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HomeMy WebLinkAboutOrd.4231.05-16-2011 BILL NO. 11-74 ORDINANCE NO. ��/ AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST, PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE RE- ALIGNMENT OF NORTH MAIN STREET 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 a permanent utility easement from Cape Girardeau Historic Restoration, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street,more particularly described as follows, to-wit: ALL OF THAT PART OF OUTLOT#32 OF UNITED STATES PRIVATE SURVEY NUMBER 2199, IN RANGE M OF THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southeast corner of Lot 7 of Range M of Ingram's Addition, said point being on the west line of a parcel of land described in Deed Document 2004-13437, thence with the west line of said tract, South 06°14'50" West, 14.00 feet to the Southwest corner of said tract, thence along the South line of said tract described in Deed Document 2004-13437 South 83°36'55"East, 72.71 feet, to the place of beginning; thence along the arc of a non-tangent curve concave to the southwest and having a radius of 258.00 feet, a distance of 106.07 feet, (the chord across said arc bears South 15°06'41"East, 105.33 feet), thence South 83°36'55"East, 10.14 feet, thence along the arc of a non-tangent curve concave to the southwest and having a radius of 268.00 feet, a distance of 105.38 feet (the chord across said arc bears North 14°13'57''West, 104.71 feet), thence North 83°36'55"West, 11.87 feet,to the place of beginning and containing 1,057 square feet, more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts fee simple interest from Cape Girardeau Historic Restoration, LLC, conveying property to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street, more particularly described as follows, to-wit: ALL OF THAT PART OF OUTLOT#32 OF UNITED STATES PRIVATE SURVEY NUMBER 2199, IN RANGE M OF THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southeast corner of Lot 7 of Range M of Ingram's Addition, said point being on the west line of a parcel of land described in Deed Document 2004-13437, thence with the west line of said tract, South 06°14'50"West, 14.00 feet to the Southwest corner of said tract, thence along the South line of said tract described in Deed Document 2004-13437 South Page 1 of 6 83°36'55"East, 84.57 feet, to the place of beginning; thence continue along the South line of said tract described in Deed Document 2004-13437 South 83°36'55"East,44.13 feet to the Southeast corner of said parcel, said point being on the present west right of way line of Main Street, thence with said west right of way line, South 06°14'50"West, 98.00 feet to the Southeast corner of the Reynolds House Tract, thence with the South side of said parcel,North 83°36'55" West, 7.49 feet,thence along the arc of a non-tangent curve concave to the southwest and having a radius of 268.00 feet, a distance of 105.38 feet (the chord across said arc bears North 14°13'57"West, 104.71 feet, to the place of beginning and containing 2,168 square feet, more or less. ALSO: ALL OF THAT PART OF OUTLOT#32 OF UNITED STATES PRIVATE SURVEY NUMBER 2199, IN RANGE M OF THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH,RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southeast corner of Lot 7 of Range M of Ingram's Addition, said point being on the west line of a parcel of land described in Deed Document 2004-13437, thence with the south line of Ingram's Addition, South 88°10'48"West, 82.24 feet, to the place of beginning; thence continue South 88°10'48"West,4.26 feet, to a point on the east line of Spanish Street, thence with the east line of said Spanish Street, South 06°14'50"West, 46.95 feet, thence leaving Spanish Street, along the arc of a non-tangent curve concave to the Southeast and having a radius of 270.00 feet, a distance of 47.80 feet (the chord across said arc bears North 11°19'08"East, 47.74 feet),to the place of beginning and containing 65 square feet, more or less. ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts fee simple interest from Hawthorn Group, LLC, conveying property to the City of Cape Girardeau, Missouri for the re-alignment. of North Main Street, more particularly described as follows, to-wit: ALL OF THAT OUTLOT#32 OF UNITED STATES PRIVATE SURVEY NUMBER 2199, IN RANGE M OF THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southeast corner of Lot 7 of Range M of Ingram's Addition, said point being on the west line of a parcel of land described in Deed Document 2004-13437, thence with the west line of said tract, South 06°14'50"West, 14.00 feet to the Southwest corner of said tract, thence along the South line of said tract described in Deed Document 2004-13437 South 83°36'55"East, 128.70 feet,to a point on the west right of way line of Main Street, thence with said west right of way line, South 06°14'50"West, 98.00 feet,to the northeast corner of a parcel described in Deed Book 1075, at page 0127,the place of beginning; Thence continue South 06°14'40"West, 33.78 feet, thence leaving the existing west right of way line of Main Street, North 02°56'43"West, 34.23 feet to a point on the north line of said tract recorded in Deed Book 1075, at page 0127, and thence with said line, South 83°36'55"East, 5.47 feet, to the place of beginning and containing 92 square feet, more or less. ARTICLE 4. The City of Cape Girardeau,Missouri hereby accepts a permanent utility easement from Hawthorn Group, LLC, conveying an easement to the City of Cape Girardeau,Missouri for the re- alignment of North Main Street,more particularly described as follows, to-wit: Page 2 of 6 ALL OF THAT OUTLOT#32 OF UNITED STATES PRIVATE SURVEY NUMBER 2199,IN RANGE M OF THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southeast corner of Lot 7 of Range M of Ingram's Addition, said point being on the west line of a parcel of land described in Deed Document 2004-13437, thence with the west line of said tract, South 06°14'50"West, 14.00 feet to the Southwest comer of said tract, thence along the South line of said tract described in Deed Document 2004-13437 South 83°36'55"East, 128.70 feet, to a point on the west right of way line of Main Street, thence with said west right of way line, South 06°14'50"West, 131.78 feet, the place of beginning; thence leaving the existing west right of way line of Main Street,North 02056143"West, 34.23 feet to a point on the north line of said tract recorded in Deed Book 1075, at page 0127, and thence with said line,North 83036'55"West, 10.13 feet; thence South 02-57'21"East, 34.60 feet,thence South 85-40'22"East, to the place of beginning and containing 344 square feet, more or less. ARTICLE 5. The City of Cape Girardeau,Missouri hereby accepts a permanent utility easement from John Dietiker,Jr. and Minnie Dietiker, conveying an easement to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street, more particularly described as follows, to-wit: ALL OF THAT LOT 92 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at a point on the north line of Lot Number 92 of Range P of Ingram's Addition, said point being also at the southwest corner of the intersection of Chestnut Street and Olive Street, thence with the South line of Olive Street,North 83°54'47"West, 10.01 feet, thence South 08°52'06" West, parallel with the west line of Chestnut Street, 68.12 feet to a point on the north line of a tract of land conveyed in Deed Document 2007-11182, thence with the north line of said parcel, South 81°49'09"East, 10.00 feet to the west line of Chestnut Street, and thence with said line, North 08°52'06"East, 68.48 feet to the place of beginning and containing 683 square feet, more or less. ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement from John Dietiker, Jr. and Minnie Dietiker, conveying an easement to the City of Cape Girardeau,Missouri for the re-alignment of North Main Street,more particularly described as follows, to-wit: ALL OF THAT LOT 92 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH,RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a point on the north line of Lot Number 92 of Range P of Ingram's Addition, said point being also at the southwest corner of the intersection of Chestnut Street and Olive Street, thence with the South line of Olive Street,North 83°54'47"West, 10.01 feet,to the place of beginning; thence South 08°52'06"West,parallel with the west line of Chestnut Street, 68.12 feet to a point on the north line of a tract of land conveyed in Deed Document 2007-11182, thence with the north line of said parcel, North 81°49'09"west, 25.00 feet,thence North 08052'06"East, 67.20 feet to a point on the south line of Olive Street, thence with said line, Page 3 of 6 South 83°54'47"East, 25.03 feet to the place of beginning and containing 1,691 square feet, more or less. ARTICLE 7. The City of Cape Girardeau, Missouri hereby accepts a permanent utility easement from Acquired Properties, LLC, conveying an easement to the City of Cape Girardeau,Missouri for the re-alignment of North Main Street,more particularly described as follows, to-wit: ALL OF THAT LOT 92 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN,IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at a point on the south line of Lot Number 92 of Range P of Ingram's Addition, where said south line intersects the west line of Chestnut Street, thence with the west line of Chestnut Street, North 08°52'06"East, 45.00 feet to the southeast corner of a tract of land conveyed in Deed Book 181 at page 625, thence with the south line of said parcel, North 81°49'09"West, 10.00 feet, thence South 08°52'06"West, parallel with the west line of Chestnut Street, 45.37 feet to a point on the south line of said lot#92, thence with the south line of said lot, South 83°55'49" East, 10.01 to the place of beginning and containing 452 square feet, more or less. ARTICLE 8. The City of Cape Girardeau,Missouri hereby accepts a temporary construction easement from Acquired Properties, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street, more particularly described as follows, to-wit: ALL OF THAT LOT 92 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH,RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a point on the south line of Lot Number 92 of Range P of Ingram's Addition, where said south line intersects the west line of Chestnut Street, thence with the south line of said lot#92,North 83°55'49"West, 10.01 feet, to the place of beginning; thence continue with the south line of said lot#92,North 83°55'49"West, 25.03 feet, thence North 08°52'06"East, 46.29 feet to a point on the south line of a tract of land conveyed in Deed Book 181 at page 625, thence with the south line of said tract, South 81°49'09" East, 25.00 feet, thence South 08°52'06"West,parallel with the west line of Chestnut Street, 45.37 feet to the point of beginning and containing 1,146 square feet, more or less. ARTICLE 9. The City of Cape Girardeau, Missouri hereby accepts a permanent utility easement from James E. Pledger,Trustee of the James E. Pledger Trust, conveying an easement to the City of Cape Girardeau,Missouri for the re-alignment of North Main Street, more particularly described as follows, to-wit: ALL OF THAT LOT 91 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH,RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at a point on the north line of Lot Number 91 of Range P of Ingram's Addition, where said north line intersects the west line of Chestnut Street,thence with the North line of said Lot#91, North 83°55'49"West, 10.01 feet, thence South 08°52'06"West,parallel with the west line of Page 4 of 6 Chestnut Street, 73.97 feet to a point on the north line of a tract of land conveyed in Deed Book 357, at Page 444, thence with the north line of said parcel, South 83°55'49"East, 10.01 feet to the west line of Chestnut Street, and thence with said line,North 08°52'06"East, 73.97 feet to the place of beginning and containing 740 square feet, more or less. ARTICLE 10. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement from James E. Pledger,Trustee of the James E. Pledger Trust, conveying an easement to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street, more particularly described as follows,to-wit: ALL OF THAT LOT 91 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a point on the north line of Lot Number 91 of Range P of Ingram's Addition, where said north line intersects the west line of Chestnut Street, thence with the North line of said Lot#91,North 83°55'49"West, 10.01 feet, to the place of beginning; thence South 08°52'06"West,parallel with the west line of Chestnut Street, 73.97 feet to a point on the north line of a tract of land conveyed in Deed Book 357, at Page 444, thence with the north line of said parcel,North 83°55'49"West, 25.03 feet thence North 08052'06,"East, 73.97 feet to a point on the north line of said lot#91, and thence with said line South 83°55'49"East, 25.03 feet to the place of beginning and containing 1,849 square feet, more or less. ARTICLE 11. The City of Cape Girardeau,,M1ssouri hereby accepts a permanent utility easement from Charles and Barbara Roberts, conveying an easement to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street, more particularly described as follows, to-wit: ALL OF THAT LOTS 90 AND 91 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at a point on the south line of Lot Number 90 of Range P of Ingram's Addition, said point being also at the northwest corner of the intersection of Chestnut Street and Mason Street, thence with the North line of Mason Street,North 83°55'49"West, 10.01 feet, thence North 08°52'06" East,parallel with the west line of Chestnut Street, 153.04 feet to a point on the South line of a tract of land conveyed in Deed-Document 2006-06486, thence with the south line of said parcel, South 83°55'49"East, 10.01 feet to the west line of Chestnut Street, and thence with said line, South 08°52'06"West, 153.04 feet to the place of beginning and containing 1,530 square feet, more or less. ARTICLE 12. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement from Charles and Barbara Roberts, conveying an easement to the City of Cape Girardeau, Missouri for the re-alignment of North Main Street, more particularly described as follows,to-wit: ALL OF THAT LOTS 90 AND 91 OF RANGE P OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, IN TOWNSHIP 31 NORTH,RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 5 of 6 Commence at a point on the south line of Lot Number 90 of Range P of Ingram's Addition, said point being also at the northwest comer of the intersection of Chestnut Street and Mason Street, thence with the North line of Mason Street,North 83°55'49"West, 10.01 feet,to the place of beginning; thence North 08°52'06"East,parallel with the west line of Chestnut Street, 153.04 feet to a point on the South line of a tract of land conveyed in Deed Document 2006-06486, thence with the south line of said parcel,North 83°55'49"West, 22.03 feet, thence South 08°52'06"West, 153.04 feet to a point on the north line of Mason Street, and thence with said north line, South 83°55'49"East, 22.03 feet to the place of beginning and containing 3,367 square feet, more or less. ARTICLE 13. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS /(y DAY OF , 2011. W-44 arty E. R diger Mayor ATTEST: rp Gay, Conrad City Clerk THI �FE VNX0N �tL Page 6 of 6