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HomeMy WebLinkAboutORD.2565.08-02-1999.• BILL NO. 99-162 ORDINANCE NO. d5 p� AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE EXTENSION OF HOPPER ROAD BETWEEN MT. AUBURN AND KAGE ROADS 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 extension of Hopper Road between Mt. Auburn and Kage Roads. 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. THOMAS AND KAREN MOGELNICKI TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the northerly most corner of lot 78 of Clarkton Place Subdivision Phase 3 as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 43, Thence along the west line of said lot, S 36°16'34" W, 55.00 feet; Thence leaving said west line, N 88°04'59" E, 46.52 feet to a point on the east line of said lot; Thence along said east line, N 18°03'27" W, 45.00 feet to the point of beginning, containing 0.02 acres more or less. (1,005.38 square feet) �0 TRACT 2. ROBERT L. DODSON, RENEE DODSON, AND NANCY DUSCHELL TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the centerline of Kage Road, N 00°07'32" E, 188.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said centerline, S 89052'28" E, 45.00 feet; Thence S 70°12'30" E, 97.17 feet; Thence S 71°05'56" E, 246.96 feet to a point on the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 424 at page no. 502; Thence along said east line, S 00°00'00" W, 50.20 feet; Thence leaving said west line N 85°42'39" W, 16.01 feet to the beginning of a curve concave to the southwest, having a central angle of 04°17'21" and a radius of 1430.00 feet; Thence along said curve in a northerly and westerly direction 107.05 feet; Thence N 90000'00" W, 197.46 feet to the beginning of a curve concave to the northeast, having a central angle of 90°07'32" and a radius of 20.00 feet; Thence along said curve in a westerly and northerly direction 31.46 feet; Thence N 00°07'32" E, 127.89 feet; Thence N 89°52'28" W, 30.00 feet to the centerline of Kage Road; Thence along said centerline, N 00°07'32" E, 10.00 feet to the point of beginning, containing 0.82 acres more or less. (35,618.57 square feet) TRACT 3. ROBERT L. DODSON, RENEE DODSON, AND NANCY DUSCHELL GENERAL WARRANTY DEED A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GI ARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the centerline of Kage Road, N 00°07'32" E, 178.00 feet; Thence leaving said centerline, S 89052'28" E, 30.00 feet; Thence S 00°07'32" W, 127.89 feet to the beginning of a curve concave to the northeast, having a central angle of 90°07'32" and a radius of 20.00 feet; Thence along said curve in a southerly and easterly direction 31.46 feet; Thence S 90°00'00" E, 197.46 feet to a curve concave to the southwest, having a central angle of 04°17'21" and a radius of 1430.00 feet; Thence along said curve in an easterly and southerly direction 107.05 feet; Thence S 85°42'39" E, 16.01 feet to a point on the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 424 at page no. 502; Thence along said east he, S 00°00'00" W, 24.80 feet to a point on the south line of said section 26; Thence along said south line, N 90°00'00" W, 370.49 feet to the point of beginning, containing 0.35 acres more or less. (15,422.72 square feet) TRACT 4. ROBERT L. DODSON AND RENEE DODSON PERMANENT DRAINAGE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 370.49 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 421 at page no. 842; Thence leaving said section line and along the west line of said tract, N 00°00'00" E, 24.80 feet; Thence leaving said west line, S 85°42'39" E, 218.45 feet to the TRUE POINT OF BEGINNING; Thence N 04°17'21" E, 30.00 feet; Thence S 85°42'39" E, 30.00 feet; Thence S 04017'21" W, 30.00 feet; Thence N 85°42'39" W, 30.00 feet to the point of beginning, containing 0.02 acres more or less. (900.00 square feet) TRACT 5. ROBERT L. DODSON AND RENEE DODSON PERMANENT DRAINAGE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 1018.31 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south line, S 90000'00" E, 15.00 feet; Thence leaving said south line, N 00000'00" E, 40.00 feet; Thence N 90°00'00" W, 15.00 feet; Thence S 00°00'00" W, 40.00 feet to the point of beginning, containing 0.01 acres more or less. (600.00 square feet) TRACT 6. ROBERT L. DODSON AND RENEE DODSON TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 370.49 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 421 at page no. 842; Thence leaving said section line and along the west line of said tract, N 00°00'00" E, 24.80 feet to the TRUE POINT OF BEGINNING; Thence continuing along said west line N 00°00'00" E, 50.20 feet; Thence leaving said west line, S 67°33'40" E, 128.61 feet; Thence N 82°58'45" E, 101.98 feet; Thence S 85°42'39" E, 30.00 feet; Thence S 83°04'50" E, 216.91 feet; Thence N 80039'54" E, 184.95 feet; Thence S 90°00'00" E, 15.00 feet; Thence S 73°41'10" E, 106.80 feet; Thence N 66°34'17" E, 163.48 feet; Thence S 89°59'24" E, 68.15 feet to a point on the west line of Summit Estates Second Subdivision as recorded in plat book no. 16 at page no. 97A; Thence along said west line S 00052'00" E, 75.00 feet to a point on the south line of said section 26; Thence along said section line, N 90000'00" W, 602.67 feet to the beginning of a curve concave to the northeast, having a central angle of 04°17'21" and a radius of 1370.00 feet; Thence leaving said section line and along said curve in a northwesterly direction 102.56 feet; Thence N 85042'39" W, 280.26 feet to the point of beginning, containing 0.70 acres more or less. (30,453.51 square feet) TRACT 7. ROBERT L. DODSON AND RENEE DODSON GENERAL WARRANTY DEED A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 370.49 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 421 at page no. 842, said point being the TRUE POINT OF BEGINNING; Thence continuing along said section line S 90°00'00" E, 381.94 feet to the point of cusp with a curve concave to the northeast, having a central angle of 04'17'21" and a radius of 1370.00 feet, from which point a radial line bears N 00°00'00" E; Thence leaving said section line and along said curve in a northwesterly direction 102.56 feet; Thence N 85°42'39" W, 280.26 feet to the west line of said tract; Thence along said west line, S 00°00'00" W, 24.80 feet to the point of beginning, containing 0.09 acres more or less. (4,132.34 square feet) TRACT 8. DAVID L. KAELIN AND ANGELA K. KAELIN PERMANENT SLOPE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 1355.10 feet to the southwest corner of Summit Estates Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 97A, said point being the TRUE POINT OF BEGINNING; Thence leaving said south line and along the west line of said subdivision, N 00052'00" W, 75.00 feet; Thence leaving said west line, S 81°05'53" E, 32.23 feet; Thence S 72°44'05" E, 134.52 feet to a point on the east line of lot 4 of said subdivision; Thence along said east line, S 41°14'46" W, 40.00 feet to the south line of said section 26; Thence along said south line, N 90°00'00" W, 132.80 feet to the point of beginning, containing 0.19 acres more or less. (8297.23 square feet) TRACT 9. REGINALD D. GIPSON AND NANCY E. GIPSON PERMANENT DRAINAGE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 1606.81 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, N 00°00'00" E, 15.00 feet; Thence S 90°00'00" E, 15.00 feet; Thence S 00°00'00" W, 15.00 feet to a point on said south line; Thence along said south line, N 90°00'00" W, 15.00 feet to the point of beginning, containing 0.005 acres more or less. (225.00 square feet) TRACT 10. REGINALD D. GIPSON AND NANCY E. GIPSON TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 1487.90 feet to the southwest corner of lot no. 3 of Summit Estates Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 97A, said point being the TRUE POINT OF BEGINNING; Thence leaving said south line and along the west line of said lot, N 41°14'46" E, 40.00 feet; Thence leaving said west line, S 89'57'19" E, 96.54 feet; Thence S 8603719" E, 172.67 feet to a point on the east line of said lot no. 3; Thence along said east line, S 07°34'05" W, 20.00 feet to the south he of said section 26; Thence along said section line N 90°00'00" W, 292.65 feet to the point of beginning, containing 0.17 acres more or less. (7,564.60 square feet) TRACT 11. EDWARD R THOMPSON AND MARSHA THOMPSON TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads, Thence along the south line of said section 26, S 90°00'00" E, 1780.55 feet to the southwest corner of lot no. 2 of Summit Estates Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 97A, said point being the TRUE POINT OF BEGINNING; Thence leaving said south line and along the west line of said lot, N 07034'05" E, 20.00 feet; Thence leaving said west line, S 85°05'42" E, 231.87 feet to the southwest corner of said lot no. 2, said point being on the south be of said section 26; Thence along said south line, N 90000'00" W, 233.65 feet to the point of beginning, containing 0.05 acres more or less. (2,316.17 square feet) TRACT 12. KENNETH W. RETTER AND KAREN J. RETTER PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GI ARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 973 at page 751, Thence along the north line of said tract N 90°00'00" W, 9.68 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north line, N 90°00'00" W, 60.82 feet; Thence leaving said north line, S 0401721" W, 53.60 feet; Thence S 85059'27" E, 61.81 feet; Thence N 03008'07" E, 57.86 feet to the point of beginning, containing 0.08 acres more or less. (3,413.11 square feet) TRACT 13. KENNETH W. AND KAREN J. RETTER TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 973 at page 751, Thence along the north line of said tract N 90c'00'00" W, 384.37 feet to the northwest corner of said tract; Thence along the west line of said tract, S 00° 10' 06" E, 20.00 feet; Thence leaving said west line, N 85° 44'03" E, 234.04 feet; Thence S 56° 21' 11" E, 91.79 feet; Thence S 85° 59' 27" E, 61.81 feet; Thence N 85° 11' 49" E, 49.79 feet to a point on the east line of said tract; Thence along said east line, N 34° 27'00" W, 65.00 feet to the point of beginning, containing 0.23 acres more or less. (9,984.26 square feet) TRACT 14. BERNICE HUNZE PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the west line of said lot, N 00048'04" W, 222.18 feet; Thence leaving said west line, N 48°55'32" W, 19.97 feet; Thence N 33009'50" W, 198.55 feet; Thence N 38°44'55" W, 184.37 feet; Thence N 15°45'27" E, 31.53 to the TRUE POINT OF BEGINNING; Thence S 78°40'01" W, 84.11 feet to the beginning of a non -tangent curve concave to the southwest, having a central angle of 01°10'49" and a radius of 930.00 feet, from which point a radial line bears S 40°47'37" W; Thence along said curve in a northwesterly direction 19.16 feet; Thence N 78°40'01" E, 96.02 feet; Thence S 11019'59" E, 15.00 feet to the point of beginning, containing 0.03 acres more or less. (1,350.31 square feet) TRACT 15. BERNICE HUNZE PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the west line of said lot, N 00048'04" W, 69.41 feet; Thence leaving said west line, N 46°47'46" W, 139.77 feet; Thence N 40°20'50" W, 202.65 feet; Thence N 35028'05" W, 143.19 feet; Thence N 62010'46" W, 155.21 feet to the TRUE POINT OF BEGINNING; Thence N 82'35'12" E, 91.95 feet to the beginning of a non -tangent curve concave to the southwest, having a central angle of 01°21'15" and a radius of 870.00 feet, from which point a radial line bears S 40°06'22" W; Thence along said curve in a northwesterly direction 20.56 feet; Thence S 82'35'12" W, 77.88 feet; Thence S 07024'48" E, 15.00 feet to the point of beginning, containing 0.03 acres more or less. (1,274.58 square feet) TRACT 16. BERNICE HUNZE PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the south line of said lot, N 89°43'50" E, 251.80 feet; Thence leaving said south line S 12'10'18" W, 19.86 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 01°54'02" and a radius of 602.96 feet, from which point a radial line bears N 13'07'19 " E, said point being the TRUE POINT OF BEGINNING; Thence along said curve in a southeasterly direction, 20.00 feet; Thence S 12°10'18" W, 50.08 feet, Thence N 77°49'42" W, 20.00 feet; Thence N 12°10'18" E, 50.08 feet to the point of beginning, containing 0.02 acres more or less. (1,000.55 square feet) TRACT 17. BERNICE HUNZE TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81, said point being on the north line of section 35; Thence along said north line S 90°00'00" E, 41.21 feet to a 1/2" iron pin at the southwest corner of lot no. 1 of Summit Estates Second Subdivision as recorded in plat book no. 16 at page 97A; Thence along the south line of said lot, N 89°58,19 " E, 35.00 feet; Thence leaving said south line, S 68°52'41" E, 158.75 feet; Thence S 65020'31" E, 329.59 feet; Thence S 11°19'59" E, 15.00 feet; Thence S 15045'27" W, 31.53 feet; Thence S 38°44'55" E, 184.37 feet; Thence S 33009'50" E, 198.55 feet; Thence S 48055'32" E, 19.97 feet to a point on the west line of lot 1 of Iris's First Subdivision as recorded in plat book no. 18 at page 15; Thence along said west line, S 00048'04" E, 33.89 feet to the beginning of a non -tangent curve concave to the northeast, having a central angle of 07008'38" and a radius of 542.96 feet, from which point a radial line bears N 45028'42" E; Thence along said curve in a northwesterly direction 67.70 feet; Thence N 37022'39" W, 226.79 feet to the beginning of a curve concave to the southwest, having a central angle of 42°20'59" and a radius of 930.00 feet; Thence along said curve in a northwesterly direction 687.40 feet to a point on the east line of said lot 87; Thence along said west line N 09043'24" W, 15.13 feet to the point of beginning, containing 0.75 acres more or less. (32,867 square feet) TRACT 18. BERNICE HUNZE TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81; Thence along the east line of said tract, S 09043'24" E, 79.27 feet to the beginning of a non -tangent curve concave to the southwest, having a central angle of 40'54'18" and a radius of 870.00 feet, from which point a radial line bears S 11°43'02" W, said point being the TRUE POINT OF BEGINNING; Thence leaving said east line and along said curve in a southeasterly direction 621.12 feet; Thence S 37°22'39" E, 226.79 feet to the beginning of a curve concave to the northeast, having a central angle of 12°49'17" and a radius of 602.96 feet; Thence along said curve in a southeasterly direction 134.93 feet to a point on the west line of lot 1 of Iris's First Subdivision as recorded in plat book no. 18 at page 15; Thence along said west line, S 00°48'04" E, 36.35 feet; Thence leaving said west line N 46047'46" W, 139.77 feet; Thence N 40°20'50" W, 202.65 feet; Thence N 35028'05" W, 143.19 feet; Thence N 62°10'46" W, 155.21 feet; Thence N 07024'48" W, 15.00 feet; Thence N 37024'51" W, 71.44 feet; Thence N 75°05'47" W, 94.31 feet; Thence N 54055'11" W, 145.41 feet; Thence S 87020'18" W, 33.66 feet to a point on the east line of said lot 87; Thence along said east line, N 09°43'24" W, 20.73 feet to the point of beginning, containing 0.83 acres more or less. (35,973.07 square feet) TRACT 19. BERNICE HUNZE TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the south line of said lot, N 89°43'50" E, 79.45 feet to the TRUE POINT OF BEGINNING; Thence continuing N 89°43'50" E, 103.07 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 15°56'55" and a radius of 602.96 feet, from which point a radial line bears N 19'34'15 " E; Thence leaving said south line and along said curve in a southeasterly direction, 167.84 feet; Thence S 86022'39" E, 123.46 feet to the beginning of a curve concave to the southwest having a central angle of 91°43'54" and a radius of 20.00 feet; Thence along said curve in a southeasterly and southwesterly direction, 32.02 feet to a point on the westerly right of way of Mount Auburn Road; Thence leaving said west right of way, S 89042'27" W, 219.27 feet; Thence N 75°30'21" W, 169.44 feet; Thence N 49053'05" W, 33.34 feet to the point of beginning, containing 0.29 acres more or less. (12,449.66 square feet) TRACT 20. BERNICE HUNZE GENERAL WARRANTY DEED A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81; Thence along the east line of said tract S 09043'24" E, 15.13 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east line, S 09043'24" E, 64.14 feet to the beginning of a non -tangent curve concave to the southwest, having a central angle of 40'54'18" and a radius of 870.00 feet, from which point a radial line bears S 11°43'02" W; Thence leaving said east line and along said curve in a southeasterly direction 621.12 feet; Thence S 37°2239" E, 226.79 feet to the beginning of a curve concave to the northeast, having a central angle of 12'49'17" and a radius of 602.96 feet; Thence along said curve in a southeasterly direction 134.93 feet to a point on the west line of lot 1 of Iris's First Subdivision as recorded in plat book no. 18 at page 15; Thence along said west line, N 00048'04" W, 82.53 feet to the beginning of a non -tangent curve concave to the northeast, having a central angle of 07°08'38" and a radius of 542.96 feet, from which point a radial line bears N 45°28'42" E; Thence along said curve in a northwesterly direction 67.70 feet; Thence N 37°22'39" W, 226.79 feet to the beginning of a curve concave to the southwest, having a central angle of 42°20'59" and a radius of 930.00 feet; Thence along said curve in a northwesterly direction 687.40 feet to the point of beginning, containing 1.35 acres more or less. (58,969.33 square feet) TRACT 21. BERNICE HUNZE GENERAL WARRANTY DEED A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the south line of said lot, N 89°43'50" E, 182.52 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south line N 89°43'50" E, 311.81 feet to a chiseled cross in concrete being the southeast corner of said lot no. 1, said point being on the westerly right of way of Mount Auburn Road; Thence leaving said south line and along said right of way he, S 05'21'15" W, 65.01 feet to the point of cusp with a curve concave to the southwest having a central angle of 91°43'54" and a radius of 20.00 feet, from which point a radial line bears N 84°38'45" W, Thence leaving said right of way line and along said curve in a northeasterly and northwesterly direction 32.02 feet; Thence N 86°22'39" W, 123.46 feet to the beginning of a curve concave to the northeast having a central angle of 15°56'55" and a radius of 602.96 feet; Thence along said curve in a northwesterly direction 167.84 feet to the point of beginning, containing 0.21 acres more or less. (9,302.60 square feet) TRACT 22. JAMES AND KAREN HENDRICKSON TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81; Thence along the east line of said tract, S 09°43'24" E, 79.27 feet to the beginning of a non -tangent curve concave to the southwest, having a central angle of 05'42'17" and a radius of 870.00 feet, from which point a radial line bears S 11°43'02" W, said point being the TRUE POINT OF BEGINNING; Thence leaving said east line and along said curve in a northwesterly direction 86.62 feet to a point on the west line of said lot; Thence along said west line, S 17°37'35" W, 12.02 feet; Thence leaving said west line, S 76°27'43" E, 95.34 feet to a point on the east line of said lot; Thence along said east line, N 09°43'24" W, 20.73 feet to the point of beginning, containing 0.03 acres more or less. (1,484.66 square feet) TRACT 23. JAMES AND KAREN HENDRICKSON GENERAL WARRANTY DEED A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81, said point being on the north line of section 35; Thence along the east line of said lot, S 09043'24" E, 79.27 feet to the beginning of a non -tangent curve concave to the southwest, having a central angle of 05042'17" and a radius of 870.00 feet, from which point a radial line bears S 11143'02" W; Thence leaving said east line and along said curve in a northwesterly direction 86.62 feet to a point on the west line of said lot; Thence along said west line, N 17°37'35" E, 67.98 feet to the northwest corner of said lot, said point being on the north line of section 35; Thence along said north line, S 90°00'00" E, 51.58 feet to the point of beginning, containing 0.11 acres more or less. (4,861.45 square feet) 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 01a DAY OF '1999. A.M. Spradling, III ;ATTEST: Gayle LjConrad City Clerk