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HomeMy WebLinkAboutORD.3003.05-06-2002BILL NO. 02-81 ORDINANCE No. 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. CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 GENERAL WARRANTY DEED THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222; thence with the South line of said U.S. Survey, South 83042156" East, 182.31 feet; thence leaving said South line, South 21054'57" West, 289.85 feet; thence South 68005103" East, 32.66 feet; thence South 21054'57" West, 2696.47 feet; thence North 68005103" West, 749.16 feet, to the point of beginning; thence North 14036126" West, 39.72 feet; thence along the arc of a curve to the right having a radius of 960.00 feet, a distance of 106.05 feet; thence North 08016'40" West, 341.96 feet; thence North 81043'20" East, 5.00 feet; thence along the arc of non -tangent curve being concave to the East, having a radius of 755.00 feet, a distance of 170.93 feet (the chord across said arc bears North 0104731" West, 170.57 feet); thence North 04041139" East, 1430.63 feet; thence North 01040'28" East, 33.93 feet; thence continue with the South right of way line of Silver Springs Road, North 84051149" West, 40.00 feet; thence leaving said right of way line, South 05005'33" West, 544.42 feet; thence South 04038'52" West, 1025.93 feet; thence along the arc of a curve to the left, having a radius of 552.26 feet, a distance of 174.94 feet; thence South 13030'06" East, 313.74 feet; thence along the arc of a curve to the left, having a radius of 495.27 feet, a distance of 62.99 feet; thence South 68005103" East, 30.87 feet, to the point of beginning and containing 94,382 square feet, or 2.17 acres, more or less. Subject to any easements of record. TRACT 2. CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222; thence with the South line of said U.S. Survey, South 8304256" East, 182.31 feet; thence leaving said South line, South 21°54'57" West, 289.85 feet; thence South 68°05'03" East, 32.66 feet; thence South 21054'57" West, 2696.47 feet; thence North 68005'03" West, 736.72 feet, to the point of beginning; thence North 68005103" West, 12.44 feet; thence North 14036'26" West, 39.72 feet; thence along the arc of a curve to the right having a radius of 960.00 feet, a distance of 106.05 feet; thence North 08016140" West, 341.96 feet; thence North 81043120" East, 5.00 feet; thence along the arc of non -tangent curve being concave to the East, having a radius of 755.00 feet, a distance of 113.48 feet (the chord across said arc bears North 3058119" West, 113.37 feet); thence North 19035'31" East, 52.43 feet; thence North 70024129" West, 16.20 feet; thence along the arc of a non -tangent curve being concave to the East, having a radius of 755.00 feet, a distance of 2.57 feet (the chord across said arc bears North 4035148" East, 2.57 feet); thence North 0441'39" East, 1430.63 feet; thence North 01040'28" East, 33.93 feet, to a point on the East right of way line of Silver Springs Road; thence with said right of way line, North 05008'11" East, 70.19 feet; thence with a curve to the right, having a radius of 360.00 feet, a distance of 61.74 feet; thence North 56008101" East, 19.81 feet, thence leaving said right of way line, South 04041'39" West, 620.26 feet; thence South 40018'48" East, 28.28 feet; thence South 85019114" East, 45.00 feet; thence South 04041'39" West, 62.58 feet; thence North 85018121" West, 65.00 feet; thence South 04041139" West, 675.00 feet; thence South 85018121" East, 65.00 feet; thence South 04041139" West, 195.00 feet; thence North 85018'21" West, 65.00 feet; thence South 04041139" West, 35.63 feet; thence along the arc of a curve to the left, having a radius of 735.00 feet, a distance of 166.41 feet; thence South 08016'40" East, 78.25 feet; thence North 81043120" East, 10.00 feet; thence South 08016140" East, 85.00 feet; thence South 81043'20" West, 25.00 feet; thence South 08016140" East, 178.71 feet; thence along the arc of a curve to the left, having a radius of 950.00 feet, a distance of 104.94 feet; thence South 14036126" East, 47.12 feet to the point of beginning and containing 60,189 square feet, or 1.38 acres, more or less. TRACT 3. CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 PERMANENT STORM SEWER EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222; thence with the South line of said U.S. Survey, South 83042156" East, 182.31 feet; thence leaving said South line, South 21054157" West, 289.85 feet; thence South 68005'03" East, 32.66 feet; thence South 21054'57" West, 2696.47 feet; thence North 68005'03" West, 749.16 feet; thence North 14036'26" West, 39.72 feet; thence along the arc of a curve to the right having a radius of 960.00 feet, a distance of 106.05 feet; thence North 08016'40" West, 341.96 feet; thence North 81043120" East, 5.00 feet; thence along the arc of non -tangent curve being concave to the East, having a radius of 755.00 feet, a distance of 113.48 feet (the chord across said arc bears North 3058119" West, 113.37 feet), to the point of beginning; thence North 19035131" East, 52.43 feet; thence North 70024129" West, 16.20 feet; thence along the arc of a non -tangent curve concave to the East, having a radius of 755.00 feet, a distance of 54.88 feet (the chord across said arc bears South 02°24'59" West, 54.87 feet, to the point of beginning and containing 443 square feet, more or less TRACT 4. CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 PERMANENT DETENTION BASIN EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222; thence with the South line of said U.S. Survey, South 83042156" East, 182.31 feet; thence leaving said South line, South 21°54'57" West, 289.85 feet; thence South 68005103" East, 32.66 feet; thence South 21054'57" West, 2391.60 feet, to the point of beginning; thence North 68005'03" West, 20.00 feet; thence North 21054'57" East, 55.19 feet; thence North 85020'11" West, 464.14 feet; thence South 0444'42" West, 232.78 feet; thence South 68005103" East, 394.54 feet; thence North 21054'57" East, 304.87 feet, to the point of beginning and containing 127,548 square feet, or 2.93 acres, more or less. TRACT 5. CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 PERMANENT WATERLINE AND UTILITIES EASEMENT THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey No. 222; thence with the South line of said U.S. Survey, South 8342'56" East, 182.31 feet; thence leaving said South line, South 21054157" West, 289.85 feet; thence South 68005103" East, 32.66 feet; thence South 21054157" West, 1931.60, to the point of beginning; thence continue South 21054'57" West, 460.00 feet; thence North 68005103" West, 20.00 feet; thence North 21054'57" East, 460.00 feet; thence South 68005103" East, 20.00 feet, to the point of beginning and containing 9200 square feet, or 0.21 acres, more or less. 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 effect ten days after its passage and approval. PASSED AND APPROVED THIS G'a1e -'L-"-:-Conrad, City Clerk force and DAY OF Jay B. Knudtson, Mayor