANTY DEED
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,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 MARY ANN AND BERT J. KELLERMAN
FOUNDATION, a non-profit corporation, of.the County of Cape Girardeau in the State of`
Missouri, GRANTEE (mailing address of the Grantee is: 102 N. Main Street, Cape Girardeau,
Missouri 63701,the receipt whereof is hereby acknowledged, and by virtue and pursuance of an
ORDINANCE OF THE CITY COUNCIL OF SAID CITY, does by these presents, 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:
ALL OF LOTS 13, 14, 15, AND 16, PART OF LOT 11, AND A VACATED PART OF
SOUTH FOUNTAIN STREET, ALL IN RANGE "B" IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 16; THENCE RUN
EASTERLY ALONG THE SOUTH LINE OF INDEPENDENCE STREET, SOUTH
83°45'41" EAST, 395.44 FEET; THENCE SOUTHERLY, PARALLEL TO THE EAST
LINE OF SAID LOT 13, SOUTH 06°1126" WEST, 251.39 FEET; THENCE SOUTH
84°03'37" EAST, 160.42 FEET; THENCE SOUTH 05°59'08" WEST, 205.88 FEET;
THENCE WESTERLY ALONG THE NORTH LINE OF PRIMARILY UNIMPROVED
MERRIWETHER STREET, NORTH 83°45'20" WEST, 556.59 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTHERLY, ALONG THE
WEST LINE OF SAID LOTS 15 AND 16, NORTH 06°11'22" EAST, 456.38 FEET TO
THE POINT OF BEGINNING AND CONTAINING 4.90 ACRES,MORE OR LESS.
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 the above-
described premises are free and clear of all encumbrances done or suffered by the Grantor, and
that it will Warrant and Defend the title to the said premises unto the Grantee and its successors
and assigns, FOREVER, against the lawful claims of all persons claiming through the Grantor.
(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 Special Warranty Deed on this
v day of Tit I / ,2023.
CITY OF CAPE GIRARDEAU,MISSOURI
Stacy Kinde , Aix
ATTEST: :4
410. Atorikf'xiolo
etAppwat
o City Clerk ���f �jco
STATE OF MISSOURI ) '
) SS.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this L1L?y of L AF , 2023, before
me, the undersigned notary public, personally appeared Stacy Ki4Hier, Tor of the City of Cape
Girardeau,Missouri, a Municipal Corporation organized and exig ng un.?- e laws of the State
of Missouri, to me known to be the person described in and who r xecuted the foregoing
instrument, and acknowledged that the foregoing instrument was signed and 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. .0'
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Printed ame
My Commission Expires:
f3U Amanda
Notary .Notary
Seal
STATE OF MISSOURI
Commissioned for Cape Girardeau
My Commission Expires:3/3/2026
ID#14583193