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HomeMy WebLinkAboutORD.3690.07-17-2006BILL NO. 06- 142 ORDINANCE NO. AN ORDINANCE ACCEPTING FEE SIMPLE INTERESTS, PERMANENT EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, AND A RETAINING WALL CONSTRUCTION AND EASEMENT AGREEMENT FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF MT. AUBURN ROAD BETWEEN WILLIAM STREET AND BLOOMFIELD ROAD 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 Temporary Construction Easement Agreement executed by Radiology Investment Group, LC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 25 feet of Lot 6 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ALSO: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 5 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Retaining Wall Construction and Easement Agreement executed by Radiology Investment Group, LC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The north 13.50 feet of the east 10 feet of Lot 5 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Billy L. and Rebecca B. Ogborn, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: Page 1 of 13 All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 5.50 feet of Lot 4 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Billy L. and Rebecca B. Ogborn, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 5.5 feet of the south 119.50 feet of Lot 4 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by E.C.I. Assets, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Outlot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 15 feet of Lot 3 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Noel R. Botsch, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 17 feet of Lot 1 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34. ARTICLE 7. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Southeast Missouri Hospital Association, Inc., conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lots 59 and 60 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22. ALSO: Page 2of13 All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 43 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22 and the east 10 feet of Lot 24 of Doctor's Park Subdivision as recorded in Plat Book 8 at Page 14. ARTICLE 8. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by ORE, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the northeast corner of Lot 47 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22, said point being on the west right of way line of Mt. Auburn Road; Thence along said right of way line S 19°36'33" E, 96.79 feet to the True Point of Beginning; Thence continuing along said right of way line S 19°36'33" E, 135.50 feet; Thence leaving said right of way line S 70°23'27" W, 10.00 feet; Thence N 19°36'33" W, 135.50 feet; Thence N 70°23'27" E, 10.00 feet to the point of beginning. ARTICLE 9. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by ORE, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Outlot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lots 47 and 48 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22. ARTICLE 10. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by D & D Cape Investments, LP, conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 1 of Blattner First West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 15 at Page 89, said point being on the east right of way line of Mt. Auburn Road; Thence along said east right of way line N 19°36'33" W, 19.84; Thence leaving said east right of way line N 66°44'27" E, 18.74 feet; Thence S 23°15'33" E, 20.00 feet to a point on the north right of way line of Bloomfield Road; Thence along said north right of way line S 66°44'27" W, 10.50 feet; Thence S 67°58'27" W, 9.50 feet to the point of beginning, containing 386 square feet more or less. ARTICLE 11. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by D & D Cape Investments, LP conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: Page 3of13 All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The west 100 feet of Lot 1 of Blattner First West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 15 at Page 89, containing 17,645 square feet more or less. ARTICLE 12. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Gregory A. Tobin, Trustee of the Gregory A. Tobin Revocable Trust dated December 2, 1991, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The west 25 feet of Lot 19 of Blattner Third West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 17 at Page 27. All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 19 of Blattner Third West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 17 at Page 27, said point being on the east right of way line of Mt. Auburn Road; Thence along said east right of way line S 19°36'33" E, 178.91 feet to the beginning of a curve concave to the northeast having a central angle of 75°31'21" and a radius of 20.00 feet; Thence along said curve in a southeasterly direction 26.36 feet; Thence leaving said right of way line N 19°36'33" W, 198.29 feet to a point on the south line of said Lot 19; Thence along said south line S 70°19'24" W, 15.00 feet to the point of beginning, containing 2,899 square feet more or less. ARTICLE 13. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by DSW Development Corporation, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The west 17 feet of a tract of land as recorded in the land records of the County Recorder's Office in Book 653 at Page 163, containing 6,818 square feet more or less. ARTICLE 14. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by DLJ Cape, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The west 25 feet and the north 35 feet of the west 45 feet of a tract of land as recorded in the land records of the County Recorder's Office in Book 1395 at Page 228. Page 4 of 13 ARTICLE 15. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by DLJ Cape, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in Book 1395 at Page 228, said point being on the east right of way line of Mt. Auburn Road; Thence along said right of way line N 19°3633" W, 514.49 feet to the True Point of Beginning; Thence continuing along said right of way line N 19°36'33" W, 167.75 feet; Thence leaving said right of way line N 70°23'27" E, 10.00 feet; Thence S 19°36'33" E, 167.75 feet; Thence S 70°23'27" W, 10.00 feet to the point of beginning. ARTICLE 16. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Medical Offices of Cape Girardeau, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of the north 23.50 feet of Lot 23 of Doctor's Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 17. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Medical Offices of Cape Girardeau, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 23 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 18. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Gerald and Joan Jones, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lots 21 and 22 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 19. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Gerald and Joan Jones, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: Page 5of13 All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 22 and the east 10 feet of the south 47.50 feet of Lot 21 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 20. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Cape Girardeau Doctors Park, Inc., conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Outlot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 25 feet of Lot 20 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ALSO: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the southwest corner of Lot 1 of Doctor's Park Third Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 14 at Page 34; Thence along the south line of said Lot 1 N 60°23'27" E, 81.23 feet to the True Point of Beginning; Thence continuing along said south line N 60°23'27" E, 28.91 feet to the beginning of a curve concave to the northwest having a central angle of 80°00'00" and a radius of 20.00 feet; Thence along said curve in a northeasterly direction 27.93 feet to a point on the west right of way line of Mt. Auburn Road; Thence along said west right of way line S 19°36'33" E, 101.54 feet to the point of cusp with a curve concave to the southwest having a central angle of 100°00'00" and a radius of 20.00 feet, said point being on the north line of Lot 3 of said subdivision; Thence leaving said right of way line and along said curve and said north line 34.91 feet; Thence S 60°23'27" W, 21.86 feet; Thence leaving said north line N 19°36'33" W, 60.93 feet to the point of beginning. ALSO: All the grantor's land lying in Outlot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the northwest corner of Lot 59 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22; Thence along said north line N 70°23'26" E, 128.26 feet to the True Point of Beginning; Thence continuing along said north line N 70°23'26" E, 15.00 feet to the beginning of a curve concave to the southwest having a central angle of 90°00'01" and a radius of 20.00 feet; Thence along said curve in a southeasterly direction 31.42 feet to a point on the west right of way line of Mt. Auburn Road; Thence along said right of way line N 19°36'33" W, 90.00 feet to the point of cusp with a curve concave to the northwest having a central angle of 89°59'59" and a radius of 20.00 feet, said point being on the south line of Lot 48 of said subdivision; Thence along said curve and said south line 31.42 feet; Thence S 70°23'26" W, 15.00 feet; Thence leaving said south line S 19°36'33" E, 50.00 feet to the point of beginning. Page 6of13 ALSO: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the northeast corner of Lot 15 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14, said point being on the west right of way line of Mt. Auburn Road; Thence along said right of way line N 4°40'07" E, 32.76 feet to the southeast corner of Lot 1 of Park West Hospitality Center No. 1 as recorded in Plat Book 16 at Page 88; Thence leaving said right of way line and along the south line of said Lot 1 N 84017'06" W, 35.00 feet; Thence leaving said south line S 4040'07" W, 32.76 feet to the north line of said Lot 15; Thence along said north line S 84°16'33" E, 35.00 feet to the point of beginning. /Y1043 All the grantor's land lying in Outlot 85 of United States Private Survey No. 2199, and part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 36 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 21. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by Cape Girardeau Doctors Park, Inc., conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the northeast corner of Lot 15 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14, said point being on the west right of way line of Mt. Auburn Road; Thence along said right of way line N 4°40'07" E, 32.76 feet to the southeast corner of Lot 1 of Park West Hospitality Center No. 1 as recorded in Plat Book 16 at Page 88; Thence leaving said right of way line and along the south line of said Lot 1 N 84017'06" W, 10.00 feet; Thence leaving said south line S 4°40'07" W, 32.76 feet to the north line of said Lot 15; Thence along said north line S 84°16'33" E, 10.00 feet to the point of beginning. ARTICLE 22. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Cape Girardeau Doctors Park, Inc., conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of the south 29 feet of Lot 36 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 23. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Robert and Donna Pritchard, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: Page 7of13 All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 37 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 24. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Robert and Donna Pritchard, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet and the east 25 feet of the south 25 feet of Lot 37 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 25. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by CCRM Real Estate, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lots 18 and 19 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 26. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Richard A. Martin and Susan A. Martin, Trustees of the Susan A. Martin Revocable Living Trust Agreement dated December 28, 1992, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 17 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. ARTICLE 27. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by OB -GYN Specialists of SEMO Real Estate, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lots 15 and 16 and the east 35 feet of the north 25 feet of lot 15 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14. Page 8of13 ARTICLE 28. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by OB -GYN Specialists of SEMO Real Estate, LLC, conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of the north 35 feet of Lot 15 of Doctor's Park Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 8 at Page 14, containing 350 square feet more or less. ARTICLE 29. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by Midamerica Hotels Corporation, conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southeast corner of Lot 1 of Park West Hospitality Center No. 1 as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 88, said point being on the west right of way line of Mt. Auburn Road; Thence along said right of way line N 4°40'07" E, 25.00 feet; Thence leaving said right of way line N 84°17'06" W, 3.00 feet; Thence S 4°40'07" W, 16.00 feet; Thence S 42°56'36" W, 11.30 feet to a point on the south line of said Lot 1; Thence along said south line S 84°17'06" E, 10.00 feet to the point of beginning, containing 107 square feet more or less. ARTICLE 30. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Midamerica Hotels Corporation, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet and the east 35 feet of the south 10 feet of Lot 1 of Park West Hospitality Center No. 1 as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 88, containing 2,647 square feet more or less. ALSO: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the northeast corner of Lot 1 of Park West Hospitality Center No. 1 as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 88, said point being on the west right of way line of Mt. Auburn Road; Thence along said right of way line N 4°40'07" E, 629.32 feet to a point on the south right of way line of Missouri State Route "IC% Thence along said south right of way line N 27°06'16" W, 4.37 feet; Thence leaving said south right of way line S 4°40'07" W, 58.12 feet; Thence N 85019'53" W, 2.70 feet; Thence S 4°40'07" W, 295.00 feet; Thence N 85019'53" W, 30.00 feet; Thence S 4°40'07" W, 60.00 feet; Thence S 85°19'53" E, 30.00 feet; Thence S 4040'07" Page 9of13 W, 155.00 feet; Thence N 85°19'53" W, 30.00 feet; Thence S 4°40'07" W, 65.00 feet to the north line of said Lot 1; Thence along said north line S 85°27'47" E, 35.00 feet to the point of beginning, containing 0.16 acres (6,753 square feet) more or less. ARTICLE 31. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Midamerica Hotels Corporation, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in part of United States Private Survey No. 3090, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the southeast corner of Lot 1 of Park West Hospitality Center No. 1 as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 88, said point being on the west right of way line of Mt. Auburn Road; Thence along said right of way line N 4°40'07" E, 25.00 feet; Thence leaving said right of way line N 84°17'06" W, 3.00 feet to the True Point of Beginning; Thence continuing N 84°17'06" W, 3.00 feet; Thence S 4°40'07" W, 19.86 feet; Thence N 42°56'36" E, 4.84 feet; Thence N 4°40'07" E, 16.00 feet to the point of beginning, containing 54 square feet more or less. ARTICLE 32. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Efren and Aracely Montano, Refujio and Miriam Reyes and Socrates Montano, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The west 45 feet of Lot 1 of West Park I Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 52. ARTICLE 33. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by Efren and Aracely Montano, Refujio and Miriam Reyes and Socrates Montano, conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the northwest corner of Lot 1 of West Park I Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 52, said point being on the east right of way line of Mt. Auburn Road; Thence along said right of way line S 4°40'07" W, 20.00 feet; Thence leaving said right of way line N 41°31'56" E, 25 feet to a point on the north line of said Lot 1; Thence along said north line N 85°20'56" W, 15.00 feet to the point of beginning, containing 150 square feet more or less. ARTICLE 34. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by RAD Investments, Inc., conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to - wit: Page 10 of 13 All the grantor's land lying in Oudot 84 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the Northwest corner of Lot 1 of West Park 1 Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 52, said point being on the east right of way line of Mt. Auburn Road; Thence along said east right of way line N 4°40'07" E, 74.00 feet to the southwest corner of a tract of land recorded in Book 1173 at page 852, said point being the True Point of Beginning; Thence continuing along said right of way line and the west line of said tract N 4040'07" E, 25.00 feet; Thence leaving said right of way line and said west line S 85°19'53" E, 15.00 feet; Thence S 4°40'07" W, 25.01 feet to the south line of said tract; Thence along said south line N 85°16'42" W, 15.00 feet to the point of beginning, containing 375 square feet more or less. ARTICLE 35. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by RAD Investments, Inc., conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 84 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the Northwest corner of Lot 1 of West Park 1 Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 16 at Page 52, said point being on the east right of way line of Mt. Auburn Road; Thence along said east right of way line N 4°40'07" E, 74.00 feet to the southwest corner of a tract of land recorded in book 1173 at page 852, said point being the True Point of Beginning; Thence continuing along said right of way line and the west line of said tract N 4040'07" E, 850.07 feet to a point on the south right of way line of Missouri State Route "K"; Thence along said south right of way line N 66°22'02" E, 11.36 feet; Thence leaving said right of way line S 4°40'07" W, 205.46 feet; Thence S 85°19'53" E, 20.00 feet; Thence S 4°40'07" W, 70.00 feet; Thence N 85°19'53" W, 20.00 feet; Thence S 4°40'07" W, 305.00 feet; Thence S 85°19'53" E, 10.00 feet; Thence S 4°40'07" W, 50.00 feet; Thence N 85°19'53" W, 10.00 feet; Thence S 4°40'07" W, 225.00 feet to the south line of said tract recorded in book 1173 at page 852; Thence along said south line N 85°16'42" W, 10.00 feet to the point of beginning, containing 10,428 square feet more or less. ARTICLE 36. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Delbert Lee and Patricia M. Cobb, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 20 feet of Lot 44 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22. ARTICLE 37. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Delbert Lee and Patricia M. Cobb, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: Page 11 of 13 All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The east 10 feet of Lot 44 of Doctor's Park Second Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 12 at Page 22. ARTICLE 38. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Medical Properties, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Outlot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the southwest corner of Lot 3 of Blattner First West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 15 at Page 89, said point being on the east right of way line of Mt. Auburn Road; Thence along said right of way line N 19036'33" W, 78.18 feet to the True Point of Beginning; Thence continuing along said right or way line N 19036'33" W, 173.75 feet; Thence leaving said right of way line N 70°23'27" E, 10.00 feet; Thence S 19°36'33" E, 173.75 feet; Thence S 70°23'27" W, 10.00 feet to the point of beginning. ARTICLE 39. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Medical Properties, LLC, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to -wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: The west 20 feet of Lot 3 of Blattner First West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 15 at Page 89. ARTICLE 40. The City of Cape Girardeau, Missouri hereby accepts fee simple interest executed by Medical Properties, LLC, conveying property to the City of Cape Girardeau, Missouri for the improvement of Mt. Auburn Road between William Street and Bloomfield Road, more particularly described as follows, to - wit: All the grantor's land lying in Oudot 85 of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the southwest corner of Lot 3 of Blattner First West Subdivision as recorded in the land records of the County Recorder's Office in Plat Book 15 at Page 89, said point being on the east right of way line of Mt. Auburn Road; Thence along said right of way line N 19°36'33" W, 270.00 feet to the True Point of Beginning; Thence continuing along said right or way line N 19°36'33" W, 20.00 feet to the northwest corner of said Lot 3, said point being on the south right of way line of Blattner Drive; Thence along said south right of way line N 70°24'17" E, 20.00 feet; Thence leaving said south right of way line S 25°23'27" W, 28.28 feet to the point of beginning, containing 200 square feet more or less. ARTICLE 41. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF �. U 2006. Page 12of13 airy uierx Page 13 of 13