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HomeMy WebLinkAboutOrd.4383.11-05-2012BILL NO. 12-148 ORDINANCE NO. '(&13 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO DRURY SOUTHWEST, INC., FOR PROPERTY AT 846 FOX LANE, 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 Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Quit Claim Deed to Drury Southwest, Inc., for property at 846 Fox Lane, in the City of Cape Girardeau, Missouri, more particularly described as follows, to -wit: LOCATED IN A PART OF UNITED STATES PRIVATE SURVEYS 174 AND 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the intersection of the west right of way line of Interstate Route 55 and the north right of way line of Missouri State Route 74, said point being 128.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1267+50.52 and said point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 23+20.46; Thence along the north right of way of Missouri State Route 74 the following courses and distances: S 51057151" W, 54.30 feet to a point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 22+66.16; Thence S 51058'08" W, 566.16 feet to a point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 17+00.00; Thence N 38°01'52" W, 119.75 feet to a point being 299.75 feet northerly of and normal to the centerline of Missouri State Route 74 station 17+00.00; Thence S 48013106" W, 113.35 feet to a point being 292.34 feet northerly of and normal to the centerline of Missouri State Route 74 station 15+86.89 said point being on the easterly right of way of Siemers Drive and said point being the beginning of a non -tangent curve concave to the northeast having a central angle of 22°12'25" and a radius of 920.43 feet from which point a radial line bears N 61018'29" E; Thence along said curve and right of way in a northwesterly direction, 356.75 feet; Thence continuing along said right of way the following courses and distances: N 06029106" W, 361.25 feet to the beginning of a curve concave to the southwest having a central angle of 26°34'44" and a radius of 1472.39 feet; Thence along said curve in a northwesterly direction, 683.03 feet; Thence N 27°01'16" E, 50.53 feet to a point on the southerly right of way of Bloomfield Road said point being 150.00 feet southerly of and normal to the centerline of Bloomfield Road station 50+34.20; Thence leaving the easterly right of way of Siemers Drive and along the southerly right of way of Bloomfield Road the following courses and distances: N 13019'52" E, 108.33 feet to a point being 75.00 feet southerly of and normal to the centerline of Bloomfield Road station 49+55.00; Thence N 58031146" E, 202.34 feet to a point being 75.60 feet southerly of and normal to the centerline of Bloomfield Road station 47+51.10; Thence S 89°35'40" E, 124.98 feet to a point being 141.28 feet southerly of and normal to the centerline of Bloomfield Road station 46+44.77; Thence S 74020120" E, 50.98 feet to a point on the west right of way line of Interstate Route 55, said point being 274.26 feet westerly of and normal to the centerline of Interstate Route 55 station 1253+92.85, said point also being the beginning of a non -tangent curve concave to the southwest having a central angle of 56°21'09" and a radius of 328.00 feet from which point a radial line bears S 12°21'01" W; Thence leaving the southerly right of way of Bloomfield Road and along said curve and west right of way of Interstate Route 55 in a southeasterly direction, 322.60 feet to a point being 128.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1256+65.90; Thence continuing along said right of way, S 21°17'50" E, 1084.62 feet to the Point of Beginning, containing 21.37 acres, more or less. ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS � DAY OFAroye/rkr , 2012. 6L�r�� Harry E. Rediger, Mayor ATTEST: 433 My C6 I111111111EI1111111I�I�Q DOCUMENT4 2412-14882 SCOTT R CLARK RECORDER OF DEEDS CAPE GIRARDEAkU COUNTY, MO RECORDED ON 11/26/2012 2:37 PM REL FEE, 33,00 PAGESt 4 (ABOVE SPACE RESERVED FOR RECORDER OF DEEDS' USE) Document Title: Quit Claim Deed Document Date: May 4, 2012 Grantor Names: City of Cape Girardeau, Missouri Grantee Names: Drury Southwest, Inc. Statutory Address: 101 S. Farrar Drive, Cape Girardeau, MO 63701 Legal Description: See Exhibit A, attached hereto and incorporated herein. Reference Book and Page: N/A QUIT CLAIM DEED THIS INDENTURE, is made on the 4th day of May, Two Thousand and Twelve, by and between City of Cape Girardeau, Missouri, a municipal corporation ("Grantor"), and Drury Southwest, Inc., a Missouri corporation ("Grantee"). Mailing address of Grantee is 101 S. Farrar Drive, Cape Girardeau, MO 63701. WITNESSETH, that the said Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, convey and forever QUITCLAIM unto the said Grantee, all of the right, title, interest and claim, which Grantor has in and to the following described parcel of land, and improvements and appurtenances thereto, situated in the County of Cape Girardeau and State of Missouri, to wit: See the legal description on Exhibit A'which is attached hereto and incorporated herein by this reference ("Property"), excepting Grantor's interest in the Property obtained pursuant to that certain Sanitary Sewer Easement dated May 4, 2012, and recorded November 16, 2012 as document number 2012-14577. TO HAVE AND TO HOLD the said described property to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to said premises or appurtenances, or any rights thereof. Page 1 of 2 IN WITNESS WHEREOF, the said Grantor has set their hand the day and year first above written. City of Cape Girardeau, Missouri Drury Southwest, Inc. By' C By: S Harry E. R diger, City Mayor Carolyn F. ACKNOWLEDGMENT STATE OF MISSOURI ) SS. COUNTY OF CAPE GIItARDEAU ) �^ Sr. �"^CM49011A1,'�� On this 24h day of September, 2012, before me appeared Carolyn F. Bohnert, to me personally known, who, being by me duly sworn, did say that she is a Sr. Vice President of Drury Southwest, Inc., a Missouri corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its board; and said Carolyn F. Bohnert acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. KAREN SEABAUGH / Notary Public - Notary Seal STATE OF MISSOURI Notary Public for Cape Girardeau County ary M term expires: 3�101(L My Commission Expires Mer. 10, 2016 My p Commission #12545592 STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this 9'`'day of tjCve jib, 2012, before me appeared Harry E. Rediger, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, Missouri, a Missouri rnufodbaww , and that said instrument was signed and sealed in behalf of said City, by authority of its .h I ; and said Flarru C Pu dl1_ a @ r acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. OL. 0IMP11", CAROUL PETERS Notary Public My term expires: jVi 17/1 °off V P BG'; M Commission Expires '_; 'NCTARY ; ; : My 17,20`12 ua•.,SEAL ;; Cape Girardeau County Commission #06604121 -2- EXHIBIT A Legal Description of the Property LOCATED IN A PART OF UNITED STATES PRIVATE SURVEYS 174 AND 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: Beginning at the intersection of the west right of way line of Interstate Route 55 and the north right of way line of Missouri State Route 74, said point being t28.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1267+50.52 and said point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 23+20.46; Thence along the north right of way of Missouri State Route 74 the following courses and distances: S 5 P 57' 51" W, 54.30 feet to a point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 22+66.16; Thence S 51° 58'08" W, 566.16 feet to a point being 180.00 feet northerly of and normal to the centerline of Missouri State Route 74 station 17+00.00; Thence N 38° 01'52" W, 119.75 feet to a point being 299.75 feet northerly of and normal to the centerline of Missouri State Route 74 station 17+00.00; Thence S 48° 13'06" W, 113.35 feet to a point being 292.34 feet northerly of and normal to the centerline of Missouri State Route 74 station 15+86.89 said point being on the easterly right of way of Siemers Drive and said point being the beginning of a non -tangent curve concave to the northeast having a central angle of 22° 12' 25" and a radius of 920.43 feet from which point a radial line bears N 61° 18'29 " E; Thence along said curve and right of way in a northwesterly direction, 356.75 feet; Thence continuing along said right of way the following coarses and distances: N 06° 29'06" W, 361.25 feet to the beginning of a curve concave to southwest having a central angle of 26° 34'44" and a radius of 1472.39 feet; Thence along said curve in a northwesterly direction, 683.03 feet; Thence N 27° 01' 16" E, 50.53 feet to a point on the southerly right of way of Bloomfield Road said point being 150.00 feet southerly of and normal to the centerline of Bloomfield Road station 50+34.20; Thence leaving the easterly right of way of Siemers Drive and along the southerly right of way of Bloomfield Road the following courses and distances: N 13° 19' 52" E, 108.33 feet to a point being 75.00 feet southerly of and normal to the centerline of Bloomfield Road station 49+55.00; Thence N 58° 31' 46" E, 202.34 feet to a point being 75.60 feet southerly of and normal to the centerline of Bloomfield Road station 47+51.10; Thence S 89° 35'40" E, 124.98 feet to a point being 141.28 feet southerly of and normal to the centerline of Bloomfield Road station 46+44.77; Thence S 74° 20'20" E, 50.98 feet to a point on the west right of way line of Interstate Route 55, said point being 274.26 feet westerly of and normal to the centerline of Interstate Route 55 station 1253+92.85, said point also being the beginning of a non -tangent curve concave to the southwest having a central angle of 560 21' 09" and a radius of 328.00 feet from which point a radial line bears S 12° 21' 01 " W; Thence leaving the southerly right of way of Bloomfield Road and along said curve and west right of way of Interstate Route 55 in a southeasterly direction, 322.60 feet to a point being 128.00 feet westerly of and normal to the centerline of Interstate Route 55 station 1256+65.90; Thence continuing along said right of way, S 21° 17' 50" E, 1084.62 feet to the Point of Beginning, containing 21.37 acres, more or less. 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