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HomeMy WebLinkAboutORD.2784.08-21-2000BILL NO. 2000-199 ORDINANCE NO. _,Y44 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT DRAINAGE EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT FROM D & D CAPE INVESTMENTS, L.P., ARMSTRONG HERITAGE, INC. AND WILVER W. WESSEL AND DOLORES H. WESSEL FOR THE MT. AUBURN SOUTH PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by D & D Cape Investments, L.P. conveying to the City of Cape Girardeau, Missouri property for the Mt. Auburn South project, 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 an 80d nail at the intersection of the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 422 at page no. 697; and the southerly right of way line of Missouri State Route 74 (relocated), said point being 121.83 feet southerly of and normal to the centerline of Route 74, station 37+40.36; Thence along the southerly right of way of Route 74 the following courses and distances: S 50° 27' 41" W, 120.40 feet to a point being 125.00 feet southerly of and normal to the centerline of Route 74, station 36+20.00; Thence S 49° 48' 28" W, 180.13 feet to a point being 131.79 feet southerly of and normal to the centerline of Route 74, station 34+40.00 and the TRUE POINT of BEGINNING: Thence continuing along said right of way, S 49° 48' 28" W, 80.06 feet to a point being 134.81 feet southerly of and normal to the centerline of Route 74, station 33 + 60.00; Thence leaving said right of way, S 38° 01' 52" E, 15.49 feet to the beginning of a curve concave to the southwest having a central angle of 45° 19' 02" and a radius of 560.00 feet; Thence along said curve in a southeasterly and southwesterly direction, 442.92 feet; Thence S 07° 17' 10" W, 644.84 feet to the beginning of a curve concave to the northeast having a central angle of 23° 57' 36" and a radius of 940.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 393.09 feet to a point on the east line of the afore said tract of land as recorded in book no. 422 at page no. 697; Thence along said east line, N 07° 17' 10" E, 340.27 feet to the beginning of a non -tangent curve concave to the southeast having a central angle of 02° 45' 48" and a radius of 860.00 feet from which point a radial line bears S 85° 28' 37" E; Thence leaving said east line and along said curve in a northeasterly direction, 41.48 feet; Thence N 07° 17' 10" E, 644.84 feet to the beginning of a curve concave to the southwest having a central angle of 451 19' 02" and a radius of 640.00 feet; Thence along said curve in a northeasterly and northwesterly direction, 506.20 feet; Thence N 38° 01' S2" W, 18.51 feet to the TRUE POINT of BEGINNING, containing 2.56 acres more or less. (111,682.59 square feet) ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Armstrong Heritage, Inc., conveying to the City of Cape Girardeau, Missouri property for the Mt. Auburn South project, 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 an 80d nail at the intersection of the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 422 at page no. 697; and the southerly right of way of Missouri State Route 74 (relocated), said point being 121.83 feet southerly of and normal to the centerline of Route 74, station 37+40.36; Thence along the southerly right of way of Route 74 the following courses and distances: S 50° 27' 41" W, 120.40 feet to a point being 125.00 feet southerly of and normal to the centerline of Route 74, station 36+20.00; Thence S 49° 48' 28" W, 260.19 feet to a point being 134.81 feet southerly of and normal to the centerline of Route 74, station 33+60.00; Thence leaving said right of way, S 38° 01' 52" E, 15.49 feet to the beginning of a curve concave to the southwest having a central angle of 450 19' 02" and a radius of 560.00 feet; Thence along said curve in a southeasterly and southwesterly direction, 442.92 feet; Thence S 07° 17' 10" W, 644.84 feet to the beginning of a curve concave to the northeast having a central angle of 23° 57' 36" and a radius of 940.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 393.09 feet to the TRUE POINT of BEGINNING, said point being on the east line of the afore said tract of land as recorded in book no. 422 at page no. 697; Thence along said east line, N 07° 17' 10" E, 340.27 feet to, said point being the point of cusp with a curve concave to the northeast having a central angle of 25° 49' 13" and a radius of 860.00 feet from which point a radial line bears S 85° 28' 37" E; Thence leaving said east line and along said curve in a southeasterly direction, 387.56 feet; Thence S 21° 17' 50" E, 381.31 feet to the beginning of a curve concave to the northeast having a central angle of 90° 00' 00" and a radius of 20.00 feet; Thence along said curve in a southeasterly and northeasterly direction, 31.42 feet; Thence N 68° 42' 10" E, 9.18 feet to the beginning of a curve concave to the southeast having a central angle of 150 26' 06" and a radius of 330.00 feet; Thence along said curve in a northeasterly direction, 88.90 feet; Thence S 05° 51' 44" E, 60.00 feet to the point the beginning of a non - tangent curve concave to the southeast having a central angle of 15° 26' 06" and a radius of 270.00 feet from which point a radial line bears S 05° 51' 44" E: Thence along said curve in a southwesterly direction, 72.74 feet; Thence S 68° 42' 10" W, 9.18 feet to the beginning of a curve concave to the southeast having a central angle of 90° 00' 00" and a radius of 20.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 31.42 feet; Thence S 21° 17' 50" E, 649.03 feet to the beginning of a curve concave to the northeast having a central angle of 23° 57' 57" and a radius of 560.00 feet; thence along said curve in a southeasterly direction, 234.24 feet; thence S 44° 44" 13" W, 80.00 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 23° 57'57" and a radius of 640.00 feet from which point a radial line bears, N 44° 44' 13" E; thence along said curve in a northwesterly direction, 267.70 feet; thence N 21° 17'50" W, 1130.34 feet to the beginning of a curve concave to the northeast having a central angle of 04° 37' 25" and a radius of 940.00 feet; thence along said curve in a northwesterly direction, 75.85 feet to the TRUE POINT OF BEGINNING, containing 3.04 acres more or less (132,424.9415 square feet). ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by D & D Cape Investments, L.P. conveying to the City of Cape Girardeau, Missouri an easement for the Mt. Auburn South project, 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: A strip of land being 15.00 feet wide lying 7.50 feet along each side of the following described line. COMMENCING at a 80d nail at the intersection of the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 422 at page no. 697; and the southerly right of way of Missouri State Route 74 (relocated), said point being 121.83 feet southerly of and normal to the centerline of Route 74, station 37+40.36; Thence along the southerly right of way of Route 74 the following courses and distances: S 50° 27' 41" W, 120.40 feet; Thence S 49° 48' 28" W, 260.19 feet; Thence S 49° 08' 30" W, 405.49 feet; Thence S 28° 42' 25" W, 108.79 feet to a point on the easterly right of way of Interstate Route 55; Thence leaving the afore said southerly right of way and along the easterly right of way of Route 55 the following courses and distances: S 14° 37' 11" E, 206.40 feet; Thence S 01° 47' S9" E, 221.71 feet; Thence S 08° 50' 20" W, 182.20 feet to a point being 298.52 feet easterly of and normal to the centerline of Route 55, station 1275+31.58 and the TRUE POINT of BEGINNING; Thence leaving said right of way line, S 85° 00' 14" E, 384.14 feet and there terminating. The sidelines of said easement being prolonged and shortened to terminate at the easterly right of way line of Interstate Route 55. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by Wilver W. Wessel and Dolores H. Wessel, husband and wife, conveying to the City of Cape Girardeau, Missouri an easement for the Mt. Auburn South project, 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. 646 at page no. 347; thence along the westerly line of said tract, N 07° 17' 10" E, 305.00 feet; thence leaving said westerly line, S 82° 42'50" E, 20.00 feet; thence S 07° 17' 10" W, 305.45 feet to a point on the southerly line of said tract; thence along said southerly line, N 81° 24'52" W, 20.01 feet to the TRUE POINT OF BEGINNING, containing 0.14 acres more or less (6,104.54 square feet). ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Wilver W. Wessel and Dolores H. Wessel, husband and wife, conveying to the City of Cape Girardeau, Missouri an easement for the Mt. Auburn South project, 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. 646 at page no. 347; Thence along the westerly line of said tract, N 07° 17' 10" E, 80.00 feet; Thence leaving said westerly line, S 82° 42'50" E, 20.00 feet; Thence S O6° 35'55" E, 83.34 feet to a point on the southerly line of said tract; Thence along said southerly line N 81° 24'52" W, 40.01 feet to the TRUE POINT OF BEGINNING, containing 0.055 acres more or less (2,409.07 square feet). ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ci DA-fOF jjjj ray LA 3200. A.I. Spradling, III Mayor r .► ATTEST: Gayl . Conrad-' City Clerk %' '