HomeMy WebLinkAboutOrd.1120.12-16-1991BILL NO. 91-258 ORDINANCE NO. II�L
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT FROM
YONG AE KIM AND YONG KIE KIM; PIGGLY WIGGLY
MID SOUTH INC.; DAVID GERLACH AND JERRIE
GERLACH; CONSTANCE W. HARRIS TRUSTEE; KENNETH
OCHS AND GAIL OCHS; AND CLETUS JANSEN AND EDNA
JANSEN FOR THE UPPER CAPE LA CROIX TRUNK SEWER
PHASE 4, SECTION I AND II 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 Permanent Easement executed by Yong Ae Kim and Yong Kie
Kim, husband and wife,, conveying to the City of Cape Girardeau,
Missouri, a Permanent Easement for the Upper Cape La Croix Trunk
Sewer Phase 4,Section I and II Project, more particularly described
as follows, to -wit:
That part of the North half of Section 26, Township 31
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 1/2 inch pipe on the Northwest corner of
the Northwest Quarter of Section 26; thence North 880 53'
35" East, 1343.33 feet; thence North 890 08' 38" East,
1074.10 feet; thence South 200 18' 09" East, 423.00 feet;
thence South 330 59' 24" East, 269.62 feet; thence South
170 43' 09" East, 218.78 feet; thence South 350 48' 18"
East, 143.37 feet; thence North 30 17' 51" East, 95.13
feet, to the point of beginning; thence South 350 481 1811
East, 352.13 feet; thence North 590 131 55" East, 15.05
feet; thence North 350 48' 18" West, 371.92 feet; thence
South 30 17' 51" West, 23.78 feet, to the point of
beginning and containing 5,430 square feet, more or less.
ARTICLE 2. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Yong Ae Kim
and Yong Kie Kim, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Temporary Construction Easement for the
Upper Cape La Croix Trunk Sewer Phase 4, Section I and II Project,
more particularly described as follows, to -wit:
That part of the North half of Section 26, Township 31
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 1/2 inch pipe on the Northwest corner of
the Northwest Quarter of Section 26; thence North 880 53'
35" East, 1343.33 feet; thence North 890 081 38" East,
1074.10 feet; thence South 200 18' 09" East, 423.00 feet;
thence South 330 59' 24" East, 269.62 feet; thence South
170 43' 09" East, 218.78 feet; thence South 350 48' 18"
East, 143.37 feet, to the point of beginning; thence
South 350 48' 18" East, 277.38 feet; thence South 310 00'
15" East, 294.43 feet; thence North 190 09' 36" East,
83.53 feet; thence North 300 46' 06" West, 245.00 feet;
thence North 590 131 55" East, 54.94 feet; thence North
350 48' 18" West, 407.87 feet; thence North 170 43' 09"
West, 41.11 feet; thence South 30 171 51" West, 210.49
feet, to the point of beginning and containing 59,968
square feet, more or less, with 5,430 square feet being
within the permanent easement described above, leaving a
net area of 54,538 square feet.
ARTICLE 3. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Easement executed by Piggly Wiggly Mid South,
Inc., a Tennessee corporation, conveying to the City of Cape
Girardeau, Missouri, a Permanent Easement for the Upper Cape La
Croix Trunk Sewer Phase 4,Section I and II Project, more
particularly described as follows, to -wit:
That part of the Northwest Quarter of Section 26, in
Township 31 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northwest corner of said Section 26;
thence North 880 53' 35" East, 1343.33 feet; thence North
890 08' 38" East, 802.50 feet; thence South 000 25' 37"
East, 955.19 feet; thence North 680 06' 45" East, 700.31
feet, to the place of beginning; thence continue North
680 06' 45" East, 15.04 feet; thence South 170 43' 09"
East, 107.01 feet; thence South 350 45' 18" East, 39.16
feet; thence South 30 17' 51" West, 23.78 feet; thence
North 350 48' 18" West, 60.00 feet; thence North 170 43'
09" West, 108.31 feet, to the place of beginning and
containing 2,358 square feet, more or less.
ARTICLE 4. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Piggly Wiggly
Mid South Inc., a Tennessee corporation, conveying to the City of
Cape Girardeau, Missouri, a Temporary Construction Easement for the
Upper Cape La Croix Trunk Sewer Phase 4, Section I and II Project,
more particularly described as follows, to -wit:
That part of the Northwest Quarter of Section 26, in
Township 31 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northwest corner of said Section 26;
thence North 880 53' 35" East, 1343.33 feet; thence North
890 08' 38" East, 802.50 feet; thence South 000 25' 37"
East, 955.19 feet; thence North 680 061 45" East, 640.15
feet, to the place of beginning; thence continue North
680 06' 45" East, 120.32 feet; thence South 170 43' 09"
East, 62.03 feet; thence South 30 17' 51" West, 210.49
feet; thence North 350 48' 18" West, 143.37 feet; thence
North 170 43' 09" West, 113.48 feet, to the place of
beginning and containing 20,047 square feet, more or
less, excepting that part within the above described
permanent easement, containing 2,358 square feet, leaving
a net area of 17,689 square feet, more or less.
ARTICLE 5. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Easement executed by David Gerlach and Jerrie
Gerlach, husband and wife, conveying to the City of Cape Girardeau,
Missouri, a Permanent Easement for the Upper Cape La Croix Trunk
Sewer Phase 4,Section I and II Project, more particularly described
as follows, to -wit:
That part of the Southwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northwest Corner of Woodland Hills
Estates Subdivision, said point being the East Quarter
Corner of said Section 23; thence South 880 45' 01" West,
2932.11 feet, to the place of beginning; thence continue
South 880 45' 01" West, 2.14 feet; thence South 100 121
31" West, 14.92 feet; thence South 570 32' 41" East,
84.06 feet; thence South 120 58' 35" West, 610.92 feet,
to a point on the East right-of-way line of Missouri
State Route "W"; thence with said right-of-way line South
140 53' 59" East, 4.27 feet; thence South 90 13' 15"
East, 252.64 feet, to the point of curvature of a curve
to the left having a radius of 5654.58 feet; thence along
said curve a distance of 416.55 feet, (the chord across
said arc bears South 170 001 37" East, 416.46 feet);
thence leaving the right-of-way of Missouri State Route
"W", North 710 52' 11" East, 22.30 feet; thence North 170
24' 49" West, 414.56 feet; thence North 90 091 50" West,
265.23 feet; thence North 120 58' 35" East, 605.13 feet;
thence North 570 32' 41" West, 98.53 feet, to the place
of beginning and containing 25,327 square feet, more or
less.
ARTICLE 6. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by David Gerlach
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and Jerrie Gerlach, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Temporary Construction Easement for the
Upper Cape La Croix Trunk Sewer Phase 4, Section I and II Project,
more particularly described as follows, to -wit:
That part of the Southwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northwest Corner of Woodland Hills
Estates Subdivision, said point being the East Quarter
Corner of said Section 23; thence South 880 45' 01" West,
2823.99 feet, to the place of beginning; thence continue
South 880 45' 01" West, 110.26 feet; thence South 100 12'
31" West, 63.54 feet; thence South 570 32' 41" East,
33.83 feet; thence South 120 58' 35" West, 494.03 feet,
to a point on the East right-of-way line of Missouri
State Route "W"; thence with said right-of-way line South
140 53' 59" East, 100.51 feet; thence South 90 13' 15"
East, 252.64 feet, to a point of curvature of a curve to
the left having a radius of 5654.58 feet; thence along
said curve a distance of 456.56 feet, (the chord across
said arc bears South 170 12' 46" East, 456.44 feet);
thence leaving the right-of-way of Missouri State Route
"W", North 710 52' 11" East, 80.97 feet; thence North 170
24' 49" West, 449.49 feet; thence North 90 09' 50" West,
249.17 feet; thence North 120 58' 35" East, 635.81 feet;
thence North 570 32' 41" West, 51.00 feet, to the place
of beginning and containing 137,975 square feet, more or
less, 25,327 square feet being within the permanent
easement described above, and leaving a net area of
112,648 square feet within the construction easement.
ARTICLE 7. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Easement executed by Constance W. Harris, as
Trustee of the Constance W. Harris Revocable Living Trust dated
June 23, 1982, conveying to the City of Cape Girardeau, Missouri,
a Permanent Easement for the Upper Cape La Croix Trunk Sewer Phase
4,Section I and II Project, more particularly described as follows,
to -wit:
That part of the Southwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northwest corner of the Southwest Quarter
of said Section 23; thence North 880 45' 01" East,
2399.60 feet, to the point of beginning; thence continue
North 880 451 01" East, 24.89 feet; thence South 100 12'
31" West, 14.92 feet; thence North 570 32' 14" West,
26.36 feet, to the point of beginning and containing 182
square feet, more or less.
ARTICLE 8. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Constance W.
Harris, as Trustee of the Constance W. Harris Revocable Living
Trust dated June 23, 1982, conveying to the City of Cape Girardeau,
Missouri, a Temporary Construction Easement for the Upper Cape La
Croix Trunk Sewer Phase 4, Section I and II Project, more
particularly described as follows, to -wit:
That part of the Southwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northwest corner of the Southwest Quarter
of said Section 23; thence North 880 45' 01" East,
2337.74 feet, to the point of beginning; thence continue
North 880 45' 01" East, 86.75 feet; thence South 100 12'
31" West, 63.54 feet; thence North 570 32' 14" West,
47.36 feet; thence North 450 131 27" West, 50.02 feet, to
the point of beginning and containing 2,953 square feet,
more or less, excepting 182 square feet, within the
permanent easement described above, leaving a net area of
2,771 square feet in the construction easement.
ARTICLE 9. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Easement executed by Kenneth Ochs and Gale
Ochs, husband and wife, conveying to the City of Cape Girardeau,
Missouri, a Permanent Easement for the Upper Cape La Croix Trunk
Sewer Phase 4,Section I and II Project, more particularly described
as follows, to -wit:
That part of the Northwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, County of Cape Girardeau, State of Missouri,
described as follows:
Commence at the East Quarter corner of said Section 23;
thence South 880 45' Ol" West, 2932.11 feet, to the point
of beginning; thence continue South 880 45' 01" West,
2.14 feet; thence North 490 511 09" East, 1.24 feet;
thence South 570 32' 41" East, 1.41 feet, to the point of
beginning and containing 0.84 square feet, more or less.
ARTICLE 10. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Kenneth Ochs
and Gail Ochs, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Temporary Construction Easement for the
Upper Cape La Croix Trunk Sewer Phase 4, Section I and II Project,
more particularly described as follows, to -wit:
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That part of the Northwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, County of Cape Girardeau, State of Missouri,
described as follows:
Commence at the East Quarter corner of said Section 23;
thence South 880 45' 01" West, 2823.99 feet, to the point
of beginning; thence continue South 880 45' 01" West,
110.26 feet; thence North 490 511 09" East, 64.12 feet;
thence South 570 321 41" East, 72.56 feet, to the point
of beginning and containing 2219 square feet, more or
less, excepting 0.84 square feet being within the
permanent easement, leaving a net area of 2218 square
feet within the construction easement.
ARTICLE 11. The City of Cape Girardeau, Missouri, hereby
accepts a Permanent Easement executed by Cletus Jansen and Edna
Jansen, husband and wife, conveying to the City of Cape Girardeau,
Missouri, a Permanent Easement for the Upper Cape La Croix Trunk
Sewer Phase 4,Section I and II Project, more particularly described
as follows, to -wit:
That part of Lot No. 1 of U.S.P. Survey 2277, Township 31
North, Range 13 East, County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northeast corner of Section 23; thence
South 880 29' 27" West, 54.33 feet, to a point on the
West line of Missouri State Route "W"; thence North 00
19' 36" West, 387.20 feet, to the place of beginning;
thence continue North 00 19' 361" West, 171.15 feet;
thence leaving said Route "W", South 890 25' 09" West,
19.82 feet; thence South 00 19' 59" East, 171.01 feet;
thence North 890 49' 07" East, 19.80 feet, to the place
of beginning and containing 3,388 square feet, more or
less.
ARTICLE 12. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Cletus Jansen
and Edna Jansen, husband and wife, conveying to the City of Cape
Girardeau, Missouri, a Temporary Construction Easement for the
Upper Cape La Croix Trunk Sewer Phase 4, Section I and II Project,
more particularly described as follows, to -wit:
That part of Lot No. 1 of U.S.P. Survey 2277, Township 31
North, Range 13 East, County of Cape Girardeau, State of
Missouri, described as follows:
Commence at the Northeast corner of Section 23; thence
South 880 29' 27" West, 54.33 feet, to a point on the
West line of Missouri State Route "W"; thence North 00
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19' 36" West, 387.20 feet; thence leaving said Route "W",
South 890 49' 07" West, 19.80 feet, to the place of
beginning; thence continue South 890 49' 07" West, 60.0
feet; thence North 00 19' 59" West, 185.59 feet; thence
North 890 25' 09" East, 79.82 feet, to a point on the
West line of Missouri State Route "W"; thence along said
line, South 00 19' 36" East, 15.0 feet; thence South 890
251 09" West, 19.82 feet; thence South 00 19' 59" East,
171.01 feet, to the place of beginning and containing
11,445 square feet, more or less.
ARTICLE 13. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS IUJ{v DAY OF 19
rancis E. Rhodes, Mayor
ATTEST:
a&� /()- 4d�L)—
Julie A. Dale
Deputy Vity Clerk
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