The URL can be used to link to this page

Home My WebLink AboutOrd.1481.02-07-1994BILL NO. 94-8 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT FOR HIGHWAY CONSTRUCTION TO THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE RELOCATED HIGHWAY 74 PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Easement for Highway Construction to the Missouri Highway and Transportation Commission for the relocated Highway 74 Project. A copy of said Easement is attached to this Ordinance and made a part hereof. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS CJc DAY OF -' r� �.r; 1.; ! , 19 / q Francis -E. Rhodes, Mayoe' ATTEST: Ll,o'd S, )-Y&W ,L�4 Gayle L.VConrad Deputy City Clerk Route 74 County Cape Girardeau Job No. JOU0412B EASEMENT FOR HIGHWAY CONSTRUCTION (ACCESS CONTROLLED) THIS INDENTURE, by and between the City of Cape Girardeau, hereinafter City, and the Missouri Highway and Transportation Commission, hereinafter Commission. (1) CONVEYANCE: In consideration of one dollar ($1.00), receipt of which is acknowledged, and other good and valuable consideration, City grants and conveys, without warranty of title expressed or implied, unto the Commission, the right to construct, reconstruct and maintain a limited access state highway over and cross that portion of an easement owned and held by City, situated in Outlot 54 of United States Survey No. 2199, Township 30 North, Range 13 East, in Cape Girardeau County, Missouri (as obtained in easements on file in City's office at Cape Girardeau, Missouri), more particularly described as follows: Within Route 74 Right of Way Limits That portion of City's easement rights located on the left (north) side of Route 74 surveyed centerline and lying within the limits of the new right of way for Route 74. Said new right of way being 75 feet wide at Station 96+00, thence continues 75 feet in width to Station 101+90.16, thence from 75 feet in width at Station 101+90.16 the right of way proceeds on a straight line to 105 feet in width at Station 102+22.83, thence from 105 feet in width at Station 102+22.83 the right of way proceeds on a straight line to 95 feet in width at C.S. Station 104+29.18, thence from 95 feet in width at C.S. Station 104+29.18 the right of way proceeds on a straight line to 95 feet in width at S.T. Station 106+79.18, all as measured at right angles thereto. Also, that portion of City's easement rights located on the right (south) side of Route 74 surveyed centerline and lying within the limits of the new right of way for Route 74. Said new right of way being 75 feet wide at Station 97+00, thence continues 75 feet in width to Station 102+50, thence from 75 feet in width at Station 102+50 the right of way proceeds on a straight line to 105 feet in width at Station 103+00, thence continues 105 feet in width to C.S. Station 104+29.18, thence from 105 feet in width at C.S. Station 104+29.18 the right of way proceeds on a straight line to 100 feet in width at S.T. Station 106+79.181 all as measured at right angles thereto. Route 74 Surveyed Centerline The above Route 74 surveyed centerline stations are located by starting at a 1/2 inch rebar in the Northeast Corner of Outlot 55 of United States Survey No. 2199, Township 30 North, Range 14 East, thence South 6008'52" West along and with the East Line of said Outlot 55, 772.69 feet to Route 74 centerline P.O.T. Station 121+09.29, thence South 68002'46.7" West 355.71 feet to Route 74 centerline S.T. Equation Station 117+67.09 back equals 117+53.58 ahead, thence South 68002'46.7" West 424.46 feet to Route 74 P.I. Station 113+54.16, thence South 41036'49.1" West 1,997.80 feet to Route 74 P.I. Station 95+45.42, thence North 83013'18.8" West 1,545.42 feet to Route 74 centerline Station 80+00, thence in a reverse direction South 83013'18.8" East along centerline of Route 74, 222.60 feet to T.S. Station 82+22.60, said point being the beginning of a 2030' spiral curve to the left having a radius of 2,291.83 feet, thence along said spiral curve 250 feet to S.C. Station 84+72.60, thence along the arc of a 2030' curve 1,956.58 feet to C.S. Station 104+29.18, thence along said spiral curve 250 feet to S.T. Station 106+79.18, thence North 41036'49.1" East 120.82 feet to Station 108+00, thence centerline of Route 74 continues North 41036149.1" East. (2) RESERVATION: City reserves for itself, its successors and assigns, all its rights in the above-described property not specifically conveyed, including the right to expand its facilities. City agrees that future work to be performed within the limits of highway right-of-way in connection with location, relocation or maintenance of City's facilities will be done in accordance with an agreement or permit that will be issued by Commission's district engineer. (3) RELEASE: City releases its rights of access between its adjacent easement and said highway subject to the reservations in paragraph (4). (4) RESERVATIONS: Access, for normal servicing, maintenance, construction or reconstruction of City facilities either on or off the highway right-of-way, shall be from: A. City's easements adjacent to the highway right- of-way, B. existing outer roadways, C. any nearby public roads or streets, D. truck trails at and along the right-of-way lines. (5) EMERGENCY ACCESS: In emergency situations directly affecting or endangering traffic on the highway or public health or safety, access will be permitted at such points as may be necessary to expedite said emergency repairs, provided immediate notice is given the State Highway Patrol and Commission's district engineer. (6) ACCESS RIGHTS: Nothing contained in this shall give City any right of access to or from the thruways of the highway -2- except as set out above, nor the right to cut or otherwise damage the shoulders, paved thruways or medians. (7) FUTURE IMPROVEMENTS: Commission will advise City of any future improvement, reconstruction, or maintenance planned for said highway which will necessitate an adjustment to City's facilities. City reserves the right to claim compensation for such adjustments affecting those portions of its facilities which were located on private easements and which are now included in said highway right-of-way, within the following limits: A. that portion of its facilities lying between approximate Route 74 centerline stations 105+10 and 106+20. (8) CITY'S RIGHT TO CONVEY: The rights conveyed to Commission are granted only to the extent that City has such right of conveyance under the above-described right-of-way easement and no further. IN WITNESS WHEREOF, City has set its hand and seal this day of , 19 ATTEST: . CITY OF CAPE GIRARDEAU City Clerk (City seal, if available) WN Print Name Title -3- ACKNOWLEDGEMENT BY CITY STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) On this day of , 19 , before me personally appeared , to me known, who, being by me duly sworn, did say that he is the of the City of Cape Girardeau and the seal affixed to the foregoing instrument is the official seal of said City, and that said instrument was signed and sealed in behalf of and by• authority of said City and said acknowledges said instrument to be the free act and deed of said City. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, in my office in Cape Girardeau County, the day and year first above written. Notary Public My Commission Expires