HomeMy WebLinkAboutOrd.3817.06-04-2007 BILL NO. 07- 91 ORDINANCE NO. 38/7'
AN ORDINANCE ACCEPTING PERMANENT EASEMENTS FROM
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
FOR SANITARY SEWER IMPROVEMENTS AND A WATER
TRANSMISSION LINE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI,
AS FOLLOWS:
ARTICLE 1. The City of Cape Girardeau,Missouri hereby accepts a Permanent Easement executed
by Burlington Northern and Santa Fe Railway Company,conveying an easement to the City of Cape
Girardeau,Missouri for sanitary sewer improvements,more particularly described as follows, to-wir.
THAT PART OF RANGE`I'OF THE ORIGINAL CITY OF CAPE GIRARDEAU,AND
THAT PART OF THE DECATUR LOT OF THE CITY OF CAPE GIRARDEAU,ALL IN
UNITED STATES PRIVATE SURVEY NO.2199,TOWNSHIP 30 NORTH,RANGE 14 EAST,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Commence at the southeast comer of the intersection of Morgan Oak Street and Aquamsi Street;
thence along the south right of way line of said Morgan Oak Street,South 83°42'53"East, 11.93 feet,
to the point of beginning;thence continue South 83°42'53"East, 15.00 feet thence leaving said
south right of way line,South 05°57'09"West,47.66 feet,thence South 10°49'19"West,84.90 feet
thence South 19°31'15"West,204.70 feet;thence South 28°55'03"West, 184.47 feet thence South
32°56'05"West, 193.26 feet;thence South 38054'42"West,224.22 feet thence South 43°45'18"
West,479.43 feet;thence South 42°51'27"West,396.41 feet;thence South 40°48'11"West, 189.73
feet, to a point on the east right of way line of said Aquamsi Street thence with said east right of way
line,with the arc of a non-tangent curve concave to the southeast,having a radius of 2929.15 feet,a
distance of 191.42 feet(the chord of said arc bears North 36°19'00"East, 191.39 feet);thence
leaving said right of way line,North 42051'27"East,395.99 feet;thence North 43°45'18"East,
478.91 feet thence North 3805442"East,222 80 feet thence North 32°56'05"East, 191.95 feet
thence North 28°55'03"East, 182.71 feet;thence North 19°31'15"East,202.33 feet thence North
10°49'19"East,83.12 feet;thence North 05°57'09"East,47.11 feet, to the point of beginning and
containing 28,769 square feet,more or less.
ALSO THAT PART OF LOT NO. 25 IN GIBONEY HOUCKS SECOND SUBDIVISION IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,DESCRIBED
AS FOLLOWS:
Commence at the southeast comer of said Lot no. 25,said point also being on the west right of way
line of Fountain Street;thence with said west right of way line,North 06°08'06"East, 5.69 feet,to
the point of beginning;thence continue North 06008'06"East, 15.00 feet;thence leaving said right
of way line,North 84°58'53"West, 13.21 feet;thence South 26°43'33"East, 17.64 feet thence South
84°58'53"East,3.63 feet,to the point of beginning and containingl26 square feet,more or less.
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ALSO,THAT PART OF OUT LOT 48 IN THE CITY AND COUNTY OF CAPE
GIRARDEAU,STATE OF MISSOURI,DESCRIBED AS FOLLOWS:
Commence at the northwest comer of Lot No. 28 of Giboney Houck's First Subdivision to the City
of Cape Girardeau,said point also being on the east right of way line of Fountain Street thence with
said east right of way line,South 06°08'06"West, 545.45 feet,to the point of beginning;thence
continue South 06°08'06"West, 15.00 feet;thence leaving said east right of way line,South
83°54'40"East 88.10 feet, to a point on the east right of way line of the Burlington Northern
Railroad;thence with said right of way line,North 23°40'15"East, 15.74 feet thence leaving said
right of way line,North 83°54'40"West 92.84 feet,to the point of beginning and containing 1,357
square feet,more or less.
ALSO,THAT PART OF OUT LOTS 48 AND 49 IN THE CITY AND COUNTY OF CAPE
GIRARDEAU,STATE OF MISSOURI,DESCRIBED AS FOLLOWS:
Commence at the northwest comer of Lot No. 28 of Giboney Houck's First Subdivision to the City
of Cape Girardeau,said point also being on the east right of way line of Fountain Street;thence with
said east right of way line,South 06°08'06"West 545.45 feet;thence leaving said right of way line,
South 83°54'40"East 92.84 feet to a point on the east right of way line of the Burlington Northern
Railroad;thence with said right of way line,South 23°40'15"West 39.39 feet;thence South
85°06'54"East 13.73 feet, to the point of beginning;thence continue South 85°06'54"East, 13.20
feet;thence South 23°40'15"West,359.13 feet thence South 85°06'54"East11.05 feet;thence
leaving said Burlington Northern right of way,South 19°18'33"West 27.41 feet thence South
11°06'24"West 100.91 feet,to a point on said east right of way line of Burlington Northern
Railroad;thence with said right of way line,South 23°40'15"West, 118.28 feet thence leaving said
right of way line,North 16°42'07"East, 110.04 feet thence North 11°0624"East, 107.91 feet
thence North 19°18'33"East 133.79 feet;thence North 23°40'14"East 247.46 feet,to the place of
beginning and containing 6,772 square feet,more or less.
ALSO THAT PART OF OUT LOTS 50 AND 64 IN THE CITY AND COUNTY OF CAPE
GIRARDEAU,STATE OF MISSOURI,DESCRIBED AS FOLLOWS:
Commence at the intersection of the east right of way line of Burlington Northern Railroad and the
north right of way line of La Cruz Lane as shown on the accompanying plat thence with said east
right of way line,North 28°02'06"East 52.85 feet,to the point of beginning;thence continue North
28°02'06"East,41.01 feet thence leaving said east right of way line,North 06034'56"East,29.31
feet;thence North 28°06'41"East 725.28 feet;thence North 16°50'46"West,92.60 feet thence
North 28°08'45"East 610.10 feet;thence North 30°59'23"East,489.01 feet thence North
25°15'28"East 533.62 feet;thence North 23040'14"East 660.34 feet to a point on said east right
of way line of Burlington Northern Railroad;thence with said right of way line,North 66°19'45"
West, 15.00 feet;thence leaving said right of way line,South 23040'14"West,660.13 feet thence
South 25°15'28"West,532.67 feet;thence South 30°59'23"West,488.63 feet;thence South
28008'45"West 616.68 feet; thence South 16°50'46"East,92.60 feet thence South 2800641"West
721.92 feet;thence South 06034'56"West 70.33 feet,to the point of beginning and containing
35,273 square feet,more or less.
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ARTICLE 2. The City of Cape Girardeau,Missouri hereby accepts a Permanent Easement executed
by Burlington Northern and Santa Fe Railway Company,conveying an easement to the City of Cape
Girardeau,Missouri for water transmission line improvements,more particularly described as follows,to-wit:
A utility easement being a part of Outiots No. 48 in US Survey No. 2199, Township 30 North,
Range 14 East, Cape Girardeau County, Missouri and being further described by metes and bounds
as follows:
Commencing at the intersection of the South right-of-way line of Willow Street and the East right-
of-way line of Fountain Street; thence S 6°08'06"W along the East right-of-way line of said Fountain
Street a distance of 545.45 feet; thence S 83°54'40" E a distance of 92.84 feet to the point of
beginning (Grid Coordinate: N532,245.1684, E1,104,135.1778); thence N 25°16'21" E a distance of
87.66 feet; thence along a curve to the right with a radius of 2,899.71 feet and a chord bearing N
29004'09" E - 483.24 feet a distance of 483.80 feet, thence N 58°21'17" W a distance of 100.00 feet
to the West right-of-way of the Burlington Northern Railroad; thence N 33°58'00" E along said
right-of-way line a distance of 20.00 feet; thence S 58°21'17" E a distance of 120.00 feet to the East
right-of-way line of said railroad, (Grid Coordinate: N532,752.6884, E1,104,436.0507); thence along
a curve to the left with radius of 2,879.71 feet and a chord bearing S 30°11'44" W - 408.48 feet a
distance of 408.82 feet; thence S 25°1621" W a distance of 180.42 feet thence N 84°43'39" W a
distance of 20.35 feet to the point of beginning and containing 0.32 acres,more or less.
ALSO:A utility easement being a part of Oudots No.49& 50,US Survey No. 2199,Township 30
North,Range 14 East,Cape Girardeau County,Missouri and being further described by metes and
bounds as follows:
Commencing at the intersection of the prolongation of the East right-of-way line of Ramsey Street
and the South line of Outlot No. 50 from which point the Southwest comer of Oudot No. 52 bears
N 81058'W 2,071.54 feet for the point of beginning(Grid Coordinate: N529,614.0040,
E1,102,999.5508);thence S 28°05'47"W along the East right-of-way line of Ramsey Street a distance
of 481.42 feet to an existing sanitary sewer easement;thence N 16°50'46"W along said easement a
distance of 37.80 feet;thence N 28008'45" E along said easement a distance of 610.10 feet thence N
30°59'23" E along said easement a distance of 489.01 feet;thence N 25°15'28" E along said easement
a distance of 533.62 feet;thence N 23°40'14" E along said easement a distance of 631.14 feet(Grid
Coordinate: N531,250.8642,E1,103,765.3402);thence S 66015'02" E a distance of 15.00 feet thence
S 23°40'14"W a distance of 631.32 feet thence S 25°15'28"W a distance of 578.47 feet to the West
line of a tract described in Book 1039,Page 572;thence S 28°35'43"W along said line a distance of
600.19 feet to the point of beginning and containing 1.06 acre,more or less.
CLE 3. This ordinance shall be in full force and effect ten days after its passage and approval.
t• 4G _
14 D. PPROVED THIS_ 4 DAY OF J U n P_ 2007-
, yy
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ay B. Knudtson
Mayor
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Gayle C nrad
City Cl
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