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HomeMy WebLinkAboutOrd.5771.08-19-2024 BILL NO. 24-79 ORDINANCE NO. 5 / 7/ AN ORDINANCE REPEALING ORDINANCE NO. 5666, AND REPLACING IT BY ACCEPTING THREE PERMANENT UTILITY EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR ALLEY RIGHT OF WAY BETWEEN SOUTH PARK AVENUE AND SOUTH WEST END BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . Ordinance Number 5666, passed and approved July 5th, 2023, entitled, "An ordinance accepting permanent utility easements from various property owners for a portion of a vacated alley right of way between South Park Avenue and South West End Boulevard", is�tthereby repealed in its entirety. ARTICLE 2 . The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, three (3) Permanent Utility Easements from various property owners, in the City of Cape Girardeau, Missouri, more particularly described as follows : 20 S West End Blvd from Christopher S . Eakin and Melinda S. Eakin, husband and wife That part of a vacated 16 foot-wide Alley in Block Five (5) of West End Place 2nd Addition as recorded in Plat Book 2, at Page 13 and the South Half (S of the Missouri Pacific Railroad Right of Way, now Abandoned, abutting the Alley, all being in Out Lot 26 of Survey 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Southeast corner of Lot 7, Block 5 of West End Place 2nd Addition, said corner also being a point in the West line of a platted north-south 16 foot wide alley, now vacated, through Block 5; thence run Northeasterly along the West line of said vacated alley, 3 feet to the Point of Beginning; thence continuing in a Northeasterly direction along the West line of the platted alley now vacated, said line also being the East line of said Lot 7, Block 5; thence continuing Northeasterly along the prolongation of said East line of Lot 7 through the south half of the now abandoned Missouri Pacific Railroad to a point, said point being the intersection of the 1 prolongation line of Lot 7 and the Centerline of the now abandoned railroad right of way; thence in a Northeasterly direction along the Centerline of the now abandoned railroad right of way, crossing from the West line of the vacated alley to the intersecting point of the abandoned railroad centerline and the centerline of the vacated alley; thence in a Southwesterly direction along the centerline of the vacated alley to a point on said alley centerline that is 3 feet north of the prolongation of the South line of Lot 7, Block 5; thence in a Northwesterly direction, parallel to and 3 feet north of the prolongation of the South line of Lot 7 to a point in the West line of the platted and now vacated 16 foot alley, said point being 3 feet North of the Southeast corner of Lot 7, Block 5, and the Point of Beginning. 35 S Park Ave from M. Allen Investments, LLC, a Missouri Limited Liability Company That part of a vacated 16 foot-wide Alley in Block Five (5) of West End Place 2nd Addition as recorded in Plat Book 2, at Page 13 in Out Lot 26 of Survey 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Northwest corner of Lot 8, Block 5 of West End Place 2nd Addition, said corner being a point in the East line of a now vacated platted north-south Alley in Block 5 of said subdivision; thence in a Northeasterly direction departing from the Northwest corner of said Lot 8 and running along the East line of said vacated alley, also being the West line of Lot 6, Block 5 of said subdivision to a point 12 feet North of the Southwest corner of said Lot 6, said point being the same point as the Northwest corner of a tract of land recorded in Document number 2022- 06113, said point being the Point of Beginning; Thence in a Northwesterly direction, parallel to and 12 feet north of the prolongation of the said Lot 6 South line, crossing from the East line of the now vacated alley to the Centerline of said vacated Alley; thence in a southwesterly direction along the centerline of the vacated Alley to an intersecting point that is 3 foot north of the prolongation of the South line of Lot 8 with the now vacated alley centerline; thence in a Southeasterly direction, parallel to and 3 feet North of the prolongation of the South line 2 of Lot 8 to a point that is in the West line of Lot 8 and being 3 feet north of the Southwest corner of Lot 8, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2022-06113; thence in a Northeasterly direction along the West line of Lots 8 and 6, and being the same line as the East line of the now vacated portion of an alley in Block 5, to the Point of Beginning. 17 S Park Ave from Parks Legacy Investments LLC, a Missouri Limited Liability Company That part of a vacated 16 foot-wide Alley in Block Five (5) of West End Place 2nd Addition as recorded in Plat Book 2, at Page 13 and the South Half (S 4) of the Missouri Pacific Railroad Right of Way, now Abandoned, abutting the Alley, all being in Out Lot 26 of Survey 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Southwest corner of Lot 6, Block 5 of West End Place 2nd Addition; thence Northeasterly along the West line of said Lot 6, being the same line as the East line of a now vacated portion of the platted North-South Alley in Block 5, to a point 12 feet North of the Southwest corner of said Lot 6, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2014-10187 and being the Point of Beginning; Thence in a Northeasterly direction with the West line of Lot 6 and the prolongation of said West line of Lot 6 through the South Half of the now abandoned Missouri Pacific Railroad to a point, said point being the intersection of the prolongation of the West line of Lot 6 and the Centerline of the now abandoned railroad right of way and also being the Northwest corner of a tract of land recorded in Document number 2014-10187; thence in a Southwesterly direction along the Centerline of the now abandoned railroad right of way to an intersecting point of the Centerline of the railroad with the Centerline of the now vacated Alley in Block 5; thence in a Southwesterly direction along the Centerline of the now vacated Alley to an intersecting point that is 12 foot North of the prolongation of the South line of Lot 6 with the now vacated Alley Centerline; thence in a Southeasterly direction, parallel to and 12 feet North of the prolongation of the South line of Lot 6, to a point that is 3 in the West line of Lot 6 and being 12 feet North of the . Southwest corner of Lot 6, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2014-10187 and being the Point of Beginning. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval: PASSED AND APPROVED THIS /9 DAY OF Ag, A , 2024 . . , 0 . Stacy Ki .e , ' ayor ATTEST: ' • 4g40.1,t - ' / . Bruce Tay 4e, Deputy City Clerk . , . V o ✓ 14" }f ' .0 "fp!' "m‘ 1. 0.4Ni. iiiii". cit ,,tom,, PP0 `Crs 4 Legal Description Easement over Vacated Alley part of Block 5 of West End 2"d Addition 17 S Park Ave Parks Legacy Investments LLC That part of a vacated 16 foot-wide Alley in Block Five (5) of West End Place 2"d Addition as recorded in Plat Book 2, at Page 13 and the South Half (S 1/2) of the Missouri Pacific Railroad Right of Way, now Abandoned, abutting the Alley, all being in Out Lot 26 of Survey 2199,Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Southwest corner of Lot 6, Block 5 of West End Place 2nd Addition;thence Northeasterly along the West line of said Lot 6, being the same line as the East line of a now vacated portion of the platted North-South Alley in Block 5,to a point 12 feet North of the Southwest corner of said Lot 6, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2014- 10187 and being the Point of Beginning; Thence in a Northeasterly direction with the West line of Lot 6 and the prolongation of said West line of Lot 6 through the South Half of the now abandoned Missouri Pacific Railroad to a point,said point being the intersection of the prolongation of the West line of Lot 6 and the Centerline of the now abandoned railroad right of way and also being the Northwest corner of a tract of land recorded in Document number 2014-10187; thence in a Southwesterly direction along the Centerline of the now abandoned railroad right of way to an intersecting point of the Centerline of the railroad with the Centerline of the now vacated Alley in Block 5;thence in a Southwesterly direction along the Centerline of the now vacated Alley to an intersecting point that is 12 foot North of the prolongation of the South line of Lot 6 with the now vacated Alley Centerline; thence in a Southeasterly direction, parallel to and 12 feet North of the prolongation of the South line of Lot 6,to a point that is in the West line of Lot 6 and being 12 feet North of the Southwest corner of Lot 6, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2014-10187 and being the Point of Beginning. Legal Description Easement over Vacated Alley part of Block 5 of West End 2"d Addition 35 S Park Ave from M.Allen Investments, LLC, a Missouri Limited Liability Company That part of a vacated 16 foot-wide Alley in Block Five (5) of West End Place 2nd Addition as recorded in Plat Book 2,at Page 13 in Out Lot 26 of Survey 2199,Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Northwest corner of Lot 8, Block 5 of West End Place 2"d Addition, said corner being a point in the East line of a now vacated platted north-south Alley in Block 5 of said subdivision;thence in a Northeasterly direction departing from the Northwest corner of said Lot 8 and running along the East line of said vacated alley, also being the West line of Lot 6,Block 5 of said subdivision to a point 12 feet North of the Southwest corner of said Lot 6, said point being the same point as the Northwest corner of a tract of land recorded in Document number 2022-06113,said point being the Point of Beginning; Thence in a Northwesterly direction, parallel to and 12 feet north of the prolongation of the said Lot 6 South line, crossing from the East line of the now vacated alley to the Centerline of said vacated Alley; thence in a southwesterly direction along the centerline of the vacated Alley to an intersecting point that is 3 foot north of the prolongation of the South line of Lot 8 with the now vacated alley centerline; thence in a Southeasterly direction, parallel to and 3 feet North of the prolongation of the South line of Lot 8 to a point that is in the West line of Lot 8 and being 3 feet north of the Southwest corner of Lot 8, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2022-06113; thence in a Northeasterly direction along the West line of Lots 8 and 6, and being the same line as the East line of the now vacated portion of an alley in Block 5,to the Point of Beginning. Legal Description Easement over Vacated Alley part of Block 5 of West End 2nd Addition 20 S West End Blvd from : Christopher S.Eakin and Melinda S.Eakin, husband and wife That part of a vacated 16 foot-wide Alley in Block Five (5) of West End Place 2"d Addition as recorded in Plat Book 2, at Page 13 and the South Half (S %z) of the Missouri Pacific Railroad Right of Way, now Abandoned, abutting the Alley, all being in Out Lot 26 of Survey 2199,Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Southeast corner of Lot 7, Block 5 of West End Place 2"d Addition,said corner also being a point in the West line of a platted north-south 16 foot wide alley, now vacated,through Block 5;thence run Northeasterly along the West line of said vacated alley, 3 feet to the Point of Beginning; thence continuing in a Northeasterly direction along the West line of the platted alley now vacated,said line also being the East line of said Lot 7, Block 5;thence continuing Northeasterly along the prolongation of said East line of Lot 7 through the south half of the now abandoned Missouri Pacific Railroad to a point, said point being the intersection of the prolongation line of Lot 7 and the Centerline of the now abandoned railroad right of way; thence in a Northeasterly direction along the Centerline of the now abandoned railroad right of way, crossing from the West line of the vacated alley to the intersecting point of the abandoned railroad centerline and the centerline of the vacated alley;thence in a Southwesterly direction along the centerline of the vacated alley to a point on said alley centerline that is 3 feet north of the prolongation of the South line of Lot 7, Block 5;thence in a Northwesterly direction, parallel to and 3 feet north of the prolongation of the South line of Lot 7 to a point in the West line of the platted and now vacated 16 foot alley,said point being 3 feet North of the Southeast corner of Lot 7, Block 5, and the Point of Beginning. Title of Document: Date of Document: Grantor(s) Name and Address: Grantee(s) Name and Address Legal Description: RECORDER OF DEEDS COVER PAGE Permanent Utility Easement at 17 S Park Ave May 10, 2024 Parks Legacy Investments LLC 17 S Park Ave. Cape Girardeau, MO 63703 City of Cape Girardeau 44. N. Lorimier St. Cape Girardeau, MO 63701 See following Page eRecorded DOCUMENT # 2024-07058 DAVIDANDREW BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED 09/10/2024 10:34:46 AM REC FEE: 00 PAGES: 4 Reference Book & Page, if required: Doc 2024-02316 & Doc 2024-07036 PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: Parks Legacy Investments LLC, a Missouri Limited Liability Company, 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 of the State of Missouri, 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: That part of a vacated 16 foot -wide Alley in Block Five (5) of West End Place 2" d Addition as recorded in Plat Book 2, at Page 13 and the South Half (S 1/2) of the Missouri Pacific Railroad Right of Way, now Abandoned, abutting the Alley, all being in Out Lot 26 of Survey 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Southwest corner of Lot 6, Block 5 of West End Place 2" d Addition; thence Northeasterly along the West line of said Lot 6, being the same line as the East line of a now vacated portion of the platted North-South Alley in Block 5, to a point 12 feet North of the Southwest corner of said Lot 6, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2014-10187 and being the Point of Beginning; Thence in a Northeasterly direction with the West line of Lot 6 and the prolongation of said West line of Lot 6 through the South Half of the now abandoned Missouri Pacific Railroad to a point, said point being the intersection of the prolongation of the West line of Lot 6 and the Centerline of the now abandoned railroad right of way and also being the Northwest corner of a tract of land recorded in Document number 2014-10187; thence in a Southwesterly direction along the Centerline of the now abandoned railroad right of way to an intersecting point of the Centerline of the railroad with the Centerline of the now vacated Alley in Block 5; thence in a Southwesterly direction along the Centerline of the now vacated Alley to an intersecting point that is 12 foot North of the prolongation of the South line of Lot 6 with the now vacated Alley Centerline; thence in a Southeasterly direction, parallel to and 12 feet North of the prolongation of the South line of Lot 6, to a point that is in the West line of Lot 6 and being 12 feet North of the Southwest corner of Lot 6, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2014-10187 and being the Point of Beginning. Said right, privilege, permission, and authority to enter on and upon the above described property is granted for the purpose of enabling the City as well as its agents, servants, and assigns to use said property to excavate, build, construct, operate, maintain, and repair certain improvements in, on, upon, or across said property, together with all of the useful, necessary, and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission, and authority herein granted are perpetual and shall run with the land. 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. IN WITNESS WHEREOF, the undersigned has executed this Permanent Utility Easement on this j0+hday of A & —,2024—. /r Sig' atuW Printed', Managing Member STATE OF MISSOURI ) )SS. COUNTY OF CAPE GIRARDEAU ) On this IL)ff) day of F2i i - n I Parks Legacy Investments LLC 1) Y)l L� pawjo S'`�gnatur� �1 r Printed 1 -ne, Managing Member 20q, personally appeared before me, Managing Member/s of Parks Legacy -Investments LLC, a Missouri Limited Liability Company, to me known to be the person/s described in and who executed the within instrument on behalf of said limited liability company and acknowledged that he/she/they have the authority to execute the same as the free act and deed for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. r_ m ®� NOTARY ® ®0 PUBLICLUAD o u NOTARY ®g I , of ry Public gnature COMMISSION (P ®® �, #13502930Po �W m�®o ®® F not "0 Notary PublicjPrinted Name My Commission Expires: CITY'OfPE 8 Ft Easement over Vacated Alley in � � F2 A F? � E A 41 Block 5, West End Place 2nd Addition 47 • Q► a L M a RM LEGEND Area of Subdivision 0 25 50 Feet 1:469 Interest Lot Lines I I I I I I Date: 911 012 02 4 CITY F9.IaF6RDofF Parcel CreatedbyDevelopment Services pk; vCidddPbyCdaLp r.rd—atobeus«fr ulaVacated Teres aHefner AllanceWaler Res Data Source(s): ce(s) ources rod ngawandm be —m— lhea—anottobusedforaI ny Al ley ClyofCpe Girardeau Government , MO mgi.-n.g—&,ic.pm,—. Title of Document: Date of Document: Grantor(s) Name and Address: Grantee(s) Name and Address Legal Description: RECORDER OF DEEDS COVER PAGE Permanent Utility Easement at 35 S Park Ave May 3, 2024 M. Allen Investments, LLC 35 S Park Ave, Cape Girardeau, MO 63703 City of Cape Girardeau 44. N. Lorimier St. Cape Girardeau, MO 63701 See following Page eRecorded DOCUMENT # 2024-07059 DAVIDANDREW BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED 09/10/2024 10:34:47 AM REC FEE: 00 PAGES: 4 Reference Book & Page, if required: Doc 2022-06113 & Doc 2024-07036 PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: M. Allen Investments, LLC, a Missouri Limited Liability Company, 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 of the State of Missouri, 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: That part of a vacated 16 foot -wide Alley in Block Five (5) of West End Place 2nd Addition as recorded in Plat Book 2, at Page 13 in Out Lot 26 of Survey 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Northwest corner of Lot 8, Block 5 of West End Place 2nd Addition, said corner being a point in the East line of a now vacated platted north -south Alley in Block 5 of said subdivision; thence in a Northeasterly direction departing from the Northwest corner of said Lot 8 and running along the East line of said vacated alley, also being the West line of Lot 6, Block 5 of said subdivision to a point 12 feet North of the Southwest corner of said Lot 6, said point being the same point as the Northwest corner of a tract of land recorded in Document number 2022-06113, said point being the Point of Beginning; Thence in a Northwesterly direction, parallel to and 12 feet north of the prolongation of the said Lot 6 South line, crossing from the East line of the now vacated alley to the Centerline of said vacated Alley; thence in a southwesterly direction along the centerline of the vacated Alley to an intersecting point that is 3 foot north of the prolongation of the South line of Lot 8 with the now vacated alley centerline; thence in a Southeasterly direction, parallel to and 3 feet North of the prolongation of the South line of Lot 8 to a point that is in the West line of Lot 8 and being 3 feet north of the Southwest corner of Lot 8, said point also being the same as the Southwest corner of a tract of land recorded in Document number 2022-06113; thence in a Northeasterly direction along the West line of Lots 8 and 6, and being the same line as the East line of the now vacated portion of an alley in Block 5, to the Point of Beginning. Said right, privilege, permission, and authority to enter on and upon the above described property is granted for the purpose of enabling the City as well as its agents, servants, and assigns to use said property to excavate, build, construct, operate, maintain, and repair certain improvements in, on, upon, or across said property, together with all of the useful, necessary, and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission, and authority herein granted are perpetual and shall run with the land. 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. IN WITNESS WHEREOF, the undersigned has executed Viis Permanent Utility Easement on this - day of , 20_o�y. M. Allen Investments, LLC 7 Signature: 14, 1 Printed Name & Title STATE OF MISSOURI ) ) SS. COUNTY_ OF CAPE_ GIRARDEAU ) 10n this ay of20 b , �4, personally appeared before me, of M. Allen Investments, LLC, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she has the authority to execute the same as the free act and deed of said M. Allen Investments, LLC for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. Axnanda_ L. McEinney Notary r'ublic-Notary Seal STAI'EP OF MISSOURI ;nrr �issicaed for Cape Girardeau r, orAnMssionExpires:3/3/2026 II 4 145x;193 My Commission Expires: 131 a�. CITY'OfPE 8 Ft Easement over Vacated Alley in � � F2 A F? � E A 41 Block 5, West End Place 2nd Addition 37 • • 47 N 0 W E S 0 25 50 Fe et 1:46 9 11 1 1 1 1 1 1 I Date: 911 012 02 4 r.irr k;'raar r iFnanrui layers provided by She City of Cape Created by: Development Ser Cvrard—are to be usml for visual aid.,Ay Teresa Heifner, A lliance Water Res ources and are not gauranteed m be —m— Data e curateDala Source (s): 'Ihes a lay—are votto b e used for avy Clyof Cape Girardeau Government, MO ®gineeringordesignpuryose. Title of Document: Date of Document: Grantor(s) Name and Address: Grantee(s) Name and Address Legal Description: RECORDER OF DEEDS COVER PAGE Permanent Utility Easement at 20 S West End Blvd July 10, 2024 eRecorded DOCUMENT # 2024-07060 DAVIDANDREW BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED 09/10/2024 10:34:48 AM REC FEE: 00 PAGES: 4 Christopher S. and Melinda S. Eakin, husband and wife 20 S West End Blvd Cape Girardeau, MO 63703 City of Cape Girardeau 44. N. Lorimier St. Cape Girardeau, MO 63701 See following Page Reference Book & Page, if required: Doc 2024-00995 & Doc 2024-07036 PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: Christopher S. Eakin and Melinda S. Eakin, husband and wife, 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 of the State of Missouri, 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: That part of a vacated 16 foot -wide Alley in Block Five (5) of West End Place 2nd Addition as recorded in Plat Book 2, at Page 13 and the South Half (S 1/2) of the Missouri Pacific Railroad Right of Way, now Abandoned, abutting the Alley, all being in Out Lot 26 of Survey 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in the County of Cape Girardeau County, Missouri and being more fully described as the following: Commence at the Southeast corner of Lot 7, Block 5 of West End Place 2nd Addition, said corner also being a point in the West line of a platted north -south 16 foot wide alley, now vacated, through Block 5; thence run Northeasterly along the West line of said vacated alley, 3 feet to the Point of Beginning; thence continuing in a Northeasterly direction along the West line of the platted alley now vacated, said line also being the East line of said Lot 7, Block 5; thence continuing Northeasterly along the prolongation of said East line of Lot 7 through the south half of the now abandoned Missouri Pacific Railroad to a point, said point being the intersection of the prolongation line of Lot 7 and the Centerline of the now abandoned railroad right of way; thence in a Northeasterly direction along the Centerline of the now abandoned railroad right of way, crossing from the West line of the vacated alley to the intersecting point of the abandoned railroad centerline and the centerline of the vacated alley; thence in a Southwesterly direction along the centerline of the vacated alley to a point on said alley centerline that is 3 feet north of the prolongation of the South line of Lot 7, Block 5; thence in a Northwesterly direction, parallel to and 3 feet north of the prolongation of the South line of Lot 7 to a point in the West line of the platted and now vacated 16 foot alley, said point being 3 feet North of the Southeast corner of Lot 7, Block 5, and the Point of Beginning. Said right, privilege, permission, and authority to enter on and upon the above described property is granted for the purpose of enabling the City as well as its agents, servants, and assigns to use said property to excavate, build, construct, operate, maintain, and repair certain improvements in, on, upon, or across said property, together with all of the useful, necessary, and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission, and authority herein granted are perpetual and shall run with the land. 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. IN WITNESS WHEREOF, the undersigned has executed this Permanent Utility Easement on this /' day of �.;�� t% -'20 '-Christopher S. Eakin LA 1 Melinda S. Eakin STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of j�� 20, personally appeared before me, Christopher S. Eakin and elinda S. Eakin, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they have the authority to execute the same as a free act and deed for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. 1 , ,.,.,.� r ✓`- __— MARK C O N R A D Notary Public, Notary Seal Notary Public Signature State of Missouri Cape Girardeau County Commission # 07039455 f `� My Commission Expires 04-04.2028 j Notary Public Printed Name j6 V 'r° t f My Commission Expires: /C .f� N K9M ITfCAPE 8 Ft Easement over Vacated Alley in � � F2 A F? � E A 41 Block 5, West End Place 2nd Addition 44 • LEGEND Area of Subdivision Interest Lot Lines Vacated Parcel Alley 0 25 50 Fe et 1:469 Date: 911 012 02 4 r.irr k;'raar r iFnanrui layers providedby She City of Cape Created by: Development Services Grard—are to be usml for visual aidordy Teres a Hefner A llance Water Res ources and are not gauranteed m be — m -Data Source(s) 'Ihesalzy— are vottobeused for avy Clyof Cape Girardeau Government, MO mgrneenngordes�gn puryose.