HomeMy WebLinkAboutOrd.5824.2025-03-03 BILL NO 25-22 ORDINANCE NO SU
AN ORDINANCE ACCEPTING A PERMANENT WATER LINE
EASEMENT FOR PROPERTY LOCATED AT 1112 LINDEN
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 Permanent Water Line Easement
from Gibson Center for Behavioral Change for property located at
1112 Linden Street, in the City of Cape Girardeau, Missouri,
described as follows
A PART OF OUTLOT NO 52, UNITED STATES PRIVATE SURVEY
NO 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI
BEGIN AT THE SOUTHWEST CORNER OF A TRACT OF LAND
RECORDED IN BOOK 509 AT PAGE 89, SAID POINT BEING ON
THE NORTH RIGHT OF WAY LINE OF LINDEN STREET AND ALONG
SOUTH LINE OF SAID BOOK AND PAGE NORTH 07°20 ' 49" EAST,
385 32 FEET, THENCE SOUTH 82°39 ' 11" EAST, 20 00 FEET,
THENCE SOUTH 07°20 ' 49" WEST, 385 32 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF LINDEN STREET, THENCE
NORTH 82°39 ' 11" WEST, 20 00 FEET TO THE POINT OF
BEGINNING
ARTICLE 2 This ordinance shall be in full force and
effect ten days after its passage and approval
PASSED AND APPROVED THIS Sra DAY OF i W Vr ' , 2025
411111
Stacy Kin•,e , Mayor
ATTEST
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Traci Weissmueller, Deputy City Clerk � ''
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Title of Document:
Date of Document:
Grantor(s) Name & Address:
Grantee(s) Name & Address:
RECORDER OF DEEDS
COVER PAGE
eRecorded
DOCUMENT #
2025-01946
DAVIDANDREW BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED
03/20/2025 0• AM
REC FEE: 00
PAGES: 9
Permanent Water Line Easement
& Pavement Waiver
January 14, 2025
Gibson Center for Behavioral Change
1112 Linden Street
Cape Girardeau, MO 63703
City of Cape Girardeau
44 N Lorimier Street
Cape Girardeau, MO 63701
Legal Description:
A PART OF OUTLOT NO. 52, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30
NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI.
BEGIN AT THE SOUTHWEST CORNER OF A TRACT OF LAND RECORDED IN BOOK 509
AT PAGE 89, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF LINDEN
STREET AND ALONG SOUTH LINE OF SAID BOOK AND PAGE NORTH 07020'49" EAST,
385.32 FEET; THENCE SOUTH 82039'11" EAST, 20.00 FEET; THENCE SOUTH 07020'49"
WEST, 385.32 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF LINDEN
STREET; THENCE NORTH 82039'11" WEST, 20.00 FEET TO THE POINT OF BEGINNING.
Reference Book & Page: Doc. # 2023-09847
PERMANENT WATER LINE EASEMENT
1112 Linden Street
KNOW ALL MEN BY THESE PRESENTS: GIBSON CENTER FOR BEHAVIORAL
CHANGE, a Missouri Not for Profit Corporation, hereinafter referred to as GRANTOR, 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 OUTLOT NO. 52, UNITED STATES PRIVATE SURVEY NO.
2199, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE
OF MISSOURI.
BEGIN AT THE SOUTHWEST CORNER OF A TRACT OF LAND
RECORDED IN BOOK 509 AT PAGE 89, SAID POINT BEING ON THE
NORTH RIGHT OF WAY LINE OF LINDEN STREET AND ALONG SOUTH
LINE OF SAID BOOK AND PAGE NORTH 07020'49" EAST, 385.32 FEET;
THENCE SOUTH 82°39'11" EAST, 20.00 FEET; THENCE SOUTH 07020'49"
WEST, 385.32 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE
OF LINDEN STREET; THENCE NORTH 82039'11" WEST, 20.00 FEET TO
THE POINT OF BEGINNING.
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, permission 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.
Signature Page to Follow
The undersigned covenant that it 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 easement this /qday of
G , 20 L,5' .
GIBSON CENTER FOR BEHAVIORAL CHANGE
Sign re
Printed Name and Title
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this � day of �Ql , 20 2, s before
-Pi
me, the undersigned notary public, personally appeared Mo -n c 5s V ,
who being by me duly swom, did state that he/she is the authorized representative for GIBSON
CENTER FOR BEHAVIORAL CHANGE, a Missouri Not for Profit Corporation, and that the
within instrument was executed on behalf of said Organization, 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.
My Commission expires:
la. 8- a B
4-i� a .
Notary Public
)4 A. 11um�Mre�
Notary Printed Name
KIMBERLY A. HUMPHREY
Notary Public, Notary Seal
State of Missouri
Cape Girardeau County
Commission # 12535706
My Commission Expires 12-08-2028
CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
WAIVER ACCEPTING RESPONSIBILITY
FOR
SERVICE WATER LINES &
PAVEMENT OVER PUBLIC WATER INFRASTRUCTURE
Date: 01/03/2025
Address: 1112 Linden St
Property Owner: Gibson Center for Behavioral Change (Grantor)
IT IS AGREED, in consideration of the mutual agreements, covenants and undertakings as
hereinafter set forth, the sufficiency of which are hereby acknowledged, each party hereto agrees
as follows:
• The Property Owner (Grantor) needed to install a Water Main Extension through and
across their property,
• Said Water Main Extension was planned by the Grantor to lie underneath finished
pavement,
• The Grantor wishes to relinquish said Water Main Extension to the City of Cape
Girardeau (Grantee) as Public Infrastructure,
• The Grantor is granting to the City of Cape Girardeau a Water Line Easement over said
Water Main Extension, and said Easement shall be incorporated herein,
• The City of Cape Girardeau hereby accepts responsibility for the future maintenance or
repair costs associated with the Water Main Extension subject to the conditions and
limitations contained herein,
• The City of Cape Girardeau denies specifically taking responsibility for costs associated
with damage to pavement or to repair or replace said pavement if and when said Water
Main Extension is maintained or repaired,
• The City of Cape Girardeau denies specifically taking responsibility for the Service
Water Lines that come from said Water Main Extension to the Water Meter Pit near the
building and therefore, said Service Water Lines shall be the responsibility of the
Grantor,
Engineering Plans for a Water Main Extension were submitted with all supporting
documentation for the property located at the above referenced address in the City of Cape
Girardeau, Missouri, hereinafter described as follows:
i
OIRw^es\
it
44 N. Lorimer Cape Girardeau, MO 63701 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
A part of Outlot No. 52, United States Private Survey No. 2199,
Township 30 North, Range 14 East of the Fifth Principal Meridian,
City and County of Cape Girardeau, State of Missouri, being more
particularly described as follows: Beginning at a point on the North line
of Outlot No. 52 from which the Northeast comer of said Outlot
No. 52 bears South 8131'50" East, 621.80 feet, said point also
being the Northwest corner of a tract of land recorded in the land
records of the County Recorders Office in Book No. 328 at Page
No. 560; thence South 08'34'17" West, 594.86 feet along the West
line of said tract to the Southwest corner of said tract; thence South
81°21'41" East, 110.56 feet along the South line of said tract; thence South
08°01'02" West, 245.40 feet to the North right of way line of Linden
Street; thence North 81023145" West, 310.00 feet along said North right
of way line of Linden Street; thence North 08°34 '17 " East, 573.41
feet; thence North 81031'50" West, 289.05 feet to the centerline of
Storm Water Channel S.D. No. 5; thence along said centerline the
following courses and distances: North 48057'54" East, 234.40 feet;
thence North 33°58'31" East, 97.71 feet to the North line of Outlot
No. 52; thence South 81031150" East, 292.30 feet along said North
line to the point of beginning containing 5.54 acres, more or less.
As recorded in Document 2023-09847 in the land records of Cape
Girardeau County, Missouri.
All documentation has been reviewed by staff of the City of Cape Girardeau Department of
Community Development. Comments have been indicated and made available to all parties of
interest, as appropriate.
By signing below, and in consideration for the Grantee accepting the Water Main Extension
located across the property at 1112 Linden Street into the Public Water System, the Grantor
hereby accepts all responsibility for the Water Service Lines, and for all costs of repair and/or
replacement associated with, the Water Service Lines. Should the Water Main Extension be
maintained or repaired by the Grantee, the Grantor further agrees that pavement located at or
upon 1112 Linden Street may be removed or damaged by the Grantee or its employees or
contractors, in order to access the Water Main Extension and that the Grantee shall be in no way
responsible for said removal or damage and both Parties agree the Grantee shall not repair or
replace said pavement and that the Grantor shall accept all responsibility for repair and/or
replacement of said pavement.
The Grantor covenants and agrees to indemnify, defend and hold harmless the Grantee and its
elected officials, officers and employees, against any and all claims, demands, damage, suits,
judgements, loss or liability of any kind or nature, costs and expenses, including attorneys' fees
and witness costs, which may be asserted by any person or persons, including agents or
employees of the Grantor, related to or resulting from this Waiver, or as a result of anything
claimed to be done or omitted to be done relating to this Waiver. If a party brings an action
against the Grantee contesting the validity or legality of this Waiver or any action or inaction of
the Grantee relating to this Waiver, the Grantor shall defend such claim or action with legal
counsel selected by the Grantee and shall pay the costs and attorneys' fees of such counsel. All
costs and expenses incurred by the Grantee in the assistance in the defense of the litigation, claim
or action and in discussion and consideration of any settlement, or in actions required to be taken
as a result of the litigation, claim or action such as response to discovery and attendance at
depositions, including attorneys' fees, shall be paid by the Grantor. This indemnification
condition shall survive after termination of this Waiver. The Grantee shall not be liable to the
Grantor for damages or otherwise if all or any part of this Waiver or any ordinance or resolution
adopted in connection therewith is declared invalid or unconstitutional in whole or in part by any
court of competent jurisdiction.
This Waiver shall be a continuing obligation running with the land, and shall bind the subsequent
owners, their heirs, executors, administrators, successors, assigns, and/or legal representatives. It
is understood this document will be recorded in the Office of the Recorder of Deeds of Cape
Girardeau County and shall be of record.
This area left intentionally blank.
Signature pages to follow.
IN WITNESS WHEREOF, the undersigned has executed this Waiver thi day of
2025
Pro y Owner Signature
WV /* t_.3
Property 14wner Printed Name
ATTEST:
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this L4 LPMayo , 20�before me appeared PLld n tsS�e% ,
to me personally known, who, being y me duly sworn, did say that they—are the representative of
Gibson Center for Behavioral Change that is the owner of the subject property, and affirmed that
they signed the foregoing for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
at my office in Cape Girardeau, Missouri, the day and year first above written.
Noiary Public
M
Cqtnmigpion Expires: KIMBERLY A.- HUMPMR-tY
Notary ;•-:.,iic, Notary Seal
J a� State of Missouri
Caul Girardeau County
Co. . ' :,sion !k 12535706
[Emyc.1, .:;ssion Expires 12-08-2028
m
44 N. Lorimer Cape Girardeau, MO 63709 573-339-6327 Tel 573-339-6303 Fax
eltyofcape.org
IN WITNESS WHEREOF, the Parties have executed this Agreement on this ALO"day of
s.
CITY OF CAPE GIRARDEAU
ATTEST:
Signatur¢)
Printed Name and Title [
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
DrWrindih H�16n, City Manager
On thisis—Nay of 0,/�, � , 20 ( , before me personally appeared Dr.
Kenneth Haskin, City Manag r of they of Cape Girardeau, a Municipal Corporation
organized and existing under a laws of Lee State of Missouri, known by rine to be the person
described in and who executed 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 he executed the same as the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in said State and County, the date first above written.
My Commission Expires:
E
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-# 14.,:
44 N. Lorimer Cape Girardeau, MO 63701 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
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DATE: 12/19/2024
EASEMENT EXHIBIT FOR
KO E H L E R
GIBSON
BUSINESS CENTER
1112 LINDEN STREET
ENGINEERING AND LAND SURVEYING,
INC.
DRAWING
OF
CAPE GIRARDEAU, MO 63701
amlePaL.--C.,Qrtay esa�—
196 Coker Lane - Cape.n5.tleau, MO 63701
Ph9rn: 5]3.335.3026
www.koenierer,yme—y.mm