Loading...
HomeMy WebLinkAboutCourt case CV 691.291w ( 1(128@9 ;AUK 538 NGE 2169 IN THE CIRCUIT COURT OF CAPE GIRARDEAU COUNTY AT CAPE GIRARDEAU, MISSOURI CITY OF CAPE GIRARDEAU, MISSOURI, ) A Municipal Co_rporat_ion, ) - - -- -- - - - - Plaintiff, ) vs. } Case No. CV691-291CC SCHNUCK MARKETS, INC., } SOUTH K INC., ) BLATTNER BROTHERS, INCORPORATED, ) MISGROSS PARTNERS AND COMPANY, LIMITED, ) A Quebec Limited Partnership, ) ) WALMARK ASSOCIATES, ) A Connecticut Limited Partnership, )' WILLIAM H. BRINKOPF and RAMONA L. BRINKOPF, ) L husband and wife, ) ^ GENEVA NADINE HEUER, j APR O � 1991 CHARLES P. MUTSON Defendants. ) CIRCUIT CLERK REPORT OF COMMISSIONERS On this day of , 1991 , came Robert Adams, Thomas L. Meyer and Betty Lou Ryan Vogel, who were heretofore duly appointed commissioners in the above -entitled cause, and report that they forthwith accepted the appointment; that they met together; took and filed in this cause their qualifying oath; that all three viewed all the properties together; that they considered and weighed the damages, if any, which the defendants will severally sustain by reason of the appropriation set out in the petition, as is required by law, all to the extent of their effect on, and as reflected in the market values of the several entire properties, of which the respective Boo K 538 ?AcE 3 70 parcels described herein are parts; and that they do herei;i and hereby forthwith return, under oath, to the Circuit Clerk their report in duplicate, setting forth and stating separately as 'to each _ property or _ gro-up -of _-- propexties___-h_eld__ _ unde_r-__t_h_e_ __same ownerships, (1) the amount of net damages, if any, together with, and immediately following, (2) a specific description of the property, for the taking or use of which the damages are assessed, to -wit: TRACT 1. SCHNUCK MARKETS, INC. WE ASSESS $473(o 41L �o % DAMAGES FOR TAKING THE FOLLOWING PROPERTY: FEE TITLE No. 20-308-00-08-007.02 Than part Of Lot No. 3 of North "K" Subdivision in the City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Southwest Corner of said Lot No. 3, the place of beginning; thence South 850 54' 07" East, with the South line of said Lot No. 3, 106.54 feet; thence North 30 34' 44" East, 25.10 feet; thence North 700 13' 55" West, 32.28 feet; thence North 10 36' 11" East, 299.43 feet, to a point on the North line of -said Lot No. 3; thence North 850 08' 07" West, with said North line 63.03 feet, to the Northwest Corner of Lot No. 3; thence South 40 05' 53" West, 318.8 feet, with the West line of said lot; thence South 40 05" 53" East, 15.0 feet, to the place of beginning, and containing 24,178 sq. feet. FEE TITLE No. 20-308-00-08-007.02 That part of Lots No. 2 and 3 of North "K" Subdivision in the City and County of Cape Girardeau,•Stat o� Missou)�11 described as follows: APR 0 5 1991 CHARLES*P. �Cl.E�ttt;�c�N BOOK 538 PAGE 371 Commence at the Northwest Corner of Lot No. 3 of said North "K" Subdivision; thence South 850 08' 07" East, with the North line of said Lot No. 3, 63.03 feet, to the place of beginning; thence continue South 850 08' 07" East, with the North line of Lots 3 and 2, a distance of 123.17 feet; thence South 70 04' 55" West, 30.02 feet; thence North 850 08' 07" West, 120.30 feet; thence North 11 36' 11" East, 0.05 feet, to the place of beginning and containing 3,652 sq. feet. This tract is taken for street purposes. TRACT 2. SOUTH K INC. WE ASSESS 2 [J. DAMAGES FOR TAKING THE FOLLOWING PROPER FEE TITLE No. 20-308-00-13-002.00S0001 That part of the Rodney 400 Arpen Tract,' in U.S.P. Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows; Commence at the intersection of the South line of Missouri State Route "K" and the West line of U.S. Route 61; thence South 110 06' 17" West, with the West line of said Route 61, 387.21 feet; thence North 780 53' 43" West, 5.0 feet; thence South 110 06' 17" West, 264.39 feet, to the place of beginning; thence North 840 35' 58" West, 30.79 feet; thence South 810 40' 53" West, 36.50 feet; thence South 730 23' 57" West, 26.25 feet; thence south 860 22' 49" West, 24.08 feet; thence South 730 01' 51" West, 112.58 feet,- thence eet;thence South 550 36' 22" West, 8.60 feet; thence South 760 31' 23" West, 23.77 feet; thence South 880 51' 12" West, 25.02 feet; thence North 810 25' 29" West, 23.19 feet; thence North 710 12' 22" West, 23.09 feet; thence North 61.0 12''37" West, 23.71 feet; thence North 580 26' 11" West, 86.84 feet; thence North 53° 51' 29" West, 15.81 feet; thence North 370 35' 52" West, 15.81 feet; thence North 326 24' 12" West, 17.46 feet; thence North 220 44' 21" West, 16.03 feet; thence North 160 31' 13" West, 65.07 feet; thence North 260 10' 46" West, 65.49 feet; thence North 110 51' 26" West, 39.32 feet; thence North 40 55' 35" West, 475.42 feet; thence North 110 08' 39" East, 14.39 feet, to a point on the South line of Missouri State Route "K"; thence with said South line, North 850 54' 07" West, 65.91 feet, to a point in the center of Cape Cro'x ,Creek; thence South 4° 05' 53" West, 441.30 feet; t e ceAalcricg the 'Irr APR 0 5 1991 CHARLES P. HU T'SON 0 E�ooK 533 arc of a curve to the left, having a radius of 358.10 feet, a distance of 562.50 feet; thence South 880 17' 37" East, 81.72 feet; thence South 890 18' 24" East, 130.51 feet, to a point on the West line of U.S. Route 61; thence with said West line, North 110 06' 17" East, 112.95 feet, to the place of beginning and containing 73,823 sq. feet. PERMANENT ACCESS EASEMENT No. 20-308-00-13-002.0050001 That part of the Rodney 400 Arpen Tract, in U.S.P. Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, State of. Missouri, described as follows: Commence at the intersection of the South line of Missouri State Route "K" and the West line of U.S. Route 61; thence South 110 06' 17" West, with the West lane of said Route 61, 387.21 feet; thence North 780 53' 43" West, 5.0 feet; thence South 110 06' 17" West, 72.99 feet, to the place of beginning; thence North 780 57' 04" West, 314.86 feet; thence South 40 05' 59" West, 91.84 feet; thence with the South line of Aldi's Food Store, North 850 51' 29" West, 219.37 feet; thence South 260 10' 46" East, 34.75 feet; thence South 850 51' 29" East, 231.85 feet; thence North 40 05' 59" East, 87.98 feet; thence South 780 57' 04" East, 280.95 feet, to a point on the West line of said U.S. Route 61; thence with said West line, North 110 06' 17" East, 30.0 feet, to the place of beginning and containing 18,403 sq. feet. TRACT 3. BLATTNER BROTHERS, INCORPORATED. WE ASSESS $ �( ;03 � DAMAGES FOR TARING THE FOLLOWING PROPS TY: `7 INCA) FEE TITLE 20-31100-01-001.00, That part of Lot No. 1 of the Rodney 400 Arpen Tract, and that part of Outlot No. 87, all in U.S.P. Survey No. 2199, in the City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the intersection of the East line of U.S. Route 61 and the North line of the original location of Bloomfield Road; thence North 110 06' 47" East, with the East line of said Route 61, 115.96 feet, to the North line of the current location of Relocated om ie d Road; APR 0 5 1991 �, y 500K 533 PAGE J 0 3 thence continue North 110 06' 47" East, 676.10 feet; thence South 780 53' 13" East, 5.0 feet; thence -North 110 06' 47" East, 62.37 feet, to the place of beginning; thence continue North 110 06' 47" East, 181.63 feet; thence South 1911 11' 13" East, 706.90 feet, to a point on the North line of said Bloomfield Road_; thence with said North line,__Sout~h 621 -39-' -47" West, 107.80 feet; thence North --120 - 09' 41" West, 24.28 feet; thence North 720 29' 27" East, 42.72 feet; thence North 180 50' 15" West, 207.52 feet; thence North 71° 09' 45" East, 10.44 feet; thence North 180 55' 24" West, 221.60 feet; thence South 710 04' 45" West, 39.49 feet; thence North 19° 59' 56" West, 97.29 feet; thence North 270 54' 21" West, 16.19 feet, to the place of beginning and containing 42,221 sq. feet. PERMANENT ACCESS EASEMENT That part of Lot No. 1 of the Rodney 400 Arpens Tract, and that part of Outlot No. 87, all in U.S.P. Survey No. 2199, in the City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the intersection of the East line of U.S. Route 61, and the North line of the original location of Bloomfield Road; thence North 11° 06' 47' East, with the East line of said Route 61, 115.96 feet, to the North line of the current location of Relocated Bloomfield Road; thence continue North 110 06' 47" East, 570.22 feet, to the place of beginning; thence continue North 110 06' 47" East, 105.88 feet; thence South 780 53' 13" East, 5.00 feet; thence North 11° 06' 47" East, 62.37 feet; thence South 270 54' 21" East, 16.19 feet; thence South 190 59' 56" East, 38.33 feet; thence South 110 06' 47" West, 22.04 feet; thence South 300 15' 28" West, 106.72 feet, to the place of beginning and containing 3,174 square feet. TRACT 4. MISGROSS PARTNERS AND COMPANY, LIMITED, A Quebec Limited Partnership. WE ASSESS $ 1 2 5� DAMAGES FOR TAKING THE FOLLOWING PROPERTY: FEE TITLE No. 20-308-00-08-001.00 That part of Lots No. 1 and No. 2 of Popp's Subdivision, being a Resubdivision of part. of Lots 2, 3, and 10 of Robert Sturdivant's Subdivision of Outlots 5f `991 8� and part of Outlot 60 in U.S.P. Survey No. 990* T shy r APR 0 5 1991 CHARLES CoN CIRCUIT CLERK BOOK 533 PAGE 3 ( 4 30 North, Range 13 East, in the City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast Corner of Outlot No. 87, being also the Northwest Corner of Outlot No. 57 of U.S.P. Survey No. 2199, marked by a 1/2 inch iron pin; thence North 850 34' West, along the line dividing Outlots No. 81 and $7, --- ---eetf---to__-a -point -on--the- West- line o.f Hi.ghway Route No. 61; thence North 110 06' 17" East, with said West line, 46.48 feet; thence North 130 35' 17" East, 175.86 feet, to the Southeast Corner of the Misgross Partner and Company, Limited Tract; thence with the South line of said tract, North 850 08' 07" West, 741.18 feet, to the place of beginning; thence North 20 11' 11" West, 29.55 feet; thence, North 210 06' 51" West, 81.15 feet; thence North 320 29' 48" West, 98.03 feet; thence North 510 59' 33" West,, 183.13 feet"; thence North 330 37' 02" West, 47.47 feet; thence North 50 56' 15" West, 45.89 feet; thence North 40 52' 5Q" East, 76.64 feet, to a point on the South line of Independence Street; thence with said South line, North 830 36' 34" West, 78.77 feet; thence South 60 23' 26" West, 5.00 feet; thence North 830 36' 34" West, 10.83 feet, to a point in the center of Cape LaCroix Creek; thence with said creek, South 290 19' 41" West, 69.30 feet; thence South 20 19' 41" West, 66.00 feet; thence South 450 40' 19" East, 89.00 feet; thence South 550 40' 19" East, 277.20 feet; thence South 130 40' 19" East, 92.40 feet; thence South 10 19' 41" West, 27.11 feet; thence South 850 08' 07" East, 64.49 feet, to the place of beginning and containing 42,503 sq. feet. TEMPORARY ACCESS EASEMENT No. 20-308-00-08-001.00 That part of Lots No. 1 and No. 2 of Popp's Subdivision, being a Resubdivision of part of Lots 2, 30 and 10 of Robert Sturdivant's Subdivision of Outlots No. 58, 590 81 and part of Outlot 60 in U.S.P. Survey No. 2199, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast Corner of Outlot No. 87, being also the Northwest Corner of Outlot No. 57 of U.S.P. Survey No. 2199, marked by a 1/2 inch iron pin, thence North 850 34' West, along the line dividing Outlots NO. 81 and 87, 754.40 feet, to a point on the West line of Highway Route No. 61; thence North 110 06' 17" East, with said West line, 46.48 feet; thence North 130 35' 17" East, 175.86 feet, to the Southeast Corner of the Misgross Partners and Company, Limited Tract; thence continue North '130 35' 17" East, 109.73 feet; thence North 850 33' 43" West, 271.00 feet; thence North 40 23' 26" East, 312.1. If ee�, o a aoi on m J� APR 0 � 1991 CHARLES P. HUTSON BOOK 538 ;'AGE 375 the South line of Independence Street; thence with said South line North 83° 36' 34" West, 557.47 feet, to the place of beginning; thence South 210 01' 18" West, 117.22 feet; thence North 830 36' 34" West, 177.51 feet; thence North 50 56' 15" West, 30.71 feet; thence South 830 36' 34" East, 160.89 feet; thence North 210 oil 18" East, 86.22 -f-eet-,- t -o -a -point--on--the-South line ---of -Independence--Street; thence with said South line, South 830 36' 34" East, 31.01 feet, to the place of beginning and containing 8,128 sq. feet. TRACT 5. WALMARK ASSOCIATES, A Connecticut Limited Partnership. WE ASSESS $ /:i/z QDAMAGES FOR TAKING THE FOLLOWING PROPERTY: FEL TITLE No. 2V-308-00-08-003.00 That part of outlots 81 and 87, in U.S. Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast corner of said Outlot No. 87, marked by a 1/2 inch iron pin; thence North 850 21' 43" West., along the line dividing Outlots 81 and 87, 754.4 feet to the intersection of said Outlot line, and the West line of Highway Route No. 61, being also the Northeast corner of a 0.6315 acre parcel, conveyed to Long John Silvers, Inc. as same is described in Book 315 at Page 279 of the land records of Cape Girardeau County, Missouri; thence North 11" 06' 17" East, with the West line of said Route 61, 46.48 feet; thence North 130 35' 17" East, 175.86 feet; thence North 850 08' 07" West, 741.18 feet, to the place of beginning; thence continue North 850 08' 07" West, 64.49 feet, to a point in the center of Cape LaCroix Creek; thence South 110 19' 41" West, 95.91 feet; thence South 00 51' 56" West, 8.23 feet; thence South 00 37' 58" West, 116.48 feet; thence South 30 56' 58" West, 203.99 feet' thence South 850 08' 07" East, 63.03 feet; thence North 10 36' 11" East, 209.80 feet; thence North 40 56' 02" East, 172.90 feet; thence North 20 11' 11" West, 42.02 feet, to the place of beginning and containing 25,620 sq. feet. APR 0 5 1991 Ail CHARLES P. HUTSON CIRCUIT CLERK BOOK 533 PASE 3 t 6 TRACT 6. WILLIAM H. BRINKOPF AND RAMONA L. BRINKOPF, husband and wife. WE ASSESS $ -) —7 "? ( DAMAGES FOR TAKING THE FOLLOWING PROPERTY: FEE TITLE-- -- No. No. 20-312-00-04-002.00 That part of outlot No. 87 in U.S.P. Survey No. 2199, in Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Southwest Corner of Outiot No. 56, marked by a 1/2 inch iron rod, being on the East line of said Outlot No. 87; thence North 70 1.6' 43" East, with said East line, 692.35 feet, to a point on the North line of Bloomfield Street; thence continue North 71 16' 43" East, 140.0 feet; thence North 820 43' 17" West, 225.0 feet, to a point on the West line of Christine Street;, thence with said West line North 70 16' 43" East, 208.0 feet; thence North 820 43' 17" West, 344.44 feet, to the place of beginning, thence South 70 12' 22" West, 3.15 feet; thence South 830 26' 01" East, 38.01 feet; thence South 210 25' 51" East, 120.04 feet; thence South 790 02' 06" East, 5.83 feet; thence South 210 39' 04" East, 104.04 feet; thence South 130 41' 29" West, 10.82 feet; thence North 8310 26' 01" West, 8.94 feet; thence South 70 .03' 07" West, 47.75 feet; thence North 820 43' 17" West, 65.36 feet; thence North 190 11' 13" West, 288.20 feet; thence South 82° 43' 17" East, 51.94 feet, to the place of beginning and containing 23,842 sq. ft. TRACT 7. GENEVA NADINE HEUER WE ASSESS $-Q, 0 - © DAMAGES FOR TAKING THE FOLLOWING PROPERTY' FEE TITLE No. 20-312-00-07-001.00 That part of Outlots 55, 56, and 87, in U.S.P. Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northwest Corner of Outlot No. 55; thence North 70 161 43" East, with the East lineof-sa,d ► utlot No. 87, 647.16 feet, to a point on the "Put 3, e pX APR 0 5 1991 CHARLES . 800K 538�u 377 Bloomfield Road; thence with said South line of said Bloomfield Road, South 690 33' 30" West, 184.99 feet; thence along the arc of a curve to the left, having a radius of 1107.13 feet, a distance of 113.10 feet, to the place of beginning; thence South 90 41' 28" East, 38.36 feet; thence South 00 12.' 50" East, 34.06 feet; thence South 70 50' 11" East, 215.59 feet; thence_ South 70 ---East, -37-1.74---feet;--thence South -100- 02' 32" East, 73.06 feet; thence North 770 36' 16" East, 24.0 feet; thence South 120 23' 44" East, 69.0 feet; thence South 770 36' 16" West, 22.0 feet; thence South 110 33' 55" East, 69.01 feet; thence South 120 43' 36" East, 173.0 feet; thence South 1611 05' 13" East, 31.06 feet; thence South 120 23' 44" ;East., 5.0 feet; thence South 140 05' 33" East, 240.80 feet, to the South lane of this tract; thence North 830 28' 48" West, 85.75 feet; thence North 140 07' 29" West, 365.90 feet; thence North 140 23' 53" West, 271.93 feet; thence North 50 33' 29" West, 315.80 feet; thence North 20 49' 29" West, 136.0 feet; thence along the arc of a curve to the left, having a radius of 716.2 feet, a distance of 184.2 feet to a point on the South line of Bloomfield Road; thence with said South line, North 620 39' 47" East, 6.8 feet; thence North 630 13' 30" East, 69.23 feet; thence along the arc of a curve to the right, having a radius of 1107.13 feet, a distance of 9.29 feet, to the place of beginning and containing 107,432 sq. feet. PERMANENT EASEMENT That part of Outlot No. 87, in U.S.P. Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows; Commence at the Northwest Corner of Outlot No. 55; thence North 70 16' 43' East, with the East line of said Outlot No. 87, 647.16 feet, to a point on the South line of Bloomfield Road.; thence with said South lines South 6911 33' 30" West, 184.99 feet; thence along the arcof a curve to the left, having a radius of 1107.13 feet, a distance of 113.10 feet, to the place of beginning; thence South 911 41' 28" East, 38.36 feet; thence South 00 12' 50" East, 34.06 feet; thence South 70 50' 11" East, 17.58 feet; thence North 500 23' 34" East, 78.80 feet; thence North 70 16' 43" East, 75.00 feet, to a point on the South line of Bloomfield Road, said point being on the arc of a curve having a radius of 1107.13 feet; thence along the 'arc of said curve a distance of 86.75 feet, to the point of beginning and containing 5,685 sq. feet, more or less. L aw.A APR 0 5 1991 , CHACI ES P. HUTSON CIRCUIT CLERK TEMPORARY ACCESS EASEMENT 80(!K That part of Outlot No. 55 of U.S.P. Survey No. 2199 Township 30 North, Range 13 East:, City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Southwest Corner of Kenrick's First Subdivision as recorded in Plat Book 8 at Page 21 of the land--r-e_c_or-ds-_of---sa-i-d-C-ape--Gr-ardeau County -thence - Norbh ---- - -- 060 31' 12" East, 120.00 feet to the point of beginning; thence continue North 060 31' 12" East, 30 feet; thence North 83° 28' 48" West, 71.93 feet; thence South 140 05' 33" East, 32.05 feet; thence South 830 28' 42" East, 60.65 feet to the point of beginning, containing 1988.7 sq. ft., more or less. Wherefore, having acted in all things in compliance with law and with the terms of the order appointing commissioners, your commissioners pray that this, their report of their proceedings thereunder, be accepted, and that they be discharged. • Irk A"R 0 5 CHARLES P. FRY -30N CIRCUIT CLERK STATE OF MISSOURI } COUNTY OF CAPE GIRARDEAU ) ~/ On this �5'4%' cay of �% , 1991 before me personally appeared Robert Adams, Thomas L. Meyer and Betty Lou Ryan Vogel, to me known to be the commissioners heretofore appointed in the above -entitled cause and to be the persons described in and who executed the foregoing duplicate original report of commissioners, and, being by me first duly sworn, BOOK 533 GAae 379 acknowledged that they executed the same as their free act and deed; and further said that all the facts stated therein are true, and that each assessment of net damages inserted therein is true, and that each a s s e s_s m-e-nt__ of --_ne_t-- -damages-- --inserted--- t h e r -e -i -n -- As,-- -to - the best of their individual judgments and abilities, fair and just, both to those who will receive and to those who must pay said damages, if any. Charles P. Hutson, Circuit Clerk By Deputy Clerk �H� dti�NJ! Al R 4 5 1991 `:J c"A t II 'CLERrK 'SON c fz00K 538 ?",uE t�C � STATE OF MISSOURI , ss. County of -Cape Girale#U j`; ; - -- -- - - - - - -- 1, CHARLES 1. i Aldol, Olerk of tDe Circuit Court in and, for said County, hereby certify that the above is a true copy of the original 'REPgRT OF COMMISSIONERS . .............. . r ... r. ... ... ....r . .. ...... ..... j....... .% l'.'...r..........� .............................................................. .. .............. in,the causiAt'ierein named, as the same appears on record in my office. Witness my hand as Clerk, and the seal of said court. Done at office In Cape Girardeau this . 9 h .. day of Air a 1 .................... 19.91 CHARLESCHARLESP, HUT N, Cler t Per . .Deputy Filed fur I_e+'r"rd 2.,154 APR J 01991 Janet t(oort, I(ecur'der Cape uinrdenu County Jackson. Mo. CIRCUIT CLERK Courthouse park Cape Girardeau, miswuri 63701 STATE OF MISSOURI ` ss County of Capeardes►uy.j,,, I hereby certify -that 'Aisinstrument was FIL „. r R KECQ�R�' .at% date and time. � . hereof a�ud. tde}d in Book:.. .. .:1?age+ >, '0:4 µ, ' AN gym, la&4ex,of fRTeds y. Deputy