HomeMy WebLinkAboutORD.2563.07-19-1999BILL NO. 99-160
ORDINANCE No.�Q�
AN ORDINANCE AUTHORIZING THE ACQUISITION
OF PROPERTY FOR THE WIDENING OF MT.
AUBURN ROAD BETWEEN INDEPENDENCE AND
WILLIAM STREETS AND IMPROVEMENTS TO THE
INDEPENDENCE STREET AND MT. AUBURN ROAD
INTERSECTION
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 widening of Mt. Auburn Road between Independence and William Streets
and improvements to the Independence Street and Mt. Auburn Road intersection. 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.
follows:
ARTICLE 2. The properties designated for acquisition for this project are as
TRACT 1.
CAPE RETIREMENT COMMUNITY, INC.
GENERAL WARRANTY DEED
THAT PART OF THE SOUTHWEST QUARTER OF OUTLOT 83 OF
U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Begin at the Northeast corner of the intersection of Independence Street and
Mt. Auburn Road; thence along the North right-of-way line of said
Independence Street, South 86°03'19" East, 46.45 feet; thence leaving said
right-of-way, along the arc of a non -tangent curve to the right, having a radius
of 90.00 feet, 74.55 feet (the chord of said arc bears North 35°10'42" West,
72.44 feet), to a point on the East right-of-way line of said Mt. Auburn Road;
thence along said right-of-way, South 04°41'48" West, 56.20 feet, to the place
of beginning and containing 934 square feet, more or less.
TRACT 2.
CAPE RETIREMENT COMMUNITY, INC.
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE SOUTHWEST QUARTER OF OUTLOT 83 OF
U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Commence at the Northeast corner of the intersection of Independence Street
and Mt. Auburn Road; thence along the North right-of-way line of said
Independence Street, South 86003'19" East, 46.45 feet, the point of beginning,
thence leaving said right-of-way, along the arc of a non -tangent curve to the
right, having a radius of 90.00 feet, 74.55 feet (the chord of said arc bears North
35°10'42" West, 72.44 feet), to a point on the East right-of-way line of said Mt.
Auburn Road; thence along said right-of-way, North 04°41'48" East, 10.00 feet;
thence leaving said right-of-way, South 36°04'16" East, 86.44 feet, to a point on
the North right-of-way line of said Independence Street; thence along said
right-of-way, North 86°03'19" West, 10.00 feet, to the place of beginning and
containing 934 square feet, more or less.
TRACT 3.
ZIMMER PROPERTIES, L.L.C.
GENERAL WARRANTY DEED
THAT PART OF THE SOUTHWEST QUARTER OF OUTLOT 83 OF
U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Commence at the Northwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence along said East right of way line, North 04°41'48" East, 67.24 feet, to
the place of beginning;
thence continue North 04°41'48" East, 282.76 feet, to the point of
intersection of said Mt. Auburn Road and Independence Street; thence along
the South right-of-way line of said Independence Street, South 86°03'19"
East, 53.76 feet; thence leaving said right-of-way along the arc of a non -
tangent curve to the left, having a radius of 90.00 feet, 97.40 feet (the chord
of said arc bears South 35042'01"West, 92.72 feet); thence South 04041'48"
West, 204.00 feet; thence North 85°18'12" West, 6.00 feet, to the place of
beginning and containing 2,773 square feet, more or less.
TRACT 4.
ZIMMER PROPERTIES, L.L.C.
PERMANENT EASEMENT
THAT PART OF THE SOUTHWEST QUARTER OF OUTLOT 83 OF
US.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CTIY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Begin at the Northwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence along said East right of way be, North 04°41'48" East, 67.24 feet;
thence leaving said right-of-way line, South 85'18'12" East, 6.00 feet; thence
North 04°41'48" East, 204.00 feet; thence along the arc of a curve to the right,
having a radius of 90.00 feet, 26.93 feet; thence South 04°41'48" West, 297.64
feet, to a point on the North line of said Lot 1; thence North 86003'19" West,
10.00 feet, to a point on said East right-of-way line, the place of beginning and
containing 1,559 square feet, more or less.
TRACT 5.
ZIMMER PROPERTIES, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE SOUTHWEST QUARTER OF OUTLOT 83 OF
U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED AS FOLLOWS:
Begin at the Northwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence leaving said right-of-way line and along the North line of said Lot 1,
South 86003'19" East, 10.00 feet, to the place of beginning; thence leaving said
North line, North 04°41'48" East, 297.64 feet; thence along the arc of a non -
tangent curve to the right having a radius of 90.00 feet, 70.47 feet (the chord of
said arc bears North 44°16'24" East, 68.68 feet), to a point on the South right-
of-way be of Independence Street; thence along said right-of-way line, South
86003'19" East, 10.00 feet; thence leaving said right-of-way line, South
51017'10" West, 60.23 feet; thence South 04041'48" West, 309.18 feet, to a
point on the North line of said Lot 1; thence along said North line, North
86003'19" West, 10.00 feet, to the place of beginning and containing 3,562
square feet, more or less.
TRACT 6.
SHELTER MUTUAL INSURANCE COMPANY
PERMANENT EASEMENT
THAT PART OF THE NORTHWEST QUARTER OF OUTLOT 84 AND
THE SOUTHWEST QUARTER OF OUTLOT 83 OF U.S.P. SURVEY 2199,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Northwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence along said right-of-way line, South 04°41'48" West, 200.00 feet, to the
Southwest corner of said Lot 1; thence leaving said right-of-way line and along
the South line of said Lot 1, South 86003'19" East, 10.00 feet; thence leaving
said South line, North 04°41'48" East, 200.00 feet, to a point on the North line
of said Lot 1; thence along said North be, North 86°03'19" West, 10.00 feet,
to the place of beginning and containing 2,000 square feet, more or less.
TRACT 7.
SHELTER MUTUAL INSURANCE COMPANY
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE NORTHWEST QUARTER OF OUTLOT 84 AND
THE SOUTHWEST QUARTER OF OUTLOT 83 OF U.S.P. SURVEY 2199,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Commence at the Northwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence leaving said right of way line and along the North line of said Lot 1,
South 86°03'19" East, 10.00 feet, to the point of beginning; thence leaving said
North line, South 04°41'48" West, 200.00 feet, to a point on the South line of
said Lot 1; thence along the South line of said Lot 1, South 86°03'19" East,
10.00 feet; thence leaving said South line, North 04°41'48" East, 200.00 feet, to
a point on the North line of said Lot 1; thence along said North line, North
86003'19" West, 10.00 feet, to the place of beginning and containing 2,000
square feet, more or less.
TRACT 8.
ST. FRANCIS MEDICAL CENTER
PERMANENT EASEMENT
THAT PART OF THE WEST HALF OF OUTLOT 84 OF U.S.P. SURVEY
2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Southwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence along said right-of-way line, South 04°41'48" West, 1330.97 feet, to the
Northeast corner of the intersection of said Mt. Auburn Road and Gordonville
Road; thence along the North right-of-way line of said Gordonville Road,
South 70044'59" East, 10.33 feet; thence leaving said right-of-way line, North
04041'48" East, 1333.70 feet, to a point on the South line of said Lot 1; thence
along said South line, North 86003'19" West, 10.00 feet, to the place of
beginning and containing 13,323 square feet, more or less.
TRACT 9.
ST. FRANCIS MEDICAL CENTER
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE WEST HALF OF OUTLOT 84 OF U.S.P. SURVEY
2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY
OF CAPE GMARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Commence at the Southwest corner of Lot 1 of Girardeau Community Park as
recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau
County, being a point on the East right-of-way line of Mt. Auburn Road;
thence South 86°03'19" East, 10.00 feet, to the point of beginning; thence
South 04°41'48" West, 1333.70 feet, to a point on the North right-of-way line
of Gordonville Road; thence along the North right-of-way line of said
Gordonville Road, South 7004459" East, 10.33 feet; thence leaving said right-
of-way line, North 04°41'48" East, 138.07 feet; thence South 85°18'12" East,
15.00 feet; thence North 04°41'48" East, 70.00 feet; thence North 85'18'12"
West, 15.00 feet; thence North 04041'48"East, 494.02 feet; thence North
34041'48" East, 110.00 feet; thence North 04041'48" East, 145.00 feet; thence
North 40018'12" West, 77.78 feet; thence North 04041'48" East, 128.35 feet;
thence South 85018'12" East, 85.00 feet; thence North 04041'48" East, 76.00
feet; thence North 85°18'12" West, 85.00 feet; thence North 04°41'48" East,
134.73 feet, to a point on the South line of said Lot 1; thence along said South
line, North 86°03'19" West, 10.00 feet, to the place of beginning and containing
32,968 square feet, more or less.
TRACT 10.
DRURY PROPERTIES, INC.
GENERAL WARRANTY DEED
THAT PART OF THE WEST HALF OF OUTLOT 84 OF US.P. SURVEY
2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Southeast corner of the intersection of Mt. Auburn Road and
Gordonville Road; thence along said Gordonville Road right-of-way, South
70°44'59" East, 28.44 feet; thence leaving said right of way line along the arc of
a non -tangent curve to the left, having a radius of 22.00 feet, 40.15 feet, (the
chord of said arc bears South 56058'25"West, 34.80 feet), to a point on the East
right-of-way line of said Mt. Auburn Road; thence North 04°41'48" East, 28.44
feet, to the place of beginning and containing 184 square feet, more or less.
TRACT 11.
DRURY PROPERTIES, INC.
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE WEST HALF OF OUTLOT 84 OF U S.P. SURVEY
2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Commence at the Southeast corner of the intersection of Mt. Auburn Road and
Gordonville Road; thence along said Gordonville Road right-of-way, South
70°44'59" East, 28.44 feet, to the place of beginning; thence continue along said
right-of-way, South 70°44'59"East, 26.56 feet; thence leaving said right-of-way,
South 19°15'01"West, 10.00 feet; thence North 70°44'59" West, 45.00 feet;
thence along the arc of a non -tangent curve to the right, having a radius of
22.00 feet, 21.87 feet, (the chord of said arc bears North 80°4641" East, 20.98
feet), to the place of beginning and containing 396 square feet, more or less.
TRACT 12.
DSW DEVELOPMENT CORPORATION
GENERAL WARRANTY DEED
THAT PART OF THE EAST HALF OF U.S.P. SURVEY NO. 3090,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Southwest corner of the intersection of Susan Lynn Drive and Mt.
Auburn Road; thence along the West right-of-way line of said Mt. Auburn
Road, South 04°41'48" West, 488.54 feet; thence leaving said right-of-way line,
North 85018'12"West, 7.00 feet; thence North 04041'48" East, 124.67 feet;
thence along the arc of a curve to the left, having a radius of 105.00 feet, 120.11
feet; thence North 86003'19" West, 54.72 feet; thence North 0305641" East,
80.00 feet; thence South 86103'19" East, 57.26 feet; thence along the arc of a
non -tangent curve to the left, having a radius of 105.00 feet, 117.36 feet (the
chord of said arc bears North 36042'59" East, 111.34 feet); thence North
04°41'48" East, 93.86 feet, to a point on the South right-of-way line of said
Susan Lynn Drive; thence along said right-of-way line, South 85'18'12" East,
8.00 feet, to the point of beginning and containing 16,186 square feet, more or
less.
TRACT 13.
DSW DEVELOPMENT CORPORATION
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE EAST HALF OF U.S.P. SURVEY NO 3090,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Commence at the Southwest corner of the intersection of Susan Lynn Drive
and Mt. Auburn Road, thence along the West right-of-way line of said Mt.
Auburn Road, South 04041'48" West, 488.54 feet; thence leaving said right-of-
way fine, North 85118'12"West, 7.00 feet, to the place of beginning; thence
continue North 85°18'12" West, 100.00 feet; thence North 04°41'48" East,
219.74 feet; thence South 86103'19" East, 38.47 feet; thence along the arc of a
non -tangent curve to the right, having a radius of 105.00 feet, 120.11 feet (the
chord of said arc bears South 28104'30" East, 113.67 feet); thence South
04041'48" West, 124.67 feet, to the place of beginning and containing 20,363
square feet, more or less.
ALSO THAT PART OF THE EAST HALF OF US.P. SURVEY NO 3090,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Commence at the Southwest corner of the intersection of Susan Lynn Drive
and Mt. Auburn Road; thence leaving said right-of-way line and along the South
right-of-way line of said Susan Lynn Drive, North 85'18'12" West, 8.00 feet, to
the point of beginning; thence continue along said South right-of-way line,
North 85018'12" West, 25.00 feet; thence leaving said right-of-way line, South
04041'48" West, 93.86 feet; thence along the arc of a curve to the right, having a
radius of 80.00 feet, 84.18 feet; thence North 86°03'19" West, 51.27 feet;
thence South 03°5641" West, 25.00 feet; thence South 86003'19" East, 57.26
feet; thence along the arc of a non -tangent curve to the left, having a radius of
105.00 feet, 117.36 feet (the chord of said arc bears North 36°4259" East,
111.34 feet; thence North 04°41'48" East, 93.86 feet, to the place of beginning
and containing 6,223 square feet, more or less.
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 or construction of a public road.
ARTICLE 4. This ordinance shall be in full force and effect ten days after its
passage and approval.
PASSED AND APPROVED THIS
'1999.