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HomeMy WebLinkAboutOrd.4126.06-07-2010 BILL NO. 10 - 58 ORDINANCE No. ria AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE BLOOMFIELD ROAD IV PROJECT 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 needed for the improvement of Bloomfield Road between Stonebridge and Benton Hill Road. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners 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 the following tracts are hereby authorized and ratified by the City Council. ARTICLE 2. The property designated for acquisition for this project are as follows: TRACT 1. STONEBRIDGE SUBDIVISION PROPERTY OWNERS ASSOCIATION PERMANENT TRAIL EASEMENT THAT PART OF THE COMMON GROUND OF STONEBRIDGE SUBDIVISION,A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI, IN PLAT BOOK 16,PAGE 97 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Northern corner of a tract of land recorded in Document Number 2006-07969; thence with the Northerly line of said tract of land, South 52°32'29"East, 15.46 feet; thence leaving said Northerly line,North 29°08'42"East,44.81 feet to the Point of Beginning; thence North 2908'42"East, 297.19 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 30.00 feet, a distance of 37.57 feet, (said arc having a chord bearing of North 65'01'29" East,35.17 feet);thence South 24°59'26"West, 77.78 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 35.00 feet, a distance of 14.20 feet, (said arc having a chord bearing of South 13°22'17"West, 14.10 feet);thence South 0145'09"West, 67.01 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 65.00 feet, a distance of 76.82 feet, (said arc having a chord bearing of South 3536'38"West, 72.43 feet); thence South 6928'08"West, 32.66 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 89.00 feet, a distance of 36.04 feet, (said arc having a chord bearing of South 57°52'10"West, 35.79 feet); thence South 46°16'12"West, 48.97 feet to the Point of Beginning and containing 11,440 square feet,more or less. TRACT 2. STONEBRIDGE SUBDIVISION PROPERTY OWNERS ASSOCIATION TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE COMMON GROUND OF STONEBRIDGE SUBDIVISION,A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI, IN PLAT BOOK 16,PAGE 97 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Northern corner of a tract of land recorded in Document Number 2006-07969; thence with the Northerly line of said tract of land, South 5232'29"East, 15.46 feet to the Point of Beginning; thence leaving said Northerly line,North 29°08'42"East,44.81 feet;thence North 4616'12"East, 48.97 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 89.00 feet,a distance of 36.04 feet, (said arc having a chord bearing of North 57°52'10"East, 35.79 feet);thence North 69°28'08"East, 32.66 feet; thence in a Northeasterly direction along the arc of a tangent Page 1 of 14 curve concave to the Northwest having a radius of 63.00 feet, a distance of 76.82 feet, (said arc having a chord bearing of North 33°36'38"East, 72.43 feet);thence North 01°43'09"East, 67.01 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 33.00 feet, a distance of 14.20 feet, (said arc having a chord bearing of North 1322'17"East, 14.10 feet); thence North 24°39'26" East, 77.78 feet; thence in a Southeasterly direction along the arc of a non tangent curve concave to the Southwest having a radius of 30.00 feet, a distance of 9.33 feet, (said arc having a chord bearing of South 69'38'31"East,9.31 feet); thence South 60'31'18"East, 10.33 feet; thence South 24'39'26"West, 31.99 feet; thence North 63°00'34"West, 10.00 feet thence South 24'39'26"West,43.84 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 23.00 feet,a distance of 10.14 feet, (said arc having a chord bearing of South 13°22'17"West, 10.07 feet); thence South 01'45'09"West, 67.01 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 73.00 feet,a distance of 88.64 feet, (said arc having a chord bearing of South 33°36'38" West, 83.37 feet); thence South 6928'08"West, 7.77 feet; thence South 20°31'32"East, 10.00 feet; thence South 69°28'08"West, 24.88 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 69.00 feet,a distance of 27.94 feet, (said arc having a chord bearing of South 37°32'10"West, 27.73 feet); thence South 46°16'12"West, 67.49 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 19.00 feet,a distance of 3.64 feet, (said arc having a chord bearing of South 38°02'19"West, 3.44 feet); thence South 29°48'26"West, 17.68 feet to a point on said Northerly line; thence with said Northerly line,North 3232'29"West, 12.73 feet to the Point of Beginning and containing 3,332 square feet,more or less. TRACT 3. MICHAEL R. FREEMAN,TRUSTEE OF THEMICHAEL R. FREEMAN REVOCABLE TRUST DATED OCTOBER 29,1999,AN AMENDMENT AND REINSTATMENT OF THE MICHAEL R. FREEMAN VOLUNTARY TRUST OF JUNE 14, 1991 FEE SIMPLE INTEREST THAT PART OF THE PARK TRACT IN BRIARWOOD ESTATES FIRST,A SUBDIVISION ON FILE IN LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI,IN PLAT BOOK 13,PAGE 13, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the most Northern corner of a tract of land recorded in Document Number 2009-02663,said corner being on the East right of Way line of Bloomfield Road; thence with said Right of Way line,North 3128'31" East, 120.66 feet to a point on the Southerly line of a tract of land recorded in deed book 1147,page 384; thence leaving said Right of way line and with said Southerly line,South 3232'29"East, 3.36 feet;thence leaving said Southerly line, South 2908'40"West, 33.41 feet; thence in a Southeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 1,030.00 feet, a distance of 38.29 feet, (said arc having a chord bearing of South 30°12'06"West, 38.29 feet); thence South 3116'07"West,4723 feet to a point on the Northerly line of said tract of land recorded in Document Number 2009-02663; thence with said Northerly line,North 32°32'29"West, 7.83 feet to the Point of Beginning and containing 837 square feet,more or less. ALSO: THAT PART OF LOT 1 OF BRIARWOOD ESTATES FIRST,A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI,IN PLAT BOOK 13,PAGE 13, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the most Westerly corner of a tract of land recorded in Document Number 2009-02663, said corner being on the East Right of Way line of Bloomfield Road; thence with said East Right of Way line,North 31°28'31"East, 331.81 feet to the most Westerly corner of a tract of land recorded in Document Number 2006-07969; thence leaving said Right of Way line and with the Southerly line of said tract,South 3232'29" East, 7.82 feet; thence leaving said Southerly line, South 3116'30"West, 331.93 feet to a point on the Southerly line of said tract of land recorded in Document Number 2009-02663; thence with said Southerly line,North 3232'29"West, 9.00 feet to the point of beginning and containing 2,776 square feet,more or less. Page 2 of 14 TRACT 4. MICHAEL R. FREEMAN,TRUSTEE OF THEMICHAEL R. FREEMAN REVOCABLE TRUST DATED OCTOBER 29, 1999,AN AMENDMENT AND REINSTATMENT OF THE MICHAEL R. FREEMAN VOLUNTARY TRUST OF JUNE 14,1991 PERMANENT TRAIL EASEMENT THAT PART OF LOT 1 OF BRIARWOOD ESTATES FIRST,A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN PLAT BOOK 15,PAGE 13, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Westerly corner of a tract of land recorded in Document Number 2009-02665 said corner being on the East Right of Way line of Bloomfield Road; thence leaving said Right of Way line,South 52°32'29"East, 9.00 feet to the Point of Beginning; thence leaving said Southerly line,North 31°16'30"East, 331.93 feet to the Southerly line of a tract of land recorded in Document Number 2006-07969; thence with said Southerly line, South 52°32'29"East, 3.02 feet; thence leaving said Southerly line, South 3116'30"West, 27.00 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 85.00 feet, a distance of 36.00 feet, (said arc having a chord bearing of South 1908'28"West, 35.73 feet); thence South 0700'26"West,45.34 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet,a distance of 48.71 feet, (said arc having a chord bearing of South 1908'28"West,48.34 feet); thence South 31°16'30"West, 39.49 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 65.00 feet, a distance of 18.65 feet, (said arc having a chord bearing of South 3929'39"West, 18.59 feet); thence South 4742'49"West, 30.07 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 35.00 feet, a distance of 19.07 feet, (said arc having a chord bearing of South 32°06'19"West, 18.83 feet); thence South 16°29'48"West,44.78 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 119.00 feet,a distance of 31.68 feet, (said arc having a chord bearing of South 2407'27"West, 31.59 feet); thence South 3145'05"West, 5.55 feet to a point on said Southerly line of the tract of land recorded in Document Number 2009-02665; thence with said Southerly line,North 5232'29"West,43.42 feet to the Point of Beginning and containing 9,403 square feet,more or less. ALSO: THAT PART OF THE PARK TRACT IN BRIARWOOD ESTATES FIRST,A SUBDIVISION ON FILE IN LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI,IN PLAT BOOK 15,PAGE 13, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Northern corner of a tract of land recorded in Document Number 2009-02665, said corner being on the East right of Way line of Bloomfield Road;thence leaving said Right of Way line and with the\Tortherly line of said tract,South 5232'29" East, 7.83 feet to the Point of Beginning; thence leaving said Northerly line,North 3116'07"East,47.25 feet;thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 1,030.00 feet, a distance of 38.29 feet, (said arc having a chord bearing of North 3012'06" East, 38.29 feet); thence North 2908'40"East, 35.41 feet to a point on the Southerly line of a tract of land recorded in deed book 1147,page 384; thence with said Southerly line,South 5232'29"East,2.66 feet; thence leaving said Southerly line,South 2948'26"West, 3.98 feet; thence South 2840'39"West,26.76 feet; thence in a Southwesterly direction along the arc of a curve concave to the Northwest having a radius of 1,031.00 feet, a distance of 46.74 feet, (said arc having a chord bearing of South 29°58'34"West,46.74 feet);thence South 31°16'30"West,43.53 feet to a point on said Northerly line;thence with said Northerly line,North 52°32'29"West, 3.01 feet to the Point of Beginning and containing 349 square feet,more or less. TRACT 5. MICHAEL R. FREEMAN,TRUSTEE OF THE MICHAEL R. FREEMAN REVOCABLE TRUST DATED OCTOBER 29,1999,AN AMENDMENT AND REINSTATMENT OF THE MICHAEL R. FREEMAN VOLUNTARY TRUST OF JUNE 14,1991 TEMPORARY CONSTRUCTION EASEMENT Page 3 of 14 THAT PART OF LOT 1 OF BRIARWOOD ESTATES FIRST,A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN PLAT BOOK 13,PAGE 13, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Westerly corner of a tract of land recorded in Document Number 2009-02665 said corner being on the East Right of Way line of Bloomfield Road and on the Southerly line of said tract of land; thence leaving said Right of Way line and with said Southerly line, South 52'32'29"East, 52.42 feet to the Point of Beginning; thence leaving said Southerly line,North 31'45'05"East, 5.55 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 119.00 feet,a distance of 31.68 feet, (said arc having a chord bearing of North 2407'27" East, 31. 9 feet); thence North 1629'48" East,44.78 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 3 .00 feet,a distance of 19.07 feet, (said arc having a chord bearing of North 3206'19" East, 18.83 feet);thence North 4742'49" East, 30.07 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 65.00 feet, a distance of 18.65 feet, (said arc having a chord bearing of North 39°29'39" East, 18. 9 feet); thence North 3116'30"East, 39.49 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet,a distance of 48.71 feet, (said arc having a chord bearing of North 19°08'28"East,48.34 feet); thence North 07°00'26"East, 4 .34 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 8 .00 feet, a distance of 36.00 feet, (said arc having a chord bearing of North 1908'28" East,35.73 feet); thence North 3116'30"East, 27.00 feet to a point on the Southerly line of a tract of land recorded in Document Number 2006-07969; thence with said Southerly line,South 52'32'29"East, 15.09 feet; thence leaving said Southerly line, South 3116'30"West,25.37 feet; thence North 58'43'30"West, 5.00 feet; thence in a Southwesterly direction along the arc of a non tangent curve concave to the Southeast having a radius of 75.00 feet, a distance of 31.77 feet, (said arc having a chord bearing of South 19008'28"West, 31.53 feet); thence South 07°00'26"West,4 .34 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 123.00 feet, a distance of 32.94 feet, (said arc having a chord bearing of South 19°08'28"West, 32.33 feet); thence South 31°16'30"West, 39.49 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 73.00 feet, a distance of 21.32 feet, (said arc having a chord bearing of South 39°29'39"West, 21.44 feet); thence South 4742'49"West, 30.07 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 25.00 feet, a distance of 13.62 feet, (said arc having a chord bearing of South 32°06'19"West, 13.45 feet); thence South 16°29'48"West,44.78 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 129.00 feet,a distance of 34.35 feet, (said arc having a chord bearing of South 2407'27"West, 34.24 feet); thence South 31'45'0 " West, 6.55 feet; to a point on said Southerly line of said tract of land recorded in Document Number 2009- 02665; thence with said Southerly line,North 52°32'29"West, 10.05 feet to the Point of Beginning and containing 3,592 square feet,more or less. ALSO: THAT PART OF THE PARK TRACT IIT BRIARWOOD ESTATES FIRST,A SUBDIVISION ON FILE IN LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI, IN PLAT BOOK 13,PAGE 13, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Northern corner of a tract of land recorded in Document Number 2009-0266 , said corner being on the East right of Way line of Bloomfield Road;thence leaving said Right of Way line and with the Northerly line of said tract, South 52'32'29" East, 10.84 feet to the Point of Beginning; thence leaving said Northerly line,North 31°16'07"East,43. 3 feet; thence in a Northeasterly direction along the arc of a curve concave to the Northwest having a radius of 1,031.00 feet, a distance of 46.74 feet, (said arc having a chord bearing of North 29°58'34"East,46.74 feet); thence North 2840'39"East, 26.76 feet;thence North 29°48'26" East, 3.98 feet to a point on the Southerly line of a tract of land recorded in deed book 1147, page 384; thence with said Southerly line,South 52°32'29"East, 20.18 feet; thence leaving said Southerly line, South 2948'26" West, 1.10 feet; thence South 2840'39"West, 26.36 feet; thence North 6119'21"West, 3.00 feet; thence in a Southwesterly direction along the arc of a non tangent curve concave to the Northwest having a radius of 1,046.00 feet, a distance of 47.42 feet, (said arc having a chord bearing of South 29'58'34"West, 47.42 feet); thence South 3116'30"West, 43.13 feet; to a point on said Northerly line; thence with said Northerly line, North 52°32'29"West, 1 .09 feet to the Point of Beginning and containing 1,955 square feet,more or less. Page 4 of 14 TRACT 6. ANN ELIZABETH CUNNINGHAM AND JOHN W. CUNNINGHAM,TRUSTEES OF THE ANN ELIZABETH CUNNINGHAM REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 29,2000 FEE SIMPLE INTEREST THAT PART OF LOT 1 OF RIVER FOREST SUBDIVSION,A SUBDVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 15,PAGE 65,BEING ALSO IN TOWNSHIP 30 NORTH,RANGE 13 EAST I\T THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS: Begin at the Northeast corner of said Lot 1, said point being on the West right of way line of Bloomfield Road; thence with said right of way line, South 29°24'29"West, 211.77 feet; thence with the North right of way line of County Road 206 (AKA Benton Road),North 52°14'41"West, 175.13 feet; thence leaving said North right of way line,North 37°46'42" East, 5.06 feet; thence South 5213'18" East, 132.12 feet; thence along the arc of a curve to the left, having a radius of 30.00 feet, a distance of 51.79 feet(the chord of said arc bears North 7819'33"East,45.59 feet); thence North 28°52'23"East, 170.62 feet; thence South 6035'31"East, 9.06 feet to the point of beginning and containing 2,822 square feet, more or less. TRACT 7. ANN ELIZABETH CUNNINGHAM AND JOHN W. CUNNINGHAM,TRUSTEES OF THE ANN ELIZABETH CUNNINGHAM REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 29, 2000 TEMPORARY CONSTRUCTION EASEMENT THAT PART OF LOT 1 OF RIVER FOREST SUBDIVSION,A SUBDVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 15,PAGE 65,BEING ALSO IN TOWNSHIP 30 NORTH,RANGE 13 EAST Iii T THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said Lot 1, said point being on the West right of way line of Bloomfield Road; thence leaving said right of way line,with the North line of said Lot 1,North 60°35'31"West,9.06 feet, to the point of beginning; thence South 2852'23"West, 170.62 feet; thence along the arc of a curve to the right having a radius of 30.00 feet,a distance of 51.79 feet(the chord of said arc bears South 7819'33"West, 45.59 feet) thence North 52°13'18"West, 8.56 feet; thence North 3746'42"East, 10.00 feet; thence North 7819'33"East,28.36 feet; thence North 2852'23"East, 9728 feet; thence North 6107'37"West, 10.00 feet; thence North 2852'23" East, 73.62 feet, to a point on the North line of said Lot 1; thence with said North line,South 60°35'31"East, 30.00 feet, to the point of beginning and containing 5,006 square feet,more or less. TRACT 8. PATRICIA M. MONTGOMERY AND MALCOLM MONTGOMERY,TRUSTEES, PATRICIA M. MONTGOMERY REVOCABLE LIVING TRUST AGREEMENT DATED MAY 8,2001 FEE SIMPLE INTEREST THAT PART OF LOTS 2 AND 3 OF RIVER FOREST SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY 1\T PLAT BOOK 15, PAGE 65, ALSO BEING IN TOWNISHIP 30 NORTH, RANGE 13 EAST IIT THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northeast corner of said Lot 3; thence with the West Right of Way line of Bloomfield Road, South 2924'29" West, 377.72 feet to a point on the South line of Lot 2 of River Forest Subdivision; thence leaving said Right of Way line and with said South line, North 60°35'31" West, 9.06 feet; thence North 28°52'23" East, 116.53 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,030.00 feet, a distance of 19.90 feet, (said arc having a chord bearing of North 2925'35" East, 19.90 feet); thence North 2958'48" East, 241.31 feet to a point on the North line of said Lot 3; thence with said North line, South 60°35'31" East, 7.73 feet to the point of beginning and containing 3,477 square feet,more or less. Page 5 of 14 TRACT 9. PATRICIA M. MONTGOMERY AND MALCOLM MONTGOMERY,TRUSTEES, PATRICIA M. MONTGOMERY REVOCABLE LIVING TRUST AGREEMENT DATED MAY 8, 2001 TEMPORARY CONSTRUCTION EASEMENT THAT PART OF LOTS 2 AND 3 OF RIVER FOREST SUBDIVISION,A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY Ii\7 PLAT BOOK 13,PAGE 63,r1LSO BEING IN TOWNSHIP 30 NORTH,RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said Lot; thence with the North line of said Lot 3,North 60°35'31" West, 7.73 feet to the Point of Beginning; thence leaving said North line, South 29°58'48"West, 241.31 feet; thence in a Southwesterly direction along the arc of a curve concave to the Southeast having a radius of 1,030.00 feet,a distance of 19.90 feet, (said arc having a chord bearing of South 29'25'35"West, 19.90 feet); thence South 28'32'23"`\jest, 116.53 feet to a point on the South line of Lot 2 of River Forest Subdivision; thence with said South line,North 60°33'31"West, 20.00 feet; thence leaving said South line,North 28'32'23" East, 116.34 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,050.00 feet, a distance of 20.28 feet, (said arc having a chord bearing of North 29°25'35" East, 2028 feet);thence North 29'58'48"East, 165.85 feet; thence North 6001'12"West, 10.00 feet; thence North 29'58'48"East, 54.84 feet; thence North 74'15'26"East,28.65 feet to a point on the North line of said Lot 3; thence with said North line, South 60'35'31"East, 10.00 feet, to the point of beginning and containing 8,104 square feet,more or less. TRACT 10. RICHARD C. SMITH FEE SIMPLE INTEREST THAT PART OF UNITED STATES PRIVATE SURVEY NO. 787, IN TOWNSHIP 30 NORTH,RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northeast corner of Lot 5 of River Forest Subdivision, on file in the Land Records of said county in Plat Book 13,Page 63; thence with the North line of said lot,North 8440'31"West, 11.31 feet; thence leaving said North line,along the arc of a non-tangent curve concave to the Northwest having a radius of 970.00 feet,a distance of 33.84 feet; thence South 84°40'31"East, 10.23 feet, to a point on the West right of way line of Bloomfield Road; thence in a Southwesterly direction,with said right of way line, along the arc of a non-tangent curve being concave to the Northwest, having a radius of 1218.60 feet, a distance of 33.33 feet (the chord of said arc bears South 3113'19"West, 33.35 feet), to the point of beginning and containing 322 square feet,more or less. TRACT 11. RICHARD C. SMITH TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 787, IN TOWNSHIP 30 NORTH,RANGE 13 EAST Ii\T THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of Lot 5 of River Forest Subdivision, on file in the Land Records of said county in Plat Book 13,Page 66; thence with the North line of said lot,North 8440'31"West, 11.31 feet to the Point of Beginning;thence continue with said North line,North 8440'31"West, 22.84 feet; thence leaving said North line,along the arc of a non-tangent curve concave to the Northwest having a radius of 90.00 feet, a distance of 34.03 feet, (said arc having a chord bearing of North 33'29'45"East, 34.03 feet); thence South 8440'31" East, 22.41 feet, to a point on the West right of way line of Bloomfield Road; thence in a Southwesterly direction,with said right of way line, along the arc of a non-tangent curve being concave to the Northwest having a radius of 970.00 feet, a distance of 33.84 feet, (said arc having a chord bearing of South 32'51'53"West, 33.83 feet) to the point of beginning and containing 679 square feet,more or less. TRACT 12. SPENCER AND LINDA TAYLOR Page 6 of 14 FEE SIMPLE INTEREST THAT PART OF UNITED STATES PRIVATE SURVEY NO. 787, IN TOWNSHIP 30 NORTH,RANGE 13 EAST EST THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northeast corner of Lot 5 of River Forest Subdivision, on file in the Land Records of said county in Plat Book 13,Page 65; thence in a Southwesterly direction with the West right of way line of Bloomfield Road and along the arc of a non-tangent curve concave to the Northwest having a radius of 1,271.37 feet, a distance of 140.12 feet, (said arc having a chord bearing of South 35'05'59"West, 140.05 feet); thence continue with said Right of Way line, South 3815'07'-'West, 173.44 feet; thence in a Southwesterly direction with the arc of a tangent curve concave to the Southeast having a radius of 1,015.00 feet,a distance of 156.67 feet, (said arc having a chord bearing of South 3349'48"West, 156.51 feet); thence South 2924'29"West, 22.33 feet; thence leaving said Right of Way line North 60°35'31"West, 7.73 feet; thence North 2958'48" East, 59.43 feet; thence in a Northeasterly direction with the arc of a tangent curve concave to the Southeast having a radius of 1,030.00 feet,a distance of 134.81 feet, (said arc having a chord bearing of North 3343'46"East, 134.71 feet); thence North 37°28'45"East, 232.22 feet; thence in a Northeasterly direction with the arc of a tangent curve concave to the Northwest having a radius of 970.00 feet,a distance of 6120 feet, (said arc having a chord bearing of North 3540'18"East, 61.19 feet) to a point on the North line of said Lot 5; thence with said North line, South 8440'31" East, 11.31 feet to the point of beginning and containing 5,391 square feet,more or less. TRACT 13. SPENCER AND LINDA TAYLOR TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 787, INT TOWNSHIP 30 NORTH,RANGE 13 EAST IN'THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of Lot 5 of River Forest Subdivision, on file in the Land Records of said county in Plat Book 15,Page 65; thence with said North line,North 8440'31"West, 11.31 feet to the Point of Beginning, thence leaving said North line in a Southwesterly direction with the arc of a non-tangent curve concave to the Northwest having a radius of 970.00 feet, a distance of 61.20 feet, (said arc having a chord bearing of South 35°40'18"West, 61.19 feet); thence South 3728'45"West, 23222 feet; thence in a Southwesterly direction with the arc of a tangent curve concave to the Southeast having a radius of 1,030.00 feet,a distance of 134.81 feet, (said arc having a chord bearing of South 3343'46"West, 134.71 feet);thence South 2958'48"West, 59.43 feet to a point on the Northeasterly line of Lot 4 of said River Forest Subdivision; thence with said line North 60°35'31"West, 20.00 feet; thence leaving said line North 2958'48" East, 59.63 feet; thence in a Northeasterly direction with the arc of a tangent curve concave to the Southeast having a radius of 1,050.00 feet,a distance of 15.91 feet, (said arc having a chord bearing of North 3024'50"East, 15.91 feet); thence North 1801'36"East, 110.78 feet; thence South 53°25'01"East,30.00 feet; thence in a Northeasterly direction with the arc of a non-tangent curve concave to the Southeast having a radius of 1,050.00 feet,a distance of 16.32 feet, (said arc having a chord bearing of North 3702'02" East, 16.32 feet); thence North 3728'45"East, 159.49 feet; thence South 52°31'15"East, 10.00 feet; thence North 37°28'45" East, 72.72 feet; thence in a Northeasterly direction with the arc of a tangent curve concave to the Northwest having a radius of 960.00 feet,a distance of 55.12 feet, (said arc having a chord bearing of North 35°50'03" East, 55.12 feet) to a point on the North line of said Lot 5; thence with said North line, South 8440'31"East, 11.40 feet to the point of beginning and containing 9,985 square feet,more or less. TRACT 14. KENNETH G. SCHWAB,TRUSTEE OF THE KENNETH G. SCHWAB REVOCABLE LIVING TRUST DATED OCTOBER 21,2005 FEE SIMPLE INTEREST THAT PART OF UNITED STATES PRIVATE SURVEY INTO. 787, IN TOWNSHIP 30 NORTH,RAl\TGE 13 EAST Il\T THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEI\TG MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northeast corner of a tract of land recorded in deed Book 1019,Page 377; thence with the North line of said tract of land,North 8440'31"West, 11.31 feet to a point on the North Right of Way line of Page 7 of 14 Bloomfield Road; thence leaving said North line and with said Right of Way line**in a Northeasterly direction, along the arc of a non-tangent curve concave to the Northwest having a radius of 970.00 feet, a distance of 33.84 feet, (said arc having a chord bearing of North 32'51'53"East, 33.83 feet) to a point on the North line of property described in Deed Book 1019,Page 377, said point also being the Point of Beginning; thence leaving said North line and with the arc of a leaving said North line and with said Right of Way line in a Northeasterly direction,along the arc of a non-tangent curve concave to the Northwest having a radius of 970.00 feet, a distance of 88.07 feet, (said arc having a chord bearing of North 29°15'52" East, 88.04 feet); thence North 2639'48"East, 62.06 feet;thence in a Northeasterly direction, along the arc of a tangent curve concave to the Southeast having a radius of 1,030.00 feet, a distance of 82.90 feet, (said arc having a chord bearing of North 28'58'09"East, 82.88 feet); thence North 31°16'30"East,402.53 feet; thence in a Northeasterly direction,along the arc of a tangent curve being concave to the Northwest having a radius of 970.00 feet,a distance of 36.07 feet, (said arc having a chord bearing of North 30°12'35"East, 36.06 feet); thence North 2908'40" East,263.86 feet; thence leaving said Right of Way line,South 60°52'55"East,30.00 feet; thence South 29°08'40"West, 33.12 feet; thence in a Southwesterly direction, along the arc of a tangent curve being concave to the Southeast having a radius of 1,000.00 feet,a distance of 8.15 feet, (said arc having a chord bearing of South 28°54'39"West, 8.15 feet); thence South 2840'39"West,218.56 feet; thence in a Southwesterly direction, along the arc of a tangent curve being concave to the Northwest having a radius of 1,000.00 feet,a distance of 45.33 feet, (said arc having a chord bearing of South 2958'34"West,45.33 feet); thence South 31°16'30"West, 398.41 feet; thence in a Southwesterly direction,along the arc of a tangent curve being concave to the Southeast having a radius of 1,000.00 feet, a distance of 80.49 feet, (said arc having a chord bearing of South 2858'09"West, 80.47 feet); thence South 2639'48"West, 62.16 feet; thence in a Southwesterly direction,along the arc of a tangent curve being concave to the Northwest having a radius of 1,000.00 feet,a distance of 74.86 feet, (said arc having a chord bearing of South 28°48'49"West, 74.84 feet) ; thence North 84°40'31"West, 35.64 feet to the point of beginning and containing 14,362 square feet,more or less. TRACT 15. KENNETH G. SCHWAB,TRUSTEE OF THE KENNETH G. SCHWAB REVOCABLE LIVING TRUST DATED OCTOBER 21,2005 TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 787, IN TOWNSHIP 30 NORTH,RANGE 13 EAST LNT THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of Lot 5 of River Forest Subdivision,a subdivision on file in the Land Records of said county in Plat Book 15,Page 65; thence with the North line of said Lot 5,North 8440'31" West, 11.31 feet to a point on the North Right of Way line of Bloomfield Road; thence leaving said North line and with said Right of Way line in a Northeasterly direction, along the arc of a non-tangent curve concave to the Northwest having a radius of 970.00 feet,a distance of 33.84 feet, (said arc having a chord bearing of North 32'51'53"East, 33.83 feet) to a point on the North line of property described in Deed Book 1019,Page 377, said point also being the Point of Beginning; thence leaving said Right of Way line and with said North line,North 84°40'31"West, 11.19 feet; thence leaving said North line in a Northeasterly direction, along the arc of a non-tangent curve concave to the Northwest having a radius of 960.00 feet,a distance of 92.16 feet, (said arc having a chord bearing of North 2924'49"East, 92.13 feet); thence North 26°39'48"East, 62.06 feet; thence in a Northeasterly direction, along the arc of a tangent curve being concave to the Southeast having a radius of 1,040.00 feet,a distance of 27.17 feet, (said arc having a chord bearing of North 27°24'42"East, 27.17 feet); thence North 6150'18"West, 10.00 feet; thence in a Northeasterly direction,along the arc of a non-tangent curve being concave to the Southeast having a radius of 1,050.00 feet, a distance of 57.08 feet, (said arc having a chord bearing of North 29°43'03" East, 57.07 feet); thence North 31°16'30"East,395.74 feet; thence South 5843'30"East, 10.00 feet; thence North 31°16'30"East, 6.78 feet; thence in a Northeasterly direction,along the arc of a tangent curve being concave to the Northwest having a radius of 960.00 feet,a distance of 35.69 feet, (said arc having a chord bearing of North 30°12'35"East, 35.69 feet); thence North 29°08'40"East, 305.96 feet;thence South 6051'20"East, 10.00 feet; thence South 29°08'40"West, 305.96 feet; thence in a Southwesterly direction, along the arc of a tangent curve being concave to the Northwest having a radius of 970.00 feet,a distance of 36.07 feet, (said arc having a chord bearing of South 3012'35"West, 36.06 feet); thence South 3116'30"West,402.53 feet; thence in a Southwesterly direction,along the arc of a tangent curve being concave to the Southeast having a radius of 1,030.00 feet, a distance of 82.90 feet, (said arc having Page 8 of 14 a chord bearing of South 2858'09"West, 82.88 feet);thence South 26°39'48"West, 62.06 feet; thence in a Southwesterly direction, along the arc of a tangent curve being concave to the Northwest having a radius of 970.00 feet,a distance of 88.07 feet, (said arc having a chord bearing of South 29°15'52"West, 88.04 feet) to the point of beginning and containing 29,400 square feet,more or less. TRACT 16. EARL H. NORMAN, RUTH ANN NORMAN,AND THE RUTH ANN NORMAN REVOCABLE LIVING TRUST AGREEMENT,DATED DECEMBER 4,1987 FEE SIMPLE INTEREST PART OF UNITED STATES PRIVATE SURVEY NUMBER 787,TOWNSHIP 30 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Westernmost corner of a tract of land recorded in Document Number 2009-02665, being the westernmost corner of Lot 1 of Briarwood Estates First, a subdivision on file in the land records of said county in Plat Book 15,Page 13, said corner being on the East Right of Way line of Bloomfield Road; thence leaving said Right of Way line and with the Southern line of said lot,South 52°32'29"East, 8.99 feet;thence leaving said southerly lot line,South 3117'16"West, 23.35 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet, a distance of 78.07 feet, (said arc having a chord bearing of South 2858'09"Nest, 78.05 feet); thence South 2639'48"West, 62.06 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 1,030.00 feet,a distance of 194.43 feet, (said arc having a chord bearing of South 3204'16"West, 194.15 feet); thence South 37°28'45"West, 23222 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet, a distance of 126.96 feet, (said arc having a chord bearing of South 33°43'46"West, 126.87 feet); thence South 29°58'48"West, 300.74 feet;thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet,a distance of 18.74 feet, (said arc having a chord bearing of South 29'25'35"West, 18.74 feet);thence South 2852'23"West, 292.80 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet, a distance of 121.44 feet, (said arc having a chord bearing of South 2'17'11"West, 121.36 feet); thence South 21°42'00"West, 112.92 feet; thence North 68°18'00"West, 28.00 feet to a point in the center of Bloomfield Road; thence with said centerline,North 21°42'00"East, 112.80 feet;thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,000.00 feet,a distance of 125.20 feet, (said arc having a chord bearing of North 2517'11"East, 125.11 feet); thence North 28'52'23" East 292.66 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,000.00 feet, a distance of 19.32 feet, (said arc having a chord bearing of North 29°25'35"East, 19.32 feet);thence North 29'58'48"East, 300.59 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,000.00 feet,a distance of 130.88 feet, (said arc having a chord bearing of North 33°43'46" East, 130.79 feet); thence North 37°28'45"East,232.27 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 1,000.00 feet, a distance of 188.77 feet, (said arc having a chord bearing of North 3204'16" East, 188.49 feet); thence North 26°39'48"East, 62.16 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,000.00 feet, a distance of 80.49 feet, (said arc having a chord bearing of North 2858'09"East, 80.47 feet); thence North 3116'30"East, 26.30 feet; thence South 5232'29" East, 19.17 feet to the Point of Beginning and containing 43,891 square feet,more or less. TRACT 17. EARL H. NORMAN, RUTH ANN NORMAN,AND THE RUTH ANN NORMAN REVOCABLE LIVING TRUST AGREEMENT, DATED DECEMBER 4, 1987 PERMANENT TRAIL EASEMENT PART OF UNITED STATES PRIVATE SURVEY NUMBER 787,TOWNSHIP 30 NORTH,RAl\TGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN INT THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Westerly corner of a tract of land recorded in Document Number 2009-02665,being the westernmost corner of Lot 1 of Briarxvood Estates First, a subdivision on file in the land records of said county in Plat Book 15,Page 13, said corner also being on the East Right of Way line of Bloomfield Road; Page 9 of 14 thence leaving said Right of Way line, and with the Southern line of said lot, South 5232'29"East, 8.99 feet to the Point of Beginning; thence continue with said Southerly lot line, South 5232'29"East,43.42 feet;thence leaving said Southerly lot line, South 31'4'05"West, 76.94 feet;thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet, a distance of 13.09 feet, (said arc having a chord bearing of South 35°00'40"West, 13.08 feet); thence South 3816'15"West, 57.60 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 93.00 feet, a distance of 28.82 feet, (said arc having a chord bearing of South 2923'31"West, 28.71 feet); thence South 2030'47"West, 37.10 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet, a distance of 30.52 feet, (said arc having a chord bearing of South 2806'56"West, 30.43 feet); thence South 35043'05"West, 23.65 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 185.00 feet, a distance of 24.83 feet, (said arc having a chord bearing of South 31°52'21"West,24.82 feet); thence South 2801'36"West, 42.44 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 215.00 feet, a distance of 16.99 feet, (said arc having a chord bearing of South 30°17'27"West, 16.99 feet); thence South 32°33'18"West, 80.62 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 515.00 feet,a distance of 113.61 feet, (said arc having a chord bearing of South 38°52'28"West, 113.38 feet); thence South 45°11'38"West, 22.62 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 181.72 feet,a distance of 45.66 feet, (said arc having a chord bearing of South 37°59'45"West, 45.54 feet); thence South 3047'52"West, 35.43 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 105.00 feet, a distance of 42.43 feet, (said arc having a chord bearing of South 4222'30"West, 42.14 feet); thence South 53°57'07"West, 21.42 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 75.00 feet,a distance of 34.09 feet, (said arc having a chord bearing of South 4055'57"West, 33.79 feet); thence South 27°54'46"West, 92.17 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 35.00 feet, a distance of 13.75 feet, (said arc having a chord bearing of South 16°39'39"West, 13.66 feet); thence South 05°24'33"West,49.20 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 65.00 feet, a distance of 34.64 feet, (said arc having a chord bearing of South 20°40'28"West, 34.23 feet); thence South 3556'24"West, 69.75 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 285.00 feet,a distance of 31.02 feet, (said arc having a chord bearing of South 32°49'18"West, 31.01 feet); thence South 29°42'11"West, 21.05 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 315.00 feet,a distance of 57.54 feet, (said arc having a chord bearing of South 3456'09"West, 57.46 feet); thence South 40°10'08"West, 38.17 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 285.00 feet,a distance of 60.86 feet, (said arc having a chord bearing of South 34°03'03"West, 60.75 feet); thence South 27°55'58"West, 162.83 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 185.00 feet,a distance of 16.97 feet, (said arc having a chord bearing of South 25°18'20"West, 16.96 feet); thence South 22°40'42"West, 25.13 feet;thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet,a distance of 24.20 feet, (said arc having a chord bearing of South 2842'24"West, 24.15 feet);thence South 34°44'06"West, 11.47 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 85.00 feet, a distance of 47.86 feet, (said arc having a chord bearing of South 1836'10"West, 47.23 feet); thence South 0228'15"West, 23.30 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet, a distance of 42.97 feet, (said arc having a chord bearing of South 13°10'33"West,42.72 feet); thence North 68°18'00"West, 38.46 feet;thence North 21°42'00"East, 112.92 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet,a distance of 121.44 feet, (said arc having a chord bearing of North 2517'11"East, 121.36 feet); thence North 2852'23"East,292.80 feet;thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet,a distance of 18.74 feet, (said arc having a chord bearing of North 29°25'35" East, 18.74 feet);thence North 2958'48"East, 300.74 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 970.00 feet,a distance of 126.96 feet, (said arc having a chord bearing of North 33°43'46" East, 126.87 feet); thence North 3728'45"East, 232.22 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 1,030.00 feet, a distance of 194.43 feet, (said arc having a chord bearing of North 3204'16"East, 194.15 feet);thence North 2639'48" East, 62.06 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast Page 10 of 14 having a radius of 970.00 feet,a distance of 78.07 feet, (said arc having a chord bearing of North 28°58'09" East, 78.05 feet);thence North 31°17'16"East, 23.35 feet to the Point of Beginning and containing 53,880 square feet,more or less. TRACT 18. EARL H. NORMAN, RUTH ANN NORMAN AND THE RUTH ANN NORMAN REVOCABLE LIVING TRUST AGREEMENT, DATED DECEMBER 4,1987 TEMPORARY CONSTRUCTION EASEMENT PART OF UNITED STATES PRIVATE SURVEY NUMBER 787,TOWNSHIP 30 NORTH,Rrli\TGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the most Westerly corner of a tract of land recorded in Document Number 2009-02665,being the westernmost corner of Lot 1 of Briarwood Estates First, a subdivision on file in the land records of said county in Plat Book 13,Page 13, said corner being on the East Right of Way line of Bloomfield Road; thence leaving said Right of Way line, and with the Southern line of said lot, South 52°32'29"East, 52.41 feet to the Point of Beginning; thence continue with said Southerly lot line,South 52°32'29"East, 10.05 feet; thence leaving said Southerly lot line,South 31°45'05"West, 75.94 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 125.00 feet, a distance of 1422 feet, (said arc having a chord bearing of South 33°00'40"West, 14.22 feet); thence South 38°16'13"West, 37.60 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 83.00 feet,a distance of 25.72 feet, (said arc having a chord bearing of South 29°23'31"West, 25.62 feet); thence South 20°30'47"West, 37.10 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 125.00 feet, a distance of 33.17 feet, (said arc having a chord bearing of South 28°06'56"West, 33.08 feet); thence South 35°43'05"West, 23.65 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 175.00 feet, a distance of 23.49 feet, (said arc having a chord bearing of South 31°32'21"West,23.47 feet); thence South 28°01'36"West,42.44 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 225.00 feet,a distance of 17.78 feet, (said"arc having a chord bearing of South 30°17'27"West, 17.78 feet); thence South 32°33'18"West, 80.62 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 525.00 feet, a distance of 115.81 feet, (said arc having a chord bearing of South 38°32'28"West, 113.38 feet); thence South 43°11'38"West, 22.62 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 171.72 feet, a distance of 43.13 feet, (said arc having a chord bearing of South 37°39'43"%Xlest, 43.03 feet); thence South 30°47'32"West, 33.43 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet, a distance of 46.47 feet, (said arc having a chord bearing of South 42°22'30"West,46.16 feet); thence South 53°37'07"West,21.42 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 65.00 feet,a distance of 29.54 feet, (said arc having a chord bearing of South 40°55'57"West,29.29 feet);thence South 27°54'46"West, 92.17 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 25.00 feet, a distance of 9.82 feet, (said arc having a chord bearing of South 16°39'39"West,9.76 feet);thence South 05°24'33"West,4920 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 75.00 feet, a distance of 39.96 feet, (said arc having a chord bearing of South 20°40'28"West, 39.49 feet); thence South 35°56'24"West, 69.75 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 275.00 feet, a distance of 29.94 feet, (said arc having a chord bearing of South 32°49'18"West,29.92 feet); thence South 29°42'11"West, 21.05 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 325.00 feet,a distance of 59.37 feet, (said arc having a chord bearing of South 34°56'09"West, 5928 feet); thence South 40°10'08"West, 38.17 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 275.00 feet, a distance of 58.73 feet, (said arc having a chord bearing of South 34°03'03"West, 58.62 feet); thence South 27°55'58"West, 162.83 feet;thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 175.00 feet, a distance of 16.05 feet, (said arc having a chord bearing of South 25°18'20"West, 16.04 feet); thence South 24°40'42"West,25.13 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 125.00 feet, a distance of 26.30 feet, (said arc having a chord bearing of South 28°42'24"West, 2625 feet);thence South 34°44'06"West, 11.47 feet; thence in a Southwesterly direction along the arc of a tangent curve concave Page 11 of 14 to the Southeast having a radius of 75.00 feet, a distance of 42.23 feet, (said arc having a chord bearing of South 18°36'10"West,41.68 feet); thence South 02°28'13"West, 23.30 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Northwest having a radius of 125.00 feet,a distance of 30.40 feet, (said arc having a chord bearing of South 14°01'20"West, 30.06 feet); thence South 25°34'25"West, 19.98 feet; thence North 6818'00"West, 74.91 feet to a Point on the centerline of said.Bloomfield Road; thence with said centerline,North 21°42'00"East,24.00 feet; thence leaving said centerline, thence South 6818'00"East, 66.46 feet; thence in a Northeasterly direction along the arc of a non-tangent curve concave to the Southwest having a radius of 113.00 feet, a distance of 42.97 feet, (said arc having a chord bearing of North 1310'33" East,42.72 feet);thence North 02°28'13" East, 23.30 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 83.00 feet,a distance of 47.86 feet, (said arc having a chord bearing of North 1836'10"East,47.23 feet); thence North 34°44'06"East, 11.47 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 113.00 feet,a distance of 24.20 feet, (said arc having a chord bearing of North 2842'24"East,24.15 feet); thence North 22°40'42"East, 23.13 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 185.00 feet, a distance of 16.97 feet, (said arc having a chord bearing of North 2518'20"East, 16.96 feet); thence North 27°55'58"East, 162.83 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 285.00 feet,a distance of 60.86 feet, (said arc having a chord bearing of North 3403'03" East, 60.75 feet); thence North 40°10'08"East, 38.17 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 315.00 feet, a distance of 57.34 feet, (said arc having a chord bearing of North 3456'09" East, 57.46 feet);thence North 29°42'11" East, 21.05 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 285.00 feet, a distance of 31.02 feet, (said arc having a chord bearing of North 3249'18" East, 31.01 feet); thence North 3556'24"East, 69.75 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 65.00 feet, a distance of 34.64 feet, (said arc having a chord bearing of North 20°40'28"East, 34.23 feet); thence North 05°24'33" East,49.20 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 35.00 feet, a distance of 13.73 feet, (said arc having a chord bearing of North 1639'39"East, 13.66 feet); thence North 27°54'46"East, 92.17 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 75.00 feet, a distance of 34.09 feet, (said arc having a chord bearing of North 40°55'57"East, 33.79 feet);thence North 53°57'07"East, 21.42 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 105.00 feet,a distance of 42.43 feet, (said arc having a chord bearing of North 42°22'30"East,42.14 feet); thence North 3047'52"East, 35.43 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 181.72 feet, a distance of 45.66 feet, (said arc having a chord bearing of North 37°59'43"East,45.54 feet);thence North 4511'38"East, 22.62 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 515.00 feet, a distance of 113.61 feet, (said arc having a chord bearing of North 3852'28"East, 113.38 feet);thence North 32°33'18"East, 80.62 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 215.00 feet,a distance of 16.99 feet, (said arc having a chord bearing of North 30°17'27"East, 16.99 feet); thence North 2801'36" East,42.44 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 185.00 feet,a distance of 24.83 feet, (said arc having a chord bearing of North 3152'21"East, 24.83 feet); thence North 35°43'05"East,23.65 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet,a distance of 30.52 feet, (said arc having a chord bearing of North 28°06'56"East, 30.43 feet); thence North 20°30'47"East, 37.10 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 93.00 feet, a distance of 28.82 feet, (said arc having a chord bearing of North 2923'31"East, 28.71 feet); thence North 38°16'15"East, 37.60 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Northwest having a radius of 115.00 feet,a distance of 13.09 feet, (said arc having a chord bearing of North 3500'40"East, 13.08 feet);thence North 3145'05" East, 76.94 feet; to the Point of Beginning and containing 16,504 square feet, more or less. TRACT 19. SANDY MCLANE-DONLEY FEE SIMPLE INTEREST Page 12 of 14 THAT PART UNITED STATES PRIVATE SURVEY NUMBER 787 BEING IN TOWNSHIP 30 NORTH, RANGE 13 EAST IIT THE COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at a point in the center of County Road 20D, (A.K.A. Bloomfield Road), being the Southeast corner of a tract of land recorded in Document Number 200 -06955, said corner also being on the South line of said tract of land; thence with said South line,North 82°31'19"West, 32.00 feet; thence leaving said South line,North 06'55'14"East, 73.67 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 782.00 feet,a distance of 201.72 feet, (said arc having a chord bearing of North 1418'37"East, 201.16 feet);thence North 21°42'00"East, 184.6 feet;thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having,a radius of 1,030 feet,a distance of 16.92 feet, (said arc having a chord bearing of North 2210'14"East, 16.92 feet); thence in a Northeasterly direction along the arc of a tangent curve concave to the Southwest having a radius of 30.00 feet,a distance of 42.11 feet, (said arc having a chord bearing of North 1734'31"West, 38.74 feet); thence in a Northwesterly direction along the arc of a tangent curve concave to the Northeast having a radius of 330.00 feet, a distance of 32.08 feet, (said arc having a chord bearing of North 55'00'23"West, 32.07 feet); thence North 52°13'18"West, 122.0 feet; thence North 37°46'42"East, 30.00 feet to a point in the center of Bloomfield Road; thence with the center of said road, South 52'13'18"East, 122.05 feet; thence in a Southeasterly direction along the arc of a tangent curve concave to the Northeast having a radius of 300.00 feet,a distance of 59.90 feet, (said arc having a chord bearing of South 57°56'30"East, 59.80 feet); thence South 6339'42"East, 23.03 feet to the intersection of Benton and Bloomfield Roads; thence with the center of said Bloomfield Road,in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,000.00 feet, a distance of 70.68 feet, (said arc having a chord bearing of South 23°43'29"West, 70.66 feet);thence South 2142'00"West, 184.33 feet; thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 70.00 feet,a distance of 193.46 feet, (said arc having a chord bearing of South 14°18'37"West, 192.93 feet); thence South 06'33'14"West, 73.80 feet to the Point of Beginning and containing 22,319 square feet,more or less. TRACT 20. SANDY MCLANE-DONLEY TEMPORARY CONSTRUCTION EASEMENT THAT PART UNITED STATES PRIVATE SURVEY NUMBER 787 BEING IN TOWNSHIP 30 NORTH, RANGE 13 EAST IN'THE COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a point in the center of County Road 205, (A.K.A. Bloomfield Road), being the Southeast corner of a tract of land recorded in Document Number 200 -06955, said corner also being on the South line of said tract of land;thence with said South line,North 82'51'19"West, 32.00 feet; thence leaving said South line, North 06'55'14"East, 73.67 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 782.00 feet,a distance of 201.72 feet, (said arc having a chord bearing of North 1418'37"East, 201.16 feet); thence North 2142'00" East, 71.73 feet to the Point of Beginning; thence North 68°18'00"West, 10.00 feet; thence North 21°42'00"East, 112.92 feet; thence in a Northeasterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,040.00 feet,a distance of 17.08 feet, (said arc having a chord bearing of North 22°10'14"East, 17.08 feet); thence in a Northwesterly direction along the arc of a tangent curve concave to the Southwest having a radius of 20.00 feet, a distance of 28.08 feet, (said arc having a chord bearing of North 1734'31"West,23.83 feet); thence in a Northwesterly direction along the arc of a tangent curve concave to the Northeast having a radius of 340.00 feet,a distance of 33.05 feet, (said arc having a chord bearing of North 55°00'23"West, 33.04 feet); thence North 52'13'18" West, 122.05 feet; thence North 3746'42" East, 10.00 feet; thence South 52'13'18"East, 122.0 feet; thence in a Southeasterly direction along the arc of a tangent curve concave to the Northeast having a radius of 330.00 feet,a distance of 32.08 feet, (said arc having a chord bearing of South 55'00'23"East, 32.07 feet); thence in a Southeasterly direction along the arc of a tangent curve concave to the Southwest having a radius of 30.00 feet, a distance of 42.11 feet, (said arc having a chord bearing of South 17°34'31"East, 38.74 feet); thence in a Southwesterly direction along the arc of a tangent curve concave to the Southeast having a radius of 1,030.00 feet, a distance of 16.92 feet, (said arc having a chord bearing of South 2210'14"West, 16.92 feet); thence South 2142'00"West, 112.92 feet to the Point of Beginning and containing 3,196 square feet,more or less. Page 13 of 14 ARTICLE 3. 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, operation,maintenance and improvement of a public street. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AlND APPROVED THIS DAY OF 2010. arry E. R 'ge Mayor ATTEST: Q9��,v Mlsso� Gayleonrad j I City CVerk- Aq Page 14 of 14