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HomeMy WebLinkAboutOrd.4271.09-19-2011 BILL NO. 11-145 ORDINANCE NO. � AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO VERNON E . RHODES FAMILY PARTNERS, L. P. , AND RHODES DEVELOPMENT COMPANY, L. L. C. , FOR UNNEEDED RIGHT-OF-WAY LOCATED BETWEEN NORTH KINGSHIGHWAY AND KINGSWAY DRIVE, 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 Special Warranty Deed to Vernon E. Rhodes Family Partners, L. P. , a Missouri Limited Partnership, and Rhodes Development Company, L. L. C. , a Missouri Limited Liability Company, for unneeded right-of-way located between North Kingshighway and Kingsway Drive, more particularly described as follows : A part of Fractional Section 26 , Township 31 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 a %I' iron pin (found) at the southwest corner of Lot No. 1 of Kingsway Subdivision as recorded in the land records of the County Recorder' s Office in plat book no. 25 at page no. 18, from which point the southeast corner of said lot bears, S 55° 22 ' 30" E, 233 . 71 feet, said point of beginning being on the northerly right of way line of U. S . Route 61; thence along said right of way line, N 55' 22 ' 30" W, 35 . 00 feet; thence leaving said right of way line, N 340 37' 30" E, 235 . 62 feet; thence S 550 30' 51" E, 35 . 00 feet to a corner on the west line of said Lot No. 1; thence along said west line, S 340 37 ' 30" W, 235 . 71 feet to the Point of Beginning, containing 0 . 19 acres, more or less (8 , 248 . 36 square feet) . SUBJECT TO conditions, restrictions, reservations and easements of record. TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT across a part of Fractional Section 26 , Township 31 North, Range 13 East of the fifth principal meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows : Commencing at a %" iron pin (found) at the southwest corner of Lot No. 1 of Kingsway Subdivision as recorded in the land records of the County Recorder' s Office in plat book no. 25 at page no. 18 , from which point the southeast corner of said lot bears, S 550 22 ' 30" E, 233 . 71 feet, said point being on the northerly right of way line of U. S . Route 61; thence along said right of way line, N 550 22 ' 30" W, 35 . 00 feet to the True Point of Beginning; thence continuing along said right of way line, N 55° 22 ' 30" W, 77 . 00 feet; thence leaving said right of way line, N 340 37' 30" E, 75 . 00 feet; thence N 72° 06' 51" E, 110 . 09 feet; thence N 340 37' 30" E, 75 . 00 feet; thence S 55° 30' 51" E, 53 . 00 feet to a point on the west line of said Lot No. 1; thence along said west line S 340 37 ' 30" W, 1 . 75 feet; thence N 55° 30' 51" W, 43 . 00 feet; thence S 340 37 ' 30" W, 235 . 62 feet to the Point of Beginning, containing 0 . 24 acres, more or less . (10, 400 . 13 square feet) . This easement and the rights, privileges, permission and authority herein granted shall cease and terminate at the time construction on Grantee' s property is completed, or on September 30, 2012 , whichever occurs first . ARTICLE 2 . This ordinance will be in full force and effect ten days after its passage and approval . PASSED AND ADOPTED THIS DAY OF 20 Harry E. edi er, Mayor ATTEST: PAli 04 �G 'Gay L. Conrad, Ci . 1 UA'l $�