HomeMy WebLinkAboutORD.2570.08-02-1999l l
BILL NO. 99-168 ORDINANCE NO. 62 7�
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
GENERAL WARRANTY DEEDS TO D & D CAPE
INVESTMENTS, L.P. AND EARL H. NORMAN, TRUSTEE,
PURSUANT TO AGREEMENTS FOR THE EXCHANGE OF
REAL PROPERTY FOR THE MT. AUBURN ROAD
EXTENSION PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute a General
Warranty Deed to D & D Cape Investments, L.P., for property
transfer for the extension of Mt. Auburn Road between Bloomfield
Road and State Route 74, more particularly described as follows,
to -wit:
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP
30 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 southwest corner of a tract of land as
recorded in the land records of the County Recorder's
Office in book no. 885 at page no. 845; Thence along the
south line of said tract, S 82° 41' 58" E, 199.28 feet to
the beginning of a non -tangent curve concave to the
southwest having a central angle of 120 40' 57" and a
radius of 310.00 feet from which point a radial line
bears, S 440 13' 32" W; Thence along said curve in a
northwesterly direction, 68.62 feet; Thence N 58° 27' 25"
W, 61.11 feet; Thence S 610 59' 12" W, 103.68 feet to the
POINT OF BEGINNING, containing 0.14 acres more or less.
(6,289.50 square feet)
pursuant to an Agreement for the Exchange of Real Property with D
& D Cape Investments, L.P., which the City Manager is authorized to
execute for and on behalf of the City of Cape Girardeau, Missouri.
A copy of said Agreement is attached hereto as Exhibit "A" and made
a part hereof.
ARTICLE 2. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute a General
Warranty Deed to D & D Cape Investments, L.P., for property
transfer for the extension of Mt. Auburn Road between Bloomfield
Road and State Route 74, more particularly described as follows,
to -wit:
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP
30 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 the northeast corner of a tract of land as
recorded in the land records of the County Recorder's
Office in book no. 885 at page no. 845; Thence along the
east line of said tract, S 060 00' 36" W, 46.19 feet to
the TRUE POINT OF BEGINNING;
Thence continuing S 060 00' 36" W, 76.24 feet to the
beginning of a non -tangent curve concave to the southwest
having a central angle of 080 37' 06" and a radius of
390.00 feet from which point a radial line bears, S 44°
03' 20" W; Thence along said curve in a northwesterly
direction, 58.66 feet; Thence N 540 08' 12" E, 65.45 feet
to the POINT OF BEGINNING, containing 0.04 acres more or
less. (1,814.80 square feet)
pursuant to an Agreement for the Exchange of Real Property with D
& D Cape Investments, L.P., attached hereto as Exhibit "A" and made
a part hereof.
ARTICLE 3. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute a General
Warranty Deed to Earl H. Norman, Trustee of the Earl H. Norman
Revocable Living Trust Agreement Dated December 4, 1987, for
property transfer for the extension of Mt. Auburn Road between
Bloomfield Road and State Route 74, more particularly described as
follows, to -wit:
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP
30 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 southwest corner of a tract of land as
recorded in the land records of the County Recorder's
Office in book no. 885 at page no. 845; Thence along the
west line of said tract, N 140 58' 54" E, 93.85 feet to
the beginning of a non -tangent curve concave to the
northeast having a central angle of 030 06' 12" and a
radius of 390.00 feet from which point a radial line
bears, N 340 38' 47" E; Thence along said curve in a
southeasterly direction, 21.12 feet; Thence S 581 27' 25"
E, 58.17 feet; Thence S 610 59' 12" W, 103.68 feet to the
POINT OF BEGINNING, containing 0.08 acres more or less.
(3,539.92 square feet)
011
pursuant to an Agreement for the Exchange of Real Property with
Earl H. Norman, Trustee of the Earl H. Norman Revocable Living
Trust Agreement Dated December 4, 1987, and Ruth Ann Norman and
Earl H. Norman, Trustees of the Ruth Ann Norman Revocable Living
Trust Agreement dated December 4, 1987, which the City Manager is
authorized to execute for and on behalf of the City of Cape
Girardeau, Missouri. A copy of said Agreement is attached hereto as
Exhibit "B" and made a part hereof.
ARTICLE 4. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute a General
Warranty Deed to Earl H. Norman, Trustee of the Earl H. Norman
Revocable Living Trust Agreement Dated December 4, 1987, for
property transfer for the extension of Mt. Auburn Road between
Bloomfield Road and State Route 74, more particularly described as
follows, to -wit:
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP
30 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. 885 at page no. 845; Thence along the
north line of said tract, N 820 26' 35" W, 218.30 feet to
the northwest corner of said tract; Thence along the west
line of said tract, S 140 58' 54" W, 9.47 feet to the
beginning of a non -tangent curve concave to the northeast
having a central angle of 080 29' 08" and a radius of
310.00 feet from which point a radial line bears, N 400
O1' 43" E; Thence leaving the afore said west line and
along said curve in a southeasterly direction, 45.91
feet; Thence S 580 27' 25" E, 119.28 feet to the
beginning of a curve concave to the southwest having a
central angle of 030 53' 39" and a radius of 390.00 feet;
Thence along said curve in a southeasterly direction,
26.51 feet; Thence N 540 08' 12" E, 65.45 feet to a
point on the east line of the afore said tract of land;
Thence along said east line, N 060 00' 36" E, 46.19 feet
to the POINT OF BEGINNING, containing 0.28 acres more or
less. (12,134.77 square feet)
pursuant to an Agreement for the Exchange of Real Property with
Earl H. Norman, Trustee of the Earl H. Norman Revocable Living
Trust Agreement Dated December 4, 1987, and Ruth Ann Norman and
Earl H. Norman, Trustees of the Ruth Ann Norman Revocable Living
Trust Agreement dated December 4, 1987, attached hereto as Exhibit
"B" and made a part hereof.
3
ARTICLE 5. This ordinance will be in full force and effect ten
days after its passage and approval.
PASSED AND APPROVED THIS �f� DAY OF , 19 �.
A. IM. Spradling, III �Yayor
ATTEST:
A d.Al
';Gayle L Conrad
City, Clerk
4
Agreement for the Exchange of Real Property
Mt. Auburn Road Extension — Bloomfield Road to Missouri Route 74
Cape Girardeau, Missouri
The undersigned, D & D CAPE INVESTMENTS, L.P., hereinafter called the
"Owners", in consideration of the mutual covenants and agreements herein set forth, agree
to convey to the CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter called the
"City", and the City agrees to accept certain tracts by General Warranty Deed as set forth in
this Agreement along with all rights, hereditaments, easements, and appurtenances thereunto
located in the City of Cape Girardeau, Cape Girardeau County, Missouri, more particularly
described in Exhibit A attached hereto and made a part hereto, subject to easements for
public utilities of any nature, as may exist at the time of execution of this agreement.
It is further agreed that the City, in consideration of the mutual covenants and
agreements herein set forth, agrees to convey to the Owners, and the Owners agree to
accept, certain tracts by General Warranty Deed as set forth in this Agreement along with all
rights, hereditaments, easements and appurtenances thereunto located in the City of Cape
Girardeau, Cape Girardeau County, Missouri, more particularly described in Exhibit B
attached hereto and made a part hereto, subject to all matters of public record and easements
for public utilities of any nature, as may exist at the time of execution of this agreement.
The terms and conditions of this agreement are as follows:
1. The City agrees to the redesign of the Mt. Auburn Road Extension as such
redesign prescribes the extension through the Cape Girardeau Congregation of
Jehovah's Witnesses property as generally shown on Exhibit C.
2. The Owners shall donate an eighty-foot(80-foot)-wide right-of-way in fee simple
and any required temporary construction and/or slope easements on any tracts
that they own that are needed for the redesigned roadway at no cost to the City,
as described in Exhibit A as Tracts 17 and 12, in exchange for the City deeding
to the Owners Tracts "F" and "G", which may remain outside the road
temporary construction and easement limits, as described in Exhibit B.
3. The City agrees to construct a concrete street to full City standards with a
minimum width of forty-eight (48) feet from back of curb to back of curb,
within an eighty-foot(80-foot)-wide fee right-of-way.
4. The Owners agree to pay a sum of Forty Thousand and One Hundred and
Twenty-seven Dollars ($40,127) for the construction of Mt. Auburn Road
between Bloomfield Road and Missouri Route 74. At the time the road is
accepted by the City Council, these costs will be billed to the Owners in the form
of special tax bills, which may be payable over a period of up to ten years and
subject to interest at the standard rate applied to all such tax bills by the City.
5. The City agrees that it is the intent of the City, although the City is not bound
thereby, to sell the remnants from the property previously owned by the Hesters
(Tracts 1 and 3 on Exhibit C) to the adjacent property owners for an amount
equal to or exceeding the amount of $213 per front foot along the new Mt.
Auburn Road at some future time.
06'29'99 EXHIBIT "A"
6. It is agreed that the City will pay all the expenses incident to the preparation and
recordation of any and all deeds and easements as required by this agreement.
The Owners also agree to pay any and all expenses necessary to provide proper
and clear title to all fee or easement interests to be provided to the City as
designated herein, subject to all matters of public record.
7. The Owners agree to pay all property taxes for the full tax year for the tax year
covered by this agreement, and upon proof of payment, the City agrees to
reimburse the Owners for the pro -rata portion of taxes on the right-of-way that
is deeded to the City in fee title from the date of possession of such real property
by the City. Said request for reimbursement must be made on or before June 30,
2000.
8. The Owners represent that no elected City official or City employee shall be
admitted to or share any part of this agreement, or to any benefits that may arise
therefrom
9. The terms and conditions aforesaid are to apply to and bind the heirs, executors,
administrators, successors, and assigns of the Owners.
10. All terms and conditions with respect to this agreement are expressly contained
herein and the Owners agree that no representative or agent of the City has
made any representation or promise with respect to this agreement not expressly
contained herein.
11. All individuals signing this agreement state that they have full authority to sign
this agreement for the express purposes stated herein.
12. Failure of the Owners to meet the terms and conditions listed above by the
specified dates shall void this agreement unless a time extension or extensions
thereto, is approved in advance and in writing by the signatory parties as attested
as follows.
13. Notwithstanding anything herein to the contrary, the parties acknowledge and
agree that the operation and effectiveness of this agreement is strictly
conditioned upon completion of all of the following to the satisfaction of the
Owners within thirty (30) days of acceptance of this agreement by the City:
(a) Conveyance by General Warranty Deed from the Owners to the Earl H.
Norman Revocable Living Trust or the Ruth A. Norman Revocable Living
Trust of the tracts of land and improvements thereon, subject to all matters
of record, identified as Tracts A, B, D and I on the "Right of Way Exhibit &
Associated Land Trades Mount Auburn Road Extension" by Bowen
Engineering and Surveying dated February 23, 1999.
(b) Conveyance by General Warranty Deed from the Earl H. Norman
Revocable Living Trust or the Ruth A. Norman Revocable Living Trust to
the Owners of the tract of land and improvements thereon, subject to all
matters of record, identified as Tract C on the "Right of Way Exhibit &
Associated Land Trades Mount Auburn Road Extension" by Bowen
Engineering and Surveying dated February 23, 1999.
(c) A final agreement between the Owners and the Earl H. Norman Revocable
Living Trust or the Ruth A. Norman Revocable Living Trust regarding
conveyances from the Earl I- Norman Revocable Living Trust or the Ruth
A. Norman Revocable Living Trust to Owners of the tract of land identified
as Tract K, and from the Owners to the Earl H. Norman Revocable Living
Trust or the Ruth A. Norman Revocable Living Trust of the tract of land
nANft Aub=V a n -Mt. n„ =-n�y.e«
06/29/99
identified as Tract J, on the "Right of Way Exhibit & Associated Land
Trades Mount Auburn Road Extension" by Bowen Engineering and
Surveying dated February 23, 1999.
D & D CAPE INVESTMENTS, L.P.
BY: DRURY INDUSTRIES, INC.
I General Par er
July 1, 1999
Name Robert A. Drur Date
Tide President
WITNESS:
CAPE GIRARDEAU, MISSOURI
Manager
ATTEST:
(5 -'l-, 0
to is J.Tw
Deputy City Clerk
Date
ANNOTATION TO THIS AGREEMENT: Attached to this agreement is Exhibit C,
which is a graphic, metes and bounds plat representation of the properties described in
Exhibits A and B, attached hereto. It is hereby attested to by the signatories above that they
fully recognize and acknowledge that Exhibit C is illustrative only and the legal descriptions
as set forth in Exhibits A and B are explicit and shall be binding as described therein.
o-w+t nub—\Ai ss d Apr® 4& Auburn-Dnuydo
06/29/99
EXHIBIT A
Tracts to be conveyed by D & D Cape Investments, L.P. to the City of Cape Girardeau:
DESCRIPTION - 0.05 ACRE TRACT 17
RIGHT OF WAY TRACT
A PART BOOK 422 - PAGE 698
D & D CAPE INVESTMENTS, L.P.
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 southeast corner of a tract of land as recorded in the land records of the
County Recorders Office in book no. 885 at page no. 845; Thence along the east line of said
tract of land, N 06° 00' 36" E, 64.66 feet to the beginning of a non -tangent curve concave to
the southwest having a central angle of 06° 38' 50" and a radius of 390.00 feet from which
point a radial line bears S 44° 03' 20" W; Thence leaving said east line and along said curve in
a southeasterly direction, 45.25 feet to a point on the northerly right of way line of Missouri
State Route 74 (relocated); Thence along said right of way line, S 44° 40' 48" W, 80.55 feet;
Thence leaving said right of way line, N 38° 05' 42" W, 1.95 feet to the beginning of a curve
concave to the southwest having a central angle of 070 40' 46" and a radius of 310.00 feet;
Thence along said curve in a northwesterly direction, 41.55 feet to a point on the south line
of the afore said tract of land; Thence along said south line, S 82° 41' 58" E, 48.59 feet to the
POINT OF BEGINNING, containing 0.05 acres more or less. (1,978.93 square feet)
DESCRIPTION - 0.10 ACRE TRACT 12
RIGHT OF WAY TRACT
A PART OF BOOK 422 - PAGE 698
D & D CAPE INVESTMENTS, L.P.
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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. 544 at page no. 302, said point being on the southerly
right of way line of Cardinal Lane; Thence along the east line of said tract of land, S 16° 03'
58" W, 61.71 feet to the beginning of a non -tangent curve concave to the northeast having a
central angle of 09° 21' 03" and a radius of 390.00 feet from which point a radial line bears
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N 43° 59' 50" E; Thence leaving said east line and along said curve in a southeasterly
direction, 63.65 feet to a point on the west line of a tract of land as recorded in book no. 885
at page no. 845; Thence along said west line, N 14° 58'54" E, 86.41 feet to the beginning of
a non -tangent curve concave to the northeast having a central angle of 03° 03' 16" and a
radius of 310.00 feet from which point a radial line bears N 40° 01' 43" E; Thence leaving
said west line and along said curve in a northwesterly direction, 16.53 feet to a point on the
southerly right of way line of Cardinal Lane; Thence along said right of way line, N 830 01'
02" W, 42.39 feet to the POINT OF BEGINNING, containing 0.10 acres more or less.
(4,506.93 square feet)
DAMc Aub=\Rcvised Ageanenc-Mu Auburn-Dnuy.dx
06/29/99
EXHIBIT B
Tracts to be conveyed by City of Cape Girardeau to D & D Cape Investments, L.P.:
DESCRIPTION - 0.14 ACRE TRACT "F"
CITY OF CAPE GIRARDEAU to D & D INVESTMENTS, LP
A PART OF BOOK 885 - PAGE 845
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 southwest corner of a tract of land as recorded in the land records of
the County Recorders Office in book no. 885 at page no. 845; Thence along the south line
of said tract, S 82° 41' 58" E, 199.28 feet to the beginning of a non -tangent curve concave to
the southwest having a central angle of 12° 40' 57" and a radius of 310.00 feet from which
point a radial line bears, S 44° 13' 32" W; Thence along said curve in a northwesterly
direction, 68.62 feet; Thence N 58° 27'25" W, 61.11 feet; Thence S 61° 59' 12" W, 103.68
feet to the POINT OF BEGINNING, containing 0.14 acres more or less. (6,289.50 square
feet)
DESCRIPTION - 0.04 ACRE TRACT "G"
CITY OF CAPE GIRARDEAU to D & D INVESTMENTS, LP
A PART OF BOOK 885 - PAGE 845
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the northeast corner of a tract of land as recorded in the land records
of the County Recorder's Office in book no. 885 at page no. 845; Thence along the east line
of said tract, S 060 00'36" W, 46.19 feet to the TRUE POINT OF BEGINNING;
Thence continuing S 06° 00' 36" W, 76.24 feet to the beginning of a non -tangent curve
concave to the southwest having a central angle of 08° 37' 06" and a radius of 390.00 feet
from which point a radial line bears, S 44° 03' 20" W; Thence along said curve in a
northwesterly direction, 58.66 feet; Thence N 54° 08' 12" E, 65.45 feet to the POINT OF
BEGINNING, containing 0.04 acres more or less. (1,814.80 square feet)
MI& Aub=\Rcvised Ager m -Mc Auburn-Dnuy.&c
06/29/99
- EXHIBIT•• C
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RIGHT OF WAY EXHIBIT &
1.
ASSOCIATED LAND TRADES
MOUNT AUBURN ROAD EXTENSION
Q
LOCATED /N A PART OF UNITED STATES PRIVATE SURVEY NO.170
•�i!
AN A PAPT Of OUT LOT SS IN UNITED STATES PRIVATE SURVEY NO. 2/50
a.
TO WNSNIR 00 NORTH, RANGE 17 EAST OF THE FIFTH PRINCIPAL MERIDIAN
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CITY AND COUNTY OF CAPE GIRARDEAU, STATE Of MISSOURI:
21
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C:NAPIi1C %CALL
11 ill IOU 1:0 20(1
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Agreement for the Exchange of Real Property
Mt. Auburn Road Extension - Bloomfield Road to Missouri Route 74
Cape Girardeau, Missouri
The undersigned, EARL H. NORMAN, TRUSTEE OF THE EARL H.
NORMAN REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER
4,1987, and RUTH A. NORMAN AND EARL H. NORMAN, TRUSTEES OF
THE RUTH A. NORMAN REVOCABLE LIVING TRUST AGREEMENT OF
DECEMBER 4, 1987, hereinafter called the "Owners", in consideration of the mutual
covenants and agreements herein set forth, agree to convey to the CITY OF CAPE
GIRARDEAU, MISSOURI, hereinafter called the "City", and the City agrees to accept
certain tracts by General Warranty Deed and by Permanent and Temporary Easements as set
forth in this Agreement along with all rights, hereditaments, easements, and appurtenances
thereunto located in the City of Cape Girardeau, Cape Girardeau County, Missouri, more
particularly described in Exhibit A attached hereto and made a part hereto, subject to
easements for public utilities of any nature, as may exist at the time of execution of this
agreement.
It is further agreed that the City, in consideration of the mutual covenants and
agreements herein set forth, agrees to convey to the Owners, and the Owners agree to
accept, certain tracts by Warranty Deed and by vacation of an existing street right-of-way as
set forth in this Agreement along with all rights, hereditaments, easements and
appurtenances thereunto located in the City of Cape Girardeau, Cape Girardeau County,
Missouri, more particularly described in Exhibit B attached hereto and made a part hereto,
subject to easements for public utilities of any nature, as may exist at the time of execution
of this agreement.
The terms and conditions of this agreement are as follows:
1. The City agrees to the redesign of the Mt. Auburn Road Extension as such
redesign prescribes the extension through the Cape Girardeau Congregation of
Jehovah's Witnesses property as generally shown on Exhibit D, with the
understanding that the Owners shall acquire the Cape Girardeau Congregation
of Jehovah's Witnesses property prior to September 30, 1999. The Owners shall
be responsible for any and all relocation assistance required by the Cape
Girardeau Congregation of Jehovah's Witnesses Church, as determined by its
appropriate and authoritative officials.
2. The Owners shall donate an eighty-foot(80-foot)-wide right-of-way in fee simple
and any required construction and/or slope easements on any tracts that they
own that are needed for the redesigned roadway at no cost to the City, as
described in Exhibit A as Tracts 6 and 11, in exchange for the City deeding to
the Owners Tracts "E" and "H", which may remain outside the road
construction and easement limits, as described in Exhibit B.
3. The Owners shall be responsible for the acquisition of the property owned by
and titled to the Cape Girardeau Congregation of Jehovah's Witnesses and the
entire cost for the demolition of the Cape Girardeau Congregation of Jehovah's
DAMt Aub=�RvAscd "greemm`-Mc Aubu d«
06/22/"EXHIBIT " B "
4
5.
0
7.
8.
z
Witnesses church structure to the existing City demolition standards. The
demolition and debris removal shall be completed prior to October 15, 1999.
The City shall pay One Hundred and Thirty Thousand Dollars ($130,000) at
closing to the Owners for an eighty-foot(80-foot)-wide right-of-wayin fee simple
and all necessary easements through the Cape Girardeau Congregation of
Jehovah's Witnesses property, as described in Exhibit C as Tract 8. The Owners
shall transfer to the City the so designated fee and easement interests by 5:00
p.m., October 30, 1999. The Owners shall also grant to the City any temporary
construction easements that are needed through this property for the
construction of the so designated Mt. Auburn Extension.
The Owners shall, at the Owners' sole expense, have a qualified engineering firm
redesign the roadway and required stormwater management and detention
facilities to incorporate the route proposed by the Owners and submit the
revised plans for City approval. All plans, specifications, and construction
documents must conform to City specifications and be approved by the City
Engineer. The final plans must be submitted to the City Engineers Office on
before June 30, 1999. /1kw"cw r PL i vs
The City agrees to construct a concrete street to full City standards with a
minimum width of forty-eight (48) feet from back of curb to back of curb,
within the eighty-foot(80-foot)-wide fee right-of-way.
A mutually acceptable plan between the Owners and the City shall be formulated
to meet stormwater management requirements for the road and the Owners' ,
future development. The Owners shall have a qualified engineering firm prepare
said plan at the Owners' sole expense and submit it to the City Engineers Office
The Owners agree to pay a sum of Three Hundred and Nineteen Thousand and
Eight Hundred and Fifty-eight Dollars ($319,858) for the construction of Mt.
Auburn Road between Bloomfield Road and Missouri Route 74. At the time the
road is accepted by the City Council, these costs will be billed to the Owners in
the form of special tax bills, which may be payable over a period of up to ten
years and subject to interest at the standard rate applied to all such tax bills by
the City.
The City agrees to vacate any interest it may have in the Cardinal Lane right-of-
way as platted. The City also agrees to vacate right-of-way for Northview Drive
south of Tiimmar Lane, at such time as the owner(s) of the adjoining property
that have access to this roadway, request such vacation. The adjacent property
owners, at the time of vacation, shall receive title to the land within the right-of-
way, as their rights may then entitle them at the time of any said vacation.
10. The Owners agree to grant the right-of-way necessary, in fee simple, for a
turnaround for Northview Drive, temporary or otherwise, in accordance with
City Ordinance, provided the said Northview Drive is not vacated to the Owners
or other parties per paragraph 9 above.
11. The Owners agree to grant a spoil disposal easement to the City on their
adjoining property for any excess appropriate and acceptable fill material from
the project.
12. The City agrees that it is the intent of the City, although the City is not bound
thereby, to either sell the remnants from the property previously owned by the
Hesters (Tracts 1 and 3 on Exhibit D) to the adjacent property owners for an
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amount equal to or exceeding the amount of $213 per front foot along the new
Mt. Auburn Road or upon their refusal to purchase these remnants, solicit sealed
bids for the sale of the remnants at some future time.
13. Time extensions can be granted when agreed to in advance in writing by both
parties.
14. It is agreed that the City will pay all the expenses incident to the preparation and
recordation of any and all deeds and easements to the City as required by this
agreement. The Owners also agree to pay any and all expenses necessary to
provide proper and clear title to all fee or easement interests to be provided to
the City as designated herein.
15. The Owners agree to pay all property taxes for the full tax year for the tax year
covered by this agreement, and upon proof of payment, the City agrees to
reimburse the Owners for the pro -rata portion of taxes on the right-of-way that
is deeded to the City in fee title from the date of possession of such real property
by the City. Said request for reimbursement must be made on or before June 30,
2000.
16. The Owners represent that no elected City official or City employee shall be
admitted to or share any part of this agreement, or to any benefits that may arise
therefrom
17. The terms and conditions aforesaid are to apply to and bind the heirs, executors,
administrators, successors, and assigns of the Owners.
18. All terms and conditions with respect to this agreement are expressly contained
herein and the Owners agree that no representative or agent of the City has
made any representation or promise with respect to this agreement not expressly
contained herein.
19. All individuals signing this agreement state that they have full authority to sign
this agreement for the express purposes stated herein.
20. Failure of the Owners to meet the terms and conditions listed above by the
specified dates shall void this agreement unless a time extension or extensions
thereto, is approved in advance and in writing by the signatory parties as attested
as follows.
EARL H. NORMAN REVOCABLE
LIVING TRUST AGREEMENT DATED
DECEMBER 4, 1987
.ffarl H. NoAan Date
RUTH A. NORMAN REVOCABLE
LIVING TRUST AGREEMENT OF
MBER 4, 1987
th A. No Date
U
C --,z 5/ 9
Earl H. Norman Date
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ATTEST:
OF CAPE GIRARDEAU, MISSOURI
mel G. M
Manager
ATTEST:
Gi�j.
'F •
Deputy
ANNOTATION TO THIS AGREEMENT: Attached to this agreement is Exhibit D,
which is a graphic, metes and bounds plat representation of the properties described in
Exhibits A, B and C, attached hereto. It is hereby attested to by the signatories above that
they fully recognize and acknowledge that Exhibit D is illustrative only and the legal
descriptions as set forth in Exhibits A, B and C are explicit and shall be binding as described
therein.
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EXHIBIT A
Tracts to be conveyed by Ruth A. and Earl H. Norman, Earl H. Norman Revocable Living
Trust Agreement dated December 4, 1987 and Ruth A. Norman Revocable Living Trust
Agreement dated December 4, 1987, to the City of Cape Girardeau:
DESCRIPTION - 0.41 ACME TRACT 6
RIGHT OF WAY TRACT
A PART OF LOTS 5,6 & 8, BLOCK 1, NORTHVIEW ACRES
RUTH and EARL NORMAN
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 point on the south line of Lot 6, Block 1 of Northview Acres as
recorded in the land records of the County Recorder's Office in plat book no. 5 at page no.
5, from which point the southeast corner of said lot bears S 83° 01' 02" E, 130.75 feet;
Thence along the south line of said lot N 83° 01' 02" W, 69.11 feet to the northwest corner
of a tract of land as recorded in book no. 445 at page no. 648; Thence along the west line of
said tract, S 060 53' 59" W, 40.78 feet; Thence leaving said west line, N 190 37' 00" W,
227.28 feet to a point on the north line of Lot no. 5, Block 1 of Northview Acres; Thence
along said north line, N 490 40' 58" E, 85.52 feet; Thence leaving said north line, S 19° 37'
00" E, 251.97 feet to the POINT OF BEGINNING, containing 0.41 acres more or less.
(17,760.95 square feet)
DESCRIPTION - 0.06 ACRE TRACT 11
RIGHT OF WAY TRACT
A PART OF BOOK 544 - PAGE 302
RUTH NORMAN REVOCABLE LIVING TRUST
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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. 544 at page no. 302; Thence along the north line of
said tract and the south right of way line of Cardinal Lane, N 830 01'02" W, 73.89 feet to the
beginning of a non -tangent curve concave to the northeast having a central angle of 13° 01'
34" and a radius of 390.00 feet from which point a radial line bears N 57° 01' 24" E; Thence
leaving said north line and south right of way line and along said curve in a southeasterly
direction, 88.67 feet to a point on the east line of the afore said tract of land; Thence along
061ni"
said east line, N 16° 03'58" E, 61.71 feet to the POINT OF BEGINNING, containing 0.06
acres more or less. (2,399.73 square feet)
DESCRIPTION - 20' WIDE DRAINAGE EASEMENT
CENTERLINE STATION 9+00, RIGHT
A PART OF LOT 5, BLOCK 1, NORTHVIEW ACRES
RUTH AND EARL NORMAN
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the northeast corner of Lot 7, Block 1 of Northview Acres as recorded
in the land records of the County Recorders Office in plat book no. 5 at page no. 5, Thence
along the north line of said lot, N 830 01'02" W, 130.75 feet; Thence leaving said north line,
N 190 3700" W, 194.65 feet to the TRUE POINT OF BEGINNING; Thence continuing
N 190 3700" W, 20.00 feet; Thence N 700 23'00" E, 60.00 feet; Thence S 19° 3700" E,
20.00 feet; Thence S 70° 23'00" W, 60.00 feet to the POINT OF BEGINNING, containing
0.03 acres more or less. (1,200.00 square feet)
DESCRIPTION - 20' WIDE DRAINAGE EASEMENT
CENTERLINE STATION 8+97.48, LEFT
A PART OF LOT 6, BLOCK 1, NORTHVIEW ACRES
RUTH AND EARL NORMAN
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the northeast corner of Lot 7, Block 1 of Northview Acres as recorded
in the land records of the County Recorder's Office in plat book no. 5 at page no. 5, Thence
along the north line and it's prolongation of said lot, N 830 01' 02" W, 220.22 feet; Thence
leaving said line, N 19° 37'00" W, 151.62 feet to the TRUE POINT OF BEGINNING;
Thence continuing N 19° 37' 00" W, 20.91 feet; Thence S 53° 26' 20" W, 58.36 feet; Thence
S 360 33'40" E, 20.00 feet; Thence N 530 26'20" E, 52.26 feet to the POINT OF
BEGINNING, containing 0.03 acres more or less. (1,106.22 square feet)
DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT
A PART OF BOOK 544 - PAGE 302
RUTH NORMAN REVOCABLE LIVING TRUST
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A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the northwest corner of a tract of land as recorded in the land records
of the County Recorder's Office in book no. 544 at page no. 302, Thence along the north
line of said tract, S 83° 01'02" E, 253.91 feet to the TRUE POINT OF BEGINNING;
Said point being the beginning of a non -tangent curve concave to the northeast having a
central angle of 18° 31' 27" and a radius of 420.00 feet from which point a radial line bears,
N 60° 22' 20" E, Thence leaving said north line and along said curve in a southeasterly
direction, 135.79 feet to a point on the east line of said tract; Thence along said east line, N
160 03' 58" E, 33.62 feet to the beginning of a non -tangent curve concave to the northeast
having a central angle of 130 01' 34" and a radius of 390.00 feet from which point a radial
line bears, N 43° 59' 50" E; Thence leaving said east line and along said curve in a
northwesterly direction, 88.67 feet to a point on the north line of the afore said tract
recorded in book no. 544 at page no. 302; Thence along said north line, N 830 01'02" W,
38.20 feet to the POINT OF BEGINNING, containing 0.08 acres more or less. (3,370.26
square feet)
DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT
A PART OF BOOK 727 - PAGE 895
RUTH AND EARL NORMAN
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the southwest corner of a tract of land as recorded in the land records
of the County Recorder's Office in book no. 445 at page no. 648, Thence along the west line
of said tract, N 06° 53' 59" E, 119.95 feet to the TRUE POINT OF BEGINNING;
Thence leaving said west line N 191 37' 00" W, 276.07 feet to a point on the south line of
Lot no. 3, Block 1 of Northview Acres as recorded in plat book no. 5 at page no. 5; Thence
along said south line, N 49° 40' 58" E, 32.07 feet; Thence leaving said south line, S 19° 37'
00" E, 227.28 feet to a point on the west line of the afore said tract recorded in book no. 445
at page no. 648; Thence along said west line, S 060 53' 59" W, 67.20 feet to the POINT OF
BEGINNING, containing 0.17 acres more or less. (7,550.36 square feet)
DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT
A PART OF BOOK 727 - PAGE 895
RUTH AND EARL NORMAN
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A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the northeast corner of Lot 7, Block 1 of Northview Acres as recorded
in the land records of the County Recorder's Office in plat book no. 5 at page no. 5, Thence
along the north line of said lot, N 830 01'02" W, 97.19 feet to the TRUE POINT OF
BEGINNING; Thence continuing along said north line N 83° 01'02" W, 33.55 feet;
Thence leaving said north line, N 19° 3700" W, 251.97 feet to a point on the south line of
Lot no. 2, Block 1 of Northview Acres as recorded in plat book no. 5 at page no. 5; Thence
along said south line, N 49° 40' 58" E, 32.07 feet; Thence leaving said south line, S 19° 37'
00" E, 278.33 feet to the POINT OF BEGINNING, containing 0.18 acres more or less.
(7,954.41 square feet)
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EXHIBIT B
Tracts to be conveyed by City of Cape Girardeau to Earl H. and Ruth A. Norman, Trustees
of the Ruth A. Norman Revocable Living Trust Agreement of December 4, 1987:
DESCRIPTION - 0.08 ACRE TRACT "E"
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 southwest corner of a tract of land as recorded in the land records of
the County Recorder's Office in book no. 885 at page no. 845; Thence along the west line of
said tract, N 14° 58' 54" E, 93.85 feet to the beginning of a non -tangent curve concave to
the northeast having a central angle of 03° 06' 12" and a radius of 390.00 feet from which
point a radial line bears, N 34° 38'47" E; Thence along said curve in a southeasterly
direction, 21.12 feet; Thence S 58° 27'25" E, 58.17 feet; Thence S 61° 59' 12" W, 103.68 feet
to the POINT OF BEGINNING, containing 0.08 acres more or less. (3,539.92 square feet)
DESCRIPTION - 0.28 ACRE TRACT "H"
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUN'T'Y
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. 885 at page no. 845; Thence along the north line
of said tract, N 82° 26' 35" W, 218.30 feet to the northwest corner of said tract; Thence
along the west line of said tract, S 140 58' 54" W, 9.47 feet to the beginning of a non -tangent
curve concave to the northeast having a central angle of 08° 29' 08" and a radius of 310.00
feet from which point a radial line bears, N 40° 01' 43" E; Thence leaving the afore said west
line and along said curve in a southeasterly direction, 45.91 feet; Thence S 58° 27' 25" E,
119.28 feet to the beginning of a curve concave to the southwest having a central angle of
030 53' 39" and a radius of 390.00 feet; Thence along said curve in a southeasterly direction,
26.51 feet; Thence N 540 08' 12" E, 65.45 feet to a point on the east line of the afore said
tract of land; Thence along said east line, N 06° 00' 36" E, 46.19 feet to the POINT OF
BEGINNING, containing 0.28 acres more or less. (12,134.77 square feet)
oANfi nub„m\Revisea wVremmt-M Aub d«
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EXHIBIT C
Tract to be conveyed by Earl H. and Ruth A. Norman, Earl H. Norman Revocable Living
Trust Agreement dated December 4, 1987 and the Ruth A. Norman Revocable Living Trust
Agreement dated December 4, 1987 to the City of Cape Girardeau:
DESCRIPTION - 0.46 ACRE TRACT 8
RIGHT OF WAY TRACT
A PART OF LOT 7, BLOCK 1, NORTHVIEW ACRES
CAPE GIRARDEAU CONGREGATION OF JEHOVAH'S WITNESSES
A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 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 the northeast corner of Lot 7, Block 1 of Northview Acres as recorded in
the land records of the County Recorder's Office in plat book no. 5 at page no. 5; Thence
along the north line of said lot, N 830 01'02" W, 130.75 feet to the TRUE POINT OF
BEGINNING;
Thence continuing along said north line and its prolongation, N 83° 01' 02" W, 69.11 feet to
the northwest corner of a tract of land as recorded in book no. 445 at page no. 648; Thence
leaving said north line and along the west line of said tract of land, S 061 53' 59" W, 40.78
feet; Thence leaving said west line, S 19° 37' 00" E, 169.20 feet to the beginning of a curve
concave to the northeast having a central angle of 06° 03' 45" and a radius of 390.00 feet;
Thence along said curve in a southeasterly direction, 41.27 feet to a point on the south line
of said Lot 7; Thence along said south line, S 83° 01'02" E, 51.62 feet to the beginning of a
curve concave to the northwest having a central angle of 451 56' 01" and a radius of 50.00
feet; Thence along said south line and curve in a southeasterly and northeasterly direction,
40.08 feet to the beginning of a non -tangent curve concave to the northeast having a central
angle of 12° 26' 20" and a radius of 310.00 feet from which point a radial line bears, N 570
56' 40" E; Thence leaving said south line and along said curve in a northwesterly direction,
67.30 feet; Thence N 19° 3700" W, 174.74 feet to the TRUE POINT OF BEGINNING,
containing 0.46 acres more or less. (19,992.29 square feet)
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EXHIBIT D
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Q
3
r-
EXHIBIT D
..TRW .r .
MOUNT AUBURN ROAD EXTENSIOP
LOCATED INA PART OF UNITED STATES PRIVATE SURVEY NO. 174
ANO A PART OF OUT LOT 85 IN UNITED STATES PRIVATE SURVEY NO.2199
TOWNSHIP 90 NORTH, RANGE 17 EAST OF THE FIFTH PRINCIPAL MERIDIAN
CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI:
GRAPHIC tiCAtt
0 511 1IN. 150 200
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