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HomeMy WebLinkAboutOrd.1019.06-03-1991BILL NO. 91-93 ORDINANCE NO. 1017 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, A SPOIL DISPOSAL EASEMENT, AND A TEMPORARY ACCESS 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 Jack L. Sterrett and Sharon A. Sterrett, 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: That part of Lot 4 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. 4; thence South 860 03' 02" East, with the South line of said Lot No. 4, 172.92 feet, to the place of beginning; thence North 00 02 00" East, 37.20 feet; thence North 4° 02' 18" East, 79.15 feet, to a point of the North line of said Lot No. 4, being also the South line of Independence Street; thence South 83" 36' 34" East, with said North line of said Lot No. 4, 50.53 feet, to the Northeast corner of said Lot No. 4; thence South 29° 19' 41" West, 69.3 feet; thence South 20 19' 41" West, 51.52 feet, to the Southeast corner of said Lot No. 4; thence North 860 03' 02" West, 19.81 feet, to the place of beginning and containing 3,355 square feet.. ARTICLE 2. The City of Cape Girardeau, Missouri, hereby accepts a General Warranty Deed executed by Lillian A. Kuss, a single person; John Kuss and Ofelia Kuss, husband and wife; Edward Kuss and Mary Kuss, husband and wife; Justine T. Melton, a single person; Mary Klee and Arthue Klee, her husband; Marvin Laurentius and Donna Laurentius, husband and wife; Richard Laurentius, a single person; Clarence Laurentius and Janice Laurentius, husband and wife; Jeanette Anderson, a single person; and Diana L. Laurentius a/k/a/ Diane Bise, 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: No. 20-312-00-07-011.00 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 Northwest Corner of Walnut Street and Commercial Street as shown on the plat of part of Lot No. 1 of the 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 791 03' 29" East, with the North line of Walnut Street extended 230.0 feet; thence North 101 56' 31" East, 100.0 feet; thence South 790 03' 29" East, 20.0 feet; thence North 101 56' 31" East, 125.00 feet; thence South 79° 03' 29" East, 259.14 feet, to the place of beginning; thence continue South 790 03' 29" East, 88.36 feet; thence South 140 07' 29" East, 156.37 feet; thence South 780 06' 33" West, 49.88 feet; thence North 60 59' 24" West, 9.22 feet; thence North 200 56' West, 81.02 feet; thence North 541 44' 12" West, 20.81 feet; thence North 19° 31' 56" West, 86.85 feet, to the place of beginning and containing 10,900 sq. ft. ARTICLE 3. The City of Cape Girardeau, Missouri, hereby accepts a Spoil Disposal Easement executed by Lillian A. Kuss, a single person; John Kuss and Ofelia Kuss, husband and wife; Edward Kuss and Mary Kuss, husband and wife; Justine T. Melton, a single person; Mary Klee and Arthue Klee, her husband; Marvin Laurentius and Donna Laurentius, husband and wife; Richard Laurentius, a single person; Clarence Laurentius and Janice Laurentius, husband and wife; Jeanette Anderson, a single person; and Diana L. Laurentius a/k/a/ Diane Bise, a single person, 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: Easement is part of a tract described in Book 517, at Page 710 in the land records of Cape Girardeau County, Missouri. That part of the Rodney 400 Arpen Tract, and 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, marked by an Exel, the place of beginning; thence South 61 46' 25" West, with the East line of said Outlot 86, a distance of 145.16 feet, to a point on the North line of Locust Street; thence North 780 55' 18" West, with said North line, 189.32 feet; thence North 111 07' 28" East, 435.0 feet; thence South 780 52' 32" East, 85.0 feet; thence South 61 42' 18" East, 304.74 feet, to the place of beginning and containing 1.488 acres, more or less. ALSO: That part of the Rodney 400 Arpen Tract, of U.S.P. Survey No. 2199, in Township 30 North, Range 13 East of the Fifth -2- Principal Meridian, City and County of Cape Girardeau, State of Missouri, described as follows: Commence at a 1/2 inch iron rod on the Northwest Corner of the intersection of Walnut and Commercial Street; thence with the North line of Walnut and said North line extended, South 790 03' 29" East, 230.00 feet; thence South 100 56' 13" West, 50.00 feet, to the point of beginning; thence North 100 56' 31" East, 150.00 feet; thence South 79° 03' 29" East, 20.00 feet; thence North 100 56' 31" East, 125.00 feet; thence South 790 03' 29" East, 105.00 feet; thence South 60 14' 02" East, 287.84 feet; thence North 790 03' 29" West, 210.00 feet, to the place of beginning and containing 1.000 acres, more or less. ARTICLE 4. The City of Cape Girardeau, Missouri, hereby accepts a Temporary Access Easement executed by Lillian A. Kuss, a single person; John Kuss and Ofelia Kuss, husband and wife; Edward Kuss and Mary Kuss, husband and wife; Justine T. Melton, a single person; Mary Klee and Arthue Klee, her husband; Marvin Laurentius and Donna Laurentius, husband and wife; Richard Laurentius, a single person; Clarence Laurentius and Janice Laurentius, husband and wife; Jeanette Anderson, a single person; and Diana L. Laurentius a/k/a/ Diane Bise, a single person, 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 the Rodney 400 Arpen Tract, of U.S.P. Survey No. 2199, in 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 a 1/2 inch iron rod on the Northwest Corner of the intersection of Walnut and Commercial Streets; thence South 791 03' 29" East, with the North line of Walnut Street extended 50.0 feet, to a point on the East line of Commercial Street; thence South 100 56' 31" West, with the East line of Commercial Street, 15.0 feet, to the place of beginning; thence continue South 10° 56' 31" West, 20.0 feet; thence South 790 03' 29" East, 180.0 feet; thence North 100 56' 31" East, 20.0 feet; thence North 791 03' 29" West, 180.0 feet, to the place of beginning, and containing 3600.0 square feet, more or less. ALSO: That part of the Rodney 400 Arpen Tract, of U.S.P. Survey No. 2199, in 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 a 1/2 inch iron rod on the Northwest Corner of the intersection of Walnut and Commercial Streets; thence -3- with the North line of Walnut Street, and said North line extended, South 790 03' 29" East, 230.0 feet; thence North 100 56' 31" East, 100.0 feet; thence South 790 03' 29" East, 20.0 feet; thence North 100 56' 31" East, 125.0 feet; thence South 79° 03' 29" East, 105.0 feet, to the place of beginning; thence continue South 79° 03' 29" East, 154.14 feet; thence South 190 31' 56" East, 23.21 feet; thence North 790 03' 29" West, 159.73 feet; thence North 61 14' 02" West, 20.93 feet, to the place of beginning and containing 3139 square feet, more or less. ARTICLE 5. 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 6. This ordinance shall be in full force and effect ten days after its passage and approval. /J PASSED AND APPROVED THIS DAY OF , 19 ATTEST: Julie/ Dale Deput City Clerk ands E. Rhoc%�; Mayor -4-