HomeMy WebLinkAboutOrd.5835.2025-05-05 BILL NO 25-48 ORDINANCE NO 5K3.5
AN ORDINANCE ACCEPTING A PERMANENT WATER
LINE EASEMENT FOR PROPERTY LOCATED AT 4450
LASALLE AVENUE, 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 Church of Christ of Latter-Day Saints for property located
at 4450 LaSalle Avenue, in the City of Cape Girardeau, Missouri,
to wit
THAT PART OF LOT TWO (2) OF LaSALLE-CHURCH SUBDIVISION
{ AS RECORDED IN DOCUMENT NO 2022-11442 IN THE
COUNTY LAND RECORDS, LOCATED IN UNITED STATES PRIVATE
SURVEY NO 790, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2 OF THE
LaSALLE- CHURCH SUBDIVISION AS RECORDED IN DOCUMENT
NO 2022-11442 IN SAID COUNTY LAND RECORDS, THENCE
WITH THE SOUTH LINE OF SAID LOT 2, NORTH 84°53 ' 53"
WEST, 367 27 FEET, THENCE ALONG THE ARC OF A CURVE TO
THE LEFT, HAVING A RADIUS OF 1820 00 FEET, A DISTANCE
OF 7 06 FEET (THE CHORD OF SAID ARC BEARS NORTH
85°04 ' 47" WEST, 7 06 FEET) TO THE POINT OF BEGINNING,
THENCE NORTH 23°40 ' 51" WEST, 42 99 FEET, THENCE
LEAVING SAID SOUTH LINE, NORTH 49°21 ' 34" EAST, 153 10
FEET; THENCE SOUTH 40°38 ' 26" EAST, 20 00 FEET,
THENCE SOUTH 49°21 ' 34" WEST, 137 39 FEET, THENCE
SOUTH 04°21 ' 34" WEST, 23 10 FEET TO THE NORTH LINE OF
AN EXISTING EASEMENT AS RECORDED IN SAID
DOCUMENT, THENCE SOUTH 27°28 ' 31" WEST, 12 84 FEET
TO THE POINT OF BEGINNING
ARTICLE 2 This ordinance shall be in full force and
effect ten days after its passage and approval
1
PASSED AND APPROVED THIS SRI DAY OF / 101 2025
11J
Stacy Ki d-r Mayor
ATTEST Ny6gf^'a
Gay e L Conrad, City Clerk
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IS
414'+„'1.4►. .
2
eRecorded
DOCUMENT #
�....... a 2025-06707
-_ ............
DOFO i
�G Fiyi ANDREW DAVID BLATTNER
%Q- ta RECORDER OF DEEDS
•• CAPE GIRARDEAU COUNTY MO
5v ; eRECORDED ON
.%) 08/20/202S_t- %�,; 08:31:04 AM
II, c4';RDEAU d F REC FEE:PAGES: 98.00
RECORDER OF DEEDS
COVER PAGE
Title of Document: Permanent Water Line Easement& Pavement Waiver
Date of Document: August 18, 2025
Grantor(s)Name&Address: The Church of Jesus Christ of Latter-Day Saints
4450 LaSalle Avenue
Cape Girardeau, MO 63703
Grantee(s)Name &Address: City of Cape Girardeau
44 N Lorimier Street
Cape Girardeau,MO 63701
Legal Description:
THAT PART OF LOT TWO(2) OF LaSALLE-CHURCH SUBDIVISION AS RECORDED
IN DOCUMENT NO. 2022 11442 IN THE COUNTY LAND RECORDS, LOCATED IN UNITED
STATES PRIVATE SURVEY NO 790, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2 OF THE LaSALLE-CHURCH
SUBDIVISION AS RECORDED IN DOCUMENT NO 2022 11442 IN SAID COUNTY LAND
RECORDS, THENCE WITH THE SOUTH LINE OF SAID LOT 2, NORTH 84°53'53' WEST,
367 27 FEET, THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 1820.00 FEET, A DISTANCE OF 7.06 FEET(THE CHORD OF SAIL) ARC BEARS NORTH
85°04'47' WEST, 7.06 FEET) TO THE POINT OF BEGINNING, THENCE NORTH 23°40'51'
WEST, 42 99 FEET THENCE LEAVING SAID SOUTH LINE NORTH 49°21'34' EAST 153 10
FEET, THENCE SOUTH 40°3876 EAST, 20 00 FEET THENCE SOUTH 49°21'04' WEST,
137 39 FEET, THENCE SOUTH 04°2174' WEST 23.10 FEET TO THE NORTH LINE OF AN
EXISTING EASEMENT AS RECORDED IN SAID DOCUMENT THENCE SOUTH 27°2871
WEST, 12 84 FEET TO THE POINT OF BEGINNING
Reference Book & Page: Doc #2022-12361
PERMANENT WATER LINE EASEMENT
4450 LaSalle Ave
KNOW ALL MEN BY THESE PRESENTS THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a Utah corporation sole, 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
THAT PART OF LOT TWO (2) OF LaSALLE-CHURCH SUBDIVISION AS
RECORDED IN DOCUMENT NO 2022-11442 IN THE COUNTY LAND
RECORDS, LOCATED IN UNITED STATES PRIVATE SURVEY NO 790,
TOWNSHIP 31 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2 OF THE LaSALLE-
CHURCH SUBDIVISION AS RECORDED IN DOCUMENT NO 2022 11442
IN SAID COUNTY LAND RECORDS, THENCE WITH THE SOUTH LINE OF
SAID LOT 2 NORTH 84°53'53' WEST, 367 27 FEET, THENCE ALONG THE
ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1820 00 FEET, A
DISTANCE OF 7 06 FEET (THE CHORD OF SAID ARC BEARS NORTH
85°04'47' WEST, 706 FEET) TO THE POINT OF BEGINNING, THENCE
NORTH 23°40'51' WEST, 42.99 IEET THENCE LEAVING SAID SOUTH
LINE, NORTH 49°21'34' EAST, 153 10 FEET THENCE SOUTH 40°38'26'
EAST, 2000 FEET, THENCE SOUTH 49°21'34' WEST, 137.39 FEET,
THENCE SOUTH 04°21'34' WEST, 23 10 FEET TO THE NORTH LINE OF
AN EXISTING EASEMENT AS RECORDED IN SAID DOCUMENT
THENCE SOUTH 27°28'31' WEST, 1284 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
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 WIIEREOF,the undersigned has executed this easement this fg day of
445vc1- 20?5
THE CHURCH OF JESUS OF LATTER-DAY SAINTS
c Oma_
Signature
/0pd C k< 7
Printed Name and Title
STATE OF .{h)UIit
) ss.
COUNTY OF aionntW II C
BE IT REMEMBERED, that on this lr day of AU 'VS* 20 25 before
me, the undersigned notary public, personally appeared Leyq,.I King
who being by me duly sworn, did slate that he/she is the authorized representative for THE
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,a Utah corporation sole,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.
746,,a Notary Public "7� -"l!_1��
4Wiek < VIAs _
Notary Printed Name
My Commission expires:
OAHU STEVENS
I Notary Pubtk•Slav of IdO0
I CommWloo Number 20241073
I My Commits'', EwIrn Nor 3E 2030
CITY of CAPE GIRARDEAU
LOPM RVI
WAIVER ACCEPTING RESPONSIBILITY
FOR PAVEMENT
OVER PUBLIC WATER INFRASTRUCTURE
Date: 02/24/2025
Address. 4450 LaSalle Avenue (Lot 2 of LaSalle-Church Subdivision as recorded in the
land records of Cape Girardeau County, Missouri in Document#2022-11442)
Property Owner. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah
corporation sole JGrantor)
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 Church of Jesus Chnst of Latter-Day Saints, (Grantor) needed to install a Fire Main
Extension through and across the Grantor s property of 4450 LaSalle Ave
Said Fire Main Extension was planned by the Grantor to lie underneath finished
pavement for their driveway
The Grantor wishes to relinquish said Fire Main Extension to the City of Cape Girardeau
(Grantee) as Public Infrastructure,
The Grantor is granting to the City of Cape Girardeau, Missouri (Grantee) a Water Line
Easement over said Fire 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 Fire 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 Fire
Main Extension is maintained or repaired,
Engineering Plans for a Fire Main Extension were submitted with all supporting documentation
for the property located at the above referenced address in the City of Cape Girardeau, Missouri
The Water Line Easement area that the pavement passes over is hereinafter described as follows
t
rC4
44 N Lonme Cape Gi rde MO 63701 573-339-6327 Tel 573-339-6303 Fa
otyofoape org
THAT PART OF LOT TWO (2) OF LaSALLE-CHURCH SUBDIVISION AS
RECORDED IN DOCUMENT NO 2022-11442 IN THE COUNTY LAND
RECORDS, LOCATED IN UNITED STATES PRIVATE SURVEY NO 790,
TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2 OF THE LaSALLE-
CHURCH SUBDIVISION AS RECORDED IN DOCUMENT NO 2022 11442
IN SAID COUNTY LAND RECORDS, THENCE WITH THE SOUTH LINE OF
SAID LOT 2 NORTH 84°53'53' WEST 367 17 FEET THENCE ALONG THE
ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1820 00 FEET A
DISTANCE OF 706 FEET (THE CHORD OF SAID ARC BEARS NORTH
85°04'47' WEST, 706 FEET) TO THE POINT OF BEGINNING, THENCE
NORTH 23°40'51' WEST 4299 FEET THENCE LEAVING SAID SOUTH
LINE, NORTH 49°21'34' EAST 153 10 FEET, THENCE SOUTH 40°38'26'
EAST, 20.00 FEET, THENCE SOUTH 49°21'34' WEST, 13739 FEET
THENCE SOUTH 04°21'34' WEST, 23 10 FEET TO THE NORTH LINE OF
AN EXISTING EASEMENT AS RECORDED IN SAID DOCUMENT,
THENCE SOUTH 17028'31' WEST, 12 84 FEET TO THE POINT OF
BEGINNING
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 Fire Main Extension
Infrastructure located across the property at 4450 LaSalle Avenue into the Public Water System,
the Grantor agrees that pavement located at or upon 4450 LaSalle Avenue may be removed or
damaged by the Grantee or its employees or contractors, in order to access the Fire Main
Extension located in said Water Line Easement 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 land 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 to 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
Signature Page to Follow
(This spae left intentionally blank)
rCI
WI SS WHE OF the Parties have executed this Agreement on this (7k ) day of
k.1 .r/„ , 20r I.
1 I CITY OF CAPE GIRARDEAU
Dr. Kenneth Haskin,City Manager
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ATTEST �/ ��/(/ ‘ors,--)E r'"d'irk t,
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Signattt
x.�le, (xi ..1, H Uerk ,
Printed Name and Title ;/
i
STATE OF MISSOURI ) , m;_ �
) SS.
COUNTY OF CAPE GIRARDEAU )
On this day of /_tat 2035 before me personally appeared Dr.
Kenneth Haskin, City Manager , the gimp -ape Girardeau, a Municipal Corporation
organized and existing under the 11 s oftto of Missouri, known by me to be the person
desenbed in and who executed the forego strument, and acknowledged that the foregoing
instrument was signed and sealed on behal i 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.
14moi (--
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My Commission Expires: /OPP
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-- Notary Public Printed Name
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I .iv Gape Girardeau
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LINE TABLE _ _ _ LEGEND ,ii►'\ Z
= WATER LINE EASEMENT \X \�i ��' E w
LINE # DIREC110N LENGTH L _ ._ t* ix
S Mo
L1 S27' 28' 31"W 12.84' I.L.2 h°"
Amo
NORTH ORIENTATION FROM LU }.E
L2 SO4' 21' 34"W 23.10' MISSOURI STATE PLANE J z e tN Y
COORDINATE SYSTEM a
�2 Uri.
0 50' 100' Z
W w W31
S40'38'26"E ='y
"-.71/4"-x---2..00, Q
/, HORIZONTAL SCALE W
I/ /i W
/ / he
... , ' CURVE TABLE
43
* •
k�%/ fi �`�� CURVE # LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH
d,/ /S0 Cl 7 06' 1820.00' 013'20" N85' 04' 47"W 7 06' o
/.\ / cc fre a o
/ OLL x co M
/...., H V Zu.i0
w
LL1 7 Q ¢ W
1-
r'
0cc
+5` POINT OF COMMENCEMENT AT THE W 0 CZ o
.s. SOUTHEAST CORNER OF LOT 2 E V I- CD
FOR WATER LINE EASEMENT Q e a
J
—Cl wU Ca.
----N84---'53,53,,w---
84 53'53"W 367.27'
, _
POINT OF BEGINNING ~
WATER UNE EASEMENT —•`'
Description of Water Line Easement
THAT PART OF LOT TWO(2)OF LaSALLE-CHURCH SUBDIVISION AS RECORDED IN DOCUMENT NO 2022 11442 IN THE COUNTY LAND RECORDS,LOCATED IN N
UNITED STATES PRIVATE SURVEY NO 790 TOWNSHIP 31 NORTH,RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU STATE OF MISSOURI,AND N 0
MORE PARTICULARLY DESCRIBED AS FOLLOWS Z r
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2 OF THE LaSALLE-CHURCH SUBDIVISION AS RECORDED IN DOCUMENT NO 2022-11442 IN SAID COUNTY o Q r
LAND RECORDS THENCE WITH THE SOUTH LINE OF SAID LOT 2,NORTH 84°53':3' WEST 367.27 FEET THENCE ALONG THE ARC OF A CURVE TO THE LEFT Q 0
HAVING A RADIUS OF 1820.00 FEET A DISTANCE OF 7.06 FEET(THE CHORD OF SAID ARC BEARS NORTH 85°04'47'WEST 7.06 FEET)TO THE POINT OF
BEGINNING'THENCE NORTH 23°40'51 WEST 4299 FEET THENCE LEAVING SAID SOUTH LINE,NORTH 49°21'34' EAST 153.10 FEET THENCE SOUTH 40°38'26'
EAST 20.00 FEET THENCE SOUTH 49°21'34 WEST 137.39 FEET THENCE SOUTH 04°21'34 WEST 23.10 FEET TO THE NORTH LINE OF AN EXISTING EASEMENT
AS RECORDED IN SAID DOCUMENT THENCE SOUTH 27°28'31 WEST 12.84 FEET TO THE POINT OF BEGINNING