HomeMy WebLinkAboutOrd.5736.03-04-2024 BILL NO. 24-22 ORDINANCE NO. 51250
AN ORDINANCE ACCEPTING A PERMANENT WATER
LINE DRAINAGE EASEMENT FOR PROPERTY LOCATED
AT 4150 THOUSAND OAKS LANE, 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 Permanent Water Line Drainage
Easement from The Revocable Trust Agreement of Jerad Busch and
Heather Busch, dated January 19, 2017, in the City of Cape
Girardeau, Missouri, described as follows :
A PART OF FRACTIONAL SECTION 3, TOWNSHIP 31 NORTH, RANGE 13
EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT A STONE (FOUND) AT THE NORTHWEST CORNER,
FRACTIONAL SECTION 10; THENCE S 04° 53 ' 43" W, 70 . 00 FEET
ALONG THE EAST LINE OF U. S. P. S . NO. 790 TO A 3/4" IRON ROD
(FOUND) ON THE NORTH LINE OF A TRACT OF LAND RECORDED IN
DOCUMENT NO. 2021-05757 OF THE LAND RECORDS OF THE COUNTY
RECORDER' S OFFICE; THENCE S 88° 28 ' 27" E, 862 . 92 FEET
ALONG SAID NORTH LINE TO A 1/2" IRON PIN (FOUND) AT THE
SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT
NO. 2015-04873; THENCE N 01° 31 ' 47" E, 158 . 72 FEET ALONG
THE EAST LINE OF SAID TRACT TO THE POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID EAST LINE, N 01° 31 ' 47" E,
50 . 00 FEET TO A 1/2" IRON PIN (FOUND) AT THE SOUTHEAST
CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT NO. 2020-
04746; THENCE N 01° 29' 30" E, 328 .28 FEET ALONG THE EAST
LINE OF SAID TRACT; THENCE LEAVING SAID EAST LINE, N 40°
48 ' 48" E, 69. 85 FEET TO THE SOUTH RIGHT OF WAY LINE OF
LASALLE AVENUE; THENCE S 71° 56' 13" E, 32 . 53 FEET ALONG
SAID SOUTH RIGHT OF WAY LINE; THENCE S 40° 48 ' 48" W, 71. 71
FEET; THENCE S 01° 29' 30" W, 317 . 57 FEET; THENCE S 01° 31 '
47" W, 50 . 01 FEET; THENCE N 88° 28 ' 13" W, 30. 00 FEET TO
THE POINT OF BEGINNING CONTAINING 0 . 31 ACRES, MORE OR LESS.
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval.
1
PASSED AND APPROVED THIS 1th DAY OF /ha r / , 2023.
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Stacy Ki e , yor
ATTEST:
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Gay14 . Conrad, City Clerk
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2121 Megan Drive
44` Bowen vwwar.is n ng3 rex e0
N ,41. ENGINEERING & SURVEYING
Incorporated
DESCRIPTION - 30' UTILITY EASEMENT
A PART OF FRACTIONAL SECTION 3, TOWNSHIP 31 NORTH, RANGE 13
EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE (FOUND) AT THE NORTHWEST CORNER,
FRACTIONAL SECTION 10; THENCE S 04° 53 ' 43" W, 70 . 00 FEET
ALONG THE EAST LINE OF U. S . P. S . NO. 790 TO A 3/4" IRON ROD
(FOUND) ON THE NORTH LINE OF A TRACT OF LAND RECORDED IN
DOCUMENT NO. 2021-05757 OF THE LAND RECORDS OF THE
COUNTY RECORDER' S OFFICE; THENCE S 88° 28 ' 27" E, 862 . 92 FEET
ALONG SAID NORTH LINE TO A 1/2" IRON PIN (FOUND) AT THE
SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT NO.
2015-04873; THENCE N 01° 31 ' 47" E, 158 . 72 FEET ALONG THE EAST
LINE OF SAID TRACT TO THE POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID EAST LINE, N 01° 31 ' 47" E, 50 . 00
FEET TO A 1/2" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF A
TRACT OF LAND RECORDED IN DOCUMENT NO. 2020-04746; THENCE
N 01° 29' 30" E, 328 . 28 FEET ALONG THE EAST LINE OF SAID
TRACT; THENCE LEAVING SAID EAST LINE, N 40° 48 ' 48" E,
69. 85 FEET TO THE SOUTH RIGHT OF WAY LINE OF LASALLE AVENUE;
THENCE S 71° 56' 13" E, 32 . 53 FEET ALONG SAID SOUTH RIGHT OF
WAY LINE; THENCE S 40° 48 ' 48" W, 71 . 71 FEET; THENCE
S 01° 29' 30" W, 317 . 57 FEET; THENCE S 01° 31 ' 47" W, 50 . 01
FEET; THENCE N 88° 28 ' 13" W, 30. 00 FEET TO THE POINT OF
BEGINNING CONTAINING 0. 31 ACRES, MORE OR LESS .
Consulting Civil Engineers Land Surveyors Testing Laboratories
PERMANENT WATER LINE DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS: The Revocable Trust Agreement of
Jerad Busch and Heather Busch,dated January 19,2017, in consideration of the sum
of One Dollar($1.00) and other good and valuable consideration,the receipt of which is
hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE
GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the "City",the
right,privilege,permission and authority to enter on and upon the following described
property which is solely owned by the undersigned located in the City and County of
Cape Girardeau, Missouri, to-wit:
A PART OF FRACTIONAL SECTION 3, TOWNSHIP 31 NORTH, RANGE
13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE(FOUND)AT THE NORTHWEST CORNER,
FRACTIONAL SECTION 10; THENCE S 04° 53'43" W, 70.00 FEET
ALONG THE EAST LINE OF U.S.P.S.NO. 790 TO A 3/4" IRON ROD
(FOUND) ON THE NORTH LINE OF A TRACT OF LAND RECORDED IN
DOCUMENT NO. 2021-05757 OF THE LAND RECORDS OF THE
COUNTY RECORDER'S OFFICE; THENCE S 88°28'27" E, 862.92 FEET
ALONG SAID NORTH LINE TO A 1/2" IRON PIN(FOUND)AT THE
SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN
DOCUMENT NO. 2015-04873; THENCE N 01°31'47" E, 158.72 FEET
ALONG THE EAST LINE OF SAID TRACT TO THE POINT OF
BEGINNING:
THENCE CONTINUING ALONG SAID EAST LINE,N 01°31'47" E, 50.00
FEET TO A 1/2" IRON PIN(FOUND)AT THE SOUTHEAST CORNER OF
A TRACT OF LAND RECORDED IN DOCUMENT NO. 2020-04746;
THENCE N 01°29' 30" E, 328.28 FEET ALONG THE EAST LINE OF SAID
TRACT; THENCE LEAVING SAID EAST LINE,N 40°48'48" E, 69.85
FEET TO THE SOUTH RIGHT OF WAY LINE OF LASALLE AVENUE;
THENCE S 71°56' 13" E, 32.53 FEET ALONG SAID SOUTH RIGHT OF
WAY LINE; THENCE S 40°48'48" W, 71.71 FEET; THENCE S 01°29' 30"
W, 317.57 FEET; THENCE S 01°31'47" W, 50.01 FEET; THENCE N 88°28'
13" W, 30.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.31
ACRES, MORE OR LESS.
Said right, privilege, permission and authority to enter in and upon said property
above described is granted for the purpose of enabling the City, its agents, servants and
assigns,to use said property for the management of a water line for tank drainage and for the
purpose of enabling the City of Cape Girardeau,Missouri, its agents, servants and assigns to
excavate, build,maintain, construct, operate, and repair said utilities from time to time,
in, on,upon,or across said described property,together with all the useful, necessary and
proper adjuncts, appurtenances,manholes, and appliances in connection therewith. This
easement and the right,privilege,permission and authority herein granted is perpetual
and shall run with the land.
This license and the covenants herein contained shall run with the land and inure to and
be binding upon the successors,heirs and assigns of the respective parties.
The undersigned covenant that he/she is the owner in fee simple of the above
described property and has the legal right to convey same.
, N WITNE S WHEREOF, the undersigned has executed ' == e nt
tla.is
Jr_"` day of (fbrda.'i'' ,20® 3 .
Jera R//icli, Tr - ee
•
STATE OF /41.5.5-00r, )
) ss.
COUNTY OF6rvailarieati )
BE IT REMEMBERED, that on this 9 day of Oraini , 20 v73
b foree, the �1 undersigned notary public, personally appeared
Jo �yan 4i4Se ,who being by me duly sworn,did state that he/she is the
authorized'representative for The Revocable Trust Agreement of Jerad Busch and Heather
Busch dated January 19, 2017, and that the within instrument was executed on behalf of
said Trust, and acknowledged that he/she has executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal,the date last above written /
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Notary Public ti N Ry Seal ,(0
ape Girarceau COJJ $Y'Slow or-missou;
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Notary Printed Name
My Commission expires:
07/064490?5