HomeMy WebLinkAboutOrd.4562.04-07-2014BILL NO. 14-44 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY
FOR THE KINGSWAY SIDEWALK PROJECT, 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 Staff is authorized and directed
to acquire certain property from Kristel D. Priest Living
Trust dated September 15, 2009, or current owner(s), needed
for a Temporary Construction Easement and Right -of -Way for
the Kingsway Sidewalk Project, from Storey's Food Giant to
Janet Drive, in the City of Cape Girardeau, Missouri. The
City staff is hereby authorized and directed to accept
offers of donation of property needed, make appropriate
offers of purchase to the owner(s) of the properties based
on values provided by professional appraisers; to negotiate
with the owner(s) of the property in an effort to reach
agreement for the purchase of the property needed and if
the negotiations fail, then to proceed to acquire the
needed properties through the exercise of the City's powers
of Eminent Domain. All of the above actions heretofore
taken by City Staff relating to this Project are hereby
authorized and ratified by the City Council.
Temporary Construction Easement Description
(Kristel D. Priest Living Trust dated September
15, 2009)
THAT PART OF LOT 1, BLOCK 3 OF CAMPBELL AND
WILKINSON'S SUBDIVISION AS SHOWN BY PLAT RECORDED
IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED
STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
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Commence at the Northwest Corner of said Lot 1,
Block 3 of Campbell and Wilkinson's Subdivision
as shown by plat thereof recorded in Plat Book
5 at Page 39 of the Land Records of Cape
Girardeau County, Missouri, said point also
being on the Easterly Right of Way Line of
Kingsway Drive; thence along said Easterly Right
of Way Line of said Road, South 35°23'28" East,
29.20 feet to the point of beginning; thence
leaving the Easterly Right of Way Line of said
Road, North 75°09'07" East, 5.00 feet; thence
North 14°50'53" West, 16.21 feet; thence North
07°26'11" East, 12.68 feet to a point on the
South Right of Way Line of Janet Drive; thence
along the South Right of Way Line of said Road,
South 73°24'32" West, 5.47 feet; thence leaving
South Right of Way Line of said Road, South
07026'11" West, 11.44 feet; thence South
14°50'53" East, 17.20 feet to the point of
beginning and containing 0.003 acres, more or
less, subject to any easement or right of way of
record, as shown on accompanying plat.
Right -of -Way Description
(Kristel D. Priest Living Trust dated September
15, 2009)
THAT PART OF LOT 1, BLOCK 3 OF CAMPBELL AND
WILKINSON'S SUBDIVISION AS SHOWN BY PLAT RECORDED
IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED
STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Northwest Corner of said Lot 1,
Block 3 of Campbell and Wilkinson's Subdivision
as shown by plat thereof recorded in Plat Book 5
at Page 39 of the Land Records of Cape Girardeau
County, Missouri, said point also being on the
Easterly Right of Way Line of Kingsway Drive;
thence along said Easterly Right of Way Line of
said Road, South 35°23'28" East, 29.20 feet;
thence North 14°50153" West, 17.20 feet; thence
North V'26'11" East, 11.44 feet to a point on
the South Right of Way Line of Janet Drive;
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thence along the South
Road, South 73°24'32"
point of beginning and
more or less.
Right of Way Line of said
West, 14.59 feet to the
containing 0.004 acres,
ARTICLE 2. The Council of the City of Cape Girardeau,
Missouri hereby finds and declares that the acquisition of
the above-described properties is for a public use and that
such acquisition is within the scope of the authority or
power of the City of Cape Girardeau, Missouri, and that the
acquisition of the properties is reasonable and necessary
for public use in order to provide for the construction of
a sidewalk from Storey's Food Giant to Janet Drive, along
Kingsway Drive, in the City of Cape Girardeau, Missouri.
ARTICLE 3. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2014.
ATTEST:
GayleJL. Conrad
City Clerk
Harry E. ediger, Mayor
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