HomeMy WebLinkAboutOrd.4351.08-20-2012 BILL NO. 12-25 ORDINANCE NO.
AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST, PERMANENT
SANITARY SEWER EASEMENTS, AND TEMPORARY CONSTRUCTION
EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE
WASTEWATER TREATMENT PLANT PROJECT
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 fee simple interest from
Terrence and Kim Kelley,conveying property to the City of Cape Girardeau,\Missouri for the new
Wastewater Treatment Plant project,more particularly described as follows, to-wit:
Tract 1.All of Lots Four(4),Five (3) and Six (6) in Block Three (3) of Smelteiville Addition to the
City of Cape Girardeau,Missouri recorded in Plat Book 2 at Page 42 EXCEPT that part conveyed to
the City of Cape Girardeau,'Missouri as shown un Book 768 at Page 828 described as follows: Part
of Lots 4, 5 and 6 of Block 3 of Smelteiville in the County and City of Cape Girardeau,Missouri,
more particularly described as follows: Beginning at the Southwest Corner of a tract of land owned
by Peter and Waneta Cooper as recorded in Book 438 at Page 179 in the Office of the Recorder in
Jackson,\Missouri also being the Southwest Corner of Lot 6 of Block 3 of Smelterville in the County
and City of Cape Girardeau,Missouri in the east right of way line to Old Sprigg Street;thence North
28° 3'44"East,along said east right of way, 99.99 feet to the Northwest Corner of Lot 4 in said
Block 3; thence leaving said east right of way, South 82° 8'34"East, 9.06 feet to a point;thence
South 28°3'44"West, 59.65 feet to a point;thence South 31° 25'59"East,48.09 feet to a point in
the south line of said Lot 6 in said Block 3; thence North 82° 9'36"West,along said south line of
Lot 6, 53.95 feet to the point of beginning.
Tract 2. All of Lots Two (2) and Three (3) of Block Four(4) of Smelteiville in the City of Cape
Girardeau, Missouri recorded in the land records of Cape Girardeau County in Plat Book 2 at Page
42. LESS AND EXCEPT that part conveyed to the City of Cape Girardeau,\Missouri described as
follows: Commencing at the Northwest Corner of a tract of land owned by the Lohmann Family
Trust as recorded in Book 510 on Page 478 in the office of the recorder un Jackson,\lissouri also
being the Northwest Corner of Lot 1 of Block 4 of Smelterville, said corner being in the East Line of
Old Sprigg Street and the South Line of Poplar Street; thence South 28°3'44"West,along the East
Line of said Old Sprigg Street,33.4 feet to the Northwest Corner of Lot 2,being the point of
beginning;thence leaving said east line of Old Sprigg Street,South 83° 1'3"East,along the south
line of Lot 1,9.11 feet to a point; thence South 28° 3'44"West, 50.16 feet to a point; thence South
5° 28' 10"East, 15.76 feet to a point in the south line of Lot 3;thence North 83° 3'23"West,along
the south line of said Lot 3, 18.44 feet to the Southwest Corner of said Lot 3 in the east line of said
Old Sprigg Street;thence North 28°3'44"East,along said East Line of Old Spriggg Street,66.66
feet to the point of beginning.
ARTICLE 2. The City of Cape Girardeau,'Missouri hereby accepts a permanent sanitary sewer
easement executed by Charles L. Hunze,Sr., conveying an easement to the Cite of Cape Girardeau,Missouri
for the new Wastewater Treatment Plant project,more particularly described as follows, to-vvit:
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THAT PART OF OUTLOTS NUi\4BER 62&63 OF UNITED STATES PRIVATE SURVEY
NUMBER 2199,TOWNSHIP 30 NORTH,RANGE 13 EAST,CITY AND COUNTY OF CAPE
GIRARDEAU,STATE OF-MISSOURI,DESCRIBED AS FOLLOWS:
Commence at the Southwest corner of Oudot Number 61 of United States Private Survey Number
2199; thence with the South line of Oudots 61 & 62 of said Unites States Private Survey,South
83°39'20" East,3094.73 feet, to the Southwest corner of tract of land described un Deed Book 492 at
Page 515; thence with the West lune of said tract,North 05°20'28" East,551.90 feet, to the point of
beginning; thence continuing with said West line,North 05°20'28" East, 149.29 feet;thence leaving
said line South 83°58'09" East, 69.81 feet;thence North 46°26'53" East,425.51 feet;thence North
39°26'41" East,437.22 feet;thence South 58°04'29" East,425.25 feet;thence South 72°18'01" East,
598.13 feet; thence South 72°23'07" East, 600.03 feet; thence South 72°13'39" East,411.47 feet;
thence South 71°32'02" East,236.93 feet, to a point on the West Right of Way fine of Sprigg Street;
thence with said Right of Way line,South 23°43'11" West, 59.58 feet; thence leaving said Right of
Way line,North 69°13'39" West, 231.67 feet;thence North 72°14'05" West,413.33 feet;thence
North 72°22'53"West,599.99 feet; thence North 7217'58" West, 601.88 feet; thence North
58°04'29"West, 392.70 feet;thence South 39°26'41" West,395.48 feet; thence South 46°26'53"
West, 586.02 feet, to the point of beginning and containing 3.689 acres, more or less.
ARTICLE 3. The City of Cape Girardeau,Missouri hereby accepts a temporary construction
easement executed by Charles L. Hunze,Sr.,conveying an easement to the City of Cape Girardeau,11\41ssouri
for the new Wastewater Treatment Plant project,more particularly described as follows, to-wit:
THAT PART OF OUTLOTS NUMBER 62&63 OF UNITED STATES PRIVATE SURVEY
NUMBER 2199,TOWNSHIP 30 NORTH,RANGE 13 EAST,CITY AND COUNTY OF CAPE
GIRARDEAU,STATE OF MISSOURI,DESCRIBED AS FOLLOWS:
Commence at the Southwest corner of Outlot Number 61 of United States Private Surrey Number
2199; thence with the South line of Outlots 61 &62 of said Unites States Private Sun-ey, South
83°39'20" East,3094.73 feet, to the Southwest corner of tract of land described in Deed Book 492 at
Page 515; thence with the West line of said tract,North 05°20'28" East,701.19 feet, to the point of
beginning; thence continuing with said West line,North 05°20'28" East, 50.01 feet, thence leaving
said lune South 83°39'19" East,47.11 feet;thence North 46°26'53" East,399.69 feet, thence North
39°26'4"1" East,468.06 feet, to a point on the North lune of a tract of land described in Deed Book
285 at Page 436;thence with said North line,South 83°48'25" East, 22.68 feet; thence leaving said
line,South 58°04'29" East,443.71 feet; thence South 72°18'01" East, 591.85 feet; thence South
72°23'07" East,600.06 feet;thence South 72°13'39"East,411.85 feet; thence South 71°32'02" East,
241.83 feet, to a point on the West Right of Way lune of Sprigg Street, thence with said Right of Way
line,South 23°43'11"West, 50.21 feet;thence leaving said lune,North 71°32'02" West, 236.93 feet;
thence North 72°13'39"West,411.47 feet;thence North 72°23'07" West, 600.03 feet;thence North
72°18'01"West,598.13 feet;thence North 58°04'29"West,42525 feet;thence South 39°26'41"
West,437.22 feet;thence South 46°26'53"West,425.51 feet;thence North 83°58'09"West, 69.81
feet, to the point of beginning and containing 3.692 acres,more or less.
ALSO:
THAT PART OF OUTLOTS NUi\4BER 62& 63 OF UNITED STATES PRIVATE SURVEY
NUMBER 2199,TOWNSHIP 30 NORTH,RANGE 13 EAST, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF(MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Southwest corner of Outlot Number 61 of United States Private Survey Number
2199;thence with the South line of Outlots 61 & 62 of said Unites States Private Survey, South
83°39'20" East, 3094.73 feet, to the Southwest corner of tract of land described in Deed Book 492 at
Page 515; thence with the West line of said tract North 05°20'28" East,475.85 feet, to the point of
beginning;thence continuing with said West line,North 05°20'28" East,76.05 feet;thence leaving
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said lune North 46°26'53" East, 586.02 feet; thence North 39°26'41" East,395.48 feet;thence South
58°04'29" East,392.70 feet;thence South 72°17'58" East,601.88 feet;thence South 72°22'53" East,
599.99 feet;thence South 72°14'05" East,413.33 feet; thence South 69°13'39" East, 231.67 feet, to a
point on the West Right of Way line of Sprigg Street;thence with said Right of Way Pune,South
23°43'11" West, 50.07 feet; thence leaving said line,North 69°13'39" West,227.78 feet; thence North
72°14'05" West,411.95 feet;thence North 72°22'53"Nest,599.96 feet;thence North 72°17'58"
West,608.16 feet; thence North 58°04'29" West,355.10 feet;thence South 39026'41"West,354.70
feet;thence South 46°26'53"West, 646.38 feet, to the point of beginning and containing 3.688 acres,
more or less.
.ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a permanent sanitary-sewer
easement executed by Kasten Concrete Products, Inc.,conveying an easement to the City of Cape Girardeau,
l4issouri for the new Wastewater Treatment Plant project,more particularly described as follows, to-wit:
THAT PART OF OUTLOT 65 IN UNITED STATES PRIV_-\TE SURVEY 2199,CITY AND
COUNTY OF CAPE GIR\RDEAU,DESCRIBED AS FOLLOWS:
Commence at the Southeast corner of,Lot 6,Block 3,of The Village of Leadville,a Subdivision on
file in the Land Records of Cape Girardeau County un Plat Book 2 at Page 41,said corner being on
the North Right of Way line of Cooper Street;thence with the North Right of Way lune of Cooper
Street South 83°37'55" East, 38.90 feet,thence South 06°18'05" Nest, 13.00 feet;thence South
83°37'55" East, 94.21 feet,to a point on the East lune of SEIMO Port Railroad,Inc. Right of Way-,
thence with said Right of Way, along the arc of a curve to the Southwest,being concave to the
Northwest and having a radius of 2325.03 feet and a distance of 163.67 feet, (the chord of said arc
bears South 07°13'53" West, 163.63 feet), to the point of beginning; thence leaving said Right of Way
line,South 83°37'55" East, 572.30 feet;thence North 74°30'36" East,78.67 feet;thence South
21°47'31"West,56.32 feet, to the Northeast corner of a tract of land described in Deed Book 315 at
Page 841; thence with the North line of said tract described in deed book 315 at page 841 and the
South line of a tract held by Kasten Concrete Products, Inc. North 83°37'55"Nest, 631.73 feet, to a
point on the East line of SEi\1O Port Railroad, Inc. Right of\\jay; thence with said Right of Way,
along the arc of a curve to the Northeast being concave to the Northwest,having a radius of 2325.03
feet and a distance of 25.04 feet, (the chord of said arc bears North 09033'24" East, 25.04 feet), to
the point of beginning and containing 16,813 square feet (0.39 acres), more or less.
ARTICLE 5. The City of Cape Girardeau,i\,issouri hereby accepts a temporary construction
easement executed by Kasten Concrete Products,Inc., conveying an easement to the City-of Cape Girardeau,
N issouri for the new Wastewater Treatment Plant project,more particularly described as follows, to-wit:
THAT PART OF OUTLOT 65 IN UNITED STATES PRIVATE SURVEY 2199, CITY AND
COUNTY OF CAPE GIRARDEAU,DESCRIBED AS FOLLOWS:
Commence at the Southeast corner of,Lot 6,Block 3,of The Village of Leadville,a Subdivision on
file in the Land Records of Cape Girardeau County in Plat Book 2 at Page 41,said corner being on
the North Right of Way line of Cooper Street; thence with the North Right of Way line of Cooper
Street South 83°37'55" East,38.90 feet;thence South 06°18'05"West, 13.00 feet;thence South
83°37'55" East, 94.21 feet, to a point on the East line of SEMO Port Railroad,Inc. Right of Way;
thence with said Right of Way,along the arc of a curve to the Southwest,being concave to the
Northwest and having a radius of 2325.03 feet and a distance of 133.64 feet, (the chord of said arc
bears South 06°51'41" West, 133.62 feet), to the point of beginning; thence leaving said Right of
Way,South 83'37'55" East, 565.19 feet;thence North 74°30'36" East,95.72 feet; thence South
21°=17'31" West,37.70 feet; thence South 74°30'36" West, 78.67 feet; thence North 83°37'55" West,
572.30 feet,to a point on the East lune of SEMO Port Railroad,Inc. Right of Way;thence with said
Right of Way,along the arc of a curve to the Northeast,being concave to the Northwest having a
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f
radius of 2325.03 feet and a distance of 30.03 feet, (the chord of said arc bears North 08°52'41" East,
30.03 feet), to the point of beginning and containing 19,678 square feet(0.45 acres),more or less.
_-\RTICLE 6. The City of Cape Girardeau,Missouri hereby accepts fee supple interest granted by Six
Thirty, Inc., conveying property, to the City of Cape Girardeau,lVissouri for the new Wastewater Treatment
Plant project,more particularly described as follows, to-wit.
PART OF OUTLOT 62 OF UNITED STATES SURVEY NO. 2199, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU,MISSOURI,DESCRIBED AS FOLLOWS:
Beginning at the northeast corner of a 12.00 acre tract of land recorded in Book 1052 at Page 522;
thence North 06°22'44"East approximately 90.0 feet to the northwest corner of a 5.00 acre tract of
land recorded in Book 493 at Page 515; thence South 82°37'04"East,along the north line of said
5.00 acre tract 217.80 feet to the northeast corner of said tract;thence North 06°22'44" East
approximately 764.65 feet to the south right-of-way lune of Southern Expressway; thence South 78°
29'00"West along the south line of Southern Expressway 762.25 feet to the east line of Corporate
Circle Drive; thence in a southwesterly direction along the southeasterly right-of-way line of
Corporate Circle Drive to its point of intersection with the north lune of a 12.00 acre tract of land
recorded in Book 1052 at Page 552;thence South 82° 37'04"East,along the north line of said tract
737.27 feet to the point of beginning.
ARTICLE 7. This ordinance shall be in full force and e en days after its passage and approval.
PASSED AND APPROVED THIS
OV/1
OF 2012.
arn•E. Rediber
Mayor
ATTEST: �y
Gayle 1()Conrad
City Clerk
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