HomeMy WebLinkAboutORD.2894.06-04-2001BILL NO. 2001-104
ORDINANCE No.`�
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF PROPERTY FOR THE
KINGSHIGHWAY/COMMERCIAL STREET
CHANNEL CONSTRUCTION PROJECT
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 provision of a drainage structure between Kingshighway and Cape La Croix Creek, just south
of Locust Street. 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.
ARTICLE 2. The properties designated for acquisition for this project are as follows:
TRACT 1.
DILLARD AND PATRICIA DALE
PERMANENT DRAINAGE EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU
MISSOURI CONTAINING 6,732 SQUARE FEET (MORE OR LESS), DESCRIBED AS
FOLLOWS: Commence at the intersection of the South Line of Locust Street with the East
Line of South Kingshighway; thence S 10°37'00" W along the East Line of South
Kingshighway, 271.95 feet to the Point of Beginning: thence S 79°23'00" E, 240.00 feet to
the West Line of Commercial Street; thence S 10°37'00" W along the West Line of
Commercial Street, 28.05 feet; thence N 79°23'00" W, 240.00 feet to the East Line of South
Kingshighway; thence N 10°37'00" E along the East Line of South kingshighway, 28.05 feet
to the Point of Beginning.
TRACT 2.
DILLARD AND PATRICIA DALE
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI CONTAINING 8,500 SQUARE FEET (MORE OR LESS), DESCRIBED AS
FOLLOWS: Commence at the intersection of the South Line of Locust Street with the
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East Line of South Kingshighway; thence S 10°37'00" W along the East Line of South
Kingshighway, 246.95 feet to the Point of Beginning: thence S 79°23'00" E, 190.00 feet;
thence N 10°37'00" E, 50.00 feet; thence S 79°23'00" E, 50.00 feet to the West Line of
Commercial Street; thence S 10°37'00" W along the West Line of Commercial Street, 75.00
feet; thence N 79°23'00" W, 240.00 feet to the East Line of South Kingshighway; thence N
10°37'00" E along the East Line of South Kingshighway, 25.00 feet to the Point of
Beginning.
TRACT 3.
FAIRVIEW PARTNERSHIP
PERMANENT DRAINAGE EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU
MISSOURI CONTAINING 7,491 SQUARE FEET (MORE OR LESS), DESCRIBED AS
FOLLOWS: Commence at the intersection of the South Line of Locust Street with the East
Line of Commercial Street; thence S 10°37'00" W along the East Line of Commercial Street,
237.00 feet to the Point of Beginning: thence S 41°45'52" E, 44.59 feet; thence S 79°23'00"
E, 164.90 feet; thence S 10°37'00" W, 35.00 feet; thence N 79°23'00" W, 200.00 feet to the
East Line of Commercial Street; thence N 10°37'00" E along the East Line of Commercial
Street, 63.00 feet to the Point of Beginning.
TRACT 4.
FAIRVIEW PARTNERSHIP
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI CONTAINING 12,009 SQUARE FEET MORE OR LESS), DESCRIBED
AS FOLLOWS: Commence at the intersection of the South Line of Locust Street with the
East Line of Commercial Street; thence S 10°37'00" W along the East Line of Commercial
Street, 165.00 feet to the Point of Beginning: thence S 79°23'00" E, 50.00 feet; thence S
1003700" W, 50.00 feet; thence S 79°23'00" E, 150.00 feet; thence S 10°37'00" W, 50.00
feet; thence N 79°23'00" W, 164.90 feet; thence N 41°45'52" W, 44.59 feet to the East Line
of Commercial Street; thence N 10°37'00" E along the East Line of Commercial Street,
72.00 feet to the Point of Beginning.
TRACT 5.
JERRY LIPPS
PERMANENT DRAINAGE EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 54 AND OUT LOT 86 IN SURVEY 2199,
TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE
GIRARDEAU MISSOURI CONTAINING 4,980 SQUARE FEET MORE OR LESS),
DESCRIBED AS FOLLOWS: Commence at the Northwest corner of Out Lot 54 in
Survey 2199, Township 30 North, Range 13 East; thence S 6°20'00" W along the West Line
of Out Lot 54, 520.37 feet to the Point of Beginning: thence southeasterly along the arc of a
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Curve to the Right having a Radius of 75.00 feet, 39.94 feet; thence S 3°18'57" W, 68.95
feet to the Point of Curve of a Curve to the Left having a Radius of 25.00 feet; thence
southeasterly along the arc of said Curve to the Left, 34.80 feet; to the Point of Tangent;
thence S 76°26'44" E, 194.79 feet; thence S 70'10'44'E, 308.74 feet; thence S 77°35'40" E,
69.37 feet to the West side of Cape LaCroix Creek thence S 14°41'00" E along the West
side of Cape LaCroix Creek, 26.46 feet; thence N 72°40'00" W, 621.18 feet to the West Line
of Out Lot 54; thence N 6°20'00" E along the West Line of Out Lot 54, 139.83 feet to the
Point of Beginning. Commence at the Northwest corner of Out Lot 54 in Survey 2199,
Township 30 North, Range 13 East; thence S 6°20'00" W along the West Line of Out Lot
54, 496.14 feet; thence N 79°23'00" W, 30.90 feet to the Point of Beginning: thence
continue N 79°23'00" W, 334.85 feet; thence N 10°37'00" E, 19.49 feet; thence S 78°56'06"
E, 184.14 feet; thence S 73°30'02" E, 132.55 feet to the Point of Curve of a Curve to the
Left having a Radius of 75.00 feet; thence southeasterly along the arc of said Curve to the
Left, 19.43 feet to the Point of Beginning.
TRACT 6.
JERRY LIPPS
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 54 AND OUT LOT 86 IN SURVEY 2199,
TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI CONTAINING 52,866 SQUARE FEET MORE OR LESS),
DESCRIBED AS FOLLOWS: Commence at the Northwest corner Out Lot 54 in Survey
2199, Township 30 North, Range 13 East thence S 6°20'00" W along the West Line of Out
Lot 54, 496.14 feet to the Point of Beginning: thence N 79°23'00" W, 30.90 feet to a point
in the arc of a Curve to the Right having a Radius of 75.00 feet; thence northwesterly along
the arc of said Curve to the Right, 19.43 feet to the Point of Tangent; thence N 73°30'02"
W, 132.55 feet; thence N 78°56'06" W, 184.14 feet; thence N 10°37'00" E, 25.00 feet;
thence S 78°56'06" E, 14.23 feet; thence S 87°27'57" E, 10 1. 12 feet; thence S 77°11'14" E,
106.07 feet; thence S 76°21'46" E, 100.12 feet; thence S 47°14'24" E, 117.17 feet; thence S
15050'39" E, 94.99 feet; thence S 76°14'45" E, 158.73 feet; thence S 73°59'34" E, 150.33
feet; thence S 66°21'53" E, 196.35 feet to a point on the West side of Cape LaCroix Creek;
thence S 14°41'00" E along the West side of Cape LaCroix Creek, 52.16 feet; thence N
77035'40" W, 69.37 feet; thence N 70°10'44" W, 308.74 feet; thence N 76°26'44" W, 194.79
feet to a point in a Curve to the Left having a Radius of 25.00 feet; thence northwesterly
along the arc of said Curve to the Left, 34.80 feet; thence N 3018'57" E, 68.95 feet to the
Point of Curve of a Curve to the Left having a Radius of 75.00 feet; thence northwesterly
along the arc of said Curve to the Left, 39.94 feet to a point in the West Line of Out Lot 54;
thence N 6°20'00" E along the West Line of Out Lot 54, 24.23 feet to the Point of
Beginning.
TRACT 7.
KUSS LAND DEVELOPMENT COMPANY
QUIT CLAIM DEED
A PARCEL OF LAND BEING A PART OF LOT 3 OF KUSS FUN PARK SUBDIVSION
IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE
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CTIY AND COUNTY OF CAPE GIRARDEAU MISSOURI CONTAINING 20,928
SQUARE FEET MORE OR LESS), DESCRIBED AS FOLLOWS: Begin at the Northwest
corner of Kuss Fun Park Subdivision; thence S 79°23'00" E along the North Line of said Lot 3,
567.35 feet to the Northeast corner of said Lot 3; thence S 6°06'00" W along the East Line of
said Lot 3, 167.57 feet; thence N 83°54'00" W, 29.61 feet; thence N 6°06'00" E, 140.00 feet;
thence N 79°23'00" W, 540.00 feet to a point on the East Line of Commercial Street; thence N
10°23'00" E along the East Line of Commercial Street, 29.82 feet to the Point of Beginning.
TRACT 8.
WILLIAM H. KUSS, BETTY J. KUSS, JAMES H. KUSS and RITA V. KUSS
PERMANENT DRAINAGE EASEMENT
A PARCEL OF LAND BEING IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU
MISSOURI CONTAINING 6,468 SQUARE FEET (MORE OR LESS), DESCRIBED AS
FOLLOWS: Commence at the intersection of the South Line of Locust Street with the East
Line of South Kingshighway; thence S 10°37'00" W along the East Line of South
Kingshighway, 300.00 feet to the Point of Beginning: thence S 79°23'00" E, 240.00 feet to
the West Line of Commercial Street; thence S 10°37'00" W along the West Line of
Commercial Street, 26.95 feet; thence N 79°23'00" W, 240.00 feet to the East Line of South
Kingshighway; thence N 10°37'00" E along the East Line of South Kingshighway, 26.95
feet to the Point of Beginning.
TRACT 9.
KERRY S. JOHNSON and AMY J. JOHNSON
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND BEING A PART OF LOT 3 OF KUSS FUN PARK
SUBDDIVISION IN OUT LOT 86 IN SURVEY 2199, TOWNSHIP 30 NORTH,
RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU MISSOURI
CONTAINING 8,089 SQUARE FEET (MORE OR LESS), DESCRIBED AS
FOLLOWS: Commence at the Northwest Corner of Kuss Fun Park Subdivision; thence S
10037'00" W, 29.83 feet to the point of beginning; thence N 79°23'00" E, 540.00 feet;
thence S 6°06'00" W, 140.00 feet; thence S 83°54'00" E, 29.61 feet; thence S 6°06'00" W,
30.11 feet; thence N 39°08'20" W, 58.81 feet; thence N 00°23'01" E, 23.06 feet; thence N
15045'03"E, 37.15 feet; thence N 21°28'30" W, 52.15 feet; thence N 73°30'02" W, 50.00
feet; thence N 77°26'09" W, 96.35 feet; thence N 67037'30" W, 50.99 feet, thence N
78056'06" W, 313.61 feet to the East Line of Commercial Street, thence N 10°37'00" W,
along the East Line of Commercial Street 4.13 feet to the point of beginning.
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 construction of this public drainage structure.
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ARTICLE 4. This ordinance shall be in full force and effect ten days after its
passage and approval.
PASSED AND APPROVED THIS L DAY OF. Q , , 2001.
A. Spradling, III
Mayor
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