HomeMy WebLinkAboutOrd.987.04-01-1991BILL NO. 91-34
ORDINANCE NO.
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS
FROM GLENN H. NENNINGER AND MARY G. NENNINGER;
RICHARD A. NENNINGER AND BERNADINE A. NENNINGER;
ACCEPTING A FLOWAGE EASEMENT FROM JOHN G. MUENCH
AND MARTHA A. MUENCH; AND ACCEPTING A GENERAL
WARRANTY DEED, SEWER EASEMENT, PERMANENT ACCESS
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM
STEPHEN G. RUSTMAN AND JOYCE RUSTMAN FOR THE CAPE
LACROIX 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 of Cape Girardeau, Missouri, hereby
accepts a General Warranty Deed executed by Glenn H. Nenninger and
Mary G. Nenninger, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a General Warranty Deed for the Cape LaCroix
Creek/Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
All of that part of Section 11, Township 31 North, Range 13
East of the Fifth Principal Meridian, County of Cape
Girardeau, State of Missouri, described as follows:
Commence at a sandstone with chiseled cross on the
Southwest Corner of said Section No. 11; thence with the
South line of said Section No. 11, North 890 24' 14" East,
1345.65 feet, to a 1 inch iron pin on the Southwest Corner
of the Southeast Quarter of the Southwest Quarter; thence
with the South line of said Section No. 11, North 880 52'
45" East, 294.70 feet, to the Southeast corner of a tract
of land described in Book 476, at Page 584, of the land
records of Cape Girardeau county, the point of beginning;
thence North 70 19' 32" East, 469.30 feet; thence North 310
1.9' 32" East, 580.80 feet; thence North 690 25' 27" East,
260.65 feet; thence South 71 40' 32" East, 2.36 feet,
thence South 560 58' 44" East, 82.07 feet; thence South 460
13' 03" West, 129.59 feet; thence South 420 56' 33" West,
125.96 feet; thence South 260 53' 52" West, 614.71 feet;
thence South 230 26' 58" West, 614.71 feet; thence South
230 26' 58" West, 237.06 feet; thence South 220 16' 08"
West, 61.19 feet, to a point on the South line of Section
No. 11; thence with said South Section line, South 88° 52'
45" West, 99.97 feet, to the point of beginning and
containing 4.869 acres, more or less.
ARTICLE 2. The City of Cape Girardeau, Missouri, hereby
accepts a General Warranty Deed executed by Richard A. Nenninger,
a single person, and Bernadine A. Nenninger, a single person,
conveying to the City of Cape Girardeau, Missouri, a General
Warranty Deed for the Cape LaCroix Creek/Walker Branch Flood
Control Project, more particularly described as follows, to -wit:
All of that part of Section 11, Township 31 North, Range 13
East of the Fifth Principal Meridian, County of Cape
Girardeau, State of Missouri, described as follows:
Commence at a sandstone with chiseled cross on the
Southwest Corner of said Section No. 11; thence with the
South line of said Section No. 11, North 890 24' 14" East,
1345.65 feet, to a 1 inch iron pin on the Southwest Corner
of the Southeast Quarter of the Southwest Quarter of said
Section No. 11, said point being also the Southeast Corner
of a tract of land described in Book 291, at Pages 637 and
638, the point of beginning; thence North 000 38' 42" West,
991.02 feet; thence South 240 18' 30" East, 51.47 feet;
thence South 110 49' 00" East, 42.81 feet; thence South 210
34' 23" East, 77.98 feet; thence South 36° 48' 25" East,
38.12 feet; thence South 231 15' 50" East, 55.63 feet;
thence South 160 55' 47" East, 44.97 feet; thence South 260
02' 58" East, 54.41 feet; thence South 810 03' 56" East,
36.81 feet; thence North 420 19' 10" East, 43.90 feet;
thence North 350 55' 30" East, 44.97 feet; thence North 650
10' 59" East, 62.52 feet; thence North 69° 23' 45" East,
89.95 feet; thence North 531 47' 53" East, 82.87 feet;
thence North 67° 24' 39" East, 111.40 feet; thence North
451 39' 05" East, 89.22 feet; thence North 30 11' 32" West,
48.32 feet; thence North 450 07' 34" East, 52.06 feet;
thence North 430 50' 47" East, 79.42 feet; thence North 480
51' 40" East, 113.09 feet; thence North 660 24' 15" East,
76.54 feet; thence North 700 22' 08" East, 118.88 feet;
thence North 821 49' 35" East, 11.28 feet; thence South 210
27' 36" East, 128.45 feet; thence South 690 25' 27" West,
378.43 feet; thence South 311 19' 32" West, 580.80 feet;
thence South 70 19' 32" West, 469.30 feet, to a point on
the South line of Section No. 11; thence with said South
line, South 880 52' 45" West, 294.70 feet, to the point of
beginning and containing'7.960 acres, more or less.
ARTICLE 3. The City of Cape Girardeau, Missouri, hereby
accepts a Flowage Easement executed by John G. Muench and Martha
A. Muench, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Flowage Easement for the Cape LaCroix
Creek/Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
All of that part of Section No. 11, Township 31 North,
Range 13 East of the Fifth Principal Meridian, County of
Cape Girardeau, State of Missouri, described as follows:
Commence at a sandstone with chiseled cross on the
Southwest corner of said Section No. 11; thence with the
South line of said section No. 11, North 890 24' 14" East,
1345.65 feet, to a 1 inch iron pin on the Southwest Corner
of the Southeast Quarter of the Southwest Quarter of
Section 11; thence with the South line of said Section No.
11, North 88° 52' 45" East, 294.70 feet, to the Southeast
corner of a tract of land described in Book 476 at Page 584
of the land records of Cape Girardeau County; thence North
70 19' 32" East, 469.30 feet; thence North 310 19' 32"
East, 580.80 feet; thence North 690 25' 27" East, 378.43
feet, to a point on the Southwest corner of a tract
described in Book 274 at Page 467; thence North 210 27' 36"
West, 85.24 feet, to the point of beginning; thence
continue North 210 27' 36" West, 43.20 feet; thence North
820 49' 35" East, 64.44 feet; thence North 540 58' 09"
East, 93.96 feet; thence North 250 16' 45" West, 59.33
feet; thence North 660 01' 25" East, 22.11 feet; thence
South 280 10' 24" East, 35.90 feet; thence North 290 28'
30" East, 87.77 feet; thence North 570 56' 18" East, 87.87
feet; thence South 250 40' 48" East, 37.92 feet; thence
South 67" 20' 12" West, 65.42 feet; thence South 330 42'
00" West, 85.68 feet; thence South 190 35' 33" West, 41.28
feet; thence South 440 35' 21" West, 76.04 feet; thence
South 740 07' 38" West, 76.17 feet; thence South 620 38'
09" West, 25.43 feet, to the place of beginning and
containing 0.293 acres, more or less.
ARTICLE 4. The City of Cape Girardeau, Missouri, hereby
accepts a General Warranty Deed executed by Stephen G. Rustman and
Joyce Rustman, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a General Warranty Deed for the Cape LaCroix
Creek/Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
No. 20-312-00-07-008.00
That part of Lot No. 1 of a Subdivision of the Rodney 400
Arpen tract, 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 Northwest Corner of Walnut Street and
Commercial Street as same are shown on the plat of a part
of Lot No. 1, Rodney 400 Arpen Tract, and recorded in Plat
Book 5 at Page 51, in the Office of the Recorder of said
Cape Girardeau County, Missouri; thence South 790 03' 29"
East, 50.0 feet, to the Northeast Corner of Walnut Street
and Commercial Street; thence North 101 56' 31" East, with
the East line of Commercial Street, 510.60 feet; thence
South 870 09' 29" East, 262.12 feet, to the place of
beginning; thence South 90 15' 38" West, 45.16 feet; thence
South 820 04' 20" East, 28.79 feet; thence South 510 23'
11" East, 27.02 feet, thence South 130 36' 52" East, 94.02
feet; thence South 190 59' 24" East, 15.13 feet; thence
South 190 31' 56" East, 32.33 feet; thence South 790 03'
29" East, 105.26 feet; thence North 140 07' 29" West,
221.71 feet; thence North 870 09' 29" West, 129.88 feet, to
the place of beginning and containing 22,959 sq. ft.
ARTICLE 5. The City of Cape Girardeau, Missouri, hereby
accepts a Sewer Easement executed by Stephen G. Rustman and Joyce
Rustman, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Sewer Easement for the Cape LaCroix
Creek/Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
No. 20-312-00-07-0080
That part of Lot No. 1 of a Subdivision of the Rodney 400
Arpen Tract, 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:
Commece at the Northwest Corner of Walnut Street and
Commercial Street as same are shown on the plat of a part
of Lot No. 1, Rodney 400 Arpen Tract, and recorded in Plat
Book 5 at Page 51, in the office of the Recorder of said
Cape Girardeau County, Missouri; thence South 790 03' 29"
East, 50.0 feet, to the Northeast Corner of Walnut Street
and Commercial Street; thence North 10° 56' 31" East, with
the East line of Commercial Street, 510 feet; thence South
870 09' 29" East, 165.4 feet, to the point of beginning;
thence South 661 35' 03" East, 72.8 feet; thence South 870
09' 29" East, 26.17 feet; thence South 091 15' 38" West,
19.59 feet; thence South 821 04' 20" East, 28.79 feet;
thence South 511 23' 11" East, 27.02 feet; thence South 130
36' 52" East, 7.30 feet; thence North 66° 35' 03" West,
160.3 feet; thence North 230 24' 57" East, 15.0 feet to the
point of beginning, containing 1366 square feet (0.03
acres) more or less, excluding the area which overlays the
existing drainage and sewer easement as described in Book
448, Page 528 and Book 281, Page 569 of the Cape Girardeau
County Recorder of Deeds.
ARTICLE 6. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Access Easement executed by Stephen G. Rustman
and Joyce Rustman, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Permanent Access Easement for the Cape
LaCroix Creek/Walker Branch Flood Control Project, more
particularly described as follows, to -wit:
No. 20-312-00-07-0080
Part of Lot One (1) of a Subdivision 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:
Start at the Northwest corner of Walnut Street and
Commercial .Street, as same are shown on the plat of a part
of Lot 1, Rodney 400 Arpen Tract, and recorded in Plat Book
5 at Page 51, with the office of the Recorder of Cape
Girardeau County, Missouri; thence South 79° 23' East, 50.0
feet to the Northeast corner of Walnut Street and
Commercial Street; thence North 101 37' East, along the
East line of Commercial Street, 365.0 feet to the point of
beginning; thence continue North 100 371 East, with the
East line of Commercial Street, 145.6 feet; thence South
870 29' East, 392.0 feet to the center of Cape LaCroix
Creek; thence South 140 27' East, with said creek, 221.8
feet; thence North 790 23' West, 482.0 feet to the point of
beginning.
ARTICLE 7. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Stephen G.
Rustman and Joyce Rustman, husband and wife, conveying to the City
of Cape Girardeau, Missouri, a Temporary Construction Easement for
the Cape LaCroix Creek/Walker Branch Flood Control Project, more
particularly described as follows, to -wit:
No. 20-312-00-07-0080
Commence at the Northwest Corner of Walnut Street and
Commercial Street as same are shown on the plat of a part
of Lot No. 1, Rodney 400 Arpen Tract, and recorded in Plat
Book 5 at Page 51, in the office of the Recorder of said
Cape Girardeau County, Missouri; thence South 790 03' 29"
East, 50.0 feet, to the Northeast Corner of Walnut Street
and Commercial Street; thence North 100 56' 31" East, with
the East line of Commercial Street, 510.60 feet; thence
South 870 09' 29" East, 165.4 feet, to the point of
beginning; thence continue South 871 09' 29" East, 97.6
feet; thence South 90 15' 38" West, 45.16 feet; thence
South 821 04' 20" East, 28.79 feet; thence South 510 23'
11" East, 27.02 feet; thence South 130 36' 52" East, 52.0
feet; thence South 760 23' 08" West, 20.0 feet; thence
North 130 36' 52" West, 43.7 feet; thence North 660 35' 03"
West, 145.3 feet; thence North 231 24' 57" East, 27.50 feet
to the point of beginning, containing 4533 square feet
(0.10 acres) more or less, excluding the area of permanent
easement and the area which overlays the existing drainage
and sewer easement as described in Book 448, Page 528 and
Book 281, Page 569 of the Cape Girardeau County Recorder of
Deeds.
ARTICLE 8. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 9. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 19 9/
Francis E. Rhodes, Mayor
ATTEST:
/U
Ju . Dale
Dep t/
t City Clerk