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HomeMy WebLinkAboutOrd.3818.06-04-2007 BILL NO.07-92 ORDINANCE No. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF LASALLE AVENUE BETWEEN INTERSTATE 55 AND STATE ROUTE W IN CAPE GIRARDEAU COUNTY 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 construction of LaSalle Avenue between I-55 and State Route W in Cape Girardeau County. 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 properties designated for acquisition for this project are as follows: TRACT 1. RYLAND R.AND MARGARET MEYR FEE SIMPLE INTEREST All of that part of U.S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S. Survey 790 measure S 83°43'E along the south line of U. S. Survey 790 a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 1945.6 feet to the point of beginning; thence,continue N 03°22'E along said west line a distance of 78.5 feet to a 1/2"re-bar marking the northwest comer of said described property;thence,S 84°58'E along the north line of said described property a distance of 528.0 fees thence,S 29'27'W a distance of 67.7 feet;thence,N 87°07'W a distance of 60.0 feet thence,N 23°41'W a distance of 67.2 feet;thence,N 84°58'W a distance of 65.6 feet thence,along a curve to the left having a radius of 1710.0 feet,a chord length of 347.8 feet and a chord bearing of S 82°51'W,an arc distance of 348.4 feet to the point of beginning,with the above described parcel containing 0.42 acres. AND ALSO, All of that part of the Southwest Quarter of Section 2,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Southwest Comer of Section 2 measure N 89'28'E along the south line of Section 2 a distance of 988.0 feet to the point of beginning;thence, continue N 8928'E along said south line a distance of 527.6 feet to a 1/2"re-bar marking the Northwest comer of Weiss Green Meadows Subdivision;thence,N 89'37'E along the Page 1 of 20 north line of said subdivision a distance of 121.0 feet to a 1/2"re-bar on the westerly right- of-way ight- ofway line of Cape Girardeau County Route"W";thence,N 21°21'W along said right-of- way line a distance of 350.5 feet;thence,S 12°17'W a distance of 207.9 feet;thence,S 68°36'W a distance of 58.0 feet;thence,S 75°39'W a distance of 436.2 feet to the point of beginning,with the above described parcel containing 1.36 acres. AND ALSO, All of that part of Lots 57 and 58 of Touchdown Estates Number Four as shown by plat on file in Plat Book 21 at Page 84 in the Cape Girardeau County Recorder's Office,and that part of the Southwest Quarter of Section 2,Township 31 North,Range 13 East,of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Southwest comer of Section 2,and also being the southern most corner of said Lot 58 and the point of beginning measure N 26°48 Ww along the westerly line of said lot 58 a distance of 155.7 feet thence,along a curve to the right having a radius of 2366.8 feet,a chord length of 467.4 feet and a chord bearing of S 81'54'E,an arc distance of 468.2 feet;thence,S 76'14'E a distance of 78.7 feet;thence,S 82°32'E a distance of 199.9 feet to the south bondary of Touchdown Estates Number Four with the following bearings and distances along said south boundary;thence,S 84'30'E a distance of 117.8 feet;thence,S 89*01'E a distance of 136.3 feet,thence,S 85'11'E a distance of 67.4 feet to the south line of said Section 2;thence,S 89°28'W a distance of 428.5 feet to the east line of property described in Book 276 at Page 541;thence,N 00°41'W a distance of 20.0 feet to the south line of Lot 57 of Touchdown Estates Number Four with the following bearings and distances along the south line of said Lot;thence,S 88°17'W a distance of 151.5 feet thence,S 87°50'W a distance of 277.4 feet thence,S 85°31'W a distance of 131.0 feet to the point of beginning with the above described parcel containing 1.26 acres. TRACT 2. RYLAND R.AND MARGARET MEYR PERMANENT SLOPE EASEMENT All of that part of U S, Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U S. Survey 790 measure S 83°43'E along the South line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 1913.1 feet to the point of beginning;thence,N 80° 30'E a distance of 418.5 feet;thence,N 23°41'W a distance of 0.9 feet;thence,S 87°21'E a distance of 120.3 feet thence,S 29°27'W a distance of 51.8 feet;thence,S 74'33'E a distance of 26.9 feet;thence,N 33°33'E a distance of 59.2 feet;thence,S 84°58' E a distance of 34.1 feet;thence,S 33°33'W a distance of 75.5 feet;thence,N 77°05'E a distance of 215.2 feet to the north line of property described in Book 1282 at page 570; thence,N 84°58'W along said north line a distance of 236.2 feet;thence,departing said north line N 87°21'W a distance of 120.3 feet;thence,N 84°58'W a distance of 65.6 feet to the point of curvature of a non-tangent curve to the left having a radius of 1710.0 feet a chord length of 347.8 feet and a chord bearing of S 82°51'W;thence,along said curve to the left an arc distance of 348.4 feet to the west line of property described in Book 1282 at Page 570;thence,S 03°22'W along said west line a distance of 32.5 feet to the point of beginning with the above described parcel containing 0.41 acre. AND ALSO Page 2 of 20 From the said southwest corner of U.S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the northwest comer thereof;thence,S 84°58'E along the north line of said described property a distance of 987.8 feet to the point of beginning; thence,S 05°06'W a distance of 9.8 feet;thence,S 71°09'E a distance of 16.1 feet;thence, S 8626'E a distance of 228.0 feet;thence,S 68°43'E a distance of 58.8 feet;thence,N 25°02'E a distance of 25.8 feet thence,S 84'58'E a distance of 31.9 feet thence,S 25°02' W a distance of 21.7 feet thence,N 71°13'E a distance of 31.9 feet thence,S 86°31'E a distance of 71.0 feet;thence,S 54°42'E a distance of 21.2 feet thence,S 86°21'E a distance of 211.3 feet;thence,S 75°40'E a distance of 50.5 feet thence,N 83°40'E a distance of 33.1 feet;thence,S 87°52'E a distance of 117.7 feet thence,S 79°03'E a distance of 335.5 feet; thence,N 81°01'E a distance of 160.0 feet;thence,S 64°22'E a distance of 158.5 feet;thence,N 28°50'W a distance of 70.3 feet thence,S 84°58'E a distance of 36.1 feet;thence,S 28°50'E a distance of 50.1 feet;thence,N 68°21'E a distance of 92.6 feet to the north line of property described in Book 1282 at Page 570; thence,N 8458'W along the north line of said described property a distance of 1607.8 feet to the point of beginning with the above described parcel containing 0.62 acre. AND ALSO All of that part of Lots 57 and 58 of Touchdown Estates Number Four as shown by Plat recorded in Plat Book 21 at Page 84 in the Cape Girardeau County Recorder's Office, described as follows: From the southwest comer of Lot 58 of Touchdown Estates Number Four and also being the southwest comer of Section 2,Township 31 North,Range 13 East of the Fifth Principal Meridian,measure N 26'49'W along the west line of said Lot 58 a distance of 155.7 feet to point in non-tangent curve to the right having a radius of 2366.8 feet,a chord length of 117.2 feet and a chord bearing of S 86009'E;thence,along said curve to the right an arc distance of 117.2 feet to the point of beginning;thence,continue along said curve to the right with a chord length of 350.7 feet and a chord bearing of S 80°29'E an arc distance of 351.0 feet thence,S 76°14'E a distance of 39.2 feet thence,N 64°59'W a distance of 249.1 feet,thence,S 7628'W a distance of 162.7 feet to the point of beginning with the above described parcel containing 0.24 acre. TRACT 3. RYLAND R.AND MARGARET MEYR PERMANENT DRAINAGE EASEMENT All of that part of U S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03022'E along the west line of said described property a distance of 2024.0 feet to 1/2"re-bar marking the northwest comer thereof;thence,S 84°58'E along the north line of said described property a distance of 561.4 feet to the point of beginning;thence,continue S 84°58'E along said north line a distance of 34.1 feet;thence,S 33°33'W a distance of 75.5 feet thence,N 56°27'W a distance of 30.0 feet;thence,N 33°33'E a distance of 59.2 feet to the point of beginning with the above described parcel containing 0.05 acre. (2019 square feet) AND ALSO: Page 3 of 20 All of that part of U. S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to 1/2"re-bar marking the northwest corner thereof;thence,S 84°58'E along the north line of said described property a distance of 2448.8 feet to the point of beginning;thence,continue S 84°58'E along said north line a distance of 36.1 feet;thence,S 28°50'E a distance of 50.1 feet;thence,S 61°10' W a distance of 30.0 feet; thence,N 28°50'W a distance of 70.3 feet to the point of beginning with the above described parcel containing 0.04 acre. (1806 square feet) AND ALSO: All of that part of the Southwest Quarter of Section 2,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of Lot 52 of Touchdown Estates Number Four the plat of which is on file in Plat Book 21 at Page 84 of the Cape Girardeau County Recorder's Office, measure along the south boundary of said Lot 52 the following bearings and distances; thence,S 84°30'E a distance of 79.5 feet;thence,S 89°01'E a distance of 136.3 feet; thence,S 85°11'E a distance of 67.4 feet to the point of beginning;thence,continue along the southeasterly boundary of said Lot 52 the following bearings and distances;thence,N 63°26'E a distance of 64.3 feet thence,N 24°34'E a distance of 41.0 feet;thence, departing said lot boundary N 86°14'E a distance of 0.8 feet;thence,S 03°46'E a distance of 46.1 feet;thence,S 75°39'W a distance of 80.9 feet to the point of beginning with the above described parcel containing 0.02 acre. (1030 square feet) AND ALSO: All of that part of U.S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to 1/2"re-bar marking the northwest comer thereof;thence,S 84°58'E along the north line of said described property a distance of 1296.6 feet to the point of beginning;thence,continue S 84°58'E along said north line a distance of 31.9 feet;thence,S 25°02'W a distance of 45.9 feet;thence,N 64°58'W a distance of 30.0 feet;thence,N 25°02'E a distance of 35.0 feet to the point of beginning with the above described parcel containing 0.03 acre. (1213 square feet) AND ALSO: All of that part of U. S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S, Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to 1/2"re-bar marking the northwest comer thereof;thence,S 84°58'E along the north line of said described property a distance of 957.8 feet to the point of beginning;thence,continue S 84°58'E along said north line a distance of 30.0 feet thence,S 05°06'W a distance of 9.8 feet; thence,N 84°58' W a distance of 30.0 feet;thence,N 05°06'E a distance of 9.8 feet to the point of beginning with the above described parcel containing 0.01 acre. (293 square feet) Page 4 of 20 TRACT 4. RYLAND R.AND MARGARET MEYR TEMPORARY CONSTRUCTION EASEMENT All of that part of U.S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest comer of U S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 1913.1 feet to the point of beginning of a temporary construction easement being a strip of land 10.0 feet in width,coincident to, adjoining with,and lying on the southerly side of the following described line; thence,N 80° 30'E a distance of 418.5 feet and there terminating;thence, from said point of termination measure S 62°11'E a distance of 106.7 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described line;thence,S 74°33'E a distance of 26.9 feet and there terminating;thence from said point of termination measure S 56°27'E a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width, coincident to,adjoining with,and lying on the southerly side of the following described line; thence,N 77°05'E a distance of 215.2 feet to the north line of property described in Book 1282 at Page 570 and there terminating. AND ALSO From the said southwest comer of U. S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570; thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the northwest corner thereof;thence,S 84°58'E along the north line of said described property a distance of 987.8 feet thence,S 05°06'W a distance of 9.8 feet to the point of beginning of a temporary construction easement being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,S 71°09'E a distance of 16.1 feet;thence,S 86°26' E a distance of 228.0 feet,thence,S 68°43'E a distance of 58.8 feet and there terminating; thence from said point of termination measure N 88°21'E a distance of 33.6 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,N 71°13'E a distance of 31.9 feet;thence,S 86°31'E a distance of 71.0 feet thence,S 54'42'E a distance of 21.2 feet thence,S 86°21'E a distance of 211.3 feet;thence,S 75°40'E a distance of 50.5 feet,thence,N 83°40'E a distance of 33.1 feet;thence,S 87°52'E a distance of 117.7 feet;thence,S 79°03'E a distance of 335.5 feet thence,N 81*01'E a distance of 160.0 feet;thence,S 64°22'E a distance of 158.5 feet and there terminating,thence from said point of termination measure N 61'10'E a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described line;thence,N 68°21'E a distance of 92.6 feet to the north line of property described in Book 1282 at Page 570 and there terminating. AND ALSO all of that part of lots 57 and 58 of touchdown estates number four as shown by plat recorded in plat book 21 at page 84 in the cape girardeau county recorder's office,described as follows: Page 5 of 20 from the southwest comer of lot 58 of touchdown estates number four and also being the southwest corner of section 2, township 31 north,range 13 east of the fifth principal meridian,measure n 26°49'w along the west litre of said lot 58 a distance of 155.7 feet to point in non-tangent curve to the right having a radius of 2366.8 feet,a chord length of 117.2 feet and a chord bearing of s 86°09'e;thence,along said curve to the right an arc distance of 117.2 feet to the point of beginning of a temporary construction easement being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the northerly side of the following described lines;thence,n76°28'e a distance of 162.7 feet;thence, s 64°59'e a distance of 249.1 feet and there terminating. TRACT 5. SOUTHEAST MISSOURI STATE UNIVERSITY FOUNDATION FEE SIMPLE INTEREST All of that part of U.S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest corner of said U. S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the east line of said described property a distance of 1945.6 feet to the point of beginning;thence,continue N 03'22'E along said east line a distance of 78.5 feet to a 1/2"re-bar;thence,N 03'48'E along the east line of said described property and the west line of property described in Book 278 at Page 10 a distance of 36.0 feet;thence,along a curve to the left having a radius of 1820.0 feet,a chord length of 299.4 feet and a chord bearing of S 73°19'W an arc distance of 299.7 feet;thence,S 68'36'W a distance of 639.7 feet thence,S 21°24'E a disance of 110.0 feet;thence,N 68°36'E a distance of 639.7 feet to the point of curvature of a curve to the right having a radius of 1710.0 feet,a chord length of 250.9 feet and a chord bearing of N 72°48'E;thence,along said curve to the tight an arc distance of 251.1 feet to the point of beginning with the above described parcel containing 2.31 acres. TRACT 6. SOUTHEAST MISSOURI STATE UNIVERSITY FOUNDATION PERMANENT SLOPE EASEMENT All of that part of U. S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest comer of U.S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03022'E along the east line of said described property a distance of 1913.1 feet to the point of beginning;thence,S 85°11' W a distance of 55.6 feet;thence,N 86°1 VW a distance of 56.1 feet thence,S 72°48'W a distance of 15.2 feet thence,S 49°53'W a distance of 63.5 feet;thence,N 20°15'W a distance of 26.5 feet;thence,along a curve to the left with a radius of 1710.0 feet a chord length of 57.8,and a chord bearing of S 69°34'W an arc distance of 57.8 feet thence,S 68°36'W a distance of 62.23 feet thence,S 20°15'E a distance of 20.8 feet thence,S 70'02'W a distance of 54.9 feet thence,S 66°50'W a distance of 135.8 feet thence,S 63°03'W a distance of 255.8 feet thence,S 67'04'W a distance of 131.9 feet;thence,N 21°24'W a distance of 51.8 feet thence,N 68°36'E a distance of 639.7 feet to the point of curvature of a curve to the right having a radius of 1710.0 feet,a chord length of 250.9 feet and a chord bearing of N 72°48'E;thence,along said curve to the right an arc distance of 251.1 feet to the east line of property described in Book 551 at Page 569; thence,S 03022'W Page 6 of 20 along said east line a distance of 32.5 feet to the point of beginning with the above described parcel containing 0.53 acre AND ALSO All of that part of U.S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest corner of U. S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the east line of said described property a distance of 2024.0 feet to a 1/2"re-bar;thence,continue along said east line N 03°48'E a distance of 36.0 feet to the point of beginning;thence,continue N 03°48'E and along said east line a distance of 37.3 feet;thence,S 63'12'W a distance of 143.0 feet-,thence,N 68°54'W a distance of 52.8 feet;thence,S 16'50'W 43.8 feet;thence along a curve to the left with a radius of 1820.0 feet,a chord length of 105.9 and a chord bearing of S 70'16'W an arc distance of 105.9 feet;thence,S 68°36'W a distance of 13.8 feet;thence,N 16°50'E a distance of 40.8 feet;thence,S 64'22'W a distance of 204.1 feet; thence,S 73°27'W a distance of 293.8 fees thence,S 69°33'W a distance of 154.8 feet; thence,S 21°24'E a distance of 44.5 feet;thence,N 68°36'E a distance of 639.7 feet to the point of curvature of a curve to the right having a radius of 1820.0 feet,a chord length of 299.4 feet and a chord beating of N 73°19'E;thence,along said curve to the right an arc distance of 299.7 feet to the point of beginning with above described parcel containing 0.54 acre. TRACT 7. SOUTHEAST MISSOURI STATE UNIVERSITY FOUNDATION PERMANENT DRAINAGE EASEMENT All of that part of U. S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the east line of said described property a distance of 1945.6 feet;thence,along a curve to the left having a radius of 1710.0 feet,a chord length of 193.2 feet and a chord bearing of S 73°46'W,an arc distance of 193.3 feet to the point of beginning;thence,continue along said curve to the left with a chord length of 57.8 feet and a chord bearing of S 6934'W an arc distance of 57.8 feet;thence,S 68°36'W a distance of 62.2 feet;thence,S 20'15'E a distance of 94.8 feet; thence,N 69°44'E a distance of 120.0 feet;thence,N 20°15'W a distance of 96.2 feet to the point of beginning with above described parcel containing 0.26 acre AND ALSO: All of that part of U.S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of U.S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03'22'E along the east line of said described property a distance of 2024.0 feet to a 1/2"re-bar;thence,continue along said east line N 03°48'E a distance of 36.0 feet;thence,along a curve to the left having a radius of 1820.0 feet,a chord length of 193.7 feet and a chord bearing of S 74°59'W an arc distance of 193.8 feet to the point of beginning;thence,continue along said curve to the left with a chord length of 105.9 feet and a chord bearing of S 70°16'W an arc distance of 105.9 feet;thence,S 68'36'W a distance of 13.8 feet,thence,N 16°50'E a distance of 134.5 Page 7 of 20 feet;thence,S 89°28'E a distance of 100.0 feet thence,S 16°50'W a distance of 91.0 feet to the point of beginning with above described parcel containing 0.25 acre TRACT 8. SOUTHEAST MISSOURI STATE UNIVERSITY FOUNDATION TEMPORARY CONSTRUCTION EASEMENT All of that part of U S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest corner of U S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03'22'E along the east line of said described property a distance of 1913.1 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width,coincident to,adjoining with, and lying on the southerly side of the following described lines;thence,S 85011'W a distance of 55.6 feet;thence,N 86°11'W a distance of 56.1 feet;thence,S 72°48'W a distance of 15.2 feet thence,S 49°53'W a distance of 63.5 feet and there terminating; thence, from said point of termination measure S 71°47'W a distance of 120.1 feet to the point of beginning of another temporary construction easement also being a strip of land, 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,S 70°02'W a distance of 54.9 feet; thence,S 66°50'W a distance of 135.8 feet;thence,S 63°03'W a distance of 255.8 feet,thence,S 67'04'W a distance of 131.9 feet and there terminating. AND ALSO All of that part of U S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest corner of U.S, Survey 790 measure S 83'43'E along the south line thereof a distance of 2615.9 feet to the east line of property described in Book 551 at Page 569 of the Cape Girardeau County Deed Records;thence,N 03'22'E along the east line of said described property a distance of 2024.0 feet to a 1/2"re-bar,thence,continue along said east line N 03°48'E a distance of 73.3 feet to the point of beginning of a temorary construction easement being a strip of land 10.0 feet in width,coincident to,adjoining with, and lying on the northerly side of the following described lines;thence,S 63°12'W a distance of 143.0 feet thence,N 68°54'W a distance of 52.8 feet and there terminating; thence, from said point of termination measure S 68'57'W a distance of 121.5 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the northerly side of the following described lines;thence,S 64°22'W a distance of 204.1 feet;thence,S 73°27'W a distance of 293.8 feet thence,S 69'33'W a distance of 154.8 feet and there terminating. TRACT 9. NORWALD,INC. FEE SIMPLE INTEREST All of that part of Fractional Section 3,and that part of U. S. Survey 790,all in Township 31 North,Range 13 East of the Fifth Principal,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Southeast corner of Fractional Section 3 and the point of beginning measure N 26°48'W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet,a chord length of 154.4 feet and a chord Page 8 of 20 bearing of N 89°26'W;thence,along said curve to the left an arc distance of 154.4 feet; thence,S 88'41'W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet,a chord length of 938.0 feet and a chord bearing of N 81°38' W;thence,along said curve to the right an arc distance of 942.5 feet;thence,N 71°57'W a distance of 1444.0 feet to the point of curvature of a curve to the left having a radius of 1675.0 feet,a chord length of 803.0 fet and a chord bearing of N 85'49'W;thence,along said curve to the left an arc distance of 810.8 feet;thence,S 80'19'W a distance of 494.6 feet to the point of curvature of a curve to the right having a radius of 2925.0 feet,a chord length of 753.0 feet and a chord bearing of S 87°42'W;thence,along said curve to right an arc distance of 755.1 feet;thence,N 84°54'W a distance of 1742.2 feet thence,N 28°16'W a distance of 77.4 feet;thence,N 87°07'W a distance of 60.0 feet-,thence,S 29°27'W a distance of 73.7 feet to the point of curvature of a curve to the left having a radius of 1820.0 feet a chord length of 408.2 and a chord bearing of S 8428'W;thence,along said curve to the left an arc distance of 409.1 feet to the west line of property descirbed in Book 278 at Page 10 of the Cape Girardeau County Deed Records;thence,S 03°48'W along the west line of said described property a distance of 36.0 feet to a 1/2"re-bar marking the southwest corner thereof;thence S 84°58'E along the south line of said described property a distance of 2644.1 feet to a 1/2"re-bar;thence,departing said line N 05°42'E a distance of 25.7 feet thence,along a curve to the left having a radius of 3035.0 feet,a chord length of 413.4 feet and a chord bearing of N 84°13'E,an arc distance of 413.7 feet thence,N 80°19'E a distance of 494.6 feet to the point of curvature of a curve to the right having a radius of 1565.0 feet a chord length of 750.2 feet and a chord bearing of S 85°49'E; thence,along said curve to the right an arc distance of 757.6 feet thence,S 71'57'E a distance of 2027.1 feet to a point on the south line of section 3;thence,N 88°58'E along the south line of section 3 a distance of 1308.1 feet to the point of beginning with the above described parcel containing 20.62 acres. TRACT 10. NORWALD,INC. PERMANENT SLOPE EASEMENT All of that part of Fractional Section 3 and that part of U. S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri, described as follows: From the southeast corner of said Section 3,measure S 88°58'W along the south line thereof a distance of 1308.0 feet;thence,N 71'57'W a distance of 285.2 feet to the point of beginning;thence,N 87°04'W a distance of 81.6 feet thence,N 77°23'W a distance of 178.2 feet;thence,N 14°12'W a distance of 38.3 feet; thence,N 85°03'W a distance of 66.5 feet;thence,N 23°16'E a distance of 20.9 feet;thence,N 71°57'W a distance of 30.1 feet;thence,S 23'16'W a distance of 18.2 feet;thence,N 64°26'W a distance of 83.4 feet; thence,N 87°17'W a distance of 231.9 feet;thence,N 67'38'W a distance of 145.3 feet; thence,N 34°06'W a distance of 68.4 feet;thence,N 15°54'E a distance of 15.6 feet; thence,N 71'57'W a distance of 30.0 feet thence,S 15'54'W a distance of 16.7 feet; thence,N 67°01'W a distance of 135.8 feet thence,S 83°53'W a distance of 147.8 feet thence,N 78°32'W a distance of 203.6 feet;thence,N 00°49'E a distance of 75.2 feet, thence,S 55°44'E a distance of 8.8 feet;thence,N 34°16'E a distance of 20.2 feet thence, N 71°57'W a distance of 31.2 feet;thence,S 34°16'W a distance of 11.5 feet,thence,S 85°34'W a distance of 61.5 feet;thence,S 72°04'W a distance of 191.2 feet; thence, N 30°35'W a distance of 205.4 feet,thence,N 87°04'W a distance of 168.7 feet thence,N 40°40'E a distance of 47.2 feet;thence,along a curve to the left having a radius of 1568.0 feet a chord length of 34.7 feet,and a chord bearing of N 79'34'W an arc distance of 34.7 feet; thence,S 40°40'W a distance of 29.7 feet;thence,N 85°09'W a distance of 108.1 feet; Page 9 of 20 thence,N 86°41'W a distance of 341.86 feet;thence,S 83'26'W a distance of 18.0 feet; thence,S 68°03'W a distance of 136.3 feet;thence,N 89°11'W a distance of 151.3 feet thence,S 73°51'W a distance of 63.9 feet;thence,S 68°22'W a distance of 97.1 feet; thence,S 83'39'W a distance of 89.6 feet;thence,S 59034'W a distance of 85.9 feet; thence,N 12°22'E a distance of 41.4 feet;thence,S 81°37'W a distance of 32.1 feet; thence,S 12°22'W a distance of 30.0 feet;thence,N 51°08'W a distance of 35.2 feet; thence,S 75°06'W a distance of 86.6 feet;thence,N 75°30'W a distance of 35.2 feet,, thence,S 85°14'W a distance of 36.0 feet;thence,S 71'57'W a distance of 57.1 feet; thence,N 89°13'W a distance of 86.9 feet;thence,N 05°42'E a distance of 11.7 feet; thence,along a curve to the left having a radius of 3035.0 feet,a chord length of 413.4 feet and a chord bearing of N 84°13'E,an arc distance of 413.7 feet;thence,N 80019'E a distance of 494.6 feet to the point of curvature of a curve to the right having a radius of 1565.0 feet,a chord length of 750.2 feet and a chord bearing of S 85°49'E; thence,along said curve to the right an arc distance of 757.6 feet;thence,S 71057'E a distance of 1741.9 feet to the point of beginning with the above described parcel containing 2.48 acres. AND ALSO All of that part of U. S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest comer of U. S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest comer of property described in Book 278 at Page 10;thence,N 03°48'E along the west line of said described property a distance of 36.0 feet to the point of beginning; thence,continue N 03°48'E along said west line a distance of 37.3 feet;thence,N 61°37'E a distance of 17.3 feet;thence,N 78°03'E a distance of 245.0 feet thence,S 82°28'E a distance of 169.9 feet;thence,S 29'27'W a distance of 39.7 feet;thence,along a curve to the right with a radius of 1820.0 feet,a chord length of 126.0 feet,and a chord bearing of S 87°06'E an arc distance of 126.0 feet;thence,S 85°01'E a distance of 7.1 feet;thence,N 28°17'W a distance of 18.6 feet;thence,N 81'07'E a distance of 130.1 feet thence,S 33°33'W a distance of 53.4 feet;thence,S 84°54'E a distance of 34.1 feet;thence,N 33°33' E a distance of 37.2 feet;thence,S 78°15'E a distance of 181.5 feet thence,N 80°07'E a distance of 154.0 feet;thence,S 80°50'E a distance of 205.3 feet thence,S 52°36'E a distance of 69.1 feet;thence,N 84°54'W a distance of 734.5 feet to the point of curvature of a curve to the left having a radius of 1820.0 feet,a chord length of 540.1 feet,and a chord bearing of S 86°34'W;thence,along said curve to the left an arc distance of 542.1 feet to the point of beginning with the above described parcel containing 0.96 acre. AND ALSO All of that part of U.S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian, Cape Girardeau County,Missouri,described as follows: From the southwest comer of U. S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03'22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest comer of property described in Book 278 at Page 10;thence,S 84°58'E along the south line of said described property a distance of 2007.6 feet thence,N 05°02'E a distance of 113.9 feet to the point of beginning;thence,N 87°24'E a distance of 110.7 feet; thence,S 77'42'E a distance of 118.6 feet;thence,N 84°54'W a distance of 227.4 feet to the point of beginning with above described parcel containing 0.04 acre. Page 10 of 20 AND ALSO All of that part of U. S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest corner of U.S. Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03'22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest corner of property described in Book 278 at Page 10;thence,S 84'58'E along the south line of said described property a distance of 2644.1 feet to 1/2"re-bar marking a jog in said south line;thence,departing from said south line N 69°04'E a distance of 546.3 feet to the point of beginning; thence,N 70°42'E a distance of 40.2 feet;thence,S 88°58'E a distance of 36.1 feet;thence,S 80°19'W a distance of 75.0 feet to the point of beginning with above described parcel containing 0.01 acre. AND ALSO All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the southeast comer of Fractional Section 3 measure N 26°48' W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet, a chord length of 154.4 feet and a chord bearing of N 89°26'W;thence,along said curve to the left an arc distance of 154.4 feet;thence,S 88°41' W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet,a chord length of 938.0 feet and a chord bearing of N 81°38'W;thence, along said curve to the right an arc distance of 942.5 feet thence,N 71°57'W a distance of 1444.0 feet to the point of curvature of a curve to the left having a radius of 1675.0 feet a chord length of 50.9 feet and a chord bearing of N 72°49'W,thence,along said curve to the left an arc distance of 50.9 feet to the point of beginning;thence,continuing along said curve to the left with a chord length of 218.7 feet and a chord beating of N 77'26'W,an arc distance of 218.8 feet;thence,N 77°47'E a distance of 133.4 feet;thence,S 40°40'W a distance of 59.4 feet;thence,along a curve to the right having a radius of 1675.0 feet a chord length of 34.0 feet and a chord bearing of S 77°25'E,an arc distance of 34.0 feet thence,N 40°40'E a distance of 50.1 feet;thence,S 4227'E a distance of 83.1 feet to the point of beginning with the above described parcel containing 0.10 acre. AND ALSO All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the southeast comer of Fractional Section 3 measure N 26°48' W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet,a chord length of 154.4 feet and a chord bearing of N 89'26'W;thence, along said curve to the left an arc distance of 154.4 feet;thence,S 88°41' W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet,a chord length of 938.0 feet and a chord bearing of N 81°38'W;thence, along said curve to the right an arc distance of 942.5 feet thence,N 71°57'W a distance of 850.1 feet to the point of beginning;thence,continue N 71°57'W a distance of 20.4 feet; thence,N 67'17'E a distance of 19.6 feet;thence,S 05'09'E a distance of 13.9 feet to the point of beginning with the above described parcel containing 130 square feet. TRACT 11. NORWALD, INC. Page 11 of 20 PERMANENT DRAINAGE EASEMENT All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southeast corner of said Section 3 measure S 88'58'W along the south line thereof a distance of 1308.0 feet;thence,departing said south line N 71°57'W a distance of 624.7 feet to the point of beginning;thence,continue N 71'57'W a distance of 30.1 feet; thence,S 23°16'W a distance of 18.2 feet; thence,S 66'44'E a distance of 30.0 feet;thence, N 23°16'E a distance of 20.9 feet to the point of beginning with above described parcel containing 0.01 acre(586 square feet). AND ALSO: All of that part of U.S Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southeast corner of U.S.Survey 790 measure S 83'43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest corner of property described in Book 278 at Page 10;thence,S 84°58'E along the south line of said described property a distance of 2644.1 feet to 1/2"re-bar marking a jog in said south line;thence,departing from said south line N 80°47'E a distance of 390.1 feet to the point of beginning;thence,along a curve to the left having a radius of 3035.0 feet,a chord lengh of 29.2 and a chord bearing of N 80°35'E,an arc distance of 29.2 feet; thence,N 80°19'E a distance of 3.1 feet;thence,S 12°22'W a distance of 25.8 feet thence, N 77'38'W a distance of 30.0 feet;thence,N 12°22'E a distance of 13.8 feet to the point of beginning with the above described parcel containing 0.01 acre (593 square feet). AND ALSO: All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Southeast comer of Fractional Section 3 measure N 26°48' W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet,a chord length of 154.4 feet and a chord bearing of N 89°26'W;thence,along said curve to the left an arc distance of 154.4 feet thence,S 88°41' W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet,a chord length of 55.8 feet and a chord bearing of S 89°16'W,thence,along said curve to the right an arc distance of 55.8 feet to the point of beginning;thence, continue along said curve to the right with a chord length of 145.0 feet and a chord bearing of N 88°40'W,an arc distance of 145.0 feet;thence,N 00°17'E a distance of 10.8 feet; thence,S 89°43'E a distance of 145.0 feet;thence,S 00°17'W a distance of 13.5 feet to the point of beginning with the above described parcel containing 0.04 acre. (1849 square feet) AND AISO: All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southeast corner of said Section 3 measure S 88°58'W along the south line thereof a distance of 1308.0 feet thence,departing said south line N 71°57'W a distance of 1672.2 feet to the point of beginning;thence,continue N 71°57'W a distance of 31.2 feet; thence,S 34°16'W a distance of 11.5 feet;thence,S 55°44'E a distance of 30.0 feet;thence, N 34°16'E a distance of 20.2 feet to the point of beginning with the above described parcel containing 0.01 acre(476 square feet). Page 12 of 20 AND ALSO: All of that part of U.S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest corner of U.S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest corner of property described in Book 278 at Page 10;thence,N 03°48'E along the west line of said described property a distance of 36.0 feet; thence,along a curve to the right having a radius of 1820.0 feet,a chord lengh of 540.1 feet and a chord bearing of N 86°34'E,an arc distance of 542.1 feet;thence,S 8454'E a distance of 90.6 feet to the point of beginning;thence,continue S 84°54'E a distance of 34.1 feet;thence,N 33'33'E a distance of 37.2 feet;thence,N 56°27'W a distance of 30.0 feet;thence,S 33°33'W a distance of 53.4 feet to the point of beginning with the above described parcel containing 0.03 acre (1358 square feet). AND ALSO: All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southeast comer of said Section 3 measure S 88°58'W along the south line thereof a distance of 1308.0 feet;thence,departing said south line N 71°57'W a distance of 1162.2 feet to the point of beginning;thence,continue N 71'57'W a distance of 30.0 feet; thence,S 15'54'W a distance of 16.7 feet;thence,S 74°06'E a distance of 30.0 feet thence, N 15°54'E a distance of 15.6 feet to the point of beginning with above described parcel containing 0.01 acre (485 square feet). AND AISO: All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southeast comer of said Section 3 measure S 88°58'W along the south line thereof a distance of 1308.0 feet;thence,departing said south line N 71'57'W a distance of 2027.1 feet to the point of curvature of a curve to the left having a radius of 1565.0 feet,a chord length of 190.4 feet and a chord bearing of N 75°26'W;thence,along said curve to the left an arc distance of 190.5 feet to the point of beginning;thence,continue along said curve to the left with a chord bearing of N 79'34'W and a chord length of 34.7 feet an arc distance of 34.7 feet thence,S 40°40'W a distance of 29.7 feet;thence,S 49°20'E a distance of 30.0 feet;thence,N 40°40'E a distance of 47.2 feet to the point of beginning with the above described parcel containing 0.03 acre(1156 square feet). AND ALSO: All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Southeast comer of Fractional Section 3 measure N 26°48' W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet a chord length of 154.4 feet and a chord bearing of N 89°26'W;thence,along said curve to the left an arc distance of 154.4 feet;thence,S 88°41' W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet a chord length of 938.0 feet and a chord bearing of N 81°38'W;thence, along said curve to the right an arc distance of 942.5 feet thence,N 71°57'W a distance of 1444.0 feet to the point of curvature of a curve to the left having a radius of 1675.0 feet,a Page 13 of 20 chord length of 142.6 feet and a chord bearing of N 74°24'W;thence,along said curve to the left an arc distance of 142.6 feet to the point of beginning;thence,continue along said curve to the left with a chord length of 34.0 feet and a chord bearing of N 77°25'W,an arc distance of 34.0 feet;thence,N 40°40'E a distance of 71.8 feet;thence,S 49°20'E a distance of 30.0 feet;thence,S 40'40'W a distance of 55.8 feet to the point of beginning with the above described parcel containing 0.04 acre(1912 square feet). TRACT 12. NORWALD, INC. TEMPORARY CONSTRUCTION EASEMENT All of that part of Fractional Section 3 and that part of U S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri, described as follows: From the Southeast corner of said Section 3,measure S 88'58'W along the south line thereof a distance of 1308.0 feet thence,N 71°57'W a distance of 285.2 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width, coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,N 87°04'W a distance of 81.6 feet;thence,N 77'23'W a distance of 178.2 feet,thence,N 14°12'W a distance of 38.3 feet;thence,N 85°03'W a distance of 66.5 feet and there terminating;thence, from said point of termination measure N 66°44'W a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described lines;thence, N 6426'W a distance of 83.4 feet; thence,N 87°17'W a distance of 231.9 feet;thence,N 67°38'W a distance of 145.3 feet; thence,N 34°06'W a distance of 68.4 feet and there terminating;thence,from said point of termination measure N 74°06'W a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width, coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,N 67001'W a distance of 135.8 feet thence,S 83'53'W a distance of 147.8 feet;thence,N 78°32'W a distance of 203.6 feet thence,N 00'49'E a distance of 75.2 feet and there terminating;thence,from said point of termination measure N 55'44'W a distance of 21.2 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described lines;S 85'34'W a distance of 61.5 feet;thence,S 72°04'W a distance of 191.2 feet thence, N 30°35'W a distance of 205.4 feet thence,N 87°04'W a distance of 168.7 feet and there terminating;thence, from said point of termination measure N 49°20'W a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width, coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,N 85'09'W a distance of 108.1 feet;thence,N 86°41'W a distance of 341.9 feet thence,S 83'26'W a distance of 18.0 feet thence, S 68°03'W a distance of 136.3 feet thence,N 89'11'W a distance of 151.3 feet;thence,S 73°51'W a distance of 63.9 feet; thence,S 68°22'W a distance of 97.1 feet; thence,S 83°39'W a distance of 89.6 feet; thence,S 59'34'W a distance of 85.9 feet and there terminating;thence, from said point of termination measure N 77°38'W a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width, coincident to,adjoining with,and lying on the southerly side of the following described lines;thence,N 51°08'W a distance of 35.2 feet thence,S 75°06'W a distance of 86.6 feet; thence,N 75°30'W a distance of 35.2 feet;thence,S 85°14'W a distance of 36.0 feet; thence,S 71°57'W a distance of 57.1 feet;thence,N 89°13'W a distance of 86.9 feet and there terminating. Page 14 of 20 AND ALSO All of that part of U.S. Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest comer of U. S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest corner of property described in Book 278 at Page 10;thence,N 03048'E along the west line of said described property a distance of 73.2 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width,coincident to, adjoining with,and lying on the northerly side of the following described lines;thence,N 61037'E a distance of 17.3 feet;thence,N 78°03'E a distance of 245.0 feet;thence,S 82°28'E a distance of 169.9 feet and there terminating;thence, from said point of termination measure S 76°26'E a distance of 107.5 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width, coincident to,adjoining with,and lying on the northerly side of the following described line; N 81°07'E a distance of 130.1 feet and there terminating;thence, from said point of termination measure S 56°27'E a distance of 30.0 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to, adjoining with,and lying on the northerly side of the following described lines;thence,S 78°15'E a distance of 181.5 feet;thence,N 80°07'E a distance of 154.0 feet;thence,S 80'50'E a distance of 205.3 feet thence,S 5236'E a distance of 69.1 feet and there terminating. AND ALSO All of that part of U.S.Survey 790,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest corner of U. S. Survey 790 measure S 83'43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03°22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest comer of property described in Book 278 at Page 10; thence,S 84°58'E along the south line of said described property a distance of 2007.6 feet thence,N 05°02'E a distance of 113.9 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width,coincident to,adjoining with,and lying on the northerly side of the following described lines;thence,N 87°24'E a distance of 110.7 feet thence,S 77°42'E a distance of 118.6 feet and there terminating. AND ALSO All of that part of U. S. Survey 790,Township 31 North,Range 13 east of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest corner of U. S.Survey 790 measure S 83°43'E along the south line thereof a distance of 2615.9 feet to the west line of property described in Book 1282 at Page 570 of the Cape Girardeau County Deed Records;thence,N 03'22'E along the west line of said described property a distance of 2024.0 feet to a 1/2"re-bar marking the southwest comer of property described in Book 278 at Page 10;thence,S 8458'E along the south line of said described property a distance of 2644.1 feet to 1/2"re-bar marking a jog in said south line;thence,departing from said south line N 69004'E a distance of 546.3 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width,coincident to,adjoining with,and lying on the northerly side of the Page 15 of 20 following described lines;thence,N 70°42'E a distance of 40.2 Feer thence,S 88°58'E a distance of 36.1 feet and there terminating. AND ALSO All of that part of Fractional Section 3,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the southeast comer of Fractional Section 3 measure N 26°48' W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet,a chord length of 154.4 feet and a chord bearing of N 89'26'W;thence,along said curve to the left an arc distance of 154.4 feet;thence,S 88°41' W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet,a chord length of 938.0 feet and a chord bearing of N 81°38'W;thence, along said curve to the right an arc distance of 942.5 Feer thence,N 71'57'W a distance of 1444.0 feet to the point of curvature of a curve to the left having a radius of 1675.0 feet,a chord length of 50.9 feet and a chord bearing of N 72°49'W;thence,along said curve to the left an arc distance of 50.9 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width,coincident to,adjoining with,and lying on the northerly side of the following described lines;N 42'27'W a distance of 83.1 feet and there terminating;thence, from said point of termination measure N 61°50'W a distance of 30.7 feet to the point of beginning of another temporary construction easement also being a strip of land 10.0 feet in width,coincident to,adjoining with,and lying on the northerly side of the following described line;thence,S 77°47'W a distance of 133.4 feet and there terminating. AND ALSO All of that part of Fractional Section 3,Township 31 North,Range 13 east of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the southeast comer of Fractional Section 3 measure N 26°48' W along the easterly line of property described in Book 278 at Page 10 of the Cape Girardeau County Deed Records a distance of 155.7 feet to a point in curve to the left having a radius of 2366.83 feet,a chord length of 154.4 feet and a chord bearing of N 89'26'W,thence,along said curve to the left an arc distance of 154.4 feet;thence,S 88°41' W a distance of 675.7 feet to the point of curvature of a curve to the right having a radius of 2789.8 feet,a chord length of 938.0 feet and a chord bearing of N 81°38'W; thence, along said curve to the right an arc distance of 942.5 feet thence,N 71°57'W a distance of 850.1 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width,coincident to,adjoining with,and lying on the northeasterly and the northwesterly side of the following described lines;thence,N 05°09'W a distance of 13.9 feet;thence,S 67°17'W a distance of 19.6 feet and there terminating. TRACT 13. DONALD AND JOY FROEMSDORF FEE SIMPLE INTEREST All of that part of the Southwest Quarter of Section 2,and that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 East of the Fifth Principal Meridian, Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Southwest comer of Section 2 and the Northwest comer of Section 11,said 5/8"re-bar being the point of beginning measure N 89°28'E along the Section line between Sections 2 and 11 a distance of 192.1 feet to the point of curvature of a curve to the right having a radius of 2256.8 feet,a chord length of 177.9 feet and a chord Page 16 of 20 bearing of S 78°30'E;thence,along said curve to the right an arc distance of 177.9 feet; thence,S 76°14'E a distance of 78.7 feet to the point of curvature of a curve to the left having a radius of 1672.0 feet,a chord length of 120.1 feet and a chord bearing of S 78°18' E;thence,along said curve to the left an arc distance of 120.2 feet to the east line of property described in Book 276 at Page 541 of the Cape Girardeau County Deed Records; thence,N 00°41'W along said east line a distance of 82.0 feet to the south line of Section 2; thence,continue N 00°41'W a distance of 20.0 feet to the south line of Touchdown Estates Subdivision Number 4 with the following bearings and distances along said south line; thence,S 88°17'W a distance of 151.5 feet;thence,S 87°50'W a distance of 277.4 feet; thence,S 85°31'W a distance of 131.0 feet to the point of beginning with above described parcel containing 0.50 acre. TRACT 14. DONALD AND JOY FROEMSDORF PERMANENT SLOPE EASEMENT All of that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 Eeast of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Northwest comer of Section 11,said 5/8"re-bar being the point of beginning measure N 89°28'E along the section line between Sections 2 and 11 a distance of 192.1 feet to the point of curvature of a curve to the right having a radius of 2256.8 feet,a chord length of 177.9 feet and a chord bearing of S 78'30'E;thence,along said curve to the right an arc distance of 177.9 feet; thence,S 76°14'E a distance of 78.7 feet to the point of curvature of a curve to the left having a radius of 1672.0 feet,a chord length of 120.1 feet and a chord bearing of S 78°18'E;thence,along said curve to the left an arc distance of 120.2 feet to the east line of property described in Book 276 at Page 541 of the Cape Girardeau County Deed Records;thence,S 00°41'E along the east line of said described property a distance of 54.3 feet thence,departing said east line N 87*01'W a distance of 86.0 feet;thence,N 76'26'W a distance of 434.4 feet;thence,N 65'01'W a distance of 58.5 feet to the point of beginning with the above described parcel containing 0.69 acres. TRACT 15 DONALD AND JOY FROEMSDORF TEMPORARY CONSTRUCTION EASEMENT All of that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From a 5/8"re-bar marking the Northwest comer of Section 11,and the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width, coincident to,adjoining with and lying on the southerly side of the following described lines; thence,S 65°01'E a distance of 58.5 feet thence,S 76°26'E a distance of 434.4;thence,S 87*01'E a distance of 86.0 feet to the east line of property described in Book 276 at Page 541 of the Cape Girardeau County Deed Records and there terminating. TRACT 16 NORMAN H.WEISS FAMILY TRUST FEE SIMPLE INTEREST All of that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: Page 17 of 20 From a 5/8"re-bar marking the Northwest corner of the Northwest Quarter of Section 11 measure N 89°28'E along the north line thereof a distance of 559.5 feet to the Northwest comer of property described in Book 393 at page 911 of the Cape Girardeau County Deed Records and the point of beginning;thence,continue N 89°28'E along the north line of said described property a distance of 887.5 feet to a point which lies S 89°28'W,68.5 feet from the Northwest comer of Green Meadows Subdivision;thence,along a curve to the right having a radius of 1672.0 feet,a chord bearing of S 84°1V W,and a chord length of 891.1 feet,an arc distance of 902.0 feet to the west line of property described in Book 393 at Page 911;thence,N 00°41'W along said west line a distance of 82.0 feet to the point of beginning with the above described parcel containing 1.66 acres. TRACT 17 NORMAN H.WEISS FAMILY TRUST PERMANENT SLOPE EASEMENT All of that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Northwest corner of the Northwest Quarter of Section 11 measure N 89°28'E along the north line thereof a distance of 559.5 feet to the Northwest comer of property described in book 393 at page 911 of the Cape Girardeau County Deed Records;thence,S 00°41'E along the west line of said described property a distance of 82.0 feet to the point of beginning;thence,continue S 00°41'E along said west line a distance of 54.3 feet; thence,N 63°40'E a distance of 79.6 feet;thence,S 85°10'E a distance of 13.7 feet;thence, S 46'09'E a distance of 126.9 feet;thence,N 80°21'E a distance of 155.8 feet;thence,N 03°46'W a distance of 59.0 feet thence,along a curve to the left with a radius of 1672.02 feet,a chord length of 100.0 feet and a chord bearing of N 86°41'E an arc distance of 100.0 feet;thence,S 03°46'E a distance of 46.0 feet;thence,N 77'55'E a distance of 81.7 feet;thence,N 72°56'E a distance of 466.0 feet to the Northwest comer of Green Meadows Amended Subdivision;thence,S 89°28'W along the North line of Section 11 a distance of 68.5 feet to a point on non-tangent curve having a radius of 1672.02 feet a chord length of 891.1 feet and a chord bearing of S 84°1 VW;thence,along said curve an arc distance of 902.0 feet to the point of beginning with above described parcel containing 0.68 acre TRACT 18 NORMAN H.WEISS FAMILY TRUST PERMANENT DRAINAGE EASEMENT All of that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Northwest comer of the Northwest Quarter of Section 11 measure N 89°28'E along the north line thereof a distance of 559.5 feet to the northwest comer of property described in Book 393 at Page 911 of the Cape Girardeau County Deed Records;thence,S 00°41'E along the west line of said described property a distance of 82.0 feet to a point on non-tangent curve to the left having a radius of 1672.02 feet,a chord length of 327.7 feet and a chord bearing of S 85'59'E;thence,along said curve an arc distance of 328.2 feet to the point of beginning;thence,continue along said curve with a chord length of 100.0 feet and a chord bearing of N 8041'E an arc distance of 100.0 feet thence,S 03'46'E a distance of 113.3 feet;thence,S 86°14'W a distance of 100.0 feet; thence,N 03°46'W a Page 18 of 20 distance of 114.1 feet to the point of beginning with the above described parcel containing 0.26 acre. TRACT 19. NORMAN H.WEISS FAMILY TRUST TEMPORARY CONSTRUCTION EASEMENT All of that part of the Northwest Quarter of Section 11,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Northwest comer of the Northwest Quarter of Section 11 measure N 89°28'E along the north line thereof a distance of 559.5 feet to the Northwest comer of property described in Book 393 at Page 911 of the Cape Girardeau County Deed Records;thence,S 00°41'E along the west line of said described property a distance of 136.3 feet to the point of beginning of a temporary construction easement being a strip of land, 10.0 feet in width, coincident to,adjoining with and lying on the southerly side of the following described lines; thence,N 63°40'E a distance of 79.6 feet;thence,S 85°10'E a distance of 13.7 feet;thence, S 46°09'E a distance of 126.9 feet;thence,N 80°21'E a distance of 155.8 and there terminating;thence,from the point of termination of the above described temporary construction easement measure N 79°14'E a distance of 100.8 feet to the point of beginning of another temporary construction easement,also being a strip of land, 10.0 feet in width,coincident to,adjoining with,and lying on the southerly side of the following described lines; thence,N 77°55'E a distance of 81.73 feet;thence,N 72°56'E a distance of 466.0 feet to the Northwest comer of Green Meadows Amended Subdivision and there terminating. TRACT 20. MARK W.AND DORA C. MCDOWELL PERMANENT SLOPE EASEMENT All of that part of Lot 52 of Touchdown Estates Number Four as shown by plat on file in Plat Book 21 at Page 84 of the Cape Girardeau County Land Records,and being a part of Section 2,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of Lot 52 and the point of beginning measure along the southerly boundary of said Lot 52 the following beatings and distances;thence,S 84°30'E a distance of 79.5 feet;thence,S 89*01'E a distance of 132.4 feet;thence,departing the boundary of Lot 52 N 03'46'W a distance of 13.5 feet;thence,N 81°12'W a distance of 60.2 feet;thence,S 85'09'W a distance of 151.7 feet to the point of beginning with the above described parcel containing 0.07 acre. TRACT 21. MARK W.AND DORA C. MCDOWELL PERMANENT DRAINAGE EASEMENT All of that part of Lot 52 of Touchdown Estates Number Four as shown by plat on file in Plat Book 21 at Page 84 of the Cape Girardeau County Land Records,and being a part of Section 2,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the Southwest comer of Lot 52 measure along the southerly and easterly boundary of said Lot 52 the following bearings and distances;thence,S 84°30'E a distance of 79.5 feet; thence,S 89'01'E a distance of 132.4 feet to the point of beginning;thence,continue along said southerly and easterly boundary S 89*01'E a distance of 4.0 feet;thence,S 85°11'E a Page 19 of 20 distance of 67.4 feet;thence,N 63'26'E a distance of 64.3 feet;thence,N 24°34'E a distance of 41.0 feet;thence,departing the boundary of said Lot 52 S 86°14'W a distance of 149.2 feet thence,S 03°46'E a distance of 50.6 feet to the point of beginning with above described parcel containing 0.16 acre TRACT 22. MARK W.AND DORA C. MCDOWELL TEMPORARY CONSTRUCTION EASEMENT All of that part of Lot 52 of Touchdown Estates Number Four as shown by plat on file in Plat Book 21 at Page 84 of the Cape Girardeau County Land Records,and being a part of Section 2,Township 31 North,Range 13 East of the Fifth Principal Meridian,Cape Girardeau County,Missouri,described as follows: From the southwest comer of Lot 52 and the point of beginning of a temporary construction easement said easement being a strip of land, 10.0 feet in width,coincident to adjoining with and lying on the northerly side of the following described lines;thence,N 85°09'E a distance of 151.7 feet thence,S 81'12'E a distance of 60.2 feet to a point which lies 13.5 feet north of the south line of said Lot 52 and there terminating. 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 improvement of a public street. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ,1�L DAY OF Sian e- 2007. Ja Knudton C SAL ayor t� Gayle L. C rad City Clerk Page 20 of 20