HomeMy WebLinkAboutOrd.1010.05-20-1991BILL NO. 91-73
ORDINANCE NO. 10 IU
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS,
PERMANENT ACCESS EASEMENTS, TEMPORARY ACCESS
EASEMENTS, A PERMANENT EASEMENT, A TEMPORARY
CONSTRUCTION EASEMENT, A SEWER EASEMENT, AND
SPOIL DISPOSAL EASEMENTS FOR THE CAPE LACROIX
CREEK --WALKER BRANCH FLOOD CONTROL PROJECT
ARTICLE 1. 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 100 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 79° 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 2. 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 100 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 820 04' 20" East, 28.79 feet;
thence South 510 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 t -he 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 3, 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 37' East, with the
East line of Commercial Street, 145.6 feet; thence South
871 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.
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ARTICLE 4. 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 87° 09' 29" East, 97.6
feet; 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 13° 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 230 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 described of the Cape Girardeau Conty Recordero
Book 281, Page 569 P
Deeds.
ARTICLE 5. The City of Cape Girardeau, Missouri, hereby
accepts a General Warranty Deed executed by Charles F. Blattner
and Joyce E. Blattner, his wife; Charlotte Blattner Sher£ield and
Lester I. Sherfield, her husband; Donald K. Blattner and Constance
R. Blattner, his wife; Paul E. Blattner and Marion E. Blattner,
his wife; Robert C. Blattner, Husband of Erlene M. Blattner,
deceased; Barbara Blattner Schaffner and David E. Schaffner, her
husband; Jean Blattner Henry, Widow of Harry Henry, deceased;
Eleanor B. Richmond and Irvin J.
Trust Richmond
ichbymndIrvinr Jusbaid; e
ThTh,
Eleanor B. Richmond Voluntary
Co -Trustee; and Boatmen's Bank of Cape Girardeau, conveying to the
City of Cape Girardeau, Missouri, a General Warranty Deed for the
Cape LaCroix Creek -Walker
Bran htoFlood Control Project, more
particularly described
No. 20-307-00-07-001.02
That part of Lot No. 3 of a Resubdivision of Lot No. 21 of
Independence West Commercial Subdivision in the City and
County of Cape Girardeau, State of Missouri, as shown on
the plat recorded in Plat Book 15 at Page 44 and described
as follows:
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Commence at the Southwest Corner of said Lot No. 3; thence
South 860 03' 02" East, with the South line of said Lot No.
3, 190.63 feet, to the place of beginning; thence North 220
35' 09" West, 24.02 feet; thence North 00 02' 01" East,
102.23 feet, to a point on the North line of said Lot No.
3; thence South 861 03' 02" East, 19.81 feet, with said
North line, to the Northeast corner of said Lot No. 3;
thence South 20 19' 41" West, 14.48 feet; thence South 450
40' 19" East, 89.0 feet; thence South 550 40' 19" East,
101.54 feet, to the Southeast Corner of said Lot No. 3;
thence North 860 03' 02" West, 157.91 feet, to the place of
beginning and containing 9,558 sq. feet.
ARTICLE 6. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Access Easement executed by Charles F.
Blattner and Joyce E. Blattner, his wife; Charlotte Blattner
Sherfield and Lester I. Sherfield, her husband; Donald K. Blattner
and Constance R. Blattner, his wife; Paul E. Blattner and Marion
E. Blattner, his wife; Robert C. Blattner, Husband of Erlene M.
Blattner, deceased; Barbara Blattner Schaffner and David E.
Schaffner, her husband; Jean Blattner Henry, Widow of Harry Henry,
deceased; Eleanor B. Richmond and Irvin J. Richmond, her husband;
The Eleanor B. Richmond Voluntary Trust by Irvin J. Richmond,
Co -Trustee; and Boatmen's Bank of Cape Girardeau, conveying to the
City of Cape Girardeau, Missouri, a Temporary Access Easement for
the Cape LaCroix Creek -Walker Branch Flood Control Project, more
particularly described as follows, to -wit:
No. 20-307-00-07-001.02
That part of Lot No. 3 of a resubdivision of Lot No. 21 of
Independence West Commercial Subdivision in the City and
County of Cape Girardeau, State of Missouri, as shown on
plat recorded in Plat Book 15 at Page 44 and described as
follows:
Commence at the Southwest corner of said Lot No. 3; thence
South 860 03' 02" East with the South line of said Lot No.
3 190.63 feet; thence North 220 35' 09" West 24.02 feet;
thence North 00 02' 01" East 72.16 feet to the point of
beginning; thence North 000 02' 01" East 30.07 feet to a
point on the North line of Lot No. 3; thence North 860 03'
02" West 172.92 feet to the Northwest corner of said Lot
No. 3; thence South 030 56' 58" West along Broadview street
30 feet; thence South 860 03' 02" East 174.97 feet to the
point of beginning and containing 5,218 square feet.
ARTICLE 7. The City of Cape Girardeau, Missouri, hereby
accepts a General Warranty Deed executed by General Sign Company,
a corporation, 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:
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No. 20-307-00-01-003.00
That part of Lot 6 and that part of Lots 5 and 7 of
Nothdurft's Partition, as shown by Plat recorded in Plat
Book 4 at Page 46, and part of Lot No. 2, of R.L.
Sturdivant's Subdivision, as shown by plat recorded in Plat
Book 2 at Page 61 and part of that part of Old Broadview
Street, between the South part of Lots 5 and 7 of
Nothdurft's Partition, and between Lot 6 and the West line
of the W. H. Cotner Tract, not included in the new location
of Broadview Street, being a part of 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 Southwest Corner of said Lot 6, the place
of beginning; thence North 60 52' 26" East, 159.2 feet;
thence North 790 27' 34" West, 230.0 feet; thence North 60
42' 26" East, 38.11 feet; thence South 67° 15' 03" East,
97.22 feet; thence South 780 18' 08" East, 121.20 feet;
thence South 580 26' 18" East, 62.14 feet; thence South 240
02' 59" East, 112.11 feet; thence South 40 52' 54" West,
52.28 feet, to a point on the South line of said Lot No. 6
being also the North line of Independence Street; thence
with said North line North 83° 36' 34" West, 100.54 feet,
to the place of beginning and containing 17,109 sq. feet.
ARTICLE
8. The City of Cape
Girardeau,
Missouri, hereby
accepts a
Permanent Access Easement
executed
by General Sign
Company, a
corporation, 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:
That part of Lots No. 5, 6, and 7 of Nothdurft's Partition,
as shown by plat recorded in Plat Book 4 at Page 46 and
part of Lot No. 2 of R. L. Sturdivants Subdivision, as
shown by plat recorded in Plat Book 2 at Page 61, and part
of that part of Old Broadview Street between the South
parts of Lots 5 and 7 of Nothdurft's Partition, and between
Lots 6 and the West line of the W. H. Cotner Tract, not
included in the new location of Broadview Street, being a
part of U.S.P. Survey No. 2199, Township 31 North, Range 13
East, in the City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Southwest corner of said Lot No. 6; thence
South 830 36' 34" East, with the North line of Independence
Street, 114.40 feet; thence North 6° 58' 35" East, with the
West line of Broadview Street, 129.40 feet, to the place of
beginning; thence continue North 611 58' 35" East, 30.04
feet; thence North 791 56' 23" West, 111.43 feet; thence
South 580 26' 18" East, 41.48 feet; thence South 240 02'
59" East, 17.87 feet; thence South 790 56' 23" East, 64.43
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feet, to the place of beginning and containing 2429 sq.
feet, more or less.
ARTICLE 9. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Easement executed by Cape Centre Development
Corporation, a Missouri Corporation, conveying to the City of Cape
Girardeau, Missouri, a Permanent Easement for the Cape LaCroix
Creek -Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
That part of Lot No. 1 of Westborough Subdivision in the
City and County of Cape Girardeau, State of Missouri, as
recorded in Plat Book 14 at Page 82 and described as
follows:
Commence at the Northeast Corner of said Lot One, being in
the center of Cape LaCroix Creek and on the South line of
Missouri State Route "K"; thence with said South line,
North 85° 54' 07" West, 70.00 feet; thence South 731 16'
43" West, 41.94 feet; thence leaving the South line of said
Route "K", South 20 47' 39" West, 99.01 feet; thence South
110 34' 35" West, 122.19 feet; thence South 000 16' 57"
East, 330.91 feet; thence South 231 35' 58" East, 116.35
feet; thence South 431 03' 29" East, 86.41 feet; thence
South 370 53' 19" East, 62.30 feet; thence South 491 53'
06" East, 53.87 feet; thence South 58° 21' 46" East, 44.10
feet, to the place of beginning; thence South 1" 08' 38"
West, 16.62 feet; thence South 690 33' 58" East, 21.19
feet; thence North 621 50' 35" East, 11.93 feet; thence
North 580 21' 46" West, 36.41 feet, to the place of
beginning and containing 346 square feet, more or less.
ARTICLE 10. The City of Cape Girardeau, Missouri, hereby
accepts a Spoil Disposal Easement executed by Charles A. Juden,
Jr., Trustee of the Second Juden Voluntary Trust, dated
February 1, 1985, conveying to the City of Cape Girardeau,
Missouri, a Spoil Disposal Easement for the Cape LaCroix
Creek -Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
All that part of Outlot 64, U.S.P. Survey 2199 in the City
of Cape Girardeau, described as follows:
Commence at a limestone rock at the Northeast corner of
Outlot 62; thence South 810 58' East, 3102.9 feet along the
North line of Outlot 64 to a spike in the centerline of the
St. Louis and San Francisco Railroad tract, said point
being North 281 42' East, 270 feet from the point where
center line of said railroad track intersects the North end
of a trestle of said railroad; thence continue South 810
58' East along the North line of Outlot 64, also the North
line of Boundary Street 133.6 feet; thence South 280 42'
West, 74.82 feet to a point at the intersection of the
South line. of Boundary Street and the West line of Ramsey
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Lane, said point being marked by a 1/2 inch rod, the point
of beginning; thence South 27° 40' West, 650.1 feet to a
1/2 inch rod; thence South 6° 20' West, 619.9 feet to a
point on the North line of LaCruz Street, said point being
marked by a 1/2 inch rod; thence South 830 32' East, 944.6
feet to the top of the Mississippi River bank; thence North
140 44' East, 1214.5 feet to the South line of Boundary
Street; thence North 810 58' West, 884.3 feet to the point
of beginning.
ARTICLE 11. The City of Cape Girardeau, Missouri, hereby
accepts a Spoil Disposal Easement executed by Kuss Land
Development Corporation, a Missouri Corporation, conveying to the
City of Cape Girardeau, Missouri, a Spoil Disposal Easement for
the Cape LaCroix Creek -Walker Branch Flood Control Project, more
particularly described as follows, to -wit:
That part of Outlot No. 86 in U.S.P. Survey No. 2199,
Township 30 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northeast Corner of said Outlot No. 86;
thence South 60 46' 25" West, with the East line of said
Outlot 86, a distance of 496.15 feet, to the place of
beginning; thence continue South 60 46' 25" West, 595.51
feet; thence North 831 36' 54" West, 461.04 feet; thence
North 20 37' 28" East, 41.50 feet; thence South 83° 36' 54"
East, 20.0 feet; thence North 20 37' 28" East, 150.0 feet;
thence South 830 36' 54" East, 80.0 feet; thence North 811
05' 20" East, 434.55 feet; thence South 780 55' 18" East,
365.95 feet, to the place of beginning and containing 5.547
acres, more or less.
ARTICLE 12. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Access Easement executed by Kuss Land
Development Corporation, a Missouri Corporation, conveying to the
City of Cape Girardeau, Missouri, a Temporary Access Easement for
the Cape LaCroix Creek -Walker Branch Flood Control Project, more
particularly described as follows, to -wit:
That part of Outlot No. 86 in U.S.P. Survey No. 2199,
Township 30 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northeast Corner of said Outlot No. 86;
thence South 60 46' 25" West, with the East line of said
Outlot 86, a distance of 496.15 feet; thence North 780 55'
18" West, 365.95 feet; thence South 8° 05' 20" West, 120.23
feet, to the place of beginning; thence continue South 80
05' 20" West, 20.03 feet; thence North 781 52' 32" West,
207.43 feet, to a point on the East line of Commercial
Street; thence North 110 07' 28" East, 20.0 feet, with said
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East line; thence South 780 52' 32" East, 206.37 feet, to
the place of beginning and containing 4138 square feet,
more or less.
ARTICLE 13. The City of Cape Girardeau, Missouri, hereby
accepts a Spoil Disposal Easement executed by Six -Thirty, Inc., a
Missouri Corporation, conveying to the City of Cape Girardeau,
Missouri, a Spoil Disposal Easement for the Cape LaCroix
Creek -Walker Branch Flood Control Project, more particularly
described as follows, to -wit:
A part of Outlot No. 63, United States Private Survey No.
2199, Township 30 North, Range 14 East of the Fifth
Principal Meridian, City and County of Cape Girardeau,
State of Missouri, being more particularly described as
follows:
Commencing at the intersection of the West line of Outlot
No. 63 and the South right-of-way line of Missouri State
Route 74, from which point the Northwest corner of Outlot
No. 63 bears North 071 15' 35" East, 917.18 feet; thence
North 780 37' 00" East, 682.50 feet along said South
right-of-way line to the true point of beginning•
Thence continuing along said South right-of-way line North
780 37' 00" East, 625.60 feet; thence South 110 23' 00"
East, 280.00 feet; thence South 650 05' 04" West, 679.47
feet; thence North 81° 20' 25" West, 188.32 feet; thence
North 000 39' 58" West, 181.35 feet; thence North 480 12'
47" East, 152.73 feet; thence North 090 57' 05" East,
127.72 feet to the point of beginning containing 6.34 acres
more or less.
ARTICLE 14. 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 15. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS as DAY OF , 19.
ATTEST:
(�� )I�LD
J ie A. --Dale
D uty City Clerk
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