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HomeMy WebLinkAboutOrd.5463.10-18-2021 BILL NO. 21-151 ORDINANCE NO. 5 �� AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE TEMPORARY CONSTRUCTION EASEMENTS, A PERMANENT DRAINAGE EASEMENT, AND A SPECIAL WARRANTY DEED TO THE MISSOURI DEPARTMENT OF TRANSPORTATION, FOR A PROJECT ON MISSOURI HIGHWAY 177, 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 City of Cape Girardeau, Missouri, hereby authorizes the Mayor to execute temporary construction easements, a permanent drainage easement, and a special warranty deed to the Missouri Department of Transportation, for property located at Highway 177, described as follows: Tract 7 - Temporary Construction Easement That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows : Beginning at a point 152. 90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70 .00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25. 00; thence Northerly to a point 103 . 91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25 . 00, said point lying on the existing Rte . 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0 . 02 acre, more or less . Upon completion and final acceptance of the project, the temporary easement rights in the last described tract shall cease and be no longer in effect, but no later than January 31, 2023 . The Route 177 surveyed centerline from Station 614+10 . 00 to Station 652+65 . 00 is described as follows : Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19°35' 44"W a distance of 3, 983 . 77 feet to the Rte. 177 surveyed centerline Station 614+10 . 00 also being the Point of Beginning; thence S57°00 ' 18"W a distance of 576. 54 feet to TS Station 619+86. 54; thence along a spiral curve to the right for a distance of 199. 00 feet to SC Station 621+85 . 54, said curve having an X distance of 198 . 85 feet along the main tangent and a Y distance of 5 .76 feet offset from the main tangent; thence along the arc of a 4°59' 58 . 7" curve to the right a distance of 630. 11 feet to CS Station 628+15 . 65, said curve having a radius of 1, 146. 00 feet and a deflection angle of 41°27' 08 . 8"; thence along a spiral curve to the right for a distance of 199. 00 feet to ST Station 630+14 . 65, said curve having an X distance of 198 . 85 feet along the main tangent and a Y distance of 5 . 76 feet offset from the main tangent; thence N81°32 ' 33"W a distance of 908 . 07 feet to PC Station 639+22 . 72; thence along the arc of a 0°15' 00 . 0" curve to the right a distance of 456. 64 feet to PT Station 643+79.37, said curve having a radius of 22, 918 .00 feet and a deflection angle of 1°08' 29. 9"; thence N80°24' 03"W a distance of 266. 78 feet to PC Station 646+46 . 15; thence along the arc of a 1°59' 59. 5" curve to the left a distance of 1, 467 . 04 feet to PT Station 661+13 . 19, said curve having a radius of 2, 865 . 00 feet and a deflection angle of 29°20' 19 . 4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882 . Tract 16 - Special Warranty Deed, Permanent Drainage Easement, & Temporary Construction Easement Also as shown on Exhibit A A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter-described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at Station 641+25. 00 on the surveyed centerline; thence Southerly to a point 90 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25 . 00; thence Westerly to a point 85 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25 . 00; thence Northwesterly to a point 65 . 19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85 . 00; thence Northerly to a point on the hereinafter-described Rte. 177 surveyed centerline Station 642+85 . 00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0 . 02 acre of grantors land, more or less . Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter- described Rte. 177 surveyed centerline, to wit : All the land of said grantor lying within the following described tract: Beginning at a point 65 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35 . 00; thence Southerly to a point 160 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35. 00; thence Northwesterly to a point 130. 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85. 00; thence Northerly to a point 65 . 41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85 . 00; thence Easterly to the point of beginning. The above described permanent easement contains 0 . 03 acre, more or less . The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission' s right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure . Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter-described Rte. 177 surveyed centerline, to wit: Beginning at a point 65 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65 . 00; thence Southerly to a point 100 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65 . 00; thence Westerly to a point 100 . 00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25 . 00; thence Northerly to a point 65 .00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25 . 00; thence Easterly to the point of beginning. The above described temporary easement contains 0 . 05 acre, more or less . The grantee' s interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10 . 00 to Station 652+65 . 00 is described as follows : Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19°35' 44"W a distance of 3, 983 . 77 feet to the Rte . 177 surveyed centerline Station 614+10 . 00 also being the Point of Beginning; thence S57°00 ' 18"W a distance of 576. 54 feet to TS Station 619+86. 54; thence along a spiral curve to the right for a distance of 199. 00 feet to SC Station 621+85 . 54, said curve having an X distance of 198 . 85 feet along the main tangent and a Y distance of 5 . 76 feet offset from the main tangent; thence along the arc of a 4°59' 58 . 7" curve to the right a distance of 630. 11 feet to CS Station 628+15 . 65, said curve having a radius of 1, 146. 00 feet and a deflection angle of 41°27' 08 . 8"; thence along a spiral curve to the right for a distance of 199. 00 feet to ST Station 630+14 . 65, said curve having an X distance of 198 . 85 feet along the main tangent and a Y distance of 5 .76 feet offset from the main tangent; thence N81°32 ' 33"W a distance of 908 . 07 feet to PC Station 639+22 .72; thence along the arc of a 0°15' 00 . 0" curve to the right a distance of 456 . 64 feet to PT Station 643+79. 37, said curve having a radius of 22, 918 . 00 feet and a deflection angle of 1°08' 29. 9"; thence N80°24' 03"W a distance of 266. 78 feet to PC Station 646+46. 15; thence along the arc of a 1°59' 59. 5" curve to the left a distance of 1, 467 . 04 feet to PT Station 661+13 . 19, said curve having a radius of 2, 865 . 00 feet and a deflection angle of 29°20' 19. 4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487 . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS /g-4 DA OF d)(16b /�'- � , 2021 . 1) ' /C._,„-/-------- (,/i Robert G. ox, Mayor ATTEST: c_ i, __ // _ Ge Via• ,.. truce Ta710 , Deputy City Clerk4, 10 (V siltAt mi f. .( risl.i.:•,,I_ w; iiii UNION 41'fr'= ROUTE 177 COUNTY Cape Girardeau PROJECT J9S3452 PARCEL 07 and 16 CERTIFICATE I hereby certify that the following is a true and correct copy of an excerpt from the minutes of the meeting of the City Council of The City of Cape Girardeau, Missouri, a municipal corporation, held on the day of 2021 : "WHEREAS, the Missouri Highways and Transportation Commission of Jefferson City, Missouri, desires to purchase from The City of Cape Girardeau, Missouri, a municipal corporation, property rights owned by the said city, for the improvement of State Route 177, Project J9S3452, in Cape Girardeau County, Missouri for the sum of One and No/100 DOLLARS ($1.00) and other good and valuable consideration, said property and property rights more particularly described as follows, to-wit: Tract 7 Description That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, saidpoint lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte.177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document#600- 47933; thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57°00'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with theCape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. Tract 16 description: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter-described Rte. 177 surveyed centerline, to wit: All the land of said granter lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter-described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter-described Rte. 177 surveyed centerline, to wit:All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter-described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document#600-47933; thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57°00'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. WHEREAS, it is the desire of The City of Cape Girardeau, Missouri, a municipal corporation, to sell the above described property and property rights to the Missouri Highways and Transportation Commission; THEREFORE, BE IT HEREBY RESOLVED, The City of Cape Girardeau, Missouri, a municipal corporation, of the County of Cape Girardeau, State of Missouri sell to the Missouri Highways and Transportation Commission the above described property rights, and the Mayor of The City of Cape Girardeau, Missouri, a municipal corporation, Robert G. Fox, aka Bob Fox is hereby authorized and directed to execute a Special Warranty Deed and a Temporary Easement for Highway Purposes for and on behalf of the said City. APPROVED: The City of Cape Girardeau, Missouri, a municipal corporation By: Gayle L. Conrad, City Clerk CCO FORM: RW52 COUNTY: Cape Girardeau Approved: 04/10 (AR) ROUTE: 177 Revised: 06/21 (BDG) PROJECT: J9S3452 Modified: FED. PROJECT: N/A PARCEL: 16 SPECIAL WARRANTY DEED (1) PARTIES: THIS AGREEMENT, made this day of , 2021, by and between The City of Cape Girardeau, Missouri, a municipal corporation, (hereinafter, "Grantor"), of the County of Cape Girardeau, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, (hereinafter, "Grantee"). GRANTOR'S ADDRESS: 401 Independence, Cape Girardeau, MO 63701 GRANTEE'S ADDRESS: 2675 N. Main St., Sikeston, MO 63801 (2) CONSIDERATION: Grantor, in consideration of the sum of One and NO/100 DOLLARS ($1.00) and other good and valuable consideration, to be paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm to the Grantee fee simple title in the property described in this deed. (3) PROPERTY DESCRIPTION: Grantor conveys to the Grantee the real estate and interests in real estate in the County of Cape Girardeau, State of Missouri, and described as follows: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri ,being more particularly described in the attached Exhibit A. (4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to the Grantor, its successors and assigns forever. (5) SPECIAL WARRANTY: The Grantor hereby covenants that it is lawfully seized of an indefeasible estate in fee in the premises hereby conveyed. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it, and will warrant and defend the title to said premises unto the Grantee, and unto its successors and assigns, forever, against the lawful claims and demands of all persons claiming by, through or under the Grantor, but none other. (6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corporation By: Robert G. Fox a/k/a Bob Fox, Mayor ACKNOWLEDGMENT BY CITY STATE OF ) ) ss COUNTY OF ) On this day of , 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public 2 CCO FORM: RW24 COUNTY: Cape Girardeau Approved: 06/96 (RMH) ROUTE: 177 Revised: 01/19 (TP) PROJECT: J9S3452 Modified: FED. PROJECT: PARCEL: 07 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TEMPORARY EASEMENT FOR HIGHWAY PURPOSES THIS INDENTURE, made this day of , 2021, by and between The City of Cape Girardeau, Missouri, a municipal corporation, of the County of Cape Girardeau, and State of, Missouri, 401 Independence Street, Cape Girardeau, MO 63701, (grantor) and the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, 105 W. Capitol Avenue, Jefferson City, MO 65102, (grantee) WITNESSETH, that the said grantor, in consideration of the sum of One dollar and No/100 ($1.00) and other good and valuable consideration, to be paid by the said grantee, the receipt of which is hereby acknowledged, does by these presents remise, release and quitclaim unto said grantee, the following described temporary easement in real estate in the County of Cape Girardeau, State of Missouri, to wit: That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, said point lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: 1 Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document#600- 47933; thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57°00'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. TO HAVE AND TO HOLD the same, with all rights, privileges, appurtenances, and immunities thereto belonging or in anywise appertaining, unto said grantee, its successors and assigns; the said grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises from which temporary easement is herein conveyed; that it has good right to convey the same. IN WITNESS WHEREOF, the said grantor has executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corporation By: Robert G. Fox a/k/a Bob Fox, Mayor 2 ACKNOWLEDGMENT BY CITY STATE OF ) ) ss COUNTY OF ) On this day of , 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: 3 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21,Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter-described Rte.177 surveyed centerline,to wit:All the land of said grantor lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter-described Rte.177 surveyed centerline Station 642+85.00;thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also,a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21,Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter-described Rte. 177 surveyed centerline,to wit:All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00;thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte.177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00;thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00;thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land,the extra land being included for men and machinery to work and turn on.After completion of construction and acceptance of the project, the owners of said land may fence,and shall have the free and uninterrupted possession and use of said tract; subjectonly to the Missouri Highways and Transportation Commission's right, if it should so elect,to enter thereon from time to time for the purpose of maintaining said drainage structure. Title (name or identification of project) County ._. J9S3452, Rte.177,Tr.16 Cape Girardeau ```' OF Wet f' City '(if applicable) State �`��;.,,,'•, SlS`��i Cape Girardeau MO �Q,•' Date Prepared Sheet ` :JESSIE BENJAMIN' Licensee Name .* (sole proprietor,partnership,corporation, LW,or government) of - PHILPOT - Missouri Department of Transportation Professional Surveyor Name (print) o'•. NUMBER p M DOT 105 West Capital Jessie Benjamin Philpot fi•PLS-2007000083• ,ct. Jefferson City, Missouri 65102 Discipline :J'S . 888 ASK MODOT (888)275-6636 Professional Land Surveyor - ''D/ `' � 5t License or Certificate of Authority No. Ili/ MO# 2007000083 Professional Surveyor (Signature) Date Only the following legal ipon ,.— contained in this"EXHIBIT" HIBITIBIT"iss ) 7/70 2 a 11 authenticated by this seal. t MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Also,a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21,Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter-described Rte. 177 surveyed centerline,to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00;thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte.177 surveyed centerline Station 646+25.00;thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00;thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No.J953452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16,21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian,said corner described by JK Russell, MO PLS 1927 in MLS Document#600-47933;thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57°00'18"W a distance of 576.54 feet to TS Station 619+86.54;thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54,said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent;thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65,said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65,said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent;thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72;thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37,said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9";thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15;thence along the arc of a 1°59'59.5" curve to the left a distance of 1,467.04 feet to PT Title (name or identification of project) County is]r fir, 1953452, Rte. 177,Tr.16 Cape Girardeau • .`�%���F,,,cst City (if applicable) State �Q,•'• ®� �G:" Cape Girardeau MO ,*:JESSIE BENJAMIN"- Date Prepared Sheet _ PHILPOT - Licensee Name - proprietor,partnership,corporation, ti or government) of z _ NUMBER - '' (solep p P p. P —p - C : Missouri Department of Transportation Professional Surveyor Name (print) LS-2007000083:,y oo-r 105 West Capital Jessie Benjamin Philpot • %;o,••, ` Jefferson City, Missouri 65102 Discipline '•,0A;•, LANA; 888 ASK MODOT (888)275-6636 Professional Land Surveyor ''i r, .� 1.1 -t•°' License or Certificate of Authority No. MO# 2007000083 Professional S e or Si.nature Date ' t 1 Only the following legal description contained in this"EXHIBIT"is ` kikt-1,7‘. / `-•' -- Y dV3e, i Litt authenticated by this seal. { MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Station 661+13.19,said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. Title (name or identification of project) County gtrr" . t r i r i r r r r r r, J953452, Rte. 177,Tr. 16 Cape Girardeau ti?. �`� OF M/s; 'r,r`` City (if applicable) State `.`Q�•• ' a". ,(.` Cape Girardeau MO co.• • - Date Prepared Sheet Z •JESSIE BENJAMIN--" Licensee Name of E*:: PHILPOT = ' (sole proprietor,partnership,corporation, LLC,or government) = - 70: NUMBER Missouri Department of Transportation Professional Surveyor Name (print) :.90.-PLS-2007000083= M DOT 105 West Capital Jessie Benjamin Philpot "..- •. ��.— J ; r Jefferson City, Missouri 65102 Discipline Professional Land Surveyor �. `�s/��;qL LOO 00 888 ASK MODOT (888)275-6636 '• rrriru3- License or Certificate of Authority No. MO# 2007000083 Professional urveyor (Signature) Date ,�` Only the following legal description 7,--A.,./t 4-7:101,N.-.. 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PROJECT: N/A PARCEL: 16 SPECIAL WARRANTY DEED /� 1n I� (1) PARTIES: THIS AGREEMENT, made this I/ day of Qc—bj �, 2021 by and between The City of Cape Girardeau, Missouri, a municipal corporation, (hereinafter, "Grantor"), of the County of Cape Girardeau, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, (hereinafter, "Grantee"). GRANTOR'S ADDRESS: 401 Independence, Cape Girardeau, MO 63701 GRANTEE'S ADDRESS: 2675 N. Main St., Sikeston, MO 63801 (2) CONSIDERATION: Grantor, in consideration of the sum of One and NO/100 DOLLARS ($1.00) and other good and valuable consideration, to be paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm to the Grantee fee simple title in the property described in this deed. (3) PROPERTY DESCRIPTION: Grantor conveys to the Grantee the real estate and interests in real estate in the County of Cape Girardeau, State of Missouri, and described as follows: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri ,being more particularly described in the attached Exhibit A. (4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to the Grantor, its successors and assigns forever. (5) SPECIAL WARRANTY: The Grantor hereby covenants that it is lawfully seized of an indefeasible estate in fee in the premises hereby conveyed. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it, and will warrant and defend the title to said premises unto the Grantee, and unto its successors and assigns, forever, against the lawful claims and demands of all persons claiming by, through or under the Grantor, but none other. (6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corpora ion By: Robe G. ox a/k/a Bob Fox, Mayor ACKNOWLEDGMENT BY CITY STATE OF COUNTY OF ss On this µday of _O " 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Pu AMANDA MCK / Notary Publicis -NotaryrV Seal L/ STATE OF MISSOURI Cape Girardeau County 2 My Commission Expires March 3, 2022 Commission #14588193 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement forthe construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130,00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Title name oridentification of ro'ect CountyYr,r•. Fr M/ �'",� �Q ' �'� "0'C9 Z �:kSSIE BENJAMIN-. C't' PHILPOT -p : — .;a .%. NUMBER : p: "PLS -2007000083.' S "' ,e vq I �AftO 5,5 J9S3452, Rte. 177, Tr. 16 Cape Girardeau Cit if a licableState Cape Girardeau MO Date Prepared Sheet Licensee Name (sole proprietor, partnership, corporation, LLC, or government). of Missouri Department ofTransportation Moor 105 West Capital Jefferson City, Missouri 65102 888 ASK MODOT (888) 275-6636 Professional Surveyor Name tint Jessie Benjamin Philpot Disci line professional Land Surveyor License or Certificate of Authoril No. MO # 12007000083 Professional Surveyor Signature I Date . J fl p Z. 0 2 Only the following legal description contained in this "EXHIBIT" is authenticated by this seal. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No.19S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57"00'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4059'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41"27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0015'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1"59'59.5" curve to the left a distance of 1,467.04 feet to PT m Title name or identification ofproject) Count '_"`' "IMSS., �Q,•'• '—� . "• �(� ; �:JESSIE BENJAMIN'.---- ENJAMIN.''Date =*' PHILPOT -'k= -O - - = %� NUMBER o --v% PLS -2007000003,: ';SSj'• "� ,•'�QJ: �'P,NAL LANA 5 ' J9S3452, Rte. 177, Tr. 16 Cape Girardeau City (if applicable) State Cape Girardeau MO DatePrepared. Sheet Licensee Name (sole proprietor, partnership, corporation, .LLC, or government) of Missouri Department of Transportation M oor 105 West Capital Jefferson City, Missouri 65102 888 ASK MODOT (888) 275-6636 Professional Surveyor Name tint Jessie Benjamin Philpot Discipline Professional Land Surveyor License or Certificate of Authority No. MO # 2007000083 Professional S (Signature) Date- 9yeyor fJ� ,! / ,�� y.___-'- 342-0 L Only the following legal description contained in this "EXHIBIT"is authenticated by this seal. 11,1111'5' MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. Title name or identification of ro'ect Count " r r n i i i r r r _ ; ��� OF M/$S 1953452, Rte. 177, Tr. 16 Cape Girardeau •. L Cit (if applicable) State Cape Girardeau MO z •JESSIE BENJAMIN--" PHILPOT -' Date Prepared Sheet Licensee Nameof (sole proprietor, partnership, corporation, LLC, or government) — • C NUMBER , Missouri Department of Transportation Professional surveyor Name ring.pLS-2007000083, Jessie Benjamin Philpot M ooT 105 West Capital Jefferson City, Missouri 65102 '�,si ' JQ �' tgl Discipline Professional Land Surveyor 888 ASK MODOT (888) 275-6636 r LANO License or Certificate of Authority No. MO # 12007000083 Professional urve or Sinatare Date _ Only the following legal description - contained in this "EXHIBIT" is i Z authenticated by this seal. r