HomeMy WebLinkAboutCityMgrForm.564.04-07-1971CITY MANAGER FORM ORDINANCE NO."
AN ORDINANCE ACCEPTING EASEMENTS FOR SEWERS IN SEWER DISTRICT
NO. 14-E and 12 -LL FROM ALBERT G. WILSON AND GLADYS WILSON;
WAYNE W.. BENING AND DRAUNDA J. BENING; SIMON J. BISHER AND ROSE
MARIAN BISHER; LEON U. SPELL AND CHRISTINE B. SPELL; JOSEPH R.
KUS.S AND LILLIAN KUSS, AND FRANCES T. KUSS, ACTING HEREIN BY AND
THROUGH JOHTN M. MUSS, JR., HER ATTORNEY IN FACT; SCHNEIDER EQUIPMENT
COMPANY, A MISSOURI CORPORATION; CAPE READY MIX _CO., INC., A
MISSOURI CORPORATION; LUTHERAN HOME FOR THE AGED, A MISSOURI
NON-PROFIT CORPORATION; SHADYBROOK COURT, A LIMITED PARTNERSHIP;
PIONEER ORCHARDS COMPANY, A MISSOURI CORPORATION; MRS. ARTHUR
SANDER;. HARLEY M. LEMMON AND VEDA E. LEMMON; IN THE CITY AND
COUNTY.OF CAPE GIRARDEAU,.'STATE. OF MISSOURI
WHEREAS, Albert G. Wilson and Gladys Wilson; Wayne W.
Bening and Draunda J. Bening; Simon J. Bisher and Rose Marian
Bisher; Leon U. Spell and Christine B..Spell; Joseph R. Kuss
and Lillian Kuss, and Frances T. Kuss, acting herein by and through
John M. Kuss, Jr., her attorney in fact; Schneider Equipment
Company, a Missouri Corporation; Cape Ready Mix Co., Inc. a Missouri
Corporation; Lutheran Home for the Aged, a Missouri non-profit
corporation; Shadybrook Court, a limited partnership; Pioneer
Orchards Company, a Missouri Corporation; Mrs. Arthur Sander;
Harley M. Lemmon and.Veda E. Lemmon, have executed easements for
sewers in Sewer District No. 14-E and 12-LL..'conveyina to the City
of Cape Girardeau, Missouri, land all in the City of Cape Girardeau,
Missouri, and all as more fully described hereinafter in the
Ordinance, and the City desires to accept such easements and have
the same recorded,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City of Cape Girardeau, Missouri, hereby
accepts easements for sewers, executed by Albert G. Wilson and
Gladys Wilson; Wayne W. Bening and Draunda J. Bening; Simon J.
Bisher and Rose ;Marian Bisher; Leon U. Spell and Christine B. Spell;
Joseph. R. Kuss and Lillian Kuss, and Frances T.. Kuss, acting herein
by and through John M. Kuss, Jr., her attorney in fact; Schneider
Equipment Company, a Missouri Corporation; Cape Ready Mix Co., Inc.
a Missouri Corporation; Lutheran Home for the Aged, a Missouri
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non-profit corporation; Shadybrook_ Court, a limited partnership;
Pioneer Orchards Company, a Missouri corporation; Mrs. Arthur
Sander; Harley M. Lemmon and Veda E. Lemmon, conveying to the City
of Cape Girardeau, Missouri, easements for sewers in Sewer District
No. 14-E and 12 -LL on the following described real estate located
in the City and County of Cape Girardeau, Missouri:
All of a part of a tract of land in Lot 2, Rodney 400
Arpen Tract, in U.S. Private Survey No. 2199, as said tract
is described in a deed recorded in Book 124 at page 315,
in the land records of Cape Girardeau County, Missouri,
being a strip of land 10 feet wide lying 5 feet on
either side of the following described center line:
Begin at a point on the north line of Bloomfield
Road, said point being 15 feet west of the intersection
of the east line of the above mentionedtractwith the said
north line of Bloomfield Road; thence N. 35° 08' ted.,
parallel to the east line of said tract 307.5 feet; thence
N. 62° 52' w., to a point on the west line of said tract,
said point being S. 8° 30' E., 41.5 feet from the extreme
north corner of said tract, and there terminating.
All of that part of Lot 7, Ebert's Subdivision in
U. S. Private :Survey No. 2199, ,as said tract is described
in a deed recorded in Book 219 at page 365 in the land
records of Cape Girardeau County, Missouri, being a strip
of land 10 feet wide, lying 5 feet on either side of the
following described center line.-
Begin
ine:Begin at a point on the east line of the above
mentioned tract, from which point the northeast corner of
said tract bears N. 8° 30' W., 212.1 feet; thence N. 62°
52' W., 78 feet, more or less, to a pointonthe west
line of said tract, and there terminating.
All of a part of Lots 6 & 7, Ebert's Subdivision in
U. S. Private Survey No. 2199, as said tract is described
in a deed recorded in Book 170 at page 297, and page 298,
in the land records of Cape Girardeau County, Missouri,,
being a strip of land 10 feet wide, lying 5 feet on
either side of the following described center line, as
it crosses the above described tract:
Start at the southwest corner of Lot 9, Block 1,
Edgewood Highlands Sixth Subdivision; thence S. 23°
55' E., with the extension of the west line of said Lot 9,
75.5 feet; thence S. 54 39' E., 344 feet; thence S. 62°
52' E.; to the intersection with the east line of the
above mentioned tract as described in said Book 170 at
page 29.8, and there terminating.
All of that part of a tract of land in Lot 2,: Rodney
400 Arpen Tract, in U. S. Private Survey No. 2199, as said
tract is described in a deed recorded in Book 166 at
page 81,_in the land records of Cape Girardeau County,
Missouri, being a strip of land 10 feet wide, the center
line of said strip being described as follows:
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Begin at the southwest corner of Lot :9, Block 1,
Edgewood Highlands Sixth Subdivision; thence S. 230
55' E., with the west line of said Lot 9, extended,
49.5 feet to the south line of the first above mentioned
tract, and there terminating.
All of the west 5 feet of Lot 9, Block 1,
Edgewood Highlands Sixth Subdivision.
All of the east 5 feet of Lot la, Block 1,
Edgewood Highlands Sixth Subdivision.
All of that part of a tract of land in Rodney 400
Arpen Tract in U. S. Private Survey No. 2199, as same is
described in a deed recorded in Book 140 .at page 210
in the land records of Cape Girardeau County, Missouri,,
being a strip of land 10 feet wide which lies west of
and adjoining the west right-of-way line of U. S. Route
No. 61, beginning at a point which :is on the extension of
the north line of Walnut Street .and running south to the
south line of the above mentioned tract, and there terminating.
All of that part of a tract of land in Rodney 400
Arpen Tract in U. S. Private Survey No. 2199, as same is
described in a deed recorded in Book 178 at page 47,
in the .land records of Cape Girardeau County, Missouri(
being a strip of land 10 feet wide adjoining the Kett
right-of-way line of M.S. _Route No. 61 along the 'east
side of said tract.
All of that part of a tract of land in Rodney 400.
Arpen Tract in U. S. Private Survey No- 2199, as same is
described in a deed recorded in Book 172 at page 347
in the land records of Cape Girardeau County, Missouri,
being a strip of land 10 feet wide adjoining the west
right -of. -way line of U. S. Route No. 61, along the east
side of said tract.
All of that part of a tract of land in Outlot No. 86,
in U. S. Private. Survey No. 2199, known as the Ebert tract,,
being a strip of land 10 feet in width,. the center line of
said strip being described as follows;
Start :at the intersection of the south line of
Outlot No. 86 and the west right-of"way line of U.. S.
Route No. 61; thence N. 82° 30VW.,-,along the south line of
Outlot No. 86, 219.12 feet to the southeast corner of the
Ebert tract; thence N."8° E., along the east line of said
tract -341.:4'feet for a point of beginning; thence N. 481
49'' W., 43.4 feet, more or less, totienorth line of said
Ebert tract, and there terminating, also, a strip of land
10 feet wide the center line of said strip being described
as follows; Start at the point of beginning above described;
thence N. 48° 491 W., 332 feet for a point of beginning
for the land hereafter described; thence S. 65° 08` W.,
90G feet, pore or less, to the south line of the Ebert tract,
and there terminating.
All of that :part of Outlot No. 86, in U. S. Private
Survey No. 2199, being a strip of land 10 1cat wide,. the
center line of said strip being described as follows:.
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Start at the southeast corner of a tract of land
as 'same is described in a deed recorded in Book 266 at page
563 in the 'land records of Cape Girardeau County, Missouri;
thence N. 480 49' W., 28.7 feet;. thence N. R91 07° W.,
765 feet; thence N. 14° 08' W., to the south line of
Bloomfield Road, and there terminating.
Part of a tract of land in U. S. Private Survey
No. 174 as same is described in a deed recorded in Book 77,
at page 616, in the land: records of Cape Girardeau County,
Missouri, being a strip of land 10 feet wide, the center
line of said strip being described as follows:
Start at the northeast corner of U. S. Private Survey
No. 174; thence N. 840 W., along the north line of said
Survey: 308.8 feet for a point of beginning; thence S.
79°`45° W., 585 feet; thence N. 87 07.- W.,'262 .feet to
a point on the west line -o£--said tract; from which point
the north line of said U. S. Private 'Survey bears N. 70 E.,
203..9 feet, and there terminating.
Part of a tract of land in U. S. Private Survey. No.
174, as same is described in a deed recorded in Book 73
at page 300 in the land records of Cape Girardeau County,
Missouri, being a strip of land 10 feet wide the center
line of said strip being described as follows -
Begin at a point on the east line of said tract from
which point the southeast corner of said tract bears
S. 7° ?N., 119.5 -feet; thence N. 87° 07' W., 424.1 feet;
thence N. 89° 181 W., 5 feet to the west line of said
tract,: from which point the south line of said tract bears
S. 5° W., 132 feet, and there terminating.
All of a part of Lot 6, Eb'ert`s Subdivision in U. S.
Private Survey No. 2199, as said tract :is described in a
deed recorded in. Book 762 .at Page 117, in the 'land records
of Cape Girardeau County, Missouri, being a strip of land
ten(10)feet wide, lying five (5) feet on either side
of the following described center line, as :it crosses the
above described tract:
Start at the Southwest corner of Lot 9, Block 1,.
Edgewood-Highlands Sixth: Subdivision; thence South 23°
55' East, with the extension of. the incest line of said
Lot 9, 75.5 feet; thence South 54° 39`'East ,: to the
intersection with the East line of the above mentioned
tract, and there terminating.
and it is ordered that said easements be recorded in the Office of
the Recorder of Deeds of Cape Girardeau County, Missouri.
SECTION
SECTION 2. The easements hereby conveyed as described in
Section 1 hereof are for the purpose of enabling the City, its
agents, servants and assigns,: to install, lay, erect,' construct,
maintain., operate and repair a certain sewer pipe or sewer main
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which is to be placed in, on, upon, or across said described property,
together with all the useful, necessary and proper adjuncts,
appurtenances, manholes and appliances in connection therewith.
SECTION 3. This ordinance'shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS ' DAY OF APRIL, 1971.
ATTEST:
d
CITY TTERK
MAYOR