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HomeMy WebLinkAboutOrd.3836.08-06-2007 BILL NO.07- 128 ORDINANCE NO. 313(b AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CORRECTED QUIT CLAIM DEED TO ST.ANDREW LUTHERAN CHURCH TO CORRECT THE LEGAL DESCRIPTION FOR THE PROPERTY TRANSFER OF KINGSWAY DRIVE IN THE CITY OF CAPE GIRARDEAU,MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor,for and on behalf of the City of Cape Girardeau,Missouri,is hereby authorized to execute a Corrected Quit Claim Deed to St Andrew Lutheran Church for real property located in the City of Cape Girardeau,Missouri more particularly described as follows: PART OF ABANDONED RIGHT OF WAY OF KINGSWAY DRIVE BEING A PART OF THE NORTHEAST QUARTER(NE 1/4)OF OUT LOT 80 AND PART OF THE SOUTHEAST QUARTER(SE 1/4)OF OUT LOT 80 IN SURVEY 2199,TOWNSHIP 31 NORTH,RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU COUNTY,MISSOURI CONTAINING 7,538 SQUARE FEET(MORE OR LESS),DESCRIBED AS FOLLOWS: Commence at the Southwest comer of the NE 1/4 of Out Lot 80 of Survey 2199,Township 31 North,Range 13 East(nothing Found--position from deeds); thence S 83002'56"E,408.78 feet; thence S 07020'19"W,206.54 feet to a point in the northeast Right of Way Line of Kingsway Drive; thence N 39051'00"W along said Right of Way Line, 131.28 feet for the Point of Beginning. thence S 48011'15"W,50.03 feet to a point in the southwesterly Right of Way Line of Kingsway Drive; thence N 39051'00"W along said Right of Way Line, 110.58 feet to a point in the East Right of Way Line of Kingshighway(U.S.Highway 61); thence northwesterly along the arc of a Curve to the Left having a Radius of 1964.43 feet and with said Right of Way Line,46.73 feet(Chord =N 16010'58" W,46.73 feet); thence N 34015'59" E along said Right of Way Line, 19.16 feet; thence northwesterly along the arc of a Curve to the Left having a Radius of 1987.06 feet and with said Right of Way Line, 34.32 feet(Chord N 17055'43"W,34.32 feet) to a point in the northeasterly Right of Way Line of Kingsway Drive; thence S 39051'00"E along said Right of Way Line, 188.75 feet to the Point of Beginning- SUBJECT TO THE CITY RETAINING AN EASEMENT FOR MAINTAINING AND/OR CONSTRUCTING UTIIITIES IN SAME OVER AND ACROSS THE FOLLOWING DESCRIBED AREA,TO WIT: Commence at the Southwest comer of the NE 1/4 of Out Lot 80 in Survey 2199,Township 31 North,Range 13 East(nothing found--position from deeds); thence S 83002'56"E,408.78 feet; thence S 07020'19"W,206.54 feet to a point in the northeasterly Right of Way Line of Kingsway Drive; thence N 39051'00"W along said Right of Way Line, 131.28 feet for the Point of Beginning thence S 48011'15"W,29.87 feet,, thence N 36015'12"W, 156.18 feet to a point in the East Right of Way Line of Kingshighway(U.S. Highway 61); thence N 34015'59"E along said Right of Way Line,7.53 feet; thence northwesterly along the arc of a Curve to the Left having a Radius of 1987.06 feet and with said Right of Way Line,34.32 feet(Chord=N 17055'43" W,34.32 feet) to a point in the northeasterly Right of Way Line of Kingsway Drive; thence S 39051'00" E along said Right of Way Line, 188.75 feet to the Point of Beginning. ARTICLE 2. This ordinance will be in f/uffll force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF Mini/�S -2007. JG on,Mayor ATII T: 4 Gayle L nrad,City Clerk 0 #r s vx>t 88AL .r M F r St. Andrew Lutheran Church Property Exchange t it �AVTVc Survey For: The City of Cape Girardeau, Missouri Part of the NE 1/4 of Outlot 80 in Survey. 2199, M \ Township 31 North, Range 13 East in the City of Cape Girardeau in Cape Girardeau County, Missouri co \P 7\ SW Corner, N \ Survey 2199 T �4 of Outlot 80 To S83°08'56"E 31 North,' \ Range 13 East Position (Nothing Fourd 408, 7g' NE 1/4 O / L. _ Per Deed (POC.) 8�, Suw eJ'2199 SE1/4 N34°15'S9AE / 0. L. gp� S ujvey 2199 19,16 / / / 1 • �' (/// c��j o (Doc. No. Church) 2005eran PAG18�`�'R) cv r E 445) N / 'o \ �'� / / / / otiti�� P.T. Tr -2 Q �co , sem- � `o 'ljj _ ��� / // y/ y/ / �p�b '�S83°30'38"E coo 4 P ,`, 9`S1 S� G L = 4 7, 21''_•8 N v Yca&: 'i = 3 0 c� o r / / / / q. R=56.00' 1 °� o, / / / to = Q / ChDei 48°18'09° 0)E 0 18"E, 45.82' civ (N/I= St. Andrew ' 0 't SYMBOLS LEGEND r h�Q O�' <Docu N Bran Church) 0 K LL aL ,� �o 1. - 1 2" IRON RODS (SET). y� ����� o< (Boo N 2. = 1/2" IRON RODS (FND). 1 o 3. In = 5/8 IRON RODS (FND). c Q� of 1 44�) 1, �o G 4. ® = 1" IRON BAR (FND). 5. = EXISTING BUSH ON CORNER �N- g � �9° �j �' yob (FND). � � in o �n C� o o 60 �� C 0 9� 1� N P ` v J D E S C P. I P T 1 0 N TRACT -1: PART OF ABANDONED R!,GHT OF WAY OF KiNGSWAY DRIVE BEING A PART OF THE NORTHEAST QUARTER (NE 1/4) OF OUT LOT 80 AND PART OF THE SOUTHEAST QUARTER (SE 1/4) OF OUT LOT 80 IN SURVEY 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU COUNTY, MISSOURI CONTAINING 7,538 SQUARE FEET (MORE OR LESS), DESCRIBED AS 1 FOLLOWS: Commence at the Southwest corner of the NE 1/4 of Out Lot 80 of Survey 2199, Township 31 North, Renge 13 East (nothing found -- position from deeds); thence S 83°02'56" E, 408.78 feet; thence S 1 07'20'19" W, 206.54 feet to a point in the northeast Right of Way Line of Kingsway Drive; thence N 39°51'00" W along said Right of Way Line, 131.28 feet for the Point of Beginning: thence S 48' 11'15" W, 50.03 feet to a point in the southwesterly Right of Way Line of Kingsway Drive; thence N 39°51'00" W along said Right of Way Line, 110.58 feet to a point in the East Right of Way Line of Kingshighway (U.S. Highway 61); thence northwesterly along the arc of PROPERTY SURVEY CLASS..."RURAL" a Curve to the Left having a Radius of 1964.43 feet and with said Right of Way Line, 46.73 feet (Chord = N 16'10'58" W, 46.73 feet); thence N 34°15'59" E along said Right of Way Line, 19.16 feet; SURVEY CERTIFICATION thence northwesterly along the arc of a Curve to the Left having a Radius of 1987.06 feet and with said Right of Way Line, 34.32 feet THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PARCEL OF (Chord N 17°55'43" W, 34.32 feet) to a point in the northeasterly LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT Righ 1 of Way Line of Kingsway Drive; thence S 39°51'00" E along REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILITY AND THAT SAID said Right of Way Line, 188.75 feet to the Point of Beginning. PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH THE CURRENT MINIMUMS FOR LAND SURVEYS IN THE STATE OF MISSOURI AS SET����aa�ov� THE MISSOURI ® A0O®o SUBJECT TO THE CITY RETAINING AN EASEMENT FOR MAINTAINING AND/OR �' DEPARTMENT OF NATURAL RESOURCES LAND SU CONSTRUCTING UTILITIES IN SAME OVER AND ACROSS THE FOLLOWING DESCRIBED �� 5•.••°' °• `�' °O°mo • AREA, TO WIT: Commence at the Southwest corner of the NE 1/4 of Out DONE THIS 02 nd. DAY OF JULY 20j. :� ' o Lot 80 in Survey 2199, Township 31 North, Range 13 East (nothing xY found --position from deeds); Thence S 83°02'56" E, 408.78 feet; thence S 07'20'19" W, 206.54 feet to a point in the northeasterly® R .0 Right of Way Line of Kingsway Drive; thence N 39°51'00 W along °PLs-too 13179. o �`� °`°i,`��'r�°°•°•'��¢e��`o said Right of Way Line, 131.28 feet for the Point of Beginning: SAA thence S 48'11'15" W, 2.9.87 feet; thence N 36'15 12" W, 156.18Z. feet to in the East Right Way Line Kingshighway a point of of (U.S. TIMOTHY J_SANDER MDe�O�rS-200301317 Highway 61); thence N 34°15'59" E along said Right of Way Line, 2323 PERRYVILLE ROAD -� 7.53 feet; thence northwesterly along the arc of a Curve to the Left CAPE GIRARDEAU, MISSOURI 63701 having a Radius of 1987.06 feet and with said Right of Way. Line, 34.32 feet. (Chord = N 17°55'43" W. 34.32 feet) to a point in the northeasterly Right of Way Line of Kingsway Drive; thence S 39° TITLE REFERENCES 51'00" E along said Right of Way Line, 188.75 feet to the Point of [BOOK Beginning. DOC. NO. 2005-18149 (SUB & ADJ) REFERENCES 1056, PAGE 445 (SUB & ADJ) SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES 1. NORTH PER EAST LINE OF RECORD PLAT OF SLINKARD DOC. NO. 2006-16268 BOOK 450, PAGE 093 (ADJ) (ADJ) AFFECTING SAME, EITHER WRITTEN OR IMPLIED. SUBDIVISION (N 39'51'00" W). BOOK 232, PAGE 151 (ADJ) TRACT -2: PART OF THE SOUTHEAST QUARTER (SE 1; 4) OF OUT LOT 80 IN 2. ABSTRACT OF TITLE. BOOK 254 PAGE 049ADJ 3. RECORD PLAT (BK. 14, PG. 87). (ADJ) SURVEY 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY 4. HIGHWAY PLANS RTE. 61 (N. KINGSHIGHWAY). OF CAPE GIRARDEAU COUNTY. MISSOURI CONTAINING 6,131 SQUARE FEET (MORE OR LESS), DESCRIBED AS FOLLOWS: Commence at the Southwest corner of 5. N/F = NOW OR FORMERLY. =ASSESSOR'S MAP NUMBER 15-920 the NE 1/4. of Out Lot 80 of Survey 2.199, Township 31 North, Range 13 6. P.O.B. = POINT OF BEGINNING. 18• P.O.C. =POINT OF COMMENCEMENT. East (nothing found --position from deeds); thence S 83°02'56" E; JOB NUMBER 8. (NTS) NOT TO SCALE. 2007=100 408.78 feet; thence S 07°20'19" W, 94.62 feet for the Point of P.T. = POINT OF TANGENT. Beginning: thence continue S 07°20'19" W, 111.92 ftpoint in g g' feet o a p 1 1 0. P. C. = POINT OF CURE. 0 30 60 90 the northeast Right of Way Line of Kingsway Drive; thence N 39'51' 00" W along said Right of. Way Line, 131.28 feet; thence N 48°11' SCALE IN FEET 15" E, 3.38 feet to the Point of Curve of a Curve to the Right having a Radius of 56.00 feet; thence northeasterly along the arc of said FILED FOR RECORD THIS __ __ __DAY OF 2007 IN SURVEYOR'SDODY LAR [PLAT Curve to the Right, 47.21 feet (Chord = N 72'20'18" E, 45.82 feet) BOOK AT PAGE THE OFFICE OF THE CAPE GIRARDEAU ° rM to the Point of Tangent; thence S 83°30'38" E, 52.58 feet to the _ ___-IN RECORDER OF DEEDS IN JACKSON, MISSOURI. SITR ING Point of Beginning. V 1. 2323 PERRYVILLE RD. SUBJECT TO ALL EASEMENTS, RIGHTS 'OF WAY, RESTRICTIONS AND LICENSES ----------------------------- CAPEGIRARDEAU, MO. 63701 JANET ROBERT, RECORDER OF DEEDS AFFECTING SAME, EITHER WRITTEN OR IMPLIED. 573 335-0464 CAPE GIRARDEAU COUNTY, MISSOURI DATE: 07/02/07 .. REVISED: DRAWN BY: TJS