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HomeMy WebLinkAboutOrd.5777.09-16-2024 BILL NO. 24-87 ORDINANCE NO. 617 '7 7 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM DIEBOLD FAMILY REV. TRUST/SCHMIDT VOLUNTARY TRUST, FOR PROPERTY LOCATED AT 1930 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 for property located at 1930 Independence Street from Diebold Family Rev. Trust/Schmidt Voluntary Trust, a Missouri Trust, described as follows: TRACT FOR RIGHT-OF-WAY ALL OF THAT PART OF LOT 18 OF ROBERT STURDIVANT' S SUBDIVISION OF OUTLOTS 58-59 & 81 AND PART OF 60 OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found cut cross mark on the South line of Independence Street on the most North-Westerly corner of Lot 1 of Galleria Plaza Subdivision, said subdivision being recorded in the land records of Cape Girardeau County, Missouri, in Document 2014-05149; thence with said South line of Independence Street, South 85°48' 06" East, 53. 39 feet; thence South 83°39' 18" East, 303 .77 feet; thence leaving said South line of Independence Street, North 06°20' 42" East, 52 . 88 feet to the intersection point of the North line of Independence St and the East line of Clark St, the Point of Beginning; thence with said East line of Clark St, North 07°07' 31" East, 20. 00 feet; thence leaving said East line of Clark St, South 49°27' 27" East, 35. 94 feet to a point on said North line of Independence St; thence with said North line of Independence St, North 83°16' 06" West, 30. 00 feet to the Point of Beginning and containing 300 sq. ft. , more or less, as shown in the accompanying exhibit. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS /O DAY OF Sec+elyser , 2024 . 4 Stacy Ei22e , ay £ ATTEST: ©� . . Cf \ . / / / . y Io} ' )i i1 I0 w%" \ g21 Gayl\ :£. Conrad, City Clerk “Py m. #f \7 © ash M/\ , } t �2\ .�� -�r � ( ( eRecorded DOCUMENT # 2024-07689 DAVIDANDREW BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED 10/01/2024 08:31:01 AM REC FEE: 00 PAGES: 4 RECORDER OF DEEDS COVER PAGE Title of Document: GENERAL WARRANTY DEED Date of Document: July 15, 2024 Grantor(s) Name & Address: Diebold Family Rev. Trust, dated Nov. 21, 2017 Melvin H. Schmidt Voluntary Trust of Sept. 13, 1995 1930 Independence St Cape Girardeau, MO 63703 Grantee(s) Name & Address: City of Cape Girardeau 44 N Lorimier Street Cape Girardeau, MO 63701 Legal Description: ALL OF THAT PART OF LOT 18 OF ROBERT STURDIVANT' S SUBDIVISION OF OUTLOTS 58-59 & 81 AND PART OF 60 OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found cut cross mark on the South line of Independence Street on the most North -Westerly corner of Lot 1 of Galleria Plaza Subdivision, said subdivision being recorded in the land records of Cape Girardeau County, Missouri, in Document 2014-05149; thence with said South line of Independence Street, South 85°48'06" East, 53.39 feet; thence South 83'39'18" East, 303.77 feet; thence leaving said South line of Independence Street, North 06°20'42" East, 52.88 feet to the intersection point of the North line of Independence St and the East line of Clark St, the Point of Beginning; thence with said East line of Clark St, North 07°07'31" East, 20.00 feet; thence leaving said East line of Clark St, South 49027'27" East, 35.94 feet to a point on said North line of Independence St; thence with said North line of Independence St, North 83016'06" West, 30.00 feet to the Point of Beginning and containing 300 sq. ft., more or less, as shown in the accompanying exhibit. Reference Book & Page: Doc. # 2007-03010 & Doc. # 2017-13096 GENERAL WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: That Diebold Family Rev. Trust/Schmidt Voluntary Trust, a Missouri Trust, of the County of Cape Girardeau in the State of Missouri, GRANTOR, for and in consideration of the sum of Two Thousand Four Hundred Dollars ($2,400.00) 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: PARCEL 16 RIGHT-OF-WAY ALL OF THAT PART OF LOT 18 OF ROBERT STURDIVANT'S SUBDIVISION OF OUTLOTS 58-59 & 81 AND PART OF 60 OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND CUT CROSS MARK ON THE SOUTH LINE OF INDEPENDENCE STREET ON THE MOST NORTH-WESTERLY CORNER OF LOT 1 OF GALLERIA PLAZA SUBDIVISION, SAID SUBDIVISION BEING RECORDED IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT 2014-05149; THENCE WITH SAID SOUTH LINE OF INDEPENDENCE STREET, SOUTH 85048'06" EAST, 53.39 FEET; THENCE SOUTH 83039'18" EAST, 303.77 FEET; THENCE LEAVING SAID SOUTH LINE OF INDEPENDENCE STREET, NORTH 06020'42" EAST, 52.88 FEET TO THE INTERSECTION POINT OF THE NORTH LINE OF INDEPENDENCE ST AND THE EAST LINE OF CLARK ST, THE POINT OF BEGINNING; THENCE WITH SAID EAST LINE OF CLARK ST, NORTH 07°07'31" EAST, 20.00 FEET; THENCE LEAVING SAID EAST LINE OF CLARK ST, SOUTH 49027'27" EAST, 35.94 FEET TO A POINT ON SAID NORTH LINE OF INDEPENDENCE ST; THENCE WITH SAID NORTH LINE OF INDEPENDENCE ST, NORTH 83016'06" WEST, 30.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 300 SQ. FT., MORE OR LESS, AS SHOWN IN THE ACCOMPANYING EXHIBIT. 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. q IN WITN . SS WHEREOF, the Grantor has executed this General Warranty Deed on this "day of LIJ, , 2024. Diebold Family Rev. Trust/Schmidt Voluntary Trust Lawrence Diebold Melvin SAunidt STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this /5 J/,M-ay of 1t) , 2024, before me, the undersigned notary public, personally appeared Lawrence Nebold and Melvin Sclunidt, Grantors of Diebold Family Rev. Trust/Schmidt Voluntary Trust, a Missouri Trust, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Trust. 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. Si KRISTINA A JOHNSON (j Notary Public - Notary Seal Cape Girardeau County • State of Missouri Printed Name Commission Number 19074692 My Commission Expires May 30, 2027 My Commission Expires: -� U O co m o -i `(DG a 0. ii uu:C �nmQ (D m Iz 111 S rn © 3 m I I N 3? r Iw I rnMM m J� r , o o � A v � _I I I I GAG) 3 y I I N o I I In r I ' 3P$a oo og3 PPP a 1 To �Z A� m° 1 a rn c -1 _ —�-- AErZ �9 #fid 3 o Y F 3 a c< a I A s g w I 4��ne 3 �w sJ 11 I� � o E; o' yon ~OD.cmoi 3� o N ' m R mo0a M'. 3 ga N3 T iso �s Ns est INDEPENDENCE STREET RM EXHIBIT DATE: 5/19/2021 FOR THE CITY OF CAPE GIRARDEAU, MO CIO: THE LOCHMUELLER GROUP MKOEHLER ENGINEERING AND LAND SURVEYING, INC. DRAWING CMI Erylwetlrgentl Burveylnp 6eMwu ROWEXHIBIT 1 ofA 1 KE PROJECT #37505