HomeMy WebLinkAboutOrd.4194.01-25-2011 BILL NO. 11-12
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO IOC-CAPE GIRARDEAU LLC FOR
REAL PROPERTY LOCATED 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 IOC-Cape Girardeau LLC, as a part of the Isle of
Capri Project, for real property located in the City of Cape
Girardeau, Missouri more particularly described as follows :
Parcel 1
ALL OF LOT 97 OF RANGE P OF INGRAM'S ADDITION, THE SOUTH 10
FEET OF LOT 98 OF SAID INGRAM'S ADDITION, PART OF LOTS 100
AND 101 OF INGRAM'S ADDITION, AND PART OF A VACATED ALLEY
BETWEEN LOTS 96 THROUGH 98 AND LOTS 99 THROUGH 101 OF SAID
INGRAM'S ADDITION, AND PART OF THE EAST '/2 OF VACATED
SPANISH STREET BETWEEN LOTS 93 AND 98, ALL WITHIN RANGE `P'
OF SAID INGRAM'S ADDITION (AS SET OUT IN PLAT BOOK 1 AT PAGE
6 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY), AND
BEING ALL WITHIN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN at the Northwest corner of Lot 997 of said Ingram's Addition, thence with
the west line thereof, South 05'50'17" West, 114.00 feet to the Southwest corner
of said Lot 997, thence the south line of said Lot 97, and said line extended into a
vacated alley, South 83°54'47" East, 197.97 feet to a point on the west line of
Main Street, thence with said west line, along the arc of a curve concave to the
southeast and having a radius of 434.29 feet, a distance of 48.86 feet (the chord
across said arc bearing North 24°09'03" East, 48.84 feet), thence continuing
along the west line of Main Street, North 27°22'26" East, 83.25 feet, to the
intersection of the west line of Main Street with a line 10' north of(as measured
normal thereto) the north line of Lot #100 of said Ingram's Addition, thence
North 83°54'47" West, 10 feet north of and parallel to the north line of Lots 100
and 97, 273.88 feet, to a point in the center of vacated Spanish Street, thence with
the center of said street, South 05'50'17" West, 10.00 feet to a point on a
westward projection of the North line of Lot #97 of Range P of Ingram's
Addition, thence with said North line extended, South 83°54'47" East, 30.00 feet
to the place of beginning, and containing 0.633 acres, more or less, and being
subject to easements of record.
Parcel 2
Tract 1 (839 N.Main): A part of the East Half of lot Forty-seven (47)in Range "O" in Ingram's
Addition in the City of Cape Girardeau,Missouri, more particularly described by metes and
bounds as follows: Begin at the northeast corner of said Lot 47,being at the intersection of North
Main Street and Mason Street; thence run South along the west line of Main Street, a distance of
42 1/2 feet to the place of beginning; thence continue south along the said west line of Main Street,
a distance of 42 1/2 feet to the southeast corner of said Lot 47; thence run West along the south
line of said Lot 47 a distance of 91 1/2 feet to a point; thence run North parallel with Main Street a
distance of 85 feet to a point in the South line of Mason Street; thence run east along the south line
of Mason Street a distance of eight(8)feet to a point; thence run south parallel with Main Street a
distance of 42 1/2 feet to a point;thence run east parallel with Mason Street a distance of 83 1/2
feet to the place of beginning.
Tract 2 (843 N. Main): All of the North Half of the East Half of Lot Forty-seven(47) in Range
"O" of Ingram's Addition in the City and County of Cape Girardeau, described as follows: Begin
at the Northeast corner of said Lot No.47,being at the intersection of North Main and Mason
Streets; thence South,along the West line of Main Street,42 1/2 feet; thence West 91.5 feet; thence
North 42 1/2 feet to the South line of Mason Street; thence East,along the South line of Mason
Street,91.5 feet to the place of beginning
EXCEPT that part conveyed by Doyle K. Varnum and Leola B. Varnum to Ethel IC Bechel and
Wilma Bechel by Warranty Deed recorded in Book 212 at Page 469.
Parcel 3
Tract 1:
Part of Lot Forty-seven (47) in Range "O" of Ingram's Addition to the City of Cape Girardeau,
Missouri,as shown by plat recorded in Plat Book 1 at Page 6,described as follows: Beginning at
the northwest corner of said Lot 47, being at the intersection of North Spanish and Mason Streets;
thence running East,91.5 feet along Mason Street; thence South parallel with North Spanish
Street,42.5 feet; thence West parallel with Mason Street,91.5 feet to North Spanish Street; thence
North along North Spanish Street,42.5 feet,to the place of beginning.
Tract 2:
All of the West half of the South half of Lot No.47 in Range "O" of Ingram's Addition to the City
of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book I at Page 6, being 42 1/2 feet
by 91 1/2 fet located on Spanish Street.
Parcel 4
All that part of Lot No. 95 in Range "P" of Ingnun's Addition in the City of Cape
Girardeau, Missouri, as shown_by Plat recorded in Plat Book 1 at Page 6, land records of
Cape Girardeau County, Missouri described as follows:
Beginning at the southwest corer of said Lot No. 95,Range '7% run thence eastward 137
feet for a corner; thence north, parallel with Spanish Street, 114 feet; thence West, parallel
with Mason Street, 137 feet; thence South along the west side of said Lot, 114 feet, to the
point of beginning.
Parcel 5
All of the North 42 1/2 feet of the East 911/2 feet of Lot Forty-eight (48) in Range "O" of Ingram's
Addition to the City of Cape Girardeau, Missouri.
Parcel 6
All that part of Lot No.48 in Range"O"of Ingram's Addition to the City of Cape Girardeau,Missouri,
described as follows:
Commencing at the southeast corner of said Lot No.48,Range"O",run West 91.5 feet;thence North 42.5
feet; thence East 91.5 feet to Main Street; thence south along the west line of Main Street 42.5 feet to the point
of beginning.
ARTICLE 2 . Pursuant to Section 3 . 15 (c) of the Charter of
the City of Cape Girardeau, Missouri, this measure is adopted as
an emergency measure because it constitutes a Bill concerning
the immediate preservation of public peace, property, health,
safety or morals, due to the fact that the Development Agreement
dated September 20 , 2010, between the City and IOC-Cape
Girardeau LLC, requires this transfer to occur by January 29,
2011 . Accordingly, this ordinance will take effect immediately
upon its passage and approval .
PASSED AND APPROVED THIS DAY OF I`/ 20
Harry E. Rediger, Mayor
ATTEST:
TP
TA
Gayle Conrad, Ci �1erk }1`�,\
�� T 1 E
City of Cape Girardeau
Development Services Department
Engineering Division
PO Box 617, Cape Girardeau, Missouri 63702-0617
a Phone (573) 339-6327 Fax (573) 339-6303
February 1, 2011
Mr. Richard Meister
isle of capri Casinos Inc.
600 Emerson Road, Suite 300
St. Louis, Missouri 63141
Subject: Quit Claim Deed Transferring Ownership of Six Parcels as Recorded
In County Records of Cape Girardeau County, Missouri
Dear Mr. Meister;
I am sending the original Quit Claim Deed for six (6) parcels of property
that were owned by the City of Cape Girardeau and that have been transferred to
the IOC-Cape Girardeau LLC by the City for your use in constructing a casino
complex in the northeast portion of our community. This Quit Claim Deed has
been recorded in the County Records of Cape Girardeau County as Document #
2011-01219 on January 26, 2011 at 1:22 PM. The City Council authorized this
transfer of City owned property by Ordinance No. 4194 at their Council meeting
on January 25, 2011.
If you have any questions or concerns, do not hesitate to contact this office.
Sincerely,
Kelly Green, P. E.
City Engineer
KG/mb
Enclosure-1
8021437
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Tx:4014198
DOCUMENT�
2011-01219
SCOTT R CLARK
tti� RECORDER Or DEEDS
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CAPE GIRARDEAI! COUNTY, MO
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Title of Document: Quit Claim Deed
Date of Document: January -45, 2011
Grantor: City of Cape Girardeau, Missouri
Grantor's Address: City Hall
401 Independence, P.O. Box 617
Cape Girardeau, MO 63702-0617
Grantee: IOC-Cape Girardeau LLC
Grantee's Address: 600 Emerson Road, Suite 300
St. Louis, MO 63141
Full Legal Description:
Legal Descriptions are contained in Exhibit A on pages 4 - 9 hereof.
1
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made and entered into as of the o?5 day of January,
2011, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a constitutional
charter city and political subdivision of the State of Missouri, whose address is 401
Independence, P.O. Box 617, Cape Girardeau, Missouri 63702 ("GRANTOR"), and IOC-
CAPE GIRARDEAU LLC, a Missouri limited liability company, whose address is 600
Emerson Road, Suite 300, St. Louis, Missouri 63141 ("GRANTEE").
WITNESSETH, that GRANTOR, for and in consideration of the sum of One and
No/100 Dollars ($1.00) and other good and valuable consideration in hand paid by GRANTEE,
the receipt and sufficiency of which are hereby acknowledged, does by these presents REMISE,
RELEASE, AND FOREVER QUIT CLAIM unto GRANTEE and its successors and assigns,
all of the real property described in Exhibit A attached hereto and incorporated herein for all
purposes, and located in the City of Cape Girardeau, County of Cape Girardeau, State of
Missouri (the "Property").
TO HAVE AND TO HOLD the Property, together with all rights and appurtenances to
the same belonging, unto GRANTEE, and unto GRANTEE'S successors and assigns forever. So
that neither GRANTOR, nor its successors and assigns, nor any other person or persons for it or
in its name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid
Property, or any part thereof, but it and every one of them shall, by these presents, be excluded
and forever barred.
IN WITNESS WHEREOF, GRANTOR has executed and affixed its official seal to this
Quit Claim Deed as of the date first above written.
GRANTOR:
GIP" CITY OF CAPE GIRARDEAU, MISSOURI
q
COO
Harry E. ediger, Mayor
Gayle onrad
City Clerk
2
STATE OF MISSOURI )
) SS.
CAPE GIRARDEAU COUNTY )
On this g 4 day of January, 2011, before me, a Notary Public in and for said state,
personally appeared Harry E. Rediger, who by me duly sworn, did say that he is the Mayor of the
City of Cape Girardeau, Missouri, a Missouri municipal corporation, and that the seal affixed to
the foregoing instrument is the official seal of the City, and that said instrument was signed and
sealed on behalf of the City by authority of its City Council, and he acknowledged said
instrument to be the free act and deed of the City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, on the day and year first above written.
Notary Public
LADQNNA LAUB
�_� T A Gam. My Commission Expires
My Commission Expires: - NDTARY;
*' —•— August 4,2011
SEAL Soott County
Commission#07462254
Exhibit A
Legal Descriptions
Parcel 1
ALL OF LOT 97 OF RANGE P OF INGRAM'S ADDITION, THE SOUTH 10 FEET OF LOT
98 OF SAID INGRAM'S ADDITION, PART OF LOTS 100 AND 101 OF INGRAM'S
ADDITION, AND PART OF A VACATED ALLEY BETWEEN LOTS 96 THROUGH 98
AND LOTS 99 THROUGH 101 OF SAID INGRAM'S ADDITION, AND PART OF THE
EAST 1/2 OF VACATED SPANISH STREET BETWEEN LOTS 93 AND 98, ALL WITHIN
RANGE `P' OF SAID INGRAM'S ADDITION (AS SET OUT IN PLAT BOOK 1 AT PAGE 6
IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY), AND BEING ALL WITHIN
TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN at the Northwest corner of Lot #97 of said Ingram's Addition, thence with the west line
thereof, South 05'50'17" West, 114.00 feet to the Southwest corner of said Lot #97, thence the
south line of said Lot 97, and said line extended into a vacated alley, South 83054'47" East,
197.97 feet to a point on the west line of Main Street, thence with said west line, along the arc of
a curve concave to the southeast and having a radius of 434.29 feet, a distance of 48.86 feet (the
chord across said arc bearing North 24°09'03" East, 48.84 feet), thence continuing along the
west line of Main Street, North 27°22'26" East, 83.25 feet, to the intersection of the west line of
Main Street with a line 10' north of(as measured normal thereto) the north line of Lot #100 of
said Ingram's Addition, thence North 83°54'47" West, 10 feet north of and parallel to the north
line of Lots 100 and 97, 273.88 feet, to a point in the center of vacated Spanish Street, thence
with the center of said street, South 05'50'17" West, 10.00 feet to a point on a westward
projection of the North line of Lot #97 of Range P of Ingram's Addition, thence with said North
line extended, South 83°54'47" East, 30.00 feet to the place of beginning, and containing 0.633
acres, more or less, and being subject to easements of record.
4
Parcel 2
Tract 1 (839 N.Main): A part of the East Half of lot Forty-seven(47)in Range "O" in Ingram's
Addition in the City of Cape Girardeau,Missouri, more particularly described by metes and
bounds as follows:Begin at the northeast corner of said Lot 47,being at the intersection of North
Main Street and Mason Street; thence run South along the west line of Main Street,a distance of
42 1/2 feet to the place of beginning; thence continue south along the said west line of Main Street,
a distance of 42 1/2 feet to the southeast corner-of said Lot 47; thence run West along the south
line of said Lot 47 a distance of 91 1/2 feet to a point; thence run North parallel with Main Street a
distance of 85 feet to a point in the South line of Mason Street; thence ran east along the south line
of Mason Street a distance of eight(8)feet to a point;thence run south parallel with Main Street a
distance of 42 I/2 feet to a point;thence run east parallel with Mason Street a distance of 83 1/2
feet to the place of beginning.
Tract 2(843 N.Main): All of the North Half of the East Half of Lot Forty-seven(47)in Range
"O"of Ingram's Addition in the City and County of Cape Girardeau,described as follows: Begin
at the Northeast corner of said Lot No.47,being at the intersection of North Main and Mason
Streets; thence South,along the West line of Main Street,42 1/2 feet; thence West 91.5 feet;thence
North 42 112 feet to the South line of Mason Street; thence East,along the South line of Mason
Street,91.5 feet to the place of beginning
EXCEPT that part conveyed by Doyle K Varnum and Leola B. Varnum to Ethel K Bechel and
Wilma Bechel by Warranty Deed recorded in Book 212 at Page 469.
Parcel 3
Tract 1:
Part of Lot Forty-seven(47) in Range "O" of Ingram's Addition to the City of Cape Girardeau,
Missouri,as shown by plat recorded in Plat Book 1 at Page 6,described as follows: Beginning at
the northwest corner of said Lot 47,being at the intersection of North Spanish and Mason Streets;
thence running East,91.5 feet along Mason Street;thence South parallel with North Spanish
Street,42.5 feet; thence West parallel with Mason Street,91.5 feet to North Spanish Street; thence
North along North Spanish Street,42.5 feet,to the place of beginning.
Tract 2:
All of the West half of the South half of Lot No.47 in Range "O" of Ingram's Addition to the City
of Cape Girardeau,Missouri,as shown by plat recorded in Plat Book 1 at Page 6,being 42 1/2 feet
by 91 1/2 fet located on Spanish Street.
6
Parcel 4
All that part of Lot No. 95 in Range 'T" of Ingrain's Addition in the City of Cape
Girardeau, Missouri,as shown by Plat recorded in Plat Boob 1 at Page 6,land records of
Cape Girardeau County,Missouri described as follows:
Beginning at the southwest corner of said Lot No. 95,Range"P", run thence eastward 137
feet for a corner; thence north, parallel with Spanish Street, 114 feet; thence West,parallel
with Mason Street, 137 feet;thence South along the west side of said Lot, 114 feet, to the
point of beginning
7
Parcel 5
All of the North 42 1/2 feet of the East 911/2 feet of Lot Forty-eight(48) in Range "O" of Ingram's
Addition to the City of Cape Girardeau,Missouri.
8
Parcel 6
All that part of Lot No.48 in Range"O"of Ingram's Addition to the City of Cape Girardeau,Missouri,
described as follows:
J
Commencing at the southeast corner of said Lot No,48,Range"O",run West 91.5 feet;thence North 42.5
feet thence East 91.5 feet to Main Street;thence south along the west line of Main Street 42.5 feet to the point
of beginning
9