HomeMy WebLinkAboutCityMgrForm.1384.10-18-1978CITY MANAGER FORM ORDINANCE NO 1 U�
AN. ORDINA'�TCE DECLARING IT A NECESSITY FOR THE CITY OF CAPE
GIRARDEAU, MISSOURI., TO ACQUIRE EITHER BY PURCHASE, GIFT
OR CONDEMNATION, CONSTRUCTION EASEMENTS ALONG BOTH SIDES
OF AND ADJACENT TO THE CAPE ROCK DRIVE RIGHT-OF-W.AY FOR THE
IMPROVEMENT OF THAT PART OF CAPE ROCK DRIVE FROM A POINT
19•.5 FEET EAST OF .THE .EAST RIGHT-OF-WAY LINE OF PERRYVILLE
ROAD, NORTHEASTERLY 4,070.0 FEET TO THE NORTH CITY LIMITS,
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ACQUIRE SAID
EASEMENTS, EITHER BY PURCHASE, GIFT OR CONDEMNATION, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL INSTRUMENTS AND DOCUMENTS
NECESSARY OR REQUIRED FOR THE ACQUISITION OF SAID EASEMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City Council of the City of Cape
Girardeau, Missouri, does hereby declare and find that a
public necessity exists for the acquisition by the. City of
Cape Girardeau, Missouri, of construction easements along
bo:th'sides of and adjacent to the Cape Rock Drive right-of-
way from a paint 19.5 feet East of .the East right-of-way
line of Perryville Road, Northeasterly 4,070.0 feet to the
North City Limits, for -street improvements.
SECTION 2. It is hereby ordered .that the City of
Cape Girardeau, Missouri, shall acquire construction easements
along both sides of and adjacent to the. Cape Rock Drive right -
of -way -from a point 19.5 feet East of the East right-of-way
line of Perryville Road, Northeasterly 4,070.0 feet to the
North City Limits, for street improvements, said easements
to be acquired are more particularly described as follows:
TRACT 1.
A 10 foot roadway construction easement along the South line
of a tract of land as described in Book 229 at Page 491,
more particularly described as follows:.
.Start.at.the most Northerly Northwest corner of Lot 1, Block
4, of Oak Hills Subdivision as recorded in Plat Book 6 at
Page 8 of .the land records of Cape Girardeau County, Missouri;
thence North along the East line of Lot 1, extended, of said
subdivision, 30 feet to the center of Cape Rock Driver thence
South .46° 28' west along the center of Cape Rock Drive, 114
feet thence with the center of Cape Rock Drive along a 100
curve to.the right, 284.5 feet® thence with'the center of
Cape Rock Drive, South'74Q 551 -West, 104.8 feet to the center
of.Perryville Road; thence North -301 541 West with the center
of Perryville Road, .24.0 feet; thence leaving said road,,
North.68® 48' East,..30.44 feet, moreor less,: to the East
right-of-way line of Perryville Road for a point of beginnings
thence continue North .68° 48' East, 163.96 feet to a corners
thence North .33 36' East, .17.35 feet; thence South .68° 48'
West, 179.85 feet, more or less, to the said East line of
Perryville Road;..thence South 30° 54' East, ,along said East
line, 10.14 feet to the point of beginning.
TRACT 2
A roadway construction easement along the Northwest line
of part of Lot 3, Block 4, Oak Hills Subdivision, more particularly
described as follows.:
Begin at.the most Northerly corner of a tract of land as
described in Book 292 .at Page 164 of the land records of
Cape Girardeau County, Missouri; thence Southeasterly along
the Northeast line of said tract, 15 feet; thence Southwesterly,
parallel to the Northwest line of said tract, 35 feet; thence
Northwesterly, parallel to the Northeast line of said tract,
5 feet; thence Southwesterly parallel to said Northwest line,
30.feet, more or less, to the Southwest line of Lot 37' Block
4,. -Oak Hills Subdivision, as recorded in Plat Book 6 at Page
8 of the said land records; thence Northwesterly along said
lot line, 10 feet to the Northwest line of said tract; thence
Northeasterly along said Northwest line, 65 feet, more or
less, to the point of beginning.
TRACT 3.'
A 20 foot -roadway easement along the Northwest lines of parts
of..Lots 3 and 4, Block 4, Oak Mills Subdivision, more particularly
described as follows:
Begin at the most.Westerly corner of a tract of land as described
in Book 232 at Page 65 of the land records of Cape Girardeau
County, Missouri; thence Southeasterly along .the Southwest
line of said tract, 20 feet; thence Northeasterly parallel
to .the Northwest line of said tract, 160 feet to the. Northeast
line of said tracts thence Northwesterly along said Northeast
line, 20 feet to .the Northwest line of said tract; thence
Southwesterly along said Northwest line, 160 feet to the
point of beginning.
TRACT, 4.
A 15 foot roadway construction easement along the Northwest
line of parts of Lots 7 and 8, Block 4, Oak Hills Subdivision,
described as follows:
Begin at.the most Northerly corner of a tract of land as
described in Book 232 at Page 149 of the land records of
Cape Girardeau County, Missouri, said corner being on .the
Southeast right-of-way line of Cape Rock Drive; thence Southeasterly
along the Northeast line of said tract to a point 15 feet
Southeast of the. Northwest line of said tract and the Southeast
line of Cape Rock Drive, measured perpendicular .thereto;
thence Southwesterly, parallel to and 15 feet Southeast of
said Northwest line, 50 feet; .thence Northwesterly perpendicular
to.said Northwest line, 15 feet to said line; thence Northeasterly
along said Northwest line to the point of beginning.
TRACT 5.
A roadway construction easement along the West lines of Lot
9 and part of Lot 8, Block 4, Oak Hills Subdivision, described
as. follows.:
Begin at .the most Northerly Northwest corner of a tract of
land as recorded in Book 274 .at Page 625 of the land records
2.
of Cape Girardeau County, Missouri; thence southerly, along
the west line of said tract,.127.6 feet to the: most Westerly
Southwest corner of said tract;. thence Southeasterly along
the Southwest line of said tract to a point 15 feet Southeast
of and measured perpendicular to said west line;. thence Northeasterly
parallel to. and 15 feet Southeast of said West line, 40 feet;
thence Westerly perpendicular to said West line, 10 .feet;
thence Northeasterly, parallel to and 5 feet Southeast of
said west line to .the North -line of said tract;. thence westerly,
along said North .line, 5 feet to the point of beginning.
TRACT 6.
A 5 foot roadway construction easement along.the. Northwest
line of Lot 5, Block 7, Oak Hills Subdivision, described
as -follows
Begin.at.the most Northerly corner of a tract of land as
recorded in Book 20.4 at Page 679 of the land records of Cape
Girardeau County, Missouri; thence Southeasterly along.the
Northeast line of said tr.act,.5 feet;. .thence Southwesterly,
parallel to and 5 feet Southeast of the Northwest line of
said tract,.90 feet to .the Southwest line of said tract;
thence Northwesterly along said Southwest line, 5 feet to
.the Northwest line of said tract;. thence Northeasterly along
said Northwest line, which line is the Southeast line of
Cape Rock Drive,.90 feet to the point of beginning.
TRACT 7.
A roadway construction easement along the Northwest line
of.Lots 6 and 7, Block 7,.of Oak. Hills Subdivision, described
as follows:.
Begin.at.the. most Northerly corner of a tract of land as
described in Book 269 at Page 255 of the lard records of
Cape Girardeau County, Missouri; .thence Southeasterly along
.the Northeast line of said tract, 10 feet; thence Southwesterly
parallel to and 10 feet Southeast of. the Northwest line of
said tract, 90 feet to the Northeast line of Lot 6, Block
7, Oak Mills Subdivision,'. as recorded in Plat Book 6 at Page
8 of said land records; thence Northwesterly along the said
Northeast line of Lot 6, 5 feet; thence Southwesterly parallel
to and 5 feet Southeast of .the. said Northwest line, 90 feet
to th.d Southwest line of said Lot 6; .thence Northwesterly
along the said Southwest line of Lot 6, 5 feet to the said
Northwest line; thence Northeasterly along'said Northwest
line and .the Southeast line of Cape Rock Drive, 180 feet
to -the point of beginning.
TRACT .8.
A roadwayconstruction easement along the Northwest line
of Lot 4 and 5, Block 9, Oak Hills Subdivision, described
as.follows.
Begin at the most westerly corner of a tract of land as recorded
in -Book 325.at Page 725 of -the land records of Cape'Girardeau
County, Missouri; .thence Southeasterly along the Southwest
line of said tract,.10 feet; thence Northeasterly parallel
to and 10 feet Southeast of the Northwest line of said tract,
90 feet to .the Northeast line of Lot 4, of Block 9, Oak Hills
Subdivision as recorded in Plat Book 6 at Page 8 of said
land records;: thence Northwesterly along said lot line, 5
feet;..thence Northeasterly parallel to and 5 feet Southeast
of.the Northwest line of said tract, 90 feet to the Northeast
line of said tract;. thence Northwesterly along said Northeast
line, .5 feet;..thence Southwesterly along said Northwest line,
180 .feet to .the point of beginning.
3.
TRACT 14.
A 5 foot roadway construction easement along th.6 East line
of Lot 3, Parksite , Estates,described as follows.:
Begin at the Southeast corner of Lot 3, Parksite Estates
as recorded in Plat Book 10 at Page 12 of-thd'land records
of Cape Girardeau County, Missouri; thdhce Westerly along
.the South .line *of said Lot 3, 5 feet; thence Northerly parallel
toand 5 feet West of the'East line of said Lot 3, to the
North line of said lot; thence Easterly along said North
line tothd East line of said Lot; thence Southerly along
said East line,99 feet to the point of beginning.
TRACT 15.
A 10 -foot -roadway construction easement along the East line
of. -Lot 2,..P-arks.ite Estates, described as follows:
Beginat the Southeast corner of Lot 2, Parksite Estates
asrecordedin Plat Book 10 at Page 12 of the land records
of -Cape Girardeau County, Missouri; thence Westerly along
.thd South'.1ine of said Lot 2 to a point 10 feet West of the
East line of said lot; thence Northerly parallel to and 10
feet West of said East line to the North line of said lot;
thence Easterly along said North line to the East line of
said lot;- thence Southerly along said East line 105 feet
to,,the point of beginning.
TRACT 16.
A'5 foot roadway construction easement along the East line
of Lot 1, Parksite Estates, described as follows:
Begin atthe Southeast corner of Lot 1, Parksite Estates
as,recorded in Plat Book 10atPage 12 of the land records
of,CapeGirardeau County, Missouri; thence Westerly along
the'South'.line of said lot to a point 5 feet, measured perpendicular
from the East line of said lot;. thence Northerly parallel
to and 5 feet from the said east line,. to the North line
of said lot;- thence Easterly along said North'lineto the
said East line of said lot; thdhce Southerly along said East
line 139.9 feet to the point of beginning.
TRACT 17.
A 10 foot roadway construction easement along the West line
of,a parcel of land in the West half of Section 30, described
as:follows:
Begin at thd most Westerly corner of a tract of land as described
in Book 298atPage 676 of the land records of Cape Girardeau
County, Missouri; thence North 320 48' East along the West
line of . said tract and the East line of Cape Rock Drive,
150 feet to.theNorth line of said tract;. thence South.750
061 East along the North .line of said tract, 10.1 feet to
apoint 10 feet East of said West line and measured normal
thereto; thence South .320 48' West,.150.11 feet to the South
line of said tract;. thence North 74' 44' West along the said
South.line,10.08 feet to the point of beginning.
TRACT 18.
A 5 foot roadway construction easement along the West line
of a parcel of land in the West half of Section 30,Township
31 North,'. Range 14 East, described as follows:
Begin .at the most Westerly corner of a tract of land as recorded
in,Book 273 at Page 432 of the. land records of Cape Girardeau
Co.unty,Xissouri . ;..thence North.320 48' East along the East
line of Cape Rock Drive and the. West line'of said tract,
115 feet; thence South:'.750 491 East, along the North'.line
of said tract,10.55 feet;. thence South 32° 48' West parallel
to said West line, 115.14 feet to the South line of said
tract; thence North'.750 06" West along the South line of
said tract, 10.51 feet tothepoint of beginning.
5.
TRACT 19.
A 15 foot roadway construction easement along the Nest line
of a parcel of land in .the west half of Section 30, Township
31 North, Range 14 East, described as follows:
Begin at.the most westerly corner of a tract of land as described
inBook238 at Page 99 of..the land records of Cape'Girardeau
County, Missouri; thence North 32° 48' East along the East
line of Cape Rock Drive and .the west line of said tract,
123:5 feet;..thence continue with'the East line of Cape Rock
Drive on a curve to the left, 71.5 feet; thence Easterly
along the No.rth'line of said tract to a point 15 feet East
of and measured perpendicular to said west line of said tract;
thence Southerly parallel to and 15 feet East of said west
line to .the South line of said tract; .thence North. 75° 49'
West along said South.line,.15.83'feet to the point of beginning.
TRACT 20..
A roadway construction easement in the West half of .the Northeast
Quarter of Fractional Section 30, Township 31 North, Range
14 East, described as follows
Commence.at.the most Northerly corner of a tract of land
as.described in Book 238 .at Page 437 of .the land records
of.,Cape Girardeau County, Missouri; which .point is on the
East right-of-way line of Cape Rock Drive; .thence Northerly
along said East right-of-way line, 300 feet for a point of
beginning; thence Easterly perpendicular to said East right-
of-way line,..5 feet; thence Northerly 5 feet East of and
measured: perpendicular to said East right-of-way line, 350
feet;:.thence Easterly perpendicular to said right-of-way
line, ,5 feet; .thence Northerly parallel to and 10 feet East
of said right-of-way line, 120 feet; thence westerly perpendicular
to -said right-of-way line,.10 feet to said right-of-way line;
thence Southerly along said right-of-way line to the point
of.beginning.
TRACT 21.
A roadway. construction easement along the. East side of a
tract of land as recorded in Book 251 at Page 686 described
as follows.
Start.at a stone at.the Northwest corner of the Northeast
Quarter of .the Northwest Quarter of Fractional Section 30;
thence South'0' 01' west along the quarter .quarter line,
1,6.88.2 feet; thence South .81° 58' East, 730.4 feet along
the North -.line of a tract of land as recorded in Book 251
at Page 686 of .the land records of Cape Girardeau County,
Missouri, to a point in.the west right-of-way line of Cape
Rock Drive for a point of beginning;. thence North .81° 58'
west,.26.49 feet to a point 25.feet west of and measured
perpendicular to the East line of said tract; .thence South
250 12' Nest, _193:7 feet; .thence South .64" 48' East,.10 feet;
.thence South .25° 12'. west,,100 feet; thence South .64° 48'
East,..5 feet;. thence South 25° 12' west, 437.2 feet to a
point on :the radius of .the point of curvature of a 5° 08'
curve to.the right as described in the deed to said tract;
thence North.641 48' west along the said radius, 10 feet;
thence in a Southwesterly direction along a curve to the
right with a degree of curvature of 50 13' 37" and a tangent
bearing of South .25° 12' west, .203:5 feet;. thence North*540
101:: west, .5 feet along a radius of said 5° 13' 37" curve
and said 50 08' curve; .thence in a Southwesterly direction
along a 5° 15' curve to.thhhe right, having a tangent with
a bearing of South'35° 50' west, 202.57 feet to a point on
the radius of. the point of tangency of a 51 08' curve as
described in :the deed to said tract; thence North'43` 32'
West along said radius 5 feet; thence South .46" 28' west
0
parallel to and 30 feet west of .the East line of said tract,
206.68 feet .to_ .the South :line :of said -tract;. .thence South
00 01' west along said South:line, 41.39 feet to said East
line; thence North .46° 28' west with :said East line, .235.2
feet to the point of tangency of a'50'081 curve to .the left;
.thence along said 5`06' curve to .the left 414.28 feet,..thence
North .25Q 12'. East ,along said East line, 730.9 feet to. :the
point.of beginning. All within Township 31 North,"Range*
14 East,.of .the Fifth Principal Meridian
TRACT :22.
A 15 foot roadway construction easement along :the west line
of a private roadway easement described as followsa-
Begin.at the. Northwest corner of a tract of land as described
in Book 246 -at Page.195 of. .the land records of Cape Girardeau
County, Missouri, which point is on the East right-of-way
line of Cape Rock Drive; thence Northeasterly along.the extension
of.the West .line of said tract and the East line of Cape
Rock Drive, 51.7 feet, more or less, to. the Southwest corner
of a. tract of land as described: in Book 298 at Page 676 of
said land records;: thence Easterly along the South -.line of
last mentioned: tract to a point 15 feet East of and measured
perpendicular to the west line of last mentioned tract;..thence
Southwesterly parallel to. and 15 feet East of the East line
of.Cape Rock Drive to the North .line of first mentioned tract;
thence westerly along .the North:line of first mentioned tract
to...the point of beginning.
SECTION 3. It is hereby ordered that the easements
described in Section 2. .hereof shall be acquired by the City
of Cape Girardeau, Missouri, either by pur.chdse`or gift,_
-or if said City is unable to agree with the owners of said
real estate as to.. the reasonable compensation therefor,then:
It is ordered.that the City Attorney is authorized and directed
to institute condemnation proceedings in the name of the
City of Cape Girardeau, Missouri, in the proper court in
order to acquire said easements by the exercise of the right
of Eminent Domain, in.the manner as provided for in .the laws
of .the.State of Missouri.
SECTION 4. The Mayor of the City of Cape Girardeau,
Missouri, is hereby authorized and directed to enter into
on behalf of said City, ,any agreement, contract, option or
deed with:any .person whatsoever in connection with:the acquisition
of said interests in land for said City, and he is hereby
authorized to execute on behalf of and in the name of said
City any instrument or document which may be necessary in
the .:acquisit on of said easements..
7
SECTION 5. This ordinance :shall be in full force
and effect ten days after its passage and approval.
PASSED AND APPROVED THIS If DAY OF
CITY. CLERK
M.