HomeMy WebLinkAboutOrd.5818.2025-02-03 BILL NO. 25-10 ORDINANCE NO. J Sls
AN ORDINANCE ACCEPTING A PERMANENT WATER LINE
EASEMENT FOR PROPERTIES LOCATED AT 151 - 159
SOUTH MOUNT AUBURN ROAD, 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 Easement
from Midamerica Hotels Corporation and James L. Drury and Wanda
L. Drury Revocable Real Estate Trust Dated February 22, 1994 for
properties located at 151 - 159 South Mount Auburn Road, in the
City of Cape Girardeau, Missouri, described as follows :
All of that part of Outlot Number 84 of United States
Private Survey Number 2199, and all of that part of United
States Private Survey Number 3090, in Township 30 North,
Range 13 East of the Fifth Principal Meridian, in the City
and County of Cape Girardeau, and more particularly
described as follows :
Commence at a round '�" diameter iron rod on the southeast
corner of Lot #2 of Physicians Alliance Subdivision, as
recorded in Plat Book 2 at Page 31, in the Land Records of
Cape Girardeau County; thence South 04°40' 32" West, 27 . 03
feet to the point of beginning; thence South 85°19' 28"
East, 239 . 92 feet to a point on the west line of Mt.
Auburn Road, thence with said west line, South 04041148"
West, 25 . 01 feet; thence leaving said west line, North
85°18' 12" West, 18 . 84 feet; thence North .04040' 32" East,
5 . 00 feet; thence North 85019128" West, 348 . 52 feet;
thence South 04' 41' 58" West, 197 . 97 feet; thence South
85016137" East, 13 . 81 feet; thence south 04043' 23" West,
20 . 00 feet; thence North 85016137" West, 40 . 78 feet;
thence South 49043' 35" West, 28 . 48 feet; thence North
72001' 25" West, 57 . 79 feet; thence North 84°46' 26" West,
34 . 57 feet; thence South 48043' 34" West, 39 . 94 feet;
thence North 85021132" West, 243 . 78 feet; to a point on
the east line of Farrar Drive, thence with said east line
of Farrar Drive, along the arc of a curve concave to the
East having a radius of 95 . 00 feet, a distance of 19. 78
feet (the chord across said arc bears North 1022' 21" West,
19 . 75 feet; thence continuing along the east line of said
1
l
Farrar Drive, North 04035135" East, 0 . 36 feet; thence
leaving said east line; South 85021' 32" East, 237 . 37 feet;
thence North 48043134" East, 40 . 06 feet; thence South
84°46126" East, 45 . 40 feet; thence South 72°01' 25" East,
48 . 88 feet; thence North 49°43' 35" East, 25 . 62 feet;
thence South 85016' 37" East, 15 . 25 feet; thence North
04041' 58" East, 217 . 95 feet; thence South 85019128" East,
147 . 44 feet to the point of beginning and containing
20, 725 square feet, more or less .
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval.
lI__
PASSED AND APPROVED THIS gr� DAY OF V(u Q , 2025 .
Stacy K n er, Mayo
ATTEST: A
V� -
Traci Weissmueller, Deputy City Clerk
r4�GYg�id�,G
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THE UNYAtd ~
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RECORDER OF DEEDS
COVER PAGE
eRecorded
DOCUMENT #
2025-01089
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED ON
02/14/2025 11:35:21 AM
REC FEE: 36.00
PAGES: 5
Title of Document: Permanent Water Line Easement
Date of Document: December 19, 2024
Grantor(s) Name & Address: MIDAMERICA HOTELS CORPORATION
4072 State Highway K
Cape Girardeau, MO 63701-8469
JAMES L. DRURY AND WANDA L. DRURY
REVOCABLE REAL ESTATE TRUST DATED
FEBRUARY 22, 1994
4072 State Highway K
Cape Girardeau, MO 63701-8469
Grantee(s) Name & Address: City of Cape Girardeau
44 N Lorimier Street
Cape Girardeau, MO 63701
Legal Description: SEE ATTACHED EASEMENT DESCRIPTION
Reference Book & Page: BK 365 PG 404 & BK 727 PG 231
fCAPE Water Line Easement
CITY
151 159 S Mt. Auburn Rd
145'A
0 0145
1456 ®
James L. &
Wanda L K X X...
Drury Trust
BK 727 PG 231
19
200 155
0
151
0
IX.:
M MidAmerica Hotels Corp
BK 365 PG 404
159
0
0/,
James L. & Wanda L.
Drury Trust
BK 727 PG 231
LEGEND
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PERMANENT WATER LINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS: MIDAMERICA HOTELS
CORPORATION and JAMES L. DRURY AND WANDA L. DRURY REVOCABLE
REAL ESTATE TRUST DATED FEBRUARY 22, 1994, hereinafter referred to as
GRANTORS, 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 call 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:
All of that part of Outlot Number 84 of United States Private Survey Number 2199, and
all of that part of United States Private Survey Number 3090, in Township 30 North, Range 13
East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, and more
particularly described as follows:
Commence at a round 1/z" diameter iron rod on the southeast corner of Lot #2 of Physicians
Alliance Subdivision, as recorded in Plat Book 2 at Page 31, in the Land Records of Cape
Girardeau County; thence South 04°40'32" West, 27.03 feet to the point of beginning; thence
South 85'19'28" East, 239.92 feet to a point on the west line of Mt. Auburn Road, thence with
said west line, South 04°41'48" West, 25.01 feet; thence leaving said west line, North 85'18'12"
West, 18.84 feet; thence North 04°40'32" East, 5.00 feet; thence North 85'19'28" West, 348.52
feet; thence South 04'41'58" West, 197.97 feet; thence South 85°16'37" East, 13.81 feet; thence
south 04°43'23" West, 20.00 feet; thence North 85°16'37" West, 40.78 feet; thence South
49°43'35" West, 28.48 feet; thence North 72°01'25" West, 57.79 feet; thence North 84°46'26"
West, 34.57 feet; thence South 48°43'34" West, 39.94 feet; thence North 85°21'32" West,
243.78 feet; to a point on the east line of Farrar Drive, thence with said east line of Farrar Drive,
along the arc of a curve concave to the East having a radius of 95.00 feet, a distance of 19.78 feet
(the chord across said arc bears North 1°22'21" West, 19.75 feet; thence continuing along the
east line of said Farar Drive, North 04°35'35" East, 0.36 feet; thence leaving said east line; South
85°21'32" East, 237.37 feet; thence North 48°43'34" East, 40.06 feet; thence South 84°46'26"
East, 45.40 feet; thence South 72°01'25" East, 48.88 feet; thence North 49°43'35" East, 25.62
feet; thence South 85°16'37" East, 15.25 feet; thence North 04°41'58" East, 217.95 feet; thence
South 85'19'28" East, 147.44 feet to the point of beginning and containing 20,725 square feet,
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 water infrastructure 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 water 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 and authority herein granted is perpetual and shall
run with the land and be binding upon the successors, heirs and assigns of the respective parties.
The undersigned covenant that they are the owners in fee simple of the above described
property and has the legal right to convey same.
IN WITNESS WHEREOF, the undersigned has executed this easement this � day
of Dc.cern6r , 2024.
MIDAMERICA HOTELS CORPORATION
C� 0--�
Signature 41/
.L wic M. btuf u, President
Printed Name anitle
JAMES L. DRURY AND WANDA L. DRURY
REVOCABLE REAL ESTATE TRUST
Signature
44arold 6. 44ale, ! rusFee
Printed Name and Title
STATE OF MISSOURI
)ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this 1 q day of becember , 201 before me, the
undersigned notary public, personally appeared Dani , who being by me
duly sworn, did state that he/she is the authorized representative r MIDAMERICA HOTELS
CORPORATION, and that the within instrument was executed on behalf of said Corporation,
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.
�?Uam�F
MELANIE R CANTRELL Notary Public
NOTARY PUBLIC - NOTARY SEAL
My Commission expires: STATE OF MISSOURI
MYCAPE COMMISSION
EXPIRES CUP, 2828 Melanie; R. C'a`rl re ( f
Jme �, ava $ COMMISSION #1293011 Notary Printed Name
STATE OF MISSOURI
COUNTY OF CAPE GIR.ARDEAU )
BE IT REMEMBERED, that on this /qday of , 20a before me, the
undersigned notary public, personally appeared ->yamhl who being by me
duly sworn, did state that he/she is the authorized representative for JAMES L. DRURY AND
WANDA L. DRURY REVOCALBE REAL ESTATE TRUST, 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.
?Wap0-R.&n
MELANIE R CANTRELL Not6y Public
NOTARY PUBLIC - NOTARY SEAL
STATE OF MISSOURI
M Commission expires. MY COMMISSION EXPIRES JUNE 9, 2028
Y p CAPE GIRARDEAU COUNTY
COMMISSION #12373011 Aid ;e, R. &r14M11
dune 9, o?Od$ Notary Printed Name