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Home My WebLink AboutOrd.5837.2025-05-05 BILL NO 25-50 ORDINANCE NO }431 AN ORDINANCE ACCEPTING TWO PERMANENT UTILITY EASEMENTS FROM THE TRUSTEES OF THE MOGELNICKI FAMILY REVOCABLE TRUST DATED DECEMBER 27, 2017 FOR PROPERTY LOCATED ADJACENT TO 3556 PHEASANT COVE DRIVE, 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 two Permanent Utility Easements from the trustees of the Mogelnicki Family Revocable Trust dated December 27, 2017 for property located adjacent to 3556 Pheasant Cove Drive, in the City of Cape Girardeau, Missouri, described [ as follows ONE (1) TEN (10) FOOT WIDE AND ONE (1) TWENTY FOOT (20) WIDE PERMANENT UTILITY EASEMENTS, BOTH BEING FROM A PART OF A TRACT OF LAND MORE SPECIFICALLY DESCRIBED IN DEED BOOK 1044, AT PAGE 119 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND ALSO BEING A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS UTILITY EASEMENT 1 A ten (10) foot wide Permanent Utility Easement laying wholly South of and adjacent to the Northern Boundary Line of said deed recorded in Deed Book 1044, at Page 119, said line being the same as the Southern Right of Way Line of Hopper Road, and being the same line with the following courses from said deed A non-tangent curve concave to the Northeast, having a central angle of 02° 47 ' 55" and a radius of 1430 00 feet, from which point a radial line bears N 02° 47 ' 55" E; Thence along said curve in an Easterly direction 69 85 feet, Thence S 90° 00 ' 00" E, 247 17 feet Said 10 foot wide easement sides to be prolongated or shortened to match the Western and Eastern Boundary Lines of said tract of land described in Deed Book 1 I 1044, at Page 119 Said Easement contains 3, 099 square feet more or less UTILITY EASEMENT 2 A twenty (20) foot wide Permanent Utility Easement laying wholly East of and adjacent to the Western Boundary Line of said deed recorded in Deed Book 1044, at Page 119 and being the same line with a bearing and distance of N 34° 27' 00" W, 216 84 feet which runs between the Northwest Corner of Lot 76 of Clarkton Place Subdivision Phase III as recorded in the land records of the County Recorder' s Office in Plat Book No 16 at Page 43 and the Southern Right of Way Line of Hopper Road as now existing Said 20 foot wide easement sides to be prolongated or shortened to match the Southern Right of Way Line of Hopper Road and the Northern Lot Line of said Lot 76 Said Easement contains 4, 374 square feet more or less ARTICLE 2 This ordinance shall be in full force and effect ten days after its passage and approval PASSED AND APPROVED THIS 5 - q DAY OF I"' 2025 f Stacy K n.er, Mayor E ATTEST tip /i0Y6514ACi f Gay C L Conrad, City Clerk PIN.kN.dgtm' THE ENT t Til E 2 RECORDER OF DEEDS COVER PAGE Title of Document: Permanent Utility Easements Date of Document: April 30, 2025 eRecorded DOCUMENT # 2025-03723 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED ON 05/16/2025 01:58:47 PM REC FEE: 36.00 PAGES: 5 Grantor(s) Name & Address: Thomas Joseph Mogelnicki and Karen Sue Mogelnicki, as co -Trustees of the Mogelnicki Family Revocable Trust dated December 27, 2017 3556 Pheasant Cove Drive Cape Girardeau, MO 63701 Grantee(s) Name & Address: City of Cape Girardeau 44 N Lorimier Street Cape Girardeau, MO 63 701 Legal Description: See Exhibit A Reference Book & Page: Document # 2025-03107 PERMANENT UTILITY EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS Thomas Joseph Mogelnicki and Karen Sue Mogelnicki,as co-Trustees of the Mogelnicki Family Revocable Trust dated December 27, 2017, for and in consideration of the sum of One Dollar ($1 00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does by these presents, Grant, Bargain, Sell and Convey to the CITY OF CAPE GIRARDEAU,MISSOURI, a Municipal Corporation organized and existing under the laws of the State of Missouri, hereinafter referred to as the "City", three permanent utility easements on, over and across the following described property, which is solely owned by the undersigned and located in the City and County of Cape Girardeau, State of Missouri, to wit: SEE ATTACHED EXHIBIT A Said easements are granted for the purpose of allowing public access on, over and across the above-described property, and for the purpose of enabling the City as well as its agents, servants, and assigns to use said property to excavate, build, and construct certain utility 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 easements 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. This area left intentionally blank. Signature page to follow { 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. IN WITNESS WHEREOF, the undersigned has executed this easement on this'(7day of OR(2.1l.— , 20 `?---J Thomas Joseph Mogelnicki and Karen Sue Mogelnicki, as co-Trustees of the Mogelnicki Family Revocable Trust dated December 27,2017 homas Jos ph Mo lnicki, c•-Trustee a en Sue Mogelnicki, co-i stee STATE OF MISSOURI ) E ) SS COUNTY OF CAPr�EGIRARDEAU ) On this ' ) day of KPP.it--• , 2025 , before me personally appeared Thomas Joseph Mogelnicki and Karen Sue Mogelnicki, as co-Trustees of the Mogelnicki Family Revocable Trust dated December 27, 2017,known by me to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as the free act and deed of said Trust for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the aforesaid State and County,the date first above written. Notary Public My Commission Expires. THOMAS SHERWOOD Notary Public•Notary Seal Cape Girardeau County State of Missouri Commission Number 24548655 f My Commission Expires May 12,2028 I EXHIBIT A ONE (1)TEN(10)FOOT WIDE AND ONE (1) TWENTY FOOT(20)WIDE PERMANENT UTILITY EASEMENTS, BOTH BEING FROM A PART OF A TRACT OF LAND MORE SPECIFICALLY DESCRIBED IN DEED BOOK 1044, AT PAGE 119 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND ALSO BEING A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS Utility Easement 1 A ten(10)foot wide Permanent Utility Easement laying wholly South of and adjacent to the Northern Boundary Line of said deed recorded in Deed Book 1044, at Page 119, said line being the same as the Southern Right of Way Line of Hopper Road, and being the same line with the following courses from said deed. A non-tangent curve concave to the Northeast, having a central angle of 02° 47' 55" and a radius of 1430 00 feet, from which point a radial line bears N 02° 47' 55" E, Thence along said curve in an Easterly direction 69 85 feet; Thence S 90° 00'00" E, 247 17 feet. Said 10 foot wide easement sides to be prolongated or shortened to match the Western and Eastern Boundary Lines of said tract of land described in Deed Book 1044, at Page 119 Said Easement contains 3,099 square feet more or less. Utility Easement 2 Also, a twenty(20) foot wide Permanent Utility Easement laying wholly East of and adjacent to the Western Boundary Line of said deed recorded in Deed Book 1044, at Page 119 and being the same ime with a bearing and distance of N 34° 27' 00"W, 216 84 feet which runs between the Northwest Corner of Lot 76 of Clarkton Place Subdivision Phase III as recorded in the land records of the County Recorder's Office in Plat Book No 16 at Page 43 and the Southern Right of Way Line of Hopper Road as now existing. Said 20 foot wide easement sides to be prolongated or shortened to match the Southern Right of Way Line of Hopper Road and the Northern Lot Line of said Lot 76 Said Easement contains 4,374 square feet more or less. I Fx CITY ofCAPEGrant of UtilityEasements during T°`°" G I Ft A R CP E A " Sale of City Owned Property _ F { i 1 - - -- - - - - - - - - Hopper Rd - - - - _.___ Cl S 90° 00' 00" E, 247 17 feet *- ' ..'•4;.•••••••••••••❖••1••❖ •!•!•!!!!!.1 1 -_et. -t441 ..Atii. .....�•�•�•At**. �•�#i,• ,*':•:': 10 FT ':;%%:\ wide City Tract to ` z° •••• N-1,\p•;•;\ b e Sold �. .❖.❖ o ! 4 City of Cape Girardeau Lot 78 v.. s••••, BK 1044 PG 119 Clarkton Place *1"•••••••• Subd PH (! \s• 44••••••� PB 16 PG 43 r', '••••• 20 FT 6'� *sa. "Nos- 3556 4"7 ivy-'' wide • s••i•••`. f .•••••• M o g e l n i c k i Family Trust S•••••\ ®••••••••. Doc # 2018-00031 Cl Pheasant A non-tangent curve N 83°53'53" W, Cove Dr concave to the NE having a 60 00 feet central angle of 02° 47' 55" and a radius of 1430 00 ft,from which Lot 76 point a radial line bears NO2°47 55"E, Clarkton Place 3555 Thence along said curve in an Easterly Subd PH III • direction 69 85 feet. PB 16 PG 43 3549 • t New Utility Easement LEGEND Existing Easements N o 50 100 Feet i t t F i t t 1 I 1742 70a: ® Cape City Addresses Wwi, Date::`r 2/28/2025 CITY ti..CdPr CARAPHICALI `�►/ layers pr idea b9 the Ciryrof Cape Created by-Development Sery Giretdea e[o be dfo al atdoaty STeresa Hato Alli ce Wate Re ourc o[ga ntedo be acursm Parcel Data Source(s) The ela es of tobe uxd for avy Cy of Cape Gir rdeat Government,MO mgtn vgardesgn parpoa: . ' a . -raay ` �t " yy of k p { s h-M•wrt► it* otc...:.1,,,,,. . - - • iv „ . ,lak%., - . -„,, i . . 46, .: y coat . i w w �� , ' 4414 , tT ! !y • . s 1 _ ti S ^- , rtK R * .a ,�Rd Hopper Rd ° lot, Hopper Rd Hopper Rd .. j 4 AllhiLi 4 - y 1E+ •; � • 11 41. . .. - 7 r 101111 v. • a A3 56ii04. tt as/ • A`41:;''.. 414 , ,)4 , " 3555, a, '''''' 71 . ', ..-.. 41_ _ '11..,'''''.. lk„, „.,, riffo, -',. ....0' . t �r Hak r °41111*46,47 . �� y'