HomeMy WebLinkAboutORD.3009.06-03-2002BILL NO. 02-94
AN ORDINANCE
PROPERTY FOR
SPRINGS ROAD
KINGSHIGHWAY
ORDINANCE No. 73
AUTHORIZING THE ACQUISITION OF
THE IMPROVEMENT OF SILVER
BETWEEN MT. AUBURN ROAD AND
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.
EARL H. NORMAN REVOCABLE LIVING TRUST OF DECEMBER
4,1987 GENERAL WARRANTY DEED
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 30 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 68005103" East, 32.66 feet;
thence South 21054157" West, 2696.47 feet; thence
North 68005103" West, 780.03 feet, to the point of
beginning; thence along the arc of a non -tangent curve
being concave to the Northeast, having a radius of
495.27 feet, a distance of 62.99 feet (the chord
across said arc bears North 17008142" West, 62.94
feet); thence North 13030106" West, 43.42 feet; thence
South 88032137" West, 50.08 feet; thence along the arc
of a non -tangent curve being concave to the Northeast,
having a radius of 1040.00, a distance of 96.48 feet
(the chord across said arc bears, South 11056158"
East, 96.45 feet); thence South 14036126" East, 524.00
feet; thence along the arc of a curve to the left,
having a radius of 640.00 feet, a distance of 399.68
feet; thence South 50023118" East, 437.13 feet; thence
South 39036142" West, 10.00 feet; thence South
50023118" East, 216.83 feet, to a point on the
Northwest right of way line, of U.S. Highway 61;
thence with said right of way line, along the arc of a
non -tangent curve, being concave to the Northwest,
having a radius of 2779.93 feet, a distance of 100.22
feet (the chord across said arc bears North 35051148"
East, 100.21 feet); thence leaving said right of way
line, North 50023118" West, 156.27 feet, to a point on
the South 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 Northeast,
having a radius of 185.00 feet, a distance of 128.07
feet (the chord across said arc bears North 54057127"
West, 125.53 feet); thence North 50023118" West,
366.01 feet; thence along the arc of a curve to the
right, having a radius of 560.00 feet, a distance of
349.72 feet; thence North 14036126" West, 392.70 feet;
thence along the arc of a non -tangent curve being
concave to the Northeast, having a radius of 495.27
feet, a distance of 112.96 feet (the chord across said
arc bears North 27°19'20" West, 112.71 feet), to the
point of beginning and containing 129,919 square feet,
or 2.98 acres, more or less, being subject to any
easements of record.
TRACT 2.
EARL H. NORMAN REVOCABLE LIVING TRUST OF DECEMBER
4,1987 PERMANENT DRAINAGE EASEMENT
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 30 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 68005103" East, 32.66 feet;
thence South 21054157" West, 2696.47 feet; thence
North 68005103" West, 780.03 feet; thence along the
arc of a non -tangent curve being concave to the
Northeast, having a radius of 495.27 feet, a distance
of 62.99 feet (the chord across said arc bears North
17008142" West, 62.94 feet); thence North 13030106"
West, 43.42 feet; thence South 88032137" West, 50.08
feet; thence along the arc of a non -tangent curve
being concave to the Northeast, having a radius of
1040.00, a distance of 96.48 feet (the chord across
said arc bears, South 11056158" East, 96.45 feet);
thence South 14036126" East, 524.00 feet; thence along
the arc of a curve to the left, having a radius of
640.00 feet, a distance of 399.68 feet; thence South
50023118" East, 24.53 feet, to the point of beginning;
thence South 46047100" West, 407.80 feet, to a point
on the Northeast 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 Northeast,
having a radius of 915.34 feet, a distance of 25.01
feet (the chord across said arc bears South 45000125"
East, 25.01 feet); thence leaving said right of way
line, North 46047100" East, 410.16 feet; thence North
50023118" West, 25.20 feet, to the point of beginning
and containing 10,226 square feet, or 0.23 acres, more
or less.
TRACT 3.
EARL H. NORMAN REVOCABLE LIVING TRUST OF DECEMBER
4,1987 TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 30 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 68005103" East, 32.66 feet;
thence South 21054157" West, 2696.47 feet; thence
North 68005103" West, 780.03 feet; thence along the
arc of a non -tangent curve being concave to the
Northeast, having a radius of 495.27 feet, a distance
of 112.96 feet (the chord of said arc bears South
27019120" East, 112.71 feet), to the point of
beginning; thence continue along said arc a distance
of 0.68 feet; thence South 33056105" East, 201.19
feet; thence South 75023134" West, 56.81 feet; thence
South 14036126" East, 202.21 feet; thence along the
arc of a curve to the left, having a radius of 550.00
feet, a distance of 240.01 feet; thence North
50023124" East, 5.00 feet; thence along the arc of a
non -tangent curve being concave to the Northeast,
having a radius of 545.00 feet, a distance of 102.52
feet (the chord across said arc bears South 44059157"
East, 102.37 feet); thence South 50023118" East,
315.04 feet, to a point on the South right of way line
of Silver Springs Road; thence with said right of way
line, South 33056157" East, 49.34 feet; thence along
the arc of a non -tangent curve being concave to the
Northeast, having a radius of 185.00 feet, a distance
of 162.68 feet (the chord across said arc bears South
59008125" East, 157.49 feet); thence leaving said
right of way line, South 50023118" East, 128.10 feet,
to a point on the North right of way line of U.S.
Highway 61; thence with said right of way line, along
the arc of a non -tangent curve being concave to the
Northwest, having a radius of 2779.93 feet, a distance
of 15.06 feet (the chord across said arc bears South
34040131" West, 15.06 feet); thence leaving said right
of way line, North 50023118" West, 156.27 feet, to a
point on said North right of way line; thence with
said right of way line, along the arc of a non -tangent
curve being concave to the Northeast, having a radius
of 185.00 feet, a distance of 128.07 feet (the chord
across said arc bears North 54057127" West, 125.53
feet); thence North 50023118" West, 366.01 feet;
thence along the arc of a curve to the right, having a
radius of 560.00 feet, a distance of 349.72 feet;
thence North 14036126" West, 392.70 feet, to the point
of beginning and containing 19,593 square feet, or
0.45 acres, more or less, being subject to any
easements of record.
ALSO:
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 30 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 US. Survey, South 83042156" 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, 2696.47 feet; thence
North 68105103" West, 780.03 feet; thence along the
arc of a non -tangent curve being concave to the
Northeast, having a radius of 495.27 feet, a distance
of 62.99 feet (the chord across said arc bears North
17008142" West, 62.94 feet); thence North 13030106"
West, 43.42 feet; thence South 88032137" West, 50.08
feet to the point of beginning; thence along the arc
of a non -tangent curve being concave to the Northeast,
having a radius of 1040.00 feet, a distance of 96.48
feet (the chord across said arc bears, South 11056158"
East, 96.45 feet); thence South 14036126" East, 524.00
feet; thence along the arc of a curve to the left,
having a radius of 640.00 feet, a distance of 399.68
feet; thence South 50023118" East, 24.53 feet; thence
South 46047100" West, 407.80 feet, to a point on the
Northeast 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 Northeast,
having a radius of 915.34 feet, a distance of 25.01
feet (the chord across said arc bears South 45000125"
East, 25.01 feet); thence leaving said right of way
line, North 46047100" East, 410.16 feet; thence South
50023118" East, 387.40 feet; thence South 39036142"
West, 10.00 feet; thence South 50023118" East, 216.83
feet, to a point on the Northwest right of way line,
of U.S. Highway 61; thence with said right of way
line, along the arc of a non -tangent curve, being
concave to the Northwest, having a radius of 2779.93
feet, a distance of 15.02 feet (the chord across said
arc bears South 37003103" West, 15.01); thence leaving
said right of way line, North 50023118" West, 217.50
feet; thence North 39036142" East, 10.00 feet; thence
North 50°23'18" West, 300.00 feet; thence South
39036142" West, 5.00 feet; thence North 50023118"
West, 79.84 feet; thence South 46047100" West, 390.76
feet, to a point on the Northeast 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 Northeast, having a radius of 915.34 feet, a
distance of 45.02 feet (the chord across said arc
bears North 45000126" West, 45.02 feet); thence
leaving said right of way line, North 46047100" East,
386.50 feet; thence North 50023118" West, 11.94 feet;
thence along the arc of a curve to the right, having a
radius of 660.00 feet, a distance of 179.16 feet;
thence North 55009152" East, 5.00 feet; thence along
the arc of a non -tangent curve being concave to the
northeast, having a radius of 655.00 feet, a distance
of 231.25 feet (the chord across said arc bears North
24043117" West, 230.05 feet); thence North 14036126"
West, 188.17 feet; thence South 75023134" West, 25.00
feet; thence North 14036126" West, 300.00 feet; thence
North 25020109" East, 46.73 feet; thence along the arc
of a non -tangent curve being concave to the Northeast,
having a radius of 1050.00 feet, a distance of 98.79
feet (the chord across said arc bears North 11054143"
West, 98.75 feet); thence North 88032137" East, 10.09
feet, to the point of beginning and containing 41,424
square feet, or 0.95 acres, more or less.
TRACT 4.
E & R LEASING COMPANY, A MISSOURI PARTNERSHIP
GENERAL WARRANTY DEED
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 30 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 US. Survey, South 83042156" 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, 2696.47 feet; thence
North 68005103" West, 749.16 feet, to the point of
beginning; thence continue North 68005103" West, 30.87
feet; thence along the arc of a non -tangent curve
being concave to the Northeast, having a radius of
495.27 feet, a distance of 112.96 feet (the chord
across said arc bears South 27019120" East, 112.71
feet); thence North 14036126" West, 91.58 feet, to the
point of beginning and containing 1,378 square feet,
or 0.03 acres, more or less. Subject to any easements
of record.
TRACT 5.
E & R LEASING COMPANY, A MISSOURI PARTNERSHIP
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 30 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 US. Survey, South 83042156" 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, 2696.47 feet, to the
point of beginning; thence North 68105103" West,
749.16 feet; thence South 14036126" East, 91.58 feet;
thence along the arc of a non -tangent curve being
concave to the Northeast, having a radius of 495.27
feet, a distance of 0.68 feet (the chord across said
arc bears South 33053144" East, 0.68 feet) thence
South 33056105" East, 201.19 feet; thence North
75023134" East, 213.25 feet; thence South 68005103"
East, 356.23 feet; thence North 21054157" East, 60.00
feet, to the point of beginning and containing 66,296
square feet, or 1.52 acre, 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 force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS 3,-Ct- DAY OF
2002.
Gayle L;`-Conrad,City Clerk
Af C Y
Jay/,6. Knudtson, Mayor