HomeMy WebLinkAboutOrd.2157.05-05-1997BILL NO. 97-84 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR FLOOD CONTROL AND PUBLIC UTILITY
RELOCATION FOR THE CAPE LA CROIX
CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
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 for flood control, and for public utility
relocation, as part of the Cape LaCroix Creek/Walker Branch Flood
Control Project. The City Staff is hereby authorized and directed
to 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 tract are hereby authorized and ratified by the City
Council.
ARTICLE 2. The properties designated for acquisition for this
project are as follows:
TRACT 1.
CLYDE L. TRICKEY and NORMA B. TRICKEY
GENERAL WARRANTY DEED
Part of Lot 5 in Block 4 of Drury's Second Subdivision in the City
of Cape Girardeau, Missouri as shown in Plat Book 6 on Page 29 in
the office of the Recorder in Jackson, Missouri.
Beginning at the Southeast Corner of said Lot 5; thence North 671
14' 44" West, along the South line of said Lot 5, 67.03 feet to an
Iron Pin, having M.S.P.C. of N: 544290.69' E: 1097400.161; thence
leaving said South line, North 170 8' 36 East, 72.24 feet to an Iron
Pin, having M.S.P.C. of N: 544359.73' E: 1097421.46'; thence North
541 8' 17" West, 14.16 feet to an Iron Pin, having M.S.P.C. of N:
544368.02' E: 1097409.98'; thence North 301 42' 32" East, 33.54
feet to an Iron Pin, having M.S.P.C. of N: 544396.86' E:
1097427.11'; thence South 610 32' 6" East, along the North line of
said Lot 5, 83.67 feet to a point; thence South 22° 45' 43" West,
along the East line of said Lot 5, 100.00 feet to the point of
beginning and containing 7,829 square feet.
TRACT 2.
LARRY W. MCCULLEY and BETTY L. MCCULLEY
GENERAL WARRANTY DEED
Part of Lots 8 and 10 through 18 in Block 7 of Victorian Estates
Subdivision in the County and City of Cape Girardeau, Missouri as
Recorded in Plat Book 9 on Page 26 in the office of the Recorder in
Jackson, Missouri, also being a part of a tract of land as recorded
in Book 782 on Page 693, more particularly described as follows:
Commencing at a Stone having M.S.P.C. of N: 543195.65' E:
1097936.84' in the East Line of Outlot 75 in U.S. Survey 2199, in
Township 31 North, Ranges 13 and 14 East of the Fifth Principal
Meridian in the County and City of Cape Girardeau, Missouri; thence
North 06°48'11" East, 9.60 feet to a point; thence North 83042'49"
West, along the South Line of said Victorian Estates, 788.38 feet to
an Iron Pin, having M.S.P.0 of N: 543291.51' E: 1097154.34'; thence
continuing along said South line North 83142129" West, 8.52 feet to
an Iron Pin, having M.S.P.C. of N. 543292.44' E: 1097145.87' marking
the point of beginning; thence continuing along said South Line,
North 83042149" West, 88.34 feet to the South West Corner of said
Victorian Estates, thence North 22145143" East, along the West Line
of said Victorian Estates, 976.68 feet to the North West Corner of
said Victorian Estates; thence South 67°14'17"East, along the North
Line of Lot 8 in Block 7 of said Victorian Estates, 85.91 feet to an
Iron Pin, having M.S.P.C. of N: 544169.50' E: 1097515.16'; thence
South 39141131"West, 19.85 feet to an Iron Pin, having M.S.P.C. of
N: 544154.22' E: 1097502.48'; thence South 21°11'9" West, 461.88
feet to an Iron Pin, having M.S.P.C. of N: 543723.56' E:
1097335.56'; thence South 23044157" West, 471.00 feet to the point
of beginning and containing 84,371 square feet.
TRACT 3.
LARRY W. MCCULLEY and BETTY L. McCULLEY
CONSTRUCTION EASEMENT
Part of Lots 8 and 10 through 18 in Block 7 of Victorian Estates
Subdivision in the County and City of Cape Girardeau, Missouri as
Recorded in Plat Book 9 on Page 26 in the office of the Recorder in
Jackson, Missouri, also being a part of a tract of land as recorded
in Book 782 on Page 693, more particularly described as follows:
Commencing at a Stone having M.S.P.C. of N: 543195.65' E:
1097936.84' in the East Line of Outlot 75 in U.S. Survey 2199, in
Township 31 North, Ranges 13 and 14 East of the Fifth Principal
Meridian in the County and City of Cape Girardeau, Missouri; thence
North 06048'11" East, 9.60 feet to a point; thence North 83142'49"
West, along the South Line of said Victorian Estates, 788.38 feet to
an Iron Pin, having M.S.P.0 of N: 543291.51' E: 1097154.34';
marking the point of beginning; thence continuing along said South
line North 83042129" West, 8.52 feet to an Iron Pin, having M.S.P.C.
of N: 543292.44' E: 1097145.87'; thence North 23044157" East, 471.00
feet to an Iron Pin, having M.S.P.C. of N: 543723.56' E:
1097335.56'; thence North 21011109" East, 461.88 feet to an Iron
Pin, having M.S.P.C. N: 544154.22' E: 1097502.481; thence North
39141'31" East, 19.85 feet to an Iron Pin, having M.S.P.C. of N:
544169.50' E; 1097515.16'; thence South 19114'25" West, 125.71 feet
to an Iron Pin, having M.S.P.C. of N: 544050.81' E: 1097473.74';
2.
thence South 67147'33" East, 30.00 feet, thence South 22012'27"
West, 335.02 feet; thence North 67047133" West, 30.00 feet, more or
less, to an Iron Pin, having M.S.P.C. of N: 543740.64' E:
1097347.111; thence South 08056153" West, 249.19 feet to an Iron Pin
having M.S.P.C. of N: 543494.48' E: 1097308.351; thence South
4209'50" West, 122.20 feet to an Iron Pin, having M.S.P.C. of N:
543403.91' E: 1097226.331; thence South 32138'18" West, 133.47 feet
to the point of beginning and containing 30,170 square feet, 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 flood control and public utility relocation needs
of the community. The St. Louis District of the Army Corps of
Engineers has scheduled construction to begin on this phase of the
project, the first part of July, 1997.
ARTICLE 4. Pursuant to Section 3.15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS _ DAY OF . 19-.
A. 14. Spradling, III,
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