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HomeMy WebLinkAboutOrd.5907.2026-05-04BILL NO. 26-36 ORDINANCE NO. 5901 AN ORDINANCE ACCEPTING PERMANENT UTILITY EASEMENTS FROM FOREFRONT HOLDINGS, LLC, FOR PROPERTY LOCATED ON OLD HOPPER ROAD 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, Permanent Utility Easements from Forefront Holdings, LLC, for property located on Old Hopper Road, in the City of Cape Girardeau, Missouri, described as follows: UTILITY EASEMENT 1 - SEE EXHIBIT "A", ATTACHED PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 2,000 SQUARE FEET (0.05 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 27 OF DEER RUN ESTATES PHASE 2 AS RECORDED IN DOCUMENT NUMBER 2026- 02389 IN THE LAND RECORDS OF SAID COUNTY; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF RIFLE DRIVE, SOUTH 00 DEGREES 05 MINUTES 50 SECONDS EAST, 3.02 FEET; THENCE LEAVING SAID WEST LINE, CONTINUING SOUTH 00 DEGREES 05 MINUTES 50 SECONDS EAST, 96.98 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 10 SECONDS WEST, 20.00 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 50 SECONDS WEST, 100.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 54 MINUTES 10 SECONDS EAST, 20.00 FEET TO THE TO THE POINT OF BEGINNING. UTILITY EASEMENT 2 - SEE EXHIBIT "A", ATTACHED PART OF THE EAST HALF OF. THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 1,569 SQUARE FEET (0.04 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 11 BEGIN AT THE NORTHWEST CORNER OF LOT 38 OF DEER RUN ESTATES PHASE 2 AS RECORDED IN DOCUMENT NUMBER 2026- 02389 IN THE LAND RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT 38, SOUTH 00 DEGREES 28 MINUTES 31 SECONDS EAST, 115.53 FEET; THENCE LEAVING SAID WEST LINE, NORTH 75 DEGREES 03 MINUTES 35 SECONDS WEST, 25.72 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 25 SECONDS EAST, 55.67 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST, 55.04 FEET TO A POINT ON THE SOUTH LINE OF LOT 34 OF SAID DEER RUN ESTATES PHASE 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 34, NORTH 89 DEGREES 37 MINUTES 51 SECONDS EAST, 10.00 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 day of 2026. Robert F. Guard, or ATTEST: Courtney Davis, Deputy City Clerk 2 PERMANENT UTILITY EASEMENTS DEER RUN ESTATES PHASE 2 OFF-SITE IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS: FOREFRONT HOLDINGS, LLC, a Missouri Limited Liability Company, 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 (the "City"), permanent utility easements (these "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: UTILITY EASEMENT 1— SEE EXHIBIT "A", ATTACHED PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 2,000 SQUARE FEET (0.05 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 27 OF DEER RUN ESTATES PHASE 2 AS RECORDED IN DOCUMENT NUMBER 2026-02389 IN THE LAND RECORDS OF SAID COUNTY; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF RIFLE DRIVE, SOUTH 00 DEGREES 05 MINUTES 50 SECONDS EAST, 3.02 FEET; THENCE LEAVING SAID WEST LINE, CONTINUING SOUTH 00 DEGREES 05 MINUTES 50 SECONDS EAST, 96.98 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 10 SECONDS WEST, 20.00 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 50 SECONDS WEST, 100.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 54 MINUTES 10 SECONDS EAST, 20.00 FEET TO THE TO THE POINT OF BEGINNING. UTILITY EASEMENT 2 — SEE EXHIBIT "A", ATTACHED PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 1,569 SQUARE FEET (0.04 ACRES), Page 1 of 3 MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 38 OF DEER RUN ESTATES PHASE 2 AS RECORDED IN DOCUMENT NUMBER 2026-02389 IN THE LAND RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT 38, SOUTH 00 DEGREES 28 MINUTES 31 SECONDS EAST, 115.53 FEET; THENCE LEAVING SAID WEST LINE, NORTH 75 DEGREES 03 MINUTES 35 SECONDS WEST, 25.72 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 25 SECONDS EAST, 55.67 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST, 55.04 FEET TO A POINT ON THE SOUTH LINE OF LOT 34 OF SAID DEER RUN ESTATES PHASE 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 34, NORTH 89 DEGREES 37 MINUTES 51 SECONDS EAST, 10.00 FEET TO THE POINT OF BEGINNING. These Easements are granted for the purpose of enabling the City as well as its agents, servants, and assignees to use said property to excavate, build, and construct certain improvements in, on, upon, and across said property, together with all of the useful, necessary, and proper adjuncts, appurtenances, and appliances in connection therewith. Furthermore, these Easements are perpetual and shall run with the land. (Continued on following page) Page 2 of 3 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 have executed this Easement on this 30 day of janttarq , 20 a (o. FOREBAONT HOLDINGS, -LLC J' RobAMoss, Manager Manager STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) ON THIS t n day of- %hl�C VU- 20;.(p before me, a Notary Public in and for said State, personally appeared Justin MOW, Robert Moss, and Regina Moss, Managers of Forefront Holdings, LLC, a Missouri Limited Liability Company, known to 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 Limited Liability Company for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. , rrCyyATHY MILLERyy HSTATEuOF MISSrr0 RIaI Cape Girardeau County My Commission Expires; October 28, 2029 , ::-:-- Commission # 26398176 My Commission Expires: OC.v oc0,�&AQ ( AA ffLG- (Notary PubQ Signature) 0 ":�nv M ((Printed Name) Page 3 of 3 DEER RUN ESTATES PHASE 2 - UTILITY EASEMENT 1 EXHIBIT "A" LOT 37 ,� I � DEER IZLIN ESTATES PHASE 2 1706 NO. 202ro-023bq ; LOT 27 3 EXISTING UTILITY I j EASEMENT N 89'54'10"E 20.00'��� z co rn FOIZEFIZONT HOLPIN(::�S, LL6 h 170,-. NO. 2026,-01152 S89'54'10"W -Z7 20.00' w Lufl J LLm POINT OF BEGINNING SO'05'50"E 3.02' NEW 20' UTILITY EASEMENT EXISTING UTILITY EASEMENT PREPARED BY: STRICKLAND ENGINEERING 113 W. MAIN STREET SUITE 1 JACKSON, MO 63701 (573) 243-4080 LEGEND LOT LINE RIGHT-OF-WAY LINE -- EXISTING EASEMENT LINE NOT TO SCALE I NEW EASEMENT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF'SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 2,000 SQUARE FEET (0.05 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 27 OF DEER RUN ESTATES PHASE 2 AS RECORDED IN DOCUMENT NUMBER 2026-02389 IN THE LAND RECORDS OF SAID COUNTY; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF RIFLE DRIVE, SOUTH 00 DEGREES 05 MINUTES 50 SECONDS EAST, 3.02 FEET; THENCE LEAVING SAID WEST LINE, CONTINUING SOUTH 00 DEGREES 05 MINUTES 50 SECONDS EAST, 96.98 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 10 SECONDS WEST, 20.00 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 50 SECONDS WEST, 100.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 54 MINUTES 10 SECONDS EAST, 20.00 FEET TO THE TO THE POINT OF BEGINNING. DEER RUN ESTATES PHASE 2 - UTILITY EASEMENT 2 EXHIBIT "A" �DEEIZ IZLIN ESTATES I PHASE 2 D`OG NO. 202ro-023bl-11 b I � LOT 34 LOT 33 i EXISTING UTILITY 7�— EASEMENT i� POINT OF Q -W4 y C9 N89'3T51"E BEGINNING 1 Q 10.00' 6e IEXISTING UTILITY EASEMENT Li E NO'28'31"WI L Q 55.04' I 1A � ^_ N14'56'25"E� "� LOT �b Q 55.67' 1OD4 0 NEW UTILITY N PREPARED BY: EASEMENT STRICKLAND ENGINEERING / 113 W. MAIN STREET SUITE 1 JACKSON, MO 63701 (573) 243-4080 N75'03'35"W-7 LEGEND 25.72' LOT LINE FOIZEFIZONT HOLDINGS, Ll-r- FRANK �AIZIZETT & - - RIGHT-OF-WAY LINE DOG. NO. 202ro-01152 TANA WATSON ��.. __. __ EXISTING EASEMENT DDG. NO. 2020-1427' LINE NOT TO SCALE NEW EASEMENT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 1,569 SQUARE FEET (0.04 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 38 OF DEER RUN ESTATES PHASE 2 AS RECORDED IN DOCUMENT NUMBER 2026-02389 IN THE LAND RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT 38, SOUTH 00 DEGREES 28 MINUTES 31 SECONDS EAST, 115.53 FEET; THENCE LEAVING SAID WEST LINE, NORTH 75 DEGREES 03 MINUTES 35 SECONDS WEST, 25.72 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 25 SECONDS EAST, 55.67 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST, 55.04 FEET TO A POINT ON THE SOUTH LINE OF LOT 34 OF SAID DEER RUN ESTATES PHASE 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 34, NORTH 89 DEGREES 37 MINUTES 51 SECONDS EAST, 10.00 FEET TO THE POINT OF BEGINNING.