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Home My WebLink AboutORD.2988.04-01-2002BILL NO. 02-56 ORDINANCE No. a9c AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD BETWEEN MT. AUBURN ROAD AND KINGSHIGHWAY 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 improvement of Silver Springs Road between Mt. Auburn Road and Kingshighway. 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. DRURY SOUTHWEST, INC., A MISSOURI CORPORATION GENERAL WARRANTY DEED THAT PART OF UNITED STATES PRIVATE SURVEYS NO. 173 AND 319, TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222, being in Township 30 North, Range 13 East; thence South 4718'27" West, 2311.62 feet, to the point of beginning; thence North 84°44'42" West, 39.93 feet; thence South 04041'39" West, 301.53 feet; thence with the arc of a curve to the left, having a radius of 840.00 feet, a distance of 190.18 feet; thence South 08016'40" East, 341.96 feet; thence along the arc of a curve to the left, having a radius of 1040.00 feet, a distance of 18.40 feet; thence North 88°32'37" East, 50.08 feet, to a point in the center of Silver Springs Road; thence with the center of said road, North 13°30'06" West, 270.32 feet; thence along the arc of a curve to the right, having a radius of 552.26 feet, a distance of 174.94 feet; thence North 04°38'52" East, 406.65 feet to the point of beginning and containing 30,689 square feet, 0.70 acres, more or less. Subject to any easements of record. Page 1 of 4 TRACT 2. DRURY SOUTHWEST, INC., A MISSOURI CORPORATION TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEYS NO. 173 AND 319, TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GMARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222, being in Township 30 North, Range 13 East; thence South 47018'27" West, 2311.62 feet; thence North 8404442" West, 39.93 feet, to the point of beginning; thence South 04041'39" West, 301.53 feet; thence with the arc of a curve to the left, having a radius of 840.00 feet, a distance of 190.18 feet; thence South 08016'40" East, 341.96 feet; thence along the arc of a curve to the left, having a radius of 1040.00 feet, a distance of 18.40 feet; thence South 88032'37" West, 15.27 feet; thence North 08016'40" West, 70.30 feet; thence North 81°43'20" East, 5.00 feet; thence North 08016'40" West, 288.25 feet; thence along the arc of a curve to the right, having a radius of 850.00 feet, a distance of 192.44 feet; thence North 04041'39" East, 301.62 feet; thence South 84°4442" East, 10.00 feet, to the point of beginning and containing 8,880 square feet, more or less. TRACT 3. MIDAMERICA HOTELS CORP., A MISSOURI CORPORATION GENERAL WARRANTY DEED THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173, TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222, being in Township 30 North, Range 13 East; thence South 76009'13" West, 1689.48 feet, to the point of beginning; thence South 10001'02" West, 34.65 feet; thence South 04041'39" West, 1129.10 feet; thence South 8404442" East, 39.93 feet; thence North 04038'52" East, 619.28 feet; thence North 05105'33" East, 544.42 feet; thence North 84051'49" West, 40.00 feet, to the point of beginning and containing 47,011 square feet, or 1.079 acres, more or less. Subject to any easements of record. TRACT 4. MIDAMERICA HOTELS CORP., A MISSOURI CORPORATION TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEYS NO 173 AND 174, TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 2 of 4 Commence at the Southwest corner of United States Private Survey No. 222, being in Township 30 North, Range 13 East; thence South 76009'13" West, 1689.48 feet, to the point of beginning; thence South 10101'02" West, 34.65 feet; thence South 04041'39" West, 1129.10 feet; thence North 8404442" West, 15.00 feet; thence North 04°41'39" East, 345.56 feet; thence North 60120'04" West, 302.84 feet, to a point on the east right of way line of Interstate 55; thence with said right of way line, along the arc of a non -tangent curve being concave to the west, having a radius of 5864.58 feet, a distance of 56.60 feet (the chord across said arc bears North 11040'09" West, 56.60 feet); thence leaving said right of way line, South 60020'04" East, 336.98 feet; thence North 04041'39" East, 16.55 feet; thence North 60120'04" West, 343.36 feet, to a point on the east right of way line of Interstate 55; thence with said right of way line, along the arc of a non -tangent curve being concave to the west, having a radius of 5864.58 feet, a distance of 70.82 feet (the chord across said arc bears North 12029'16" West, 70.82 feet); thence leaving said right of way line, South 60020'04" East, 344.38 feet; thence North 04141'39" East, 815.97 feet; thence South 85018'21" East, 27.19 feet, to the west right of way line of Silver Springs Road; thence with said right of way line, along the arc of a non -tangent curve being concave to the east, having a radius of 440.00 feet, a distance of 51.69 feet (the chord across said arc bears South 08030'08" West, 51.66 feet); thence South 05008'11" West, 70.19 feet, to the point of beginning and containing 54,673 square feet, or 1.255 acres, more or less. TRACT 5. MIDAMERICA HOTELS CORP., A MISSOURI CORPORATION PERMANENT EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEYS NO. 173 AND 174, TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222, being in Township 30 North, Range 13 East; thence South 76109'13" West, 1689.48 feet; thence South 10°01'02" West, 34.65 feet; thence South 04041'39" West, 726.95 feet, to the point of beginning; thence North 60020'04" West, 343.36 feet, to a point on the east right of way line of Interstate 55; thence with said right of way line, with the arc of a non -tangent curve being concave to the west, having a radius of 5864.58 feet, a distance of 20.09 feet (the chord of said arc bears South 12002'37" East, 20.09 feet); thence leaving said right of way line, South 60020'04" East, 336.98 feet; thence North 04041'39" East, 16.55 feet, to the point of beginning and containing 5,102 square feet, more or less. Page 3 of 4 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 �ayte L. �t;ptiraett City -Clerk Mayor Page 4 of 4 , 2002.