HomeMy WebLinkAboutORD.2787.08-28-2000BILL NO. 2000-213
ORDINANCE NO.�)� 1
AN ORDINANCE ACCEPTING PERMANENT AND
TEMPORARY EASEMENTS FROM GREATER CAPE
GIRARDEAU AREA BENEVOLENT ASSOCIATION AND
BIOKYOWA, INC. FOR RIGHT-OF-WAY TO CONSTRUCT
AND MAINTAIN A RAIL SPUR IN THE NASH ROAD
INDUSTRIAL PARK
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
Permanent Easement Assignment for maintenance of a rail spur, executed by Greater
Cape Girardeau Area Benevolent Association on property located in the Nash Road
Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly
described as follows, to -wit:
A STRIP OF LAND BEING 25 FEET WIDE, BEING A PART OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
The west 25 feet
of the tract of
land
recorded
in the land records
of the
County Recorder's
Office in book
471
at page
479 wherein the
Grantor
reserved for itself,
its successors
and
assigns,
an easement for
railroad
purposes.
ARTICLE 2. The City of Cape Girardeau, Missouri, hereby accepts a
Permanent Easement for construction and maintenance of a rail spur, executed by
Greater Cape Girardeau Area Benevolent Association on property located in the Nash
Road Industrial Park in the County of Cape Girardeau, State of Missouri, more
particularly described as follows, to -wit:
A STRIP OF LAND BEING 100 FEET WIDE, LYING 50 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED LINE, TO -WIT:
A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at the southwest corner of a tract of land recorded in the land
records of the County Recorder's Office in book 471 at page 479; Thence N
8922'30" E, 15.68 feet to the point of beginning; thence S 01 o24,01 " E,
1271.86 feet to the beginning of a curve concave to the northwest having a
central angle of 9021'56" and a radius of 521.67 feet; thence along said
curve in a southwesterly direction, 822.77 feet to a point being 50 feet north
of and normal to the south line of said Section 27; thence S 8857'55" W,
819.98 feet to the beginning of a curve concave to the northeast having a
central angle of 8949'43" and a radius of 521.67 feet; thence along said
curve in a northwesterly direction, 817.88 feet to a point being 20 feet east
of and normal to the west line of a tract of land recorded in the land records
of the County Recorder's Office in book 897 at page 770; thence N
0112'23" W, 516.22 feet to the beginning of a curve concave to the
southwest having a central angle of 1637'37" and a radius of 478.34 feet;
thence along said curve in a northwesterly direction, 138.81 feet and there
terminating at a point on the west line of said tract recorded in book 797 at
page 770.
ARTICLE 3. The City of Cape Girardeau, Missouri, hereby accepts a
Temporary Construction Easement for construction of a rail spur, executed by Greater
Cape Girardeau Area Benevolent Association on property located in the Nash Road
Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly
described as follows, to -wit:
A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED,
TO -WIT:
A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at a Concrete Monument at the Southeast corner of said
Section 27, thence S 8857'55" W, 2834.49 feet along the South line of
said Section 27 to the southeast corner of a tract of land recorded in the land
records of the County Recorder's Office in book 1060 at page 880; thence
N 0037'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at
the northeasterly corner of said tract, and being the point of beginning;
thence continuing N 0037'30" W, 50.00 feet along the east line of a tract
of land recorded in the land records of the County Recorder's Office in book
897 at page 770; thence N 8857'54" E, 158.81 feet to the beginning of a
curve concave to the northwest having a central angle of 9021'56" and a
radius of 421.67 feet; thence along said curve in a northeasterly direction,
665.05 feet; thence N 01c,24'01" W, 924.08 feet to a point on the south
line of a tract of land recorded in the land records of the County Recorder's
Office in book 810 at page 790; thence N 8922'30" E, 50.00 feet; thence
leaving said south line, S 01 24'01 " E, 923.40 feet to the beginning of a
curve concave to the northwest having a central angle of 9021'56" and a
radius of 471.67 feet; thence along said curve in a southwesterly direction,
743.91 feet; thence S 8857'55" W, 159.17 feet to the point of beginning
and containing 2.051 acres.
ARTICLE 4. The City of Cape Girardeau, Missouri, hereby accepts a
Temporary Construction Easement for construction of a rail spur, executed by
Biokyowa, Inc. on property located in the Nash Road Industrial Park in the County of
Cape Girardeau, State of Missouri, more particularly described as follows, to -wit:
A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED,
TO -WIT:
a
A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at a Concrete Monument at the Southeast corner of said
Section 27, thence S 8857'55" W, 2834.49 feet along the South line of
said Section 27 to the southeast corner of a tract of land recorded in the land
records of the County Recorder's Office in book 1060 at page 880; thence
N 00°37'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at
the northeasterly corner of said tract, and being the point of beginning:
thence along the north line of said tract the following courses and distances:
S 8857'55" W, 660.82 feet to the beginning of a curve concave to the
northeast having a central angle of 8949'43" and a radius of 471.67 feet;
thence along said curve in a northwesterly direction, 739.49 feet; thence N
0112'23" W, 516.22 feet to the beginning of a curve concave to the
southwest having a central angle of 1637'37" and a radius of 528.34 feet;
thence along said curve in a northwesterly direction, 153.32 feet; thence S
7210'01 " W, 100.00 feet to the northwesterly corner of said tract, said
point being the beginning of a non -tangent curve concave to the southwest
having a central angle of 0559'20" and a radius of 428.34 feet from which
a radial line bears S 7210'01 " W; thence along said curve in a
northwesterly direction, 44.77 feet; thence N 6610'41 " E, 150.00 feet to
the beginning of a non -tangent curve concave to the southwest having a
central angle of 22- 36' 57" and a radius of 578.34 feet from which a radial
line bears S 6610'41 " W; thence along said curve in a southeasterly
direction, 228.28 feet; thence S 01o12'23" E, 516.22 feet to the beginning
of a curve concave to the northeast having a central angle of 8949'43" and
a radius of 421.67 feet; thence along said curve in a southeasterly direction,
661.10 feet; thence N 8857'55" E, 661.17 feet to a point on the east line
of a tract of land recorded in the land records of the County Recorder's
Office in book 897 at page 770; thence S 0037'30" E, 50.00 feet to the
point of beginning and containing 2.521 acres.
ARTICLE 5. This ordinance shall be in full force and effect ten days after its
passage and approval.
PASSED AND APPROVED THIS.k DAY OFi�r'Lcv���f , 2000.
ATTEST:
Gayle L ' onrad, City Clerk
3
No. 1485 Rev. PRINTED AND POR SALE BY STANDARD PRINTING CO., HANNIBAL, NO. P j y Po . 4
Warranty Deed by Corporation
KNOW ALL MEN BY THESE PRESENTS:
That Cape Girardeau Chamber of Commerce, a Missouri BenevolE-nt Corporation
of the County of Cape Girardeau in the State of Missouri A CORPORATION
organized and existing under the laws of the State of Missouri party of the first part, in consideration of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION ------------------------------- DOLLARS,
to it paid by The Resin Exchange, Inc., a Missouri Corporation
of the County of Cape Girardeau and State of Missouri pay
of the second part, (mailing address of said first named grantee is
P.O. Box 758, Cape Girardeau, Missouri 63702-0758
the receipt whereof is hereby acknowledged, and by virtue and pursuance of a RESOLUTION OF THE BOARD OF DIRECTORS
of said party of the first part, does by these presents, GRANT, BARGAIN, SELL, CONVEY AND CONFIRM unto the said part
of the second part its heirs and assigns, the following described lots, tracts or parcels of land,
lying, being and situate in the County of Cape Girardeau and State of Missouri
to -wit:
Part of the North Half of the Southeast Quarter of SE'ction 27, Township 30
North, Range 13 East, Cape Girardeau County, Missouri, described as "follows:
Cominencing at toe Northwest corner of the Southeast quarter of said Section 27,
thence South 00 41' 29" West a distance of 90.0 feeto a point on the South
right-of-way line of Nash Road (Route AB); thence South 89 18' 31" East along said
right-of-way line a distance of 530.00 feet to the place of beginning; thence South
89 18' 31" East along said right-of-way line, a distance of 8 3.33 feet; thence
South 00 41' 29" West a distance of 808.33 feet; thence North 89 18' 31" West a
distance of 833.33 feet; thence North OOo 41' 29" East a distance of 808.33 feet to
the place of beginning, containing 15.46 acres, more or less. The West line of the
above described tract is common to the East line of a tract heretofore conveyed to
Penzel and Company, Incorporated.
Subject to all restrictions and easements of record.
Subject to an easement reserved to Greater Cape Girardeau Development
Corporation, its successors and assigns, for railroad purposes over the West 25 feet
of the above-described 15.46 acre tract.
Subject to an easement reserved to Greater Cape Girardeau Development
Corporation, its successors and assigns, over the east 50 feet of the above-described
15.46 acre tract for utility, sewer, and drainage purposes.
. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances, and
immunities thereto belonging or in anywise appertaining unto the said part y of the second part, and unto
its. successors h A,t and assigns forever. The said party of the first part hereby covenanting that it is lawfully
seized of an indefeasible estate in fee in the premises herein conveyed; that it has good right to convey the same; that the said
premises are free and clear of any encumbrance done or suffered by it or those under whom it claims; and that it will Warrant
and Defend the title to the said premises unto the said party of the second part and unto its successors
;by,gxs and assigns forever, against the lawful claims and demands of all persons whomsoever
1987 taxes shall be prorated.
0 ,06 10�
PERMANENT EASEMENT BOOK I OT 6 PAGE 0124
KNOW ALL MEN BY THESE PRESENTS, GREATER CAPE GIRARDEAU
AREA BENEVOLENT ASSOCIATION, a Missouri not-for-profit corporation, in
consideration of the sum of one dollar ($1 .00) and other good and valuable
consideration, does hereby grant, bargain, sell and convey to the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "City", the
right, privilege, permission and authority to enter on and upon the lands which are
solely owned by the undersigned located in the City and County of Cape Girardeau,
Missouri, to -wit:
A STRIP OF LAND BEING 100 FEET WIDE, LYING 50 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED LINE, TO -WIT:
A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at the southwest corner of a tract of land recorded in the land
records of the County Recorder's Office in book 471 at page 479; Thence N
8922'30" E, 15.68 feet to the point of beginning; thence S 01 24'01 " E,
1271.86 feet to the beginning of a curve concave to the northwest having a
central angle of 9021'56" and a radius of 521.67 feet; thence along said
curve in a southwesterly direction, 822.77 feet to a point being 50 feet north
of and normal to the south line of said Section 27; thence S 8857'55" W,
819.98 feet to the beginning of a curve concave to the northeast having a
central angle of 8949'43" and a radius of 521.67 feet; thence along said
curve in a northwesterly direction, 817.88 feet to a point being 20 feet east
of and normal to the west line of a tract of land recorded in the land records
of the County Recorder's Office in book 897 at page 770; thence N
0112'23" W, 516.22 feet to the beginning of a curve concave to the
southwest having a central angle of 1637'37" and'a radius of 478.34 feet;
thence along said curve in a northwesterly direction, 138.81 feet and there
terminating at a point on the west line of said tract recorded in book 797 at
page 770.
The sidelines of the above described easement to be prolonged or shortened
to terminate at the south line of the tract of land recorded in the land records
of the County Recorder's Office in book no. 471 at page no. 479 and the
south line of the tract of land recorded in the land records of the County
Recorder's Office in book 810 at page 790.
Said right, privilege, permission and authority to enter on and upon said
property above described is granted for the purpose of enabling the City, its agents,
servants and assigns to install, construct, maintain, operate, repair, remove, reinstall,
replace one or more railroad spurs, tracks or switches, from time to time, together
with all the useful, necessary and proper adjuncts, appurtenances, and appliances in
connection therewith, in accordance with the plans and specifications for the
Biokyowa Railspur Project on file in the office of the City Engineer for the City of
Cape Girardeau, in, on, upon, over and across said described property, and for access
to perform all of the above.
BOOK 10 T 6 PAGE ®12 5
This easement and all rights, privileges, permission and authority herein
granted are irrevocable, shall run with the land and shall bind the heirs, executors,
administrators, successors and assigns of the Grantor.
The undersigned covenants that it has the legal right of possession of the
above described property and has legal right to execute this easement.
IN WITNESS WHEREOF, the undersigned has executed this easement on this
�4-k day of Qi j�«,s{ , 2000.
GREATER CAPE GIRARDEAR AREA
BENEVOLENT ASSOCIATION
/ G
i
R. J. 6Kinn6y, Pre ident
ATTEST:
ohn E. Mehner, Secretary
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of + , 2000, before me personally appeared
R. J. McKinney, to me personally Vhown, who being by me duly sworn, did state that
he is the President of Greater -Cape Girardeau Area Benevolent ,Association, and that
said instrument was signed in behalf of said corporation by authority of its Board of
Directors for the consideration stated therein and no other, and said R. J. McKinney
acknowledged said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in Cape Girardeau, Missouri the day and year first above
written*`.,
[Typed or Prifljqf�-Mpf Notary Public]
NOTARY PUBLIC STATE OF MISSOURI
CAPE GIRARDEAU COUNTY
MY COMMISSION EXP NOV 19,2000
E
d for Record
UG 31 2000
ryaak�q®ro M®.
cC .
P
BOOK 10 7 6 PAGE0126
STATE OF MISSOURI
County of Cape Girardeau, J ss
U I hereby certify that this instrument
was FILED FOR RECORD at the date
and time shown hereon and is recorded in
Book... /,Q7�p.... Page. ✓ay ...... I.
JANET ROBERT
Recorder of Deeds
By Q.f.. ..........
Deputy
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, GREATER CAPE GIRARDEAU
AREA BENEVOLENT ASSOCIATION, a Missouri not-for-profit corporation, in
consideration of the sum of one dollar ($1.00) and other good and valuable
consideration, does hereby grant, bargain, sell and convey to the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "City", the
right, privilege, permission and authority to enter on and upon the lands which are
solely owned by the undersigned located in the City and County of Cape Girardeau,
Missouri, to -wit:
A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED,
TO -WIT:
A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at a Concrete Monument at the Southeast corner of said
Section 27, thence S 8857'55" W, 2834.49 feet along the South line of
said Section 27 to the southeast corner of a tract of land recorded in the land
records of the County Recorder's Office in book 1060 at page 880; thence
N 0037'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at
the northeasterly corner of said tract, and being the point of beginning;
thence continuing N 0037'30" W, 50.00 feet along the east line of a tract
of land recorded in the land records of the County Recorder's Office in book
897 at page 770; thence N 8857'54" E, 158.81 feet to the beginning of a
curve concave to the northwest having a central angle of 9021'56" and a
radius of 421.67 feet; thence along said curve in a northeasterly direction,
665.05 feet; thence N 01-24'01" W, 924.08 feet to a point on the south
line of a tract of land recorded in the land records of the County Recorder's
Office in book 810 at page 790; thence N 8922'30" E, 50.00 feet; thence
leaving said south line, S 01 24'01 " E, 923.40 feet to the beginning of a
curve concave to the northwest having a central angle of 9021'56" and a
radius of 471.67 feet; thence along said curve in a southwesterly direction,
743.91 feet; thence S 8857'55" W, 159.17 feet to the point of beginning
and containing 2.051 acres.
Said right, privilege, permission and authority to enter on and upon said
property above described is granted for the purpose of enabling the City, its agents,
servants and assigns construction room and material and equipment storage for the
installation and construction of one or more railroad spurs, tracks or switches,
together with all the useful, necessary and proper adjuncts, appurtenances, and
appliances in connection therewith, in, on, upon, over and across said described
property, and for access to perform all of the above, in accordance with the plans
and specifications for the Biokyowa Railspur Project on file in the office of the City
Engineer.
This easement and all rights, privileges, permission and authority herein
granted shall bind the heirs, executors, administrators, successors and assigns of the
Grantor, and shall cease and terminate at the time the project is completed and
accepted by the City of Cape Girardeau City Council.
The undersigned covenants that it has the legal right of possession of the
above described property and has legal right to execute this easement.
IN WITNESS WHEREOF, the undersigned has executed this easement on this
"'!W day of uau-54- , 2000.
GREATER CAPE GIRARDEAR AREA
BENEVOLENT ASSOCIATION �z
-d
17,
n
rn
R.' inn y, rrsident 00
ATTEST;
ohn E. Mehner, Secreta
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this -JA day of ,�,t _, 2000, before me personally appeared
R. J. McKinney, to me personally mown, who being by me duly sworn, did state that
he is the President of Greater Cape Girardeau Area Benevolent Association, and that
said instrument was signed in behalf of said corporation by authority of its Board of
Directors for the consideration stated therein and no other, and said R. J. McKinney
acknowledged said instrument to be the free act .and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in Cape Girardeau, Missouri the day and year first above
written.
[Typed or PrirRtV NameECONRAf Notary Public]
My Commission Expires: NOtA10tj )WcSTATEOFMISSOURJ
II-! - orC``APtOIRARDEAUCOUNTy
MY COMMISSION 1;XP NOV 19,2000
)1100
it d for Record
AUG 01 2000
Janet
0412"
BOOK 1 t' 6 PAGE 0 1 2 9
STATE OF MISSOURI � ss
County of Cape Girardeau,
I hereby certify` that this instrument
was FILED FOR RECORD at the date
and time shown hereon and is recorded in
Book.. 10.7Ca .... Page. .l027.......
................
JANET ROBERT
Recorder of Deeds
B G�� ......... .
Y9
Deputy