HomeMy WebLinkAboutORD.3731.10-23-2006BILL NO. 06- 207 ORDINANCE No.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR WATER SYSTEM IMPROVEMENTS
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 ingress/egress, the drilling of water wells, the extraction of water, and the installation of public
water transmission lines. 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.
BUZZI UNICEM USA
PERMANENT EASEMENT
A 20 foot wide utility easement being a part of Sections 18, 19 and 20 in Township 30
North, Range 14 East, Cape Girardeau County, Missouri and being further described by
metes and bounds as follows:
Commencing at the Common Quarter corner to said Sections 19 and 20 (Grid Coordinates:
N519,048.9602, E1,103,148.5830); thence N 0°56'28" W along the Section line between said
sections a distance of 17.73 feet; thence N 58°38'18" E a distance of 27.90 feet to the East
right-of-way line of the SEMO Port Railroad for the point of beginning, (Grid Coordinates:
N519,081.2095, E1,103,172.1117); thence N 31°21'42" W along said right-of-way line a
distance of 20.00 feet; thence N 58°38'18" E a distance of 90.00 feet; thence N 31°21'42" W
parallel to said railroad a distance of 2,620.33 feet; thence parallel to said railroad along a
curve to the right with radius of 1,524.00 and a chord bearing N 11°15'47" W - 1,047.40 feet
a distance of 1,069.20 feet; thence N 8°50'07" E parallel to said railroad a distance of
1,986.18 feet; thence along a curve to the left with a radius of 490.00 feet and a chord
bearing N 0°52'20" W - 165.25 feet a distance of 166.04 feet; thence N 10°34'48" W a
distance of 159.84 feet; thence along a curve to the right with a radius of 590.00 feet and a
chord bearing N 8°55'18" E - 29.52 feet a distance of 29.52 feet to the East right-of-way line
of said railroad, (Grid Coordinate: N524,723.9826, E1,101,938.8878); thence N 8°50'07" E
along said right-of-way line a distance of 141.42 feet; thence along a curve to the left with a
radius of 490.00 feet and a chord bearing S 0°52'20" E - 165.25 feet a distance of 166.04
feet; thence S 10°34'48" E a distance of 159.84 feet; thence along a curve to the right with a
radius of 510.00 feet and a chord bearing S 0°52'20" E - 171.99 feet a distance of 172.82
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feet; thence S 8°50'07" W parallel with said railroad a distance of 1,986.18 feet; thence
parallel with said railroad along a curve to the left with a radius of 1,504.00 feet and a chord
bearing S 11°15'47" E - 1,033.66 feet a distance of 1,055.16 feet; thence S 31°21'42" E
parallel with said railroad a distance of 2,640.33 feet; thence S 58°38'18" W a distance of
110.00 to the point of beginning and containing 2.84 acres, more or less.
TRACT 2.
BUZZI UNICEM USA
PERMANENT INGRESS/EGRESS EASEMENT
A twenty-five (25) foot wide ingress/egress easement situated in the County of Cape
Girardeau and the State of Missouri located in U.S. Survey No. 2202, Section 18, and Section
19 of Township 30 North, Range 14 East, lying 12.5 feet on either side of a line beginning
at the intersection of Old Commerce Road and Sprigg Street and running southeast along
the centerline of Old Commerce Road to the quarter section line of said Section 19.
ALSO:
A twenty-five (25) foot wide ingress/egress easement situated in the County of Cape
Girardeau and the State of Missouri located on the north side of and adjacent to the South
line of the Northeast Quarter (NE '/4) of Section 19 in Township 30 North, Range 14 East
beginning at the centerline of Old Commerce Road and terminating at the West right-of-way
line of the Southeast Missouri Regional Port Authority Railroad.
TRACT 3.
SEMO REGIONAL PORT AUTHORITY
PERMANENT EASEMENT
A 20 foot wide utility easement being a part of Sections 19 and 20 in Township 30 North,
Range 14 East, Cape Girardeau County, Missouri and being further described by metes and
bounds as follows:
Commencing at the Common Quarter corner to said Sections 19 and 20 (Grid Coordinates:
N519,048.9602, E1,103,148.5830); thence N 0°56'28" W along the Section line between said
sections a distance of 17.73 feet to the point of beginning; thence N 58°38'18" E a distance
of 27.90 feet to the East right-of-way line of the SEMO Port Railroad, (Grid Coordinates:
N519,081.2095, E1,103,172.1117); thence N 31°21'42" W along said right-of-way line a
distance of 20.00 feet; thence S 58°38'18" W a distance of 125.00 feet to the West right-of-
way line of said railroad; thence S 31°21'42" E along said right-of-way line a distance of
20.00 feet; thence N 58°38'18" E a distance of 97.10 feet to the point of beginning and
containing 0.06 acres, more or less.
ALSO:
A 20 foot wide utility easement being a part of U.S. Surveys 2199 and 2202 and Section 18 in
Township 30 North, Range 14 East, Cape Girardeau County, Missouri and being further
described by metes and bounds as follows:
Commencing at the intersection of the South line of U.S. Survey 2199 and the centerline of
the SEMO Port Railroad for the point of beginning, (Grid Coordinates: N526,813.1081,
E1,102,423.9069); thence N 17°18'16" E along the centerline of said railroad a distance of
45.66 feet; thence S 72°41'44" E a distance of 50.00 feet to the East right-of-way line of said
railroad; thence S 17°18'16" W along said right-of-way line a distance of 20.00 feet; thence N
72°41'44" W a distance of 30.00 feet; thence S 17°18'16" W parallel to the centerline of said
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railroad a distance of 249.96 feet; thence S 72°41'44" E a distance of 30.00 feet to the East
right-of-way line of said railroad; thence S 17°18'16" W along said right-of-way line a
distance of 764.84 feet; thence continuing along said right-of-way line along a curve to the
left with radius of 5,700.59 feet and a chord bearing S 13°04'12" W - 841.85 feet a distance
of 842.62 feet; thence S 8°50'07" W along said right-of-way line a distance of 313.56 feet,
(Grid Coordinates: N524,723.9826, E1,101,938.8878); thence along a curve to the right with
a radius of 510.00 feet and a chord bearing N 0°47'09" E - 142.83 feet a distance of 143.30
feet; thence N 8°50'07" E parallel to the centerline of said railroad a distance of 172.14 feet;
thence along a curve to the right paralleling said railroad centerline with a radius of 5,720.59
feet and a chord bearing N 13°04'12" E - 844.81 feet a distance of 845.57 feet; thence N
17°18'16" E parallel with the centerline of said railroad a distance of 744.84 feet; thence N
72°41'44" W a distance of 80.00 feet to the West right-of-way line of said railroad; thence N
17°18'16" E along said right-of-way line a distance of 20.00 feet; thence S 72°41'44" E a
distance of 50.00 feet to the centerline of said railroad; thence N 17°18'16" E along the
centerline of said railroad a distance of 224.30 feet to the point of beginning and containing
1.04 acre, more or less.
TRACT 4.
BURLINGTON NORTHERN AND SANTA FE RAILROAD
PERMANENT EASEMENT
A utility easement being a part of Outlots No. 48 in US Survey No. 2199, Township 30
North, Range 14 East, Cape Girardeau County, Missouri and being further described by
metes and bounds as follows:
Commencing at the intersection of the South right-of-way line of Willow Street and the
East right-of-way line of Fountain Street; thence S 6°08'06" W along the East right-of-way
line of said Fountain Street a distance of 545.45 feet; thence S 83°54'40" E a distance of
92.84 feet to the point of beginning (Grid Coordinate: N532,245.1684, E1,104,135.1778);
thence N 25°16'21" E a distance of 87.66 feet; thence along a curve to the right with a
radius of 2,899.71 feet and a chord bearing N 29°04'09" E - 483.24 feet a distance of 483.80
feet; thence N 58°21'17" W a distance of 100.00 feet to the West right-of-way of the
Burlington Northern Railroad; thence N 33°58'00" E along said right-of-way line a distance
of 20.00 feet; thence S 58°21'17" E a distance of 120.00 feet to the East right-of-way line of
said railroad, (Grid Coordinate: N532,752.6884, E1,104,436.0507); thence along a curve to
the left with radius of 2,879.71 feet and a chord bearing S 30°1144" W - 408.48 feet a
distance of 408.82 feet; thence S 25°16'21" W a distance of 180.42 feet; thence N 84°43'39"
W a distance of 20.35 feet to the point of beginning and containing 0.32 acres, more or less.
TRACT 5.
TRANSMONTAIGNE PRODUCE SERVICES, INC.
PERMANENT EASEMENT
A utility easement being a part of Oudot No. 64, US Survey No. 2199, Township 30 North,
Range 14 East, Cape Girardeau County, Missouri and being further described by metes and
bounds as follows:
Commencing at the Northwest corner of a tract of land recorded in Book 1325 on Page 835
for the point of beginning, said point being the intersection of the South right-of-way line
of a street and the East right-of-way line of Ramsey Street, (Grid Coordinate:
N529,563.1154, E1,102,972.3714); thence S 82°33'52" E along the North line of said tract a
distance of 32.12 feet; thence S 28°06'08" W parallel to the East right-of-way line of said
Ramsey Street a distance of 369.79 feet; thence S 11°24'53" W a distance of 100.00 feet;
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thence S 28°06'41" W a distance of 380.97 feet; thence along a curve to the left with a radius
of 1,240.00 and a chord bearing S 6°43'14" W - 59.33 feet a distance of 59.34 feet to the
South line of said tract recorded in Book 1325 on Page 835; thence N 84°07'52" E along the
South line of said tract a distance of 20.00 feet to the East right-of-way line of the SEMO
Port Railroad, (Grid Coordinate: N528,741.8406, E1,102,603.8989); thence along a curve to
the right along said railroad right-of-way with a radius of 1260.00 feet and a chord bearing N
6048'19" E - 63.65 feet a distance of 63.66 feet to an existing sanitary sewer easement;
thence N 28°06'41" E along said easement a distance of 376.21 feet; thence N 16050'46" W
along said easement a distance of 54.80 feet to the East right-of-way line of Ramsey Street;
thence N 28005'42" E along said right-of-way line a distance of 423.73 feet to the point of
beginning and containing 0.54 acre, more or less.
TRACT 6.
BRENDA KAY CONSTRUCTION, INC.
PERMANENT EASEMENT
A 20 foot wide utility easement being a part of Oudot No. 64, US Survey No. 2199,
Township 30 North, Range 14 East, Cape Girardeau County, Missouri and being further
described by metes and bounds as follows:
Commencing at the Southwest corner of a tract of land recorded in Book 816 on Page 656;
thence S 84°07'52" E along the South line of said tract a distance of 273.77 feet to the point
of beginning, said point being the intersection of the East right-of-way of the SEMO Port
Railroad and the North right-of-way line of LaCruz Street, (Grid Coordinates:
N528,360.9218, E1,102,617.7399); thence N 5°2549" W along the East right-of-way line of
said railroad a distance of 144.67 feet; thence along a curve to the right with a radius of
1,260.00 and a chord bearing N 0°02'10" E - 236.89 feet a distance of 237.24 feet to the
North line of said tract recorded in Book 816 on Page 656, (Grid Coordinates:
N528,741.8406, E1,102,603.8989); thence S 84°07'52" E along the North line of said tract a
distance of 20.00 feet; thence along a curve to the left parallel to said railroad with a radius
of 1240.00 feet and a chord bearing S 0°02'25" E - 232.96 feet a distance of 233.30 feet;
thence S 5°2549" E parallel to said railroad right-of-way a distance of 148.67 feet to the
North right-of-way of LaCruz Street; thence N 84°07'52" W along said right-of-way line a
distance of 20.40 feet to the point of beginning and containing 0.18 acre, more or less.
TRACT 7.
CAPE MANUFACTURING COMPANY
PERMANENT EASEMENT
A utility easement being a part of Outlots No. 48, 49 & 50, US Survey No. 2199, Township
30 North, Range 14 East, Cape Girardeau County, Missouri and being in a tract of land
described in Book 733 on Page 284 and being further described by metes and bounds as
follows:
Commencing at the intersection of the centerline of main track of the Burlington Northern
Railroad with the easterly production of the centerline of Elm Street (North line of Oudot
49); thence southwesterly along the centerline of said railroad's main track a distance of
974.2 feet; thence southeasterly, at right angles to the last described course 127.77 feet for
the point of beginning and being the South line of the tract described in Book 733 on Page
284 (Grid Coordinate: N531,243.3029, E1,103,782.5250); thence N 23°40'14" E a distance
of 29.20 feet; thence N 24°10'14" E a distance of 308.89 feet; thence N 17°40'30" E a
distance of 202.24 feet; thence N 11°06'24" E a distance of 104.87 feet; thence N 19°18'33"
E a distance of 27.41 feet; thence N 85°06'54" W a distance of 11.05 feet; thence N
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y
23°31'26" E a distance of 123.55 feet; thence N 23°44'52" E a distance of 235.58 feet;
thence N 64°43'39" W a distance of 6.07 feet; thence N 25°16'21" E a distance of 121.95
feet (Grid Coordinates: N532,316.0496, E1,104,191.1436); thence S 66°44'33" E a distance
of 15.00 feet; thence S 25°16'21" W a distance of 107.20 feet; thence S 64°43'39" E a
distance of 5.67 feet; thence S 23°44'52" W a distance of 250.16 feet; thence S 23°31'26" W
a distance of 102.63 feet; thence S 85°06'54" E a distance of 9.51 feet; thence S 19°18'33" W
a distance of 45.68 feet; thence S 11°06'24" W a distance of 104.66 feet; thence S 17°40'30"
W a distance of 203.95 feet; thence S 24010'14" W a distance of 309.67 feet; thence S
23°40'14" W a distance of 29.16 feet; thence N 66°15'02" W a distance of 15.00 feet to the
point of beginning and containing 0.40 acres, more or less.
TRACT 8.
SOUTHEAST MISSOURI STONE COMPANY
PERMANENT EASEMENT
A 50 foot wide utility easement being a part of U.S. Survey 2199 and Section 18 in Township
30 North, Range 14 East, Cape Girardeau County, Missouri and being further described by
metes and bounds as follows:
Commencing at the intersection of the South line of U.S. Survey 2199 and the West right-of-
way line of the SEMO Port Railroad for the point of beginning, (Grid Coordinates:
N526,818.4154, E1,102,373.1900); thence S 17°18'16" W along said right-of-way line a
distance of 474.99 feet to the North line of U.S. Survey 2202; thence N 46°21'54" W along
said line a distance of 55.79 feet; thence N 17°18'16" E parallel with said railroad right-of-
way line a distance of 457.48 feet to the North line of SEMO Missouri Stone Company,
described as being Tract 17 in Book 349 on Page 755; thence S 64°27'45" E along said line a
distance of 50.52 feet to the point of beginning and containing 0.54 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 ingress/egress, the drilling of water wells, the extraction of water, and the installation of
public water transmission lines.
ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and
approval.
PASSED AND APPROVED THIS DAY OF 2006.
Jay B. udtson
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