HomeMy WebLinkAboutOrd.1488.02-23-1994BILL NO. 94-24 ORDINANCE NO. M
AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM
THE MISSOURI HIGHWAY AND TRANSPORTATION
COMMISSION FOR THE LEXINGTON AVENUE/HIGHWAY 61
INTERSECTION PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council of the City of Cape Girardeau,
Missouri, hereby accepts a Quit Claim Deed from the Missouri
Highway and Transportation Commission for the Lexington
Avenue/Highway 61 Intersection Project. A copy of said Quit Claim
Deed 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 THISQ( DAY OF 19 �Y
Francis E. Rhodes, Mayor
ATTEST:
QZ&L �J- &
Gayle L. Conrad
Deputy City Clerk
County Cane Girardeau
Route W & 61/34
Project 10-U-34-17
Parcel Excess F.in_�is
QUITCLAIM DEED
THIS INDENTURE, made this nth day of January_ . 19 9.
between the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION, Jefferson City, Missouri, party of the first part and
City of Cape!Girardeau Missouri a Municipal Corporation
(mailing address of first -named grantee 401 Independence )
( Cape Girardeau MO 63701 )
of the County of Cape Girardeau , State of Missouri , party of the second
part.
WITNESSETH, in consideration of the payment of the sum of One and
No/100s----------------------------- (51.00) ------- ------------ DOLLARS,
the receipt of which is hereby acknowledged, the said party of the first part does
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the said party of the second
part, a tract of land, lying situated and being in the County of Cape Girardeau,
State of Missouri, to wit:
All that part of the existing highway right of way of now known U.S.
Route 61/34 (Kingshighway) and State Route W in the S'k NE; and N� SE'J
of Fractional Section 26, T. 31 N., R. 13 E. and U.S.P.S. 2199 of T.
31 N. , R. 13 E. in the City and County of Cape Girardeau, State of
Missouri described as follows:
State Route W Highway Right of Way: A tract of land designated by
widths as measured at right angles from the hereinafter described
highway centerlines is located and described by commencing at a point
in the northeast highway right of way line of Route 61/34 being N. 340
12' E. 75 ft. of Route 61/34 highway centerline Sta. 1009+42.1 for the
point of beginning of tract being conveyed; thence N. 550 48' W. along
a line 75 ft. northeast of and parallel to Route 61/34 highway
centerline a distance of 722.1 ft. to a point 75 ft. north of Route
61/34 highway centerline Sta. 1002+20, thence N. 90 32' 45" W. 43.35
ft. to a point 106 ft. north of Route 61/34 highway centerline Sta.
1001+89.7, thence S. 620 45' 52" E. 60.83 ft. to a point 114 ft. north
of Route 61/34 highway centerline Sta. 1002+50, thence S. 550 48' E.
67.0 ft. to a point 114 ft. north of Route 61/34 highway centerline
Sta. 1003+17, thence N. 400 09' 21" E. 321.24 ft. to a point 60 ft.
west of Route W highway centerline Sta. 503+38, thence N. 100 06' 18"
W. 72.11 ft. to a point 35 ft. west of Route W highway centerline P.C.
Sta. 502+63.6, thence N. 350 26' W. 58.60 ft. to a point 35 ft. west
of Route W highway centerline Sta. 502+05, thence N. 540 34' E. 79.60
ft. to a point 44.6 ft. east of Route W highway centerline Sta.
502+05, thence S. 400 05' 53" E. 58.85 ft. to a point 50 ft. east of
Route W highway centerline P.C. Sta. 502+63.6, thence S. 410 17' 35"
E. 130.62 ft. to a point 80 ft. east of Route W highway centerline
Sta. 503+75, thence southeasterly along the arc of a curve to the
right having a radius of 558.34 ft. for a distance of 380.53 ft. to a
point 80 ft. east of Route W highway centerline Sta. 507+01 (chord of
said curve bearing S. 10 51' 46" E. a distance 373.2 ft.), thence S.
200 14' 31" E. 260.42 ft. to the point of beginning, containing 3.66
acres.
U.S. Route 61/State Route 34 Highway Right of Way: A tract of land
designated by widths as measured at right angles from the south side
of the hereinafter described highway centerline of Route 61/34 is
located and described by commencing at a point in the southwest
highway right of way line of Route 61/34 being S. 340 12' W. 75 ft. of
Route 61/34 highway centerline Sta. 1012+36.51 for the point of
beginning of tract being conveyed; thence N. 550 481 W. along a line
75 ft. southwest of and parallel to Route 61/34 highway centerline a
distance of 730.18 ft. to a point 75 ft. south of Route 61/34 highway
centerline Sta. 1005+06.33, thence S. 880 52' 42" W. 96.86 ft. to a
point 131 ft. south of Route 61/34 highway centerline Sta. 1004+27.3,
thence S. 550 48' E. 820.96 ft. to a point 131 ft. south of Route
61/34 highway centerline Sta. 1012+48.26, thence N. 220 20' 53" E.
57.22 ft. to the point of beginning, containing 0.97 of an acre.
The highway centerline of U.S. Route 61/State Route 34 (Kingshighway)
is located and described by commencing at the common corner of
Sections 23, 24, 25 and 26, T. 31 N., R. 13 E., thence S. 420 381 47"
W. 2,997.34 ft. to a point in the highway centerline of U.S. Route
61/State Route 34 being Sta. 1000+80.0 for the point of beginning;
thence the highway centerline of U.S. Route 61/34 extends S. 550 48'
E. 1,168.26 ft. to Sta. 1012+48.26.
The Highway Centerline of State Route W is located and described by
commencing at Sta. 1006+80 on the above described highway centerline
of Route 61/34 which is equal to State Route W Highway Centerline Sta.
508+99.27 for the point of beginning; thence the highway centerline of
State Route W extends as follows: N. 290 30' E. 94.57 ft. to P.T.
Sta. 508+04.7, thence northwesterly to the left along the arc of a 120
curve, having a radius of 478.34 ft. and an interior angle of 640 561,
a distance of 541.1 ft. to P.C. Sta. 502+63.6, thence N. 350 26" W.
58.6 ft. to Sta. 502+05.
This conveyance is made upon the express condition that Grantee, its
successors and assigns, shall have no right of direct access from the
land herein conveyed to the adjacent highway now known as U.S. Route
61/State Route 34 (Kingshighway) including its right of way, all such
rights of direct access being reserved by Grantor.
Grantee, by acceptance of this conveyance, covenants and agrees for
itself, its successors and assigns, to permit Union Electric Company,
Southwestern Bell Telephone Company, and TCI Cablevision of Missouri,
Inc. to maintain an easement for the purpose of maintaining,
constructing, or reconstructing electric, gas, water, telephone and
cable lines and their appurtenances over, under, or across the land
herein conveyed.
Grantee, for itself, its successors and assigns, by acceptance of this
conveyance, covenant and agree, and it is made a condition of this
conveyance, that the property herein described shall not be used for
the construction, erection or maintenance of billboards or advertising
signs other than signs advertising activities conducted on the
property or services and products therein provided. This shall be a
covenant running with the land and is binding upon grantee, its
successors and assigns. Upon a breach of this covenant and after 10
day's written notice to Grantee or its assigns to remove said
offending sign as described above, Grantor retains the right to enter
the property herein conveyed and remove said sign at the sole expense
and liability of Grantee or its successors and assigns.
The Grantee, for itself, its personal representatives, successors in
interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that (1)
no peiqson on the grounds of race, color, religion, creed, national
origin, sex, age, ancestry or physical ability shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the
construction of any improvement on, over or under such land and the
furnishing of service thereon, no person on the grounds of race,
color, creed, religion, national origin, sex, age, ancestry or
physical ability, shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, (3) that
Grantee shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally assisted programs
of the Department of Transportation --Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above -nondiscrimination
covenants, the State of Missouri shall have the right to re-enter said
lands and facilities thereon, and the above-described lands and
facilities shall thereupon revert to and vest in and become the
absolute property of the State of Missouri and its assigns.
Form 4-7.5 3 Rev. 12-31-90
TO HAVE AND TO HOLD THE SAME, with all and singular rights, immunities,
privileges, and appurtenances thereunto belonging, unto the Baid part of the
second part, their heirs and assigns forever.
ISI WITNESS WHEREOF, the said party of the first part has hereunto set its hand
and 'Bea1 ths"'day and -;year first above written.
ATTES�'�: 3ZSTATE OF MISSOPRI, acting by and through the
MISSOURI AY AND RANSPORTATION COMMISSION
By: f/
secretary Harry T Morley
APPROVEDASTO`FOR(¢t�'
Attorney
Michaelene S. Knudsen
STATE OF MISSOURI )
se:
County of COLE )
On this5}h day of .laniiAry 19 g before me personally
appeared Harry T Mnrlov , to me
personally known, who being by me duly sworn, did say that he is
Chairman
of Missouri Highway and Transportation Commission; that
the seal affixed to the foregoing instrument is the official seal of said
Commission; that said instrument was signed and sealed in behalf of the said
Commission by authority of said Commission, and that said Harry T. Morl
acknowledged said instrument to be the free act and deed of said Commission.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official Beal
at my office in Cole County, the dayandyear first above written.
My Commission expires r. 19 9✓� .
MARCIA L, MIMS
r' —4RY PUBLIC, STATE OF MISSOURI %y12L�
COUNTY OF COLE "� �': � Notary Public
MY Commission Expires September 28, 1995
Form 4-7.5 4 Rev. 12-31-90