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HomeMy WebLinkAboutOrd.4173.12-06-2010 BILL NO. 10-167 ORDINANCE NO. aII 9& AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY ANNEXED BY THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Ordinance No. 1355 , Part 2 , is hereby amended by repealing the legal description of the boundaries of "Ward 4" in its entirety and enacting a new legal description of the boundaries of "Ward 4" , in words and figures, to read as follows : WARD 4 (1) Beginning at a point where the centerline of Perry Avenue intersects the centerline of Perryville Road; thence in a northerly direction with said centerline of Perry Avenue to its intersection with the centerline of Wayne Street; thence in an easterly direction with the centerline of Wayne Street to its intersection with the centerline of West End Boulevard; thence in a northerly direction with the centerline of West End Boulevard to its intersection with the centerline of Bertling Street; thence in an easterly direction with the centerline of Bertling Street to its intersection with the centerline of Old Sprigg Street Road; thence in a northerly direction with the centerline of Old Sprigg Street Road to its intersection with the northern city limits of the City of Cape Girardeau effective September 4 , 2001 ; thence North along the west right-of-way line of Old Sprigg Street Road to the North line of the Southwest Quarter of the Southeast Quarter of Section 19, Township 31 North, Range . 14 East; thence west to the east right-of-way line of Cape Rock Drive; thence in a northerly direction along the east right-of-way line of Cape Rock Drive to the northern city limits of the City of Cape Girardeau effective September 4 , 2001 to the western right-of-way line of Cape La Croix Road 1 (State Route W) ; thence North along said right- of-way line to the south line of an existing 50- foot wide ingress and egress easement (Deer Creek Road) ; thence following said line west to the east line of Lot No. 4 of Cape La Croix Farms Subdivision as recorded in plat book no. 17 at page no. 12 ; thence S 130 56 ' 31" E, 487 . 41 feet; thence following the northern city limits of the City of Cape Girardeau effective September 4 , 2001 to the North line of lot 7 of the Route W Commercial' Center; thence including lots 5, 6 and 7 of the Route W Commercial Center; thence to the Northwest corner of lot 4 of the Route W Commercial Center; thence following the city limits line effective September 4 , 2001 to the North line of Lot number 18 of the Lynwood Hills Second Amended Subdivision; thence west along the North line of Lot number 18 to the city limits line effective September 4 , 2001; thence following the city limits line effective September 4 , 2001 to the west right-of-way line of Interstate 55; thence in a southerly direction along the west right-of-way line of Interstate 55 to its intersection with the centerline of Kingshighway; thence in a southeasterly direction with the centerline of Kingshighway to its intersection with the centerline of Lexington Avenue; thence in a northeasterly direction with the centerline of Lexington Avenue to its intersection with the centerline of Rampart Street; thence in a southerly direction with the centerline of Rampart Street to its intersection with the centerline of Jasmine Lane; thence in an easterly direction with the centerline of Jasmine Lane to its intersection with the centerline of Carolina Street; thence in a southerly direction with the centerline of Carolina Street to its intersection with the centerline of Lisa Drive; thence in an easterly direction with the centerline of Lisa Drive to the end of its construction as of September 4 , 2001; thence eastwardly along the extension of the centerline of Lisa Drive, more or less parallel to the centerline of Melrose Avenue, to the centerline of a platted, but unconstructed, section of Lisa Drive west of Westwood Drive; thence easterly along said centerline to its intersection with 2 the centerline of Westwood Drive; thence in a northeasterly direction with the centerline of Westwood Drive to its intersection with the centerline of Perryville Road; thence in a southeasterly direction with the centerline of Perryville Road to its intersection with the centerline of Perry Avenue, being the point of beginning of the Ward herein described. (2) Freitag (Lacroix Pet Hospital) . That part of the Northwest Quarter of Section 23 , Township 31 North, Range 13 East of the Fifth Principal Meridian, County of Cape Girardeau, State of Missouri, described as follows : Lots One (1) , Two (2) and Three (3) of Peaceable Acres Subdivision as recorded in Plat Book 17 , Page 24 , of the Land Records of Cape Girardeau County, Missouri . (3) Rademaker (Coyote Creek Subdivision) . a. Tract 1 : That part of the Southwest Quarter of Section 13 , Township 31 North, Range 13 East of the Fifth Principle Meridian in the County of Cape Girardeau, the State Of Missouri, described as follows : Commence at the Southwest corner of said Section 13 ; thence North 890 34 ' 00" East, with the south line of said Section 13 , a distance of 146 . 40 feet; thence North 260 22 ' 00" East, 524 . 00 feet; thence North 56022100" East, 276 . 30 feet; thence North 160 22 ' 00" East, 200 . 50 feet, to a point in Perryville Road; thence North 070 01 ' 32" West, 49 . 70 feet, to the point of beginning; thence North 740 52 ' 03" East, 254 . 06 feet; thence North 830 15 ' 50" East, 420 . 85 feet; thence North 010 16 ' 13" West, 309 . 36 feet, to the southeast corner of a tract described in Deed Book 283 at page 884 of the Land Records of said county; thence North 890 44 ' 00" West, 709 . 12 feet, to a point in Perryville Road; thence with said road, South 070 01 ' 32" East, 431 . 52 feet, to the point of beginning, and containing 5 . 67 acres, more or less . Subject to that part 3 within Perryville Road, and subject to any easements of record. b. Tract 2: Also Part of 15-600-13-00-01700 . All that part of the West Half of the Southwest Quarter of Section 13 , Township 31 North, Range 13 East, County of Cape Girardeau, Missouri, described as follows : Start at the southwest corner of said Section 13 and run North 890 34 ' East, 26 . 0 feet to the intersection of the South line of South line of Section 13 and the East right-of-way line of State Route "W" ; thence North 00 56 ' West along the East right-of- way line of Route "W" 898 . 0 feet; thence North 30 48 ' West, 100 . 1 feet; thence North 00 56 ' West, 764 . 3 feet; thence South 890 44 ' East, 515 . 2 feet to a point in the center of the Perryville Road; thence South 120 13 ' East, 352 . 33 feet for the point of beginning; thence South 890 44 ' East, 731 . 95 feet; thence South 10 18 ' East, 122 . 0 feet; thence North 890 44 ' West, 709 . 0 feet to a point in the center of the Perryville Road; thence North 70 03 ' West with the center of said road 8 . 78 feet, thence North 120 13 ' West, 115 . 6 feet to the point of beginning containing 2 . 01 acres more or less . Excepting therefrom the right-of-way of the Perryville Road. (4 ) Southeast Missouri University Foundation (SEMO University Foundation Technology Park/I-55) . All that part of the following described property which lies east of the east right-of-way line of I-55 : a. Tract 1 : Part of Survey 790, Township 31 North, Range 13 East, described as follows : Begin at the Southwest corner of said Survey; thence in an Easterly direction along the South boundary line of said Survey, 158 poles to a stake for a corner from which a White Oak bears South 500 East 14 links and a Poplar bears North 400 West 62 links ; thence North 214 poles to a stake for a corner from which a Dogwood bears 4 North 280 West, 43 links and a White Oak bears South 260 East, 29 links; thence West 148 poles to a stake on the West boundary line of said Survey 790 from which a Hickory bears North 22 links and another Hickory bears South 200 West, 33 links ; thence along the West line of said Survey 790 to the place of beginning, containing 204 . 16 acres, being the same land acquired by Leonard G. Pierce and Flo Pierce, his wife, by Sheriff ' s Deed in partition dated January 13 , 1942 and recorded in Book 120 at page 230 of the land records of Cape Girardeau County. b. Tract 2: That part of U. S . Survey 202, Township 31 North, Range 13 East, described as follows : Beginning at the Northwest corner of Survey No. 212 ; thence S 840 E, 38 . 17 chains with the North line of said survey to the Northeast corner of said survey; thence S 60 45 ' W with the East line of said survey, 48 . 84 chains to a stone corner on the North line of Survey 788 and a corner of Survey 202 ; thence N 830 30 ' W, 7 . 61 chains for a stone corner; thence N 470 W, 8 . 53 chains for a corner in the Bainbridge Road; thence S 490 W with said road, 4 . 83 chains for a corner in the county road intersection; thence following the Bainbridge Road the following courses and distances : N 430 53 ' W, 1 . 19 chains; N 450 41 ' W, 11 . 37 chains; N 390 21 ' W, 6 . 52 chains ; N 740 35 ' W, 7 . 33 chains to a corner on the West line of Survey 202 , thence leaving the Bainbridge Road, N 80 E, 23 . 94 chains with the West line of said Survey 202 to the Southwest corner of Old McKendree Chapel Lot; thence S 790 E, 5 . 56 chains to the Southeast corner of said lot; thence N 80 E, 3 . 60 chains to the Northeast corner of said lot; thence N 790 W, 5 . 56 chains to a stone, the Northwest corner of said lot; thence N 80 E with the West line of Survey 202 , 6 . 19 chains to the point of beginning. Containing 163 . 78 acres, more or less . It being the intent to convey all of the land 5 described in Book 164 , pages 341 and 342 , except that part South of the Bainbridge Road. Tract 3: Part of the Northeast Fractional Quarter of Section 9, Township 31 Range 13 East, described as follows : Begin at the Northeast corner of Survey 202 on the South line of Survey 790 in Township 31, Range 13 East, from which a Walnut 10 inches bears North 840 West, 24 links; thence South 60 West, 6 . 47 chains to a corner from which a Walnut 11 inches bears South 60 West; thence South 840 East, 1 . 50 chains to a corner; thence North 60 East, 6 . 47 chains to a corner; thence North 840 West 1 . 50 chains to the beginning corner; being a part of a tract of real estate conveyed to Lloyd R. Lowes by Blanche M. Rhodes by deed dated December 19, 1947 , recorded in Book 140 at page 162 in the Recorder' s Office at Jackson, Missouri . Tract 4 : All of a tract of land containing 33 . 016 acres situated in the Northeast Fractional Quarter of Section 9 in Township 31 North, Range 13 East and described by metes and bounds as follows : From the Northeast corner of U. S . Survey No. 202 , which is also the Northwest corner of said Northeast Fractional quarter of Section 9, measure S 60 W, 427 . 5 feet to the beginning corner; thence S 60 W, 915 feet to a corner in the center of Public Road; thence S 720 25 ' E, 378 . 5 feet to a corner in the road; thence N 820 04 ' E, 310 feet to a corner in the road; thence S 770 56 ' E, 315 feet to a corner in the road; thence leave road N 40 26 ' W, 45 feet to a corner; thence follow the branch N 850 34 ' E, 310 feet to a corner; thence N 360 16 ' E, 404 . 6 feet to a corner; thence N 480 16 ' E, 170 feet to a corner; thence N 280 16 ' E, 180 feet to a corner; thence N 430 16 ' E, 60 feet to a corner; thence N 330 21 ' E, 161 feet to a corner; thence N 830 20 ' W, 1809 feet to the beginning corner. ALSO, Part of Survey 2262 in Township 31 North, Range 13 East, commencing at the Southeast corner of said Survey for the point of beginning; thence North with the East line of said Survey 2262 , 22 chains to a stake for a corner; thence West 6 parallel with the South boundary line of said Survey, 22 chains to a stake for a corner; thence South parallel with the East boundary of said Survey, 22 chains to a corner on the South boundary line of said Survey; thence East with said South boundary line, 22 chains to the point of beginning; said tract is sometimes known as lot 7 of Dennis Subdivision of Survey 2262 , the part of lying East of I-55 right-of-way containing 10 . 1 acres, more or less . ALSO, part of Survey 2262 in Township 31 North, Range 13 East, containing . 75 acres, more or less . (5) Missouri State Highway and Transportation Commission - (SEMO University Foundation Technology Park/I-55) . Description of Interstate 55 R/W: Present northern city limits to the North Line of the Southeast Missouri Technology Research Park. All of the right-of-way of United States Interstate 55, being located within Cape Girardeau County, Missouri, and lying between the following locations : The Southerly limits of said right-of-way being at the present northern city limits of the City of Cape Girardeau, at a point in Section 16, Township 31 North, Range 13 East of the Fifth Principal Meridian, at the approximate Interstate 55 Centerline Station 1003+12 , said southerly line being in conformance with the present city limits line and not perpendicular to the Interstate centerline; and the Northerly limits of said right-of-way being at a point in United States Private Survey Number 2262 , Township 31 North, Range 13 East of the Fifth Principal Meridian, the Northerly limits of said right-of-way to be the full width of the Interstate right-of-way measured perpendicular to the Interstate 55 Centerline Station 869+80 . 41; and the total length of right-of-way described herein to be approximately 13 , 386 feet . (6) LaSalle Fork Detention Reservoir. All of that part of the Southwest Quarter of Section No. 11, Township 31 North, Range 13 East; and all of that part of the Northeast Quarter of Section No. 15, Township 31 North, Range 13 East, and all of that 7 part of Lacroix Industrial Park, amended, and all of that part of U. S . P. Survey No. 2277, all east of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, described as follows : Commence at a sandstone with a chiseled cross on the common corner of U. S . P. Survey No. 2277 and Sections 10, 11, and 15 ; thence with the South line of said Section No. 11, North 890 24 ' 14" East, 983 . 27 feet, to Missouri State Plane Coordinate Northing 559792 . 81 and Easting 1087480 . 23 , the point of beginning; thence leaving said South line of said Section 11, South 170 41 ' 43" East, 213 . 92 feet; thence South 030 37 ' 04" East, 874 . 75 feet; thence South 800 32 ' 43" West, 172 . 19 feet; thence North 430 08 ' 41" West, 793 . 22 feet; thence South 360 21 ' 08" West, 251 . 05 feet; thence North 89046 ' 53 " West, 446 . 35 feet, to Missouri State Plane Coordinate Northing 559065 . 98 and Easting 1086293 . 00, being also a point on the North line of a tract recorded in the name of the Joseph D. James Revocable Living Family Trust as conveyed in warranty deed book 755 , at page 40; thence leaving said North line, South 600 47 ' 42" East, 768 . 37 feet; thence South 310 56 ' 13" West, 199 . 62 feet; thence South 45023138" West, 132 . 50 feet, to Missouri State Plane Coordinate Northing 558428 . 62 and Easting 1086763 . 77, said point also being on the North line of a tract recorded in the name of Masters Farms Inc . as conveyed in warranty deed book 209, at pages 295-296 and 465-467 ; thence leaving said North line, South 450 23 ' 38" West, 111 . 38 feet; thence South 790 33 ' 34" East, 937 . 41 feet; thence South 050 30 ' 47" West, 353 . 60 feet; thence South 570 54 ' 29" East, 216 . 90 feet; thence South 000 42 ' 47" East, 936 . 25 feet; thence South 800 32 ' 43" West, 40 . 78 feet; thence South 370 31 ' 13 " West, 41 . 04 feet; thence South 470 18 ' 11" East, 464 . 79 feet; thence South 630 32 ' 39" East, 273 . 42 feet; thence South 070 13 ' 45" West, 615 . 40 feet; thence North 570 17 ' 05" East, 708 . 58 feet; thence South 170 27 ' 52" West, 443 . 69 feet; thence South 110 13 ' 12" West, 550 . 13 feet; thence South 39014103" East, 460 . 16 feet; thence South 02048109" East, 331 . 82 feet, to Missouri State Plane Coordinate Northing 8 554427 . 12 and Easting 1088874 . 56 , being also a point on the North line of Section 23 , Township 31 North, Range 13 East; thence with said North line, North 880 23 ' 23" East, 64 . 40 feet; to the west line of LaSalle Street in said LaCroix Industrial Park (amended) , thence with the West line of said street, South 000 35 ' 13" East, 937 . 66 feet; to the Northwest corner of LaSalle Street and LaPort Street, thence with the North Line of LaPort Street, South 880 09 ' 47" West, 174 . 04 feet to a point on the west line of LaCroix Industrial Park, and thence with said line, South 000 35 ' 13" East, 50 . 01 feet to the Southwest corner of said LaCroix Industrial Park, and a point on the South line of LaPort Street, thence with said South line, North 880 09 ' 47" East, 598 . 45 feet, to the intersection of the South line of LaPort Street and the North Line of Missouri Route ' W' , thence with the North line of said Route 'W' , North 630 28 ' 58" East, 49 . 08 feet, thence leaving the North line of said Route 'W' , and along the east line of Weston Street, North 270 27 ' 30" West, 67 . 80 feet, thence South 750 48 ' 36" West, 51 . 44 feet to a point on the North line of LaPort Street, thence with said North line, South 750 59 ' 02" West, 97 . 74 feet; thence South 88009147" West, 200 . 76 feet; thence North 450 48 ' 03 " West, 59 . 21 feet; to a point on the East line of LaSalle Street, thence with said East Line, North 000 35 ' 13 " West, 894 . 83 feet, to a point on the North line of Section 23 , Township 31 North, Range 13 East; thence with said North line, North 880 23 ' 23 " East, 60 . 59 feet; thence leaving said North line, North 020 50 ' 51" West, 380 . 38 feet, to Missouri State Plane Coordinate North 554807 . 50 and Easting 1089030 . 81; thence North 370 13 ' 33" West, 579 . 16 feet; thence North 100 38 ' 16" East, 385 . 97 feet; thence North 160 15 ' 54 " East, 741 . 01 feet; thence North 270 07 ' 51" East, 112 . 38 feet; thence North 490 58 ' 37" East, 252 . 88 feet, to Missouri State Plane Coordinate Northing 556622 . 55 and Easting 1089203 . 66 , being also a point on the South line of a tract recorded in the name of Donna Charlene Kassel Jett and Jana Jolene Kassel as conveyed in warranty deed book 465 at page 95 ; thence North 420 09 ' 45" East, 9 363 . 91 feet; thence leaving said South line, North 030 13 ' 23 " West, 347 . 52 feet; thence North 220 43 ' 04" East, 559 . 87 feet; thence North 520 54 ' 58" West, 253 . 07 feet, to Missouri State Plane Coordinate Northing 557908 . 30 and Easting 1089442 . 72 , being also a point on the South line of a tract recorded in the name of Robert C. Jr. and Jane E. Sinn, as conveyed in warranty deed book 363 at page 963 and 967 ; thence leaving said South line, North 160 20 ' 16" East, 121 . 93 feet, to Missouri State Plane Coordinate Northing 558025 . 30 and Easting 1089477 . 02 , being also a point on the South line of a tract recorded in the name of L.R. Roper Jr. as conveyed in warranty deed book 370 at page 142 ; thence leaving said South line, North 16020118" East, 53 . 20 feet; thence North 740 01 ' 12" West, 250 . 69 feet; thence South 690 58 ' 11" West, 219 . 87 feet; thence South 400 11 ' 44 " West, 91 . 45 feet, to Missouri State Plane Coordinate Northing 558000 . 20 and Easting 1088985 . 39, being also a point on the North line of said Jett tract; thence leaving said North line, South 400 11 ' 44 " West, 252 . 26 feet; thence North 510 31 ' 53" West, 445 . 26 feet; thence North 230 54 ' 59" East, 22 . 69 feet, to Missouri State Plane Coordinate Northing 558105 . 24 and Easting 1088483 . 15, being also a point on the South line of said Roper tract; thence leaving said South line, North 230 54 ' 59" East, 768 . 17 feet; thence South 780 03 ' 34" West, 350 . 44 feet; thence North 120 21 ' 30" West, 569 . 10 feet; thence North 130 02 ' 19" East, 331 . 22 feet; thence North 100 19 ' 13" West, 196 . 52 feet, to Missouri State Plane Coordinate Northing 559806 . 88 and Easting 1088369 . 43 , being also a point on the South line of a tract recorded in the name of Glenn H. and Mary G. Nenninger, as conveyed in warranty deed book 194 at page 363 ; thence with said South line, South 880 52 ' 45" West, 132 . 28 feet; thence leaving said South line, North 220 16 ' 08" East, 61 . 19 feet; thence North 230 26 ' 58" East, 237 . 06 feet; thence North 260 53 ' 52" East, 614 . 71 feet; thence North 420 56 ' 33" East, 125 . 96 feet; thence North 460 13 ' 03" East, 129 . 59 feet; thence North 560 58 ' 44" West, 82 . 07 feet; thence North 070 40 ' 32" West, 2 . 36 feet, to Missouri 10 State Plane Coordinate Northing 560853 . 21 and Easting 1088743 . 36 , being also a point on the South line of a tract recorded in the name of Richard A. and Bernadine A. Nenninger, as conveyed in warranty deed book 476 at page 584 ; thence with said South line, North 690 25 ' 27" East, 117 . 78 feet, to Missouri State Plane Coordinate Northing 560896 . 94 and Easting 1088853 . 31, being also a point on the Southwest line of a tract recorded in the name of John A. and Martha A. Muench as conveyed in warranty deed book 274 at page 467 ; thence with said Southwest line, North 210 27 ' 36" West, 85 . 24 feet; thence leaving said Southwest line, North 620 38 ' 09"East, 25 . 43 feet; thence North 740 07 ' 38" East, 76 . 17 feet; thence North 440 35 ' 21" East, 76 . 04 feet; thence North 190 35 ' 33 " East, 41 . 28 feet; thence North 330 42 ' 00" East, 85 . 68 feet; thence North 67020112" East, 65 . 42 feet; thence North 250 40 ' 48" West, 37 . 92 feet; thence South 570 56 ' 18" West, 87 . 87 feet; thence South 290 28 ' 30" West, 87 . 77 feet; thence North 280 10 ' 24 " West, 35 . 90 feet; thence South 660 01 ' 25" West, 22 . 11 feet; thence South 250 16 ' 45" East, 59 . 33 feet; thence South 540 58 ' 09" West, 93 . 96 feet; thence South 820 49 ' 35" West, 64 . 44 feet, to Missouri State Plane Coordinate Northing 561016 . 49 and Easting 1088806 . 32 , being also a point on the Northeast line of said Richard Nenninger tract; thence leaving said Northeast line, South 820 49 ' 35" West, 11 . 28 feet; thence South 700 22 ' 08" West, 118 . 88 feet; thence South 660 24 ' 15" West, 76 . 54 feet; thence South 480 51 ' 40" West, 113 . 09 feet; thence South 430 50 ' 47" West, 79 . 42 feet; thence South 450 07 ' 34 " West, 52 . 06 feet; thence South 030 11 ' 32" East, 48 . 32 feet; thence South 450 39 ' 05" West, 89 . 22 feet; thence South 670 24 ' 39" West, 111 . 40 feet; thence South 530 47 ' 53" West, 82 . 87 feet; thence South 690 23 ' 45" West, 89 . 95 feet; thence South 650 10 ' 59" West, 62 . 52 feet; thence South 350 55 ' 30" West, 44 . 97 feet; thence South 420 19 ' 10" West, 43 . 90 feet; thence North 810 03 ' 56" West, 36 . 81 feet; thence North 260 02 ' 58" West, 54 . 41 feet; thence North 160 55 ' 47" West, 44 . 97 feet; thence North 230 15 ' 50" West, 55 . 63 feet; thence North 360 48 ' 25" West, 38 . 12 feet; thence 11 North 210 34 ' 23" West, 77 . 98 feet; thence North 110 49 ' 00" West, 42 . 81 feet; thence North 240 18 ' 30" West, 51 . 47 feet, to Missouri State Plane Coordinate Northing 560787 . 54 and Easting 1087831 . 42 being also a point on the East line of a tract recorded in the name of Charles F. Blattner and Jerry E . Erlbacher as conveyed in warranty deed book 291 at pages 637-640; thence with said East line, North 000 38 ' 42" West, 167 . 07 feet, to Missouri State Plane Coordinate Northing 560953 . 75 and Easting 1087829 . 55 ; thence leaving said East line, South 850 11 ' 32" West, 652 . 51 feet, to Missouri State Plane Coordinate Northing 560899 . 06 and Easting 1087179 . 34 ; thence South 130 49 ' 58" West, 27 . 28 feet, thence South 650 08 ' 12" West, 74 . 80 feet, thence South 850 05 ' 52" West, 104 . 06 feet, thence South 840 52 ' 24" West, 99 . 53 feet, thence South 230 48 ' 23 " West, 40 . 02 feet; thence North 840 41 ' 12" West, 54 . 51 feet; thence South 220 44 ' 01" West, 50 . 73 feet; thence South 380 54 ' 19" West, 41 . 62 feet; thence South 700 36 ' 13 " East, 642 . 97 feet; thence South 070 05 ' 05" East, 711 . 69 feet, to Missouri State Plane Coordinate Northing 559792 . 81 and Easting 1087480 . 23 , the point of beginning and containing 154 . 00 acres, more or less, as shown on the accompanying plat . (Missouri State Plane Coordinates in this description have been converted from metric to feet and decimals thereof . ) (7) James (Shawano Country Lane) . A parcel of land being a part of the N 1/2 of the NE 1/4 of Section 15, Township 31 North, Range 13 East in Cape Girardeau County, Missouri, described as follows : Commence at the NE corner of said Section 15 ; thence S 880 52 ' W along the Section Line, 2204 . 0 feet to a 5/8" iron rod; thence S 90 52 ' W, 200 . 0 feet; thence S 450 52 ' W, 100 . 0 feet; thence S 510 52 ' W, 25 . 0 feet; thence S 20 08 ' E, 730 . 03 feet; thence N 540 12 ' E, 75 . 33 feet; thence N 890 30 ' E, 649 . 91 feet to the NE corner of a parcel of land described in Book 379, page 685 ; thence S . 720 08 ' 17" E, 208 . 62 feet; thence S 540 00 ' 23" E, 106 . 30 feet; thence S 690 00 ' 23" E, 101 . 09 feet to the Point of Beginning; thence continue S 690 00 ' 23" E, 12 24 . 17 feet; thence S 770 00 ' 23 " E, 245 . 93 feet; thence S 10 00 ' E, 135 . 38 feet; thence S 890 30 ' W, 261 . 05 feet; thence N 10 00 ' W, 201 . 62 feet to the Point of Beginning. Also, that part of the Northeast Quarter of Section 15 , and that part of U. S . P. Survey No. 2277 , all in Township 31 North, Range 13 East, in the County of Cape Girardeau, State of Missouri, described as follows : Commence at the Northwest corner of said Survey No. 2277 ; being also the common corner of Sections 10 , 11 and 15 ; thence South 000 56 ' 45" West, with the West line of said Survey No. 2277 ; a distance of 1352 . 07 feet to the place of beginning; thence South 880 31 ' 51" West, 959 . 70 feet; thence North 010 00 ' West, 135 . 38 feet; thence North 150 35 ' 53" East, 518 . 09 feet; thence North 540 55 ' 36" East, 124 . 30 feet; thence South 840 32 ' 57" East, 507 . 27 feet, thence South 71043 ' 02" East, 575 . 52 feet; thence South 550 35 ' 52" East, 174 . 58 feet; thence South 200 40 ' 16" East, 221 . 83 feet; thence South 070 51 ' 50" West 152 . 19 feet; thence North 890 30 ' 50" West, 531 . 39 feet, to the place of beginning. Excepting however, 2 . 346 acres conveyed to the City of Cape Girardeau, Missouri, by deed dated August, 1997 as recorded in Book 0929 at page 525 . Also, that part of the Northeast Quarter of Section 15, Township 31 North, Range 13 East, in the County of Cape Girardeau, State of Missouri, described as follows : Commence at the Northeast corner of said Section 15 , being also the common corner of Sections 10 , 11 and U. S . P. Survey No. 2277 ; thence with the East line of said Section 15 , South 000 56 ' 45" East, 1352 . 07 feet; thence leaving said East line, South 880 31 ' 51" West, 959 . 70 feet; thence North 010 22 ' 45" West, 135 . 38 feet to the point of beginning; thence North 770 25 ' 39" West, 245 . 72 feet; thence North 690 23 ' 08" West, 125 . 26 feet; thence North 100 41 ' 37" East, 337 . 40 feet; thence North 820 20 ' 51" East, 85 . 50 feet; thence North 890 58 ' 21" East, 247 . 09 feet; thence North 600 17 ' 18" East, 117 . 32 feet; thence South 150 35 ' 53" West, 518 . 09 feet to the point of beginning, containing 3 . 67 acres, more or less as recorded in Book 856 13 at page 086 in the land records of Cape Girardeau County, Missouri . Also, that part of the Northeast Quarter of Section 15, Township 31 North, Range 13 East, in the County of Cape Girardeau, State of Missouri, described as follows : Commence at the Northeast corner of said Section 15 , being also the common corner of Sections 10, 11 and U. S . P. Survey No. 2277 ; thence with the East line of said Section 15, South 000 56 ' 45" East, 1352 . 07 feet; thence leaving said East line, South 880 31 ' 51" West, 959 . 70 feet; thence North 010 22 ' 45" West, 135 . 38 feet; thence North 770 25 ' 39" West, 245 . 72 feet; thence North 690 23 ' 08" West, 125 . 26 feet to the point of beginning; thence North 540 23 ' 08" West, 106 . 30 feet; thence North 720 31 ' 02" West, 208 . 62 feet; thence South 890 07 ' 15" West, 424 . 79 feet; thence North 250 07 ' 15" East, 170 . 88 feet; thence North 140 52 ' 45" West, 19 . 23 feet; thence North 790 52 ' 20" East, 335 . 98 feet; thence North 860 33 ' 27" East, 109 . 52 feet; thence South 580 00 ' 17" East, 94 . 89 feet; thence North 820 20 ' 51" East; 186 . 26 feet ; thence South 100 41 ' 37" East, 337 . 40 feet to the place of beginning, containing 3 . 67 acres, more or less, as recorded in Book 908 at page 194 in the land records of Cape Girardeau County, Missouri . Also, that part of the North Half of the Northeast Quarter of Section 15 , Township 31 North, Range 13 East in Cape Girardeau County, Missouri, described as follows : Commence at the Northeast corner of said Section 15 (stone) ; thence South 880 52 ' West along the section line 2204 . 0 feet to a 5/8 inch iron rod; thence South 90 52 ' West, 200 . 0 feet; thence South 450 52 ' West . 100 . 0 feet; thence South 510 52 ' West, 25 . 0 feet; thence South 20 08 ' East, 730 . 03 feet; thence North 540 12 ' East, 75 . 33 feet; thence North 890 30 ' East, 649 . 91 feet to the Northeast corner of a parcel of land described in Book 379 at page 685 and conveyed to a Bobbie Ray Welker for the point of beginning ( 1/2 inch iron rod) ; thence South 720 08 ' 17" East, 208 . 62 feet; thence South 10 00 ' East, 301 . 88 feet; thence South 890 30 ' West, 197 . 42 feet to the Southeast corner of said parcel described in Book 379 at 14 page 685 ; thence North 10 00 ' West along the East line of said parcel, 367 . 60 feet to the point of beginning. Containing 1 . 52 acres, more or less . Also, that part of the North Half of Section 15, Township 31 North, Range 13 East, Cape Girardeau County, Missouri, described as follows : Commence at the Northeast corner of said Section 15 ; thence South 880 52 ' West along the section line; 2204 . 0 feet; thence South 90 52 ' West, 100 . 0 feet for the point of beginning; thence South 480 07 ' 41" East, 164 . 36 feet; thence South 140 30 ' East, 46 . 59 feet; thence South 170 04 ' 03" East, 151 . 05 feet; thence North 750 50 ' West, 294 . 29 feet; thence North 20 08 ' West; 43 . 62 feet; thence North 510 52 ' East, 25 . 0 feet; thence North 450 52 ' East, 100 . 0 feet; thence North 90 52 ' East, 100 . 00 feet to the point of beginning, as recorded in Book 1146 at page 879 of the land records of Cape Girardeau County, Missouri . Also, that part of the Northeast Quarter of Section 15 , Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows : Commence at the Northeast corner of said Section 15 ; thence South 880 24 ' 15" West with the North line of said Section 15, a distance of 734 . 03 feet to the point of beginning; thence continue South 880 24 ' 15" West, 1469 . 06 feet; thence South 090 22 ' 53" West, 99 . 31 feet to the northernmost corner of a tract described in Deed Book 508 at page 940 of the land records of Cape Girardeau County, thence South 480 28 ' 59" East, 164 . 36 feet; thence South 140 51 ' 18" East, 46 . 59 feet; thence South 170 25 ' 21" East, 344 . 67 feet to the southeast corner of a tract described in Deed Book 495 at page 230 of the land records of said Cape Girardeau County; thence South 66000136" West, 180 . 13 feet to the southernmost corner of said lot; thence South 030 23 ' 42" West, 123 . 65 feet; thence South 190 39 ' 41" West, 201 . 44 feet; thence North 890 07 ' 15" East, 212 . 44 feet; thence North 250 07 ' 15" East, 170 . 88 feet; thence North 140 52 ' 45" West, 19 . 23 feet; thence North 790 52 ' 20" East, 335 . 98 feet; thence North 860 33 ' 27" East, 109 . 52 feet; thence South 580 00 ' 17" East, 94 . 89 feet; thence North 820 20 ' 51" East, 271 . 76 feet ; 15 thence North 890 58 ' 21" East, 247 . 09 feet; thence North 600 17 ' 18" East, 117 . 32 feet; thence North 540 55 ' 36" East, 82 . 18 feet; thence North 000 00 ' 00" East, 674 . 48 feet to the place of beginning, as recorded in Book 1147 at page 261 of the land records of Cape Girardeau County, Missouri . Also, that part of Section 15, Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows : Commence at the Northeast corner of said Section 15 ; thence South 880 24 ' 15" West, 74 . 98 feet to the place of beginning; thence South 00 00 ' 00" West, 715 . 00 feet; thence North 890 46 ' 53 " West, 129 . 06 feet ; thence South 600 47 ' 42" East, 3 . 42 feet; thence North 840 32 ' 57" West, 500 . 51 feet; thence South 540 55 ' 36" West, 42 . 12 feet; thence North 00 00 ' 00" East, 674 . 88 feet; thence North 880 24 ' 15" East, 659 . 95 feet to the place of beginning. ALSO, that part of Section 15 and that part of U. S . P. Survey No. 2277 in Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, State of Missouri, described as follows : Begin at the Northwest corner of said U. S . P. Survey No. 2277 ; thence North 890 24 ' 14 " East, 599 . 62 feet; thence South 00 00 ' 00 ' West, 744 . 74 feet; thence North 430 08 ' 41" West, 304 . 80 feet; thence South 360 21 ' 08" West, 251 . 05 feet; thence North 890 46 ' 53" West, 317 . 29 feet; thence North 00 00 ' 00" East, 715 . 00 feet; thence North 880 24 ' 15" East, 74 . 98 feet to the place of beginning. Containing 10 . 38 acres, more or less . ALSO That part of U. S . P. Survey No. 2277 in Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, State of Missouri, described as follows : Commence at the Northwest corner of said U. S . P. Survey No. 2277 ; thence North 890 24 ' 14" East, 599 . 62 feet, to the place of beginning; thence continue North 890 24 ' 14" East, 383 . 65 feet; thence South 170 41 ' 43 " East, 213 . 92 feet; thence South 030 37 ' 04" East, 874 . 75 feet; thence South 800 32 ' 43" West, 172 . 19 feet; thence North 430 08 ' 41" West, 488 . 42 feet; 16 thence North 00 00 ' 00" East, 744 . 74 feet to the place of beginning. (8) Whispering Oaks of Cape Girardeau, L. C. , and NELFM, L. C. (Whispering Oaks Subdivision) . a. Tract I. That part of the Southeast Quarter of Section 9, that part of the Southwest Quarter of Section 10 , and that part of United States Private Survey No. 788 , all in Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows : Begin at a the Northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 9 ; thence North 890 01 ' 25" East, 642 . 09 feet, to a found iron pipe; thence continue North 89001125" East, 981 . 65 feet; thence South 000 00 ' 00" West, 362 . 85 , to a point in the center of a branch; thence with said branch, South 230 45 ' 24" East, 266 . 66 feet; thence South 120 26 ' 36" West, 52 . 61 feet; thence South 09047109" East, 169 . 85 feet; thence South 110 32 ' 15" East, 188 . 47 feet; thence South 390 47 ' 49" East, 171 . 97 feet; thence South 450 42 ' 58" East, 156 . 67 feet; thence South 030 40 ' 51" East, 110 . 46 feet, to a point on the South line of said Section 10 ; thence with said line, South 890 27 ' 46" West, 762 . 43 feet to a found iron pin at the Northwest corner of Prestonwood Trails Subdivision as recorded in Plat Book 20 at page 90 of the Land Records of said County; thence North 040 52 ' 38" East, 254 . 83 feet, to a found stone; thence North 850 51 ' 16" West, 361 . 88 feet, to a found iron pin; thence South 100 43 ' 16" West, 1513 . 60 feet, to a found iron pin on the North right-of-way line of County Road No. 620 ; thence with said right-of-way line in a Northwest direction along the arc of a curve concave to the southwest, and having a radius of 1779 . 68 feet, a distance of 670 . 22 feet, (the chord of said arc bears North 73010103" West, 666 . 26 feet) ; thence leaving said road, North 070 08 ' 54" East, 17 with the East line of Bradley Heights Subdivision as recorded in Plat Book 7 at page 7 of the Land Records of said Cape Girardeau County, a distance of 606 . 49 feet, to a found iron pin; thence North 080 15 ' 09" East, 816 . 11 feet, to a found iron pin at the Northeast corner of a tract of described in Deed Book 860 at page 946 of said Land Records; thence North 880 33 ' 23 " West, 1047 . 91 feet, to a found iron pin at the Northwest corner of said tract; thence North 080 15 ' 02" East, 915 . 29 feet, to a found iron pin on the North line of the Southeast Quarter of said Section 9; thence with said line, North 880 53 ' 35" East, 729 . 23 feet, to the point of beginning, and containing 85 . 12 acres, more or less, being subject to any easements of record and subject to that part within the County Road. b. Tract II. That part of fractional Sections 9 and 10 in Township 31 North, Range 13 East of the Fifth Principle Meridian in the County of Cape Girardeau, the State of Missouri, described as follows : Begin at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Fractional Section 9 ; thence South 880 53 ' 35" West, 729 . 23 feet, to a found iron pin at the Northwest corner of Lot No. 22 of Whispering Oaks Subdivision as recorded in Plat Book 21 at page 35 of the Land Records of Cape Girardeau County; thence South 881 56 ' 51" West, 622 . 84 feet, to a found axle at the Southwest corner of a tract described in Book 260 at page 483 of the Land Records of said Cape Girardeau County; thence North 060 59 ' 23" West, 1454 . 40 feet, to a corner in the center of Gordon Branch; thence with said Branch, North 870 12 ' 09" East, 147 . 33 feet; thence North 790 26 ' 15" East, 53 . 16 feet, to a point from which an iron pin bears South 060 59 ' 23" East, 69 . 37 feet; thence leaving said Branch, South 060 59 ' 23" East, 501 . 79 feet; thence South 68058137" East, 845 . 54 feet; thence North 77042155" East, 1142 . 99 18 feet; thence South 000 16 ' 52" East, 865 . 87 feet, to a found iron pipe at the Northeast corner of Lot No . 33 of said Whispering Oaks Subdivision; thence with the North line of said Subdivision, South 890 01 ' 25" West, 642 . 09 feet, to the point of beginning, and containing 39 . 31 acres, more or less, as shown on the accompanying plat . Subject to that part within County Road no. 618 , and subject to any easements of record. C . Tract III. That part of fractional Section 10 in Township 31 North, Range 13 East of the Fifth Principle Meridian in the County of Cape Girardeau, the State of Missouri, described as follows : Commence at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Fractional Section 9; thence North 890 01 ' 25" East, 642 . 09 feet, to a found iron pipe at the Northeast corner of Lot No. 33 of Whispering Oaks Subdivision as recorded in Plat Book 21 at page 35 of the Land Records of Cape Girardeau County and the point of beginning; thence North 000 16 ' 52" West, 865 . 87 feet; thence North 650 07 ' 46" East, 457 . 41 feet; thence North 880 51 ' 00" East, 1632 . 94 feet; thence North 010 09 ' 00" West, 50 . 00 feet ; thence North 010 21 ' 26" West, 199 . 00 feet; thence North 880 49 ' 08" East, 601 . 19 feet; thence South 380 40 ' 04 " East, 375 . 55 feet; thence South 180 57 ' 03" East, 264 . 34 feet; thence South 050 55 ' 19" West, 545 . 24 feet; thence North 620 39 ' 15" West, 406 . 49 feet; thence North 720 58 ' 26" West, 114 . 15 feet; thence North 67022 ' 36" West, 270 . 46 feet; thence South 840 54 ' 47" West, 327 . 60 feet; thence South 600 27 ' 55" West, 780 . 23 feet; thence South 610 12 ' 05" West, 24 . 85 feet; thence South 490 35 ' 58" West, 229 . 14 feet; thence South 89001 ' 25" West, 981 . 65 feet to the point of beginning, and containing 57 . 49 acres, more or less, subject to any easements of record. (9) NELFM, L. C. (Whispering Oaks Subdivision) . That part of fractional Section 10 , Township 31 North, 19 Range 13 East, County of Cape Girardeau, State of Missouri, described as follows : Commence at the North corner of Lot 41 of Whispering Oaks, a subdivision on file in the Land Records of Cape Girardeau County in Plat Book 21 at Page 34 , thence with the East line of said Lot South 230 45 ' 24 " East, 57 . 21 feet, to the point of beginning; thence continuing South 23045124" East, 5 . 23 feet; thence leaving said line North 83008122" East, 232 . 09 feet; thence North 830 08 ' 22" East, 21 . 49 feet, to a point on the east line of an access easement; thence with said line, North 130 54 ' 40" West, 1 . 63 feet; thence North 010 41 ' 37" West, 89 . 44 feet; thence leaving said line South 870 20 ' 32" West, 104 . 28 feet; thence South 020 39 ' 28" East, 94 . 69 feet; thence South 830 08 ' 22" West, 152 . 05 feet, to the point of beginning and containing 10, 690 square feet (0 . 25 acres) , more or less, subject to any easements of record. (10) NORWALD, INC. THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790 , TOWNSHIP 31 NORTH RANGE 13 OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 3 LOCATED ON THE EAST LINE OF UNITED STATES PRIVATE SURVEY NO. 790, AT A FOUND SQUARE CUT STONE WITH CUT CROSS MARK ON CORNER FOR THE POINT OF BEGINNING; THENCE NORTH 84053 ' 56" WEST, 1072 . 50 FEET, TO A FOUND IRON PIN; THENCE NORTH 5047122" EAST, 403 . 90 FEET, TO A FOUND IRON PIN; THENCE NORTH 84059100" WEST, 2644 . 89 FEET, TO A FOUND SQUARE CUT STONE WITH CUT CROSS MARK ON CORNER; THENCE NORTH 3047 ' 04 " EAST, 415 . 10 FEET; THENCE SOUTH 89059100" EAST, 2359 . 39 FEET; THENCE NORTH 83024126" EAST, 1389 . 19 FEET; THENCE SOUTH 4058146" WEST, 1100 . 00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 49 . 71 ACRES, MORE OR LESS, AS INDICATED ON THE ACCOMPANYING PLAT. 20 (11) Meyr Properties, L. P. All of that part of United States Private Survey No. 790 , in Township 31 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, and more particularly described as follows : Commence at a 212-11 dia. iron pipe marking the Southwest corner of said United States Private Survey No. 790 , thence with the south line of said Survey, South 83044123 " East, 2615 . 89 feet, to a point where the South line of said U. S . P. S . 790 intersects the Easterly line of the Southeast University Foundation Property described in deed book 551, at page 569, thence with the east line of said Foundation Property, North 03020152" East, 1123 . 65 feet, to the point of beginning thence continue North 03020152" East, 900 . 38 feet, to a found square cut stone with a cut cross marking the Northwest corner of the surveyed parcel, from which a found square cut stone with a cross marking the Northeast Corner of the Foundation Property bears North 03047104" East, 1727 . 49 feet, thence along the Northerly line of the surveyed tract, South 84059100" East, 2644 . 89 feet to a found z" dia. rod, thence South 05047122" West, 403 . 90 feet, thence South 84053156" East, 445 . 58 feet; thence South 24009121" West, 524 . 47 feet; thence North 84059100" West, 2886 . 85 feet, to the point of beginning, and containing 58 . 38 acres, more or less, as indicated on the accompanying plat . (12) Jonah T. Yates and Margaret A. Yates That part of the Southeast Quarter of the Southwest Quarter of Section 13 , Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri described as follows : Begin at the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 13 , said corner being marked by a found stone; thence with the South line said Section 13 , North 890 37 ' 00" West, 558 . 54 feet; thence leaving said South line, North 20 13 ' 24" East, 255 . 81 feet; thence South 850 21' 45" East, 555 . 99 feet to a point on 21 the Quarter Section Line of said Section 13 ; thence with said Quarter Section Line, South 10 29' 14" West, 214 . 47 feet to the Point of Beginning, and containing 3 . 00 acres more or less . (13) Fruitland Livestock Market, Inc. THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, IN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS : Commence at the northwest corner of Fractional Section 10 , Township 31 North, Range 13 East, at a found stone; thence North 84053156" West, 1, 072 . 50 feet, to the point of beginning; thence South 12055104 " West, 507 . 97 feet; thence North 84059100" West, 934 . 56 feet; thence North 08015141" East, 908 . 46 feet; thence South 84059100" East, 958 . 41 feet, to a found iron pin; thence South 05047122" West, 403 . 90 feet, to the point of beginning, and containing 20 . 00 acres, more or less, as shown on the accompanying plat . Subject to any easements of record. ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 3 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . 22 PASSED AND APPROVED THIS CQ DAY OF 201&. ' Harry E. Aedigr, Mayor ATTEST: '91 Gayle (4. Conrad, City Cl 23