HomeMy WebLinkAboutOrd.1501.03-21-1994 BILL NO. 94-46 ORDINANCE NO. - -
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT FROM
LEON F. BRINKOPF, ATTORNEY IN FACT; AND
ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS
FROM LOTTIE FOX, WILLZAM WAYNE FOX AND RUTH
FOX, AND BOBBY JOE FOX AND DONNA FOX; DOROTHY
C. HARDY; AND KENNETH 0. WINDISCH, TRUSTEE,
AND JANE E. WINDISCH, TRUSTEE, FOR THE BRINK
STREET SEWER REPLACEMENT 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 Leon F. Brinkopf, Attorney
in Fact for Leon C. Brinkopf, 1/3 interest; Juliene Brinkopf Beard,
a single person, 1/3 interest; Carl M. Gross and Christine D.
Gross, his wife, 1/9 interest; Carlyn Cox and Donald E. Cox, Jr. ,
her husband, 1/9 interest; and David L. Gross and Robin Gross, his
wife, 1/9 interest; conveying to the City of Cape Girardeau,
Missouri, a Permanent Easement for the Brink Street Sewer
Replacement Project, more particularly described as follows, to-
wit:
Part of Outlot 55 in U.S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, more particularly described
as follows:
Commencing at an iron pin on the line between Outlots 54
and 55, North 83° 16' 57" West, 16.29 feet from the
Southeast corner of Outlot 55; thence North 83° 16' S7"
West, along the South line of Outlot 55, 337 . 61 feet to
the point of beginning, said point of beginning having
M. S.P.C. of N: 532, 853 .439, E: 1, 098, 350.971 (feet) ;
thence continuing North 83° 16' 57" West, along the South
line of Outlot 55, 27 .81 feet to a point; thence North
10° 44' 35" East, 195. 01 feet to a point; thence North
13° 56' 39" East, 1.91 feet to the South line of State
Route 74 ; thence North 75° 46' S0" East, along the South
line of said Route 74, 17 . 01 feet to a point; thence
South 13° 56' 39" West, 9 . 53 feet to a point; thence
South 10° 44 ' 35" West, 183 . 52 feet to a point; thence
South 83° 12 ' 46" East, 12 . 03 feet to a point; thence
South 06° 29' S5" West, along the West line of an
existing 10-foot-wide sewer easement, 10. 00 feet to the
point of beginning, and containing 3 , 124 square feet,
more or less.
AZSO�
Part of Outlot 55 in U.S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows:
Commencing at an iron pin on the line between Outlots 54
and 55, North 83° 16' S7" West, 16. 29 feet from the
Southeast corner of Outlot 55; thence North 23° 12' 21"
West, 616. 19 feet to the point of beginning, said point
of beginning being in the North line of State Route 74
having M.S.P.C. of N: 533, 380. 282, E: 1, 098, 443 .466
(feet) ; thence North 22° 55' 04" East, 76.87 feet, to a
point in the South line of an unnamed City Street; thence
South 62° 03 ' 03" East, along said South line of City
Street, 15. 06 feet to a point; thence South 22° 55' 04"
West, 59 . 58 feet to a point in the North line of State
Route 74; thence South 66° 07' 22" West, along said North
line of State Route 74, 21. 91 feet to the point of
beginning, and containing 1, 023 square feet, more or
less.
Also,
Part of Outlot 55 in U.S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows:
Beginning at the Northwest corner of Lot 3 in Block 1 of
Brink's Second Subdivision as recorded in Plat Book 6 on
Page 41 in the Cape Girardeau County Office of the
Recorder in Jackson, Missouri; thence South 83° 22' 07"
East, along the South right-of-way for Brink Avenue,
13 . 69 feet to a point; thence leaving said South right-
of-way, South 22° 55' 04" West, 47.43 feet to the East
right-of-way of an unnamed City Street; thence continuing
along the unnamed City Street right-of-way North 06° 08'
52" East, 45. 53 feet to the point of beginning, and
containing 278 square feet, more or less.
ARTICLE 2 . The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Leon F.
Brinkopf, Attorney in Fact for Leon C. Brinkopf, 1/3 interest;
Juliene Brinkopf Beard, a single person, 1/3 interest; Carl M.
Gross and Christine D. Gross, his wife, 1/9 interest; Carlyn Cox
and Donald E. Cox, Jr. , her husband, 1/9 interest; and David L.
Gross and Robin Gross, his wife, 1/9 interest; conveying to the
City of Cape Girardeau, Missouri, a Temporary Construction Easement
for the Brink Street Sewer Replacement Project, more particularly
described as follows, to-wit:
-2-
Part of Outlot 55 in U. S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows:
Commencing at an iron pin on the line between Outlots 54
and 55, North 83° 16' S7" West, 16. 29 feet from the
Southeast corner of Outlot 55; thence North 83° 16' S7"
West, along the south line of Outlot 55, 337 . 61 feet to
a point; thence North 09° 22' 52" East, 9. 98 feet to the
point of beginning; thence South 83° 31' 40" East, 12 . 53
feet; thence North 10° 44' 35" East, 192 .86 feet to a
point; thence North 75° 46' S0" East, 13 .79 feet to a
point; thence South 10° 44' 35" West, 197. 74 feet to the
point of beginning, and containing 2 ,441 square feet,
more or less.
Also,
Part of Outlot 55 in U.S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows:
Commencing at an iron pin on the line between outlots 54
and 55, North 83° 16� 57" West, 16. 29 feet from the
Southeast corner of Outlot 55; thence North 83° 16' 57"
West, along the South line of Outlot 55, 377 . 95 feet to
the point of beginning; thence North 10° 44 ' 35" East,
191. 93 feet to a point; thence North 75° 46' 50" East,
13 .79 feet to a point; thence South 10° 44' 35" West,
196. 87 to a point; thence North 83° 16' 51" West, 12 .53
feet to the point of beginning, and containing 2 , 430
square feet, more or less.
Also,
Part of Outlot 55 in U.S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows:
Commencing at the Southwest corner of Lot 3 in Block 1 of
Brink's Second Subdivision as recorded in Plat Book 6 on
Page 41 in the Cape Girardeau County Recorder's Office;
thence North 06° 08' 52" East, 9. 35 feet to the point of
beginning; thence, continue North 06° 08' 52" East, 43 . 32
feet to a point; thence North 22° 55' 04" East, 47 .43
feet to a point on the South line of Brink Avenue; thence
South 83° 22 ' 07" East, 13 . 02 feet to a point; thence
South 22° 55' 04" West, 92 . 56 feet to the point of
beginning, and containing 875 square feet, more or less.
-3-
AZSO�
Part of Outlot 55 in U.S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian, in the
City and County of Cape Girardeau, Missouri, more
particularly described as follows:
Commencing at the Southwest corner of Lot 3 in Block 1 of
Brink's Second Subdivision as recorded in Plat Book 6 on
Page 41 in the Cape Girardeau County Recorder's Office;
thence North 62° 03 ' 03" West, 2 .71 feet to the point of
beginning; thence South 22° 55' 04" West, 45. 17 feet to
a point; thence South 66° 07' 22" West, 18. 26 feet to a
point; thence North 22° 55' 04" East, 59. 58 feet to a
point; thence South 62° 03' 03" East, 12 .55 feet to the
point of beginning, and containing 655 square feet, more
or less.
Also,
Part of Outlot 55 in U. S. Survey 2199, Township 30 North,
Range 14 East of the Fifth Principal Meridian in the City
and County of Cape Girardeau, Missouri, more particularly
described as follows:
Commencing at the Southwest corner of Lot 3 in Block 1 of
Brink's Second Subdivision as recorded in Plat Book 6 on
Page 41 in the Cape Girardeau County Recorder's Office;
thence North 62° 03 ' 03" West, 30. 32 feet to the point of
beginning; thence South 22° 55' 04" West, 76. 87 feet to
a point; thence South 66° 07' 22" West, 18. 26 feet to a
point; thence North 22° 55' 04" East, 91.28 feet to a
point; thence South 62° 03 ' 03" East, 12 . 55 feet to the
point of beginning, and containing 1, 051 square feet,
more or less.
ARTICLE 3 . The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Lottie Fox,
widow of Ernest Fox, deceased January 30, 1992 , William Wayne Fox
and Ruth Fox, husband and wife, and Bobby Joe Fox and Donna Fox,
husband and wife, conveying to the City of Cape Girardeau,
Missouri, a Temporary Construction Easement for the Brink Street
Sewer Replacement Project, more particularly described as follows,
to-wit:
Part of Lot 1 in Block 8 in Brink's Second Subdivision in
the City and County of Cape Girardeau, Missouri as
recorded in Plat Book 6 on Page 41, more particularly
described as follows:
Commencing at an iron pin at the Southwest corner of said
Lot 1; thence North 06° 37' 53" East, along the West line
-4-
of said Lot 1, 0.78 feet to the point of beginning;
thence continuing North 06° 37' S3" East, along said West
line of Lot 1, 87 . 56 feet to the East line of an existing
10-foot-wide permanent sewer easement as recorded in Book
130 on Page 362 in the Cape Girardeau County Recorder's
Office; thence North 16° 29' S5" East, along said East
line of existing permanent sewer easement, 32 . 15 feet to
a point in the North line of said Lot 1; thence South 83°
22 ' 07" East, along the North line of Lot l, 15. 23 feet
to a point; thence South 16° 29' S5" West, 121. 02 feet to
the point of beginning and containing 1, 149 square feet,
more or less.
ARTICLE 4 . The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Dorothy C.
Hardy, a single person, conveying to the City of Cape Girardeau,
Missouri, a Temporary Construction Easement for the Brink Street
Sewer Replacement Project, more particularly described as follows,
to-wit:
Part of Lot 4, in Block 5 of Brink's Subdivision in the
City and County of Cape Girardeau, Missouri, as recorded
in Plat Book 5 on Page 7, more particularly described as
follows:
A strip of land 15 feet wide lying on the East side of,
parallel and adjacent to an existing 10-foot-wide
permanent sewer easement as recorded in Book 130 on Page
362 in the Cape Girardeau County Recorder's Office, and
containing 1, 903 square feet, more or less.
ARTICLE 5. The City of Cape Girardeau, Missouri, hereby
accepts a Temporary Construction Easement executed by Kenneth O.
Windisch and Jane E. Windisch, Trustees of the Kenneth O. Windisch
and Jane E. Windisch Trust, conveying to the City of Cape
Girardeau, Missouri, a Temporary Construction Easement for the
Brink Street Sewer Replacement Project, more particularly described
as follows, to-wit:
Part of Lot 3 in Block 5 of Brink's Subdivision in the
City and County of Cape Girardeau, Missouri as recorded
in Plat Book 5 on Page 7, more particularly described as
follows:
A strip of land 15 feet wide lying on the West side of,
parallel and adjacent to an existing 10-foot-wide
permanent easement as recorded in Book 130 on page 362 in
the Cape Girardeau County Recorder's Office, and
containing 1,493 square feet, more or less.
Except for the area that is occupied by the residence and
a 2-foot-wide area from the foundation of the home.
-5-
►
a
ARTICLE 6. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS `�; �`,_;�; DAY OF ��Q r %%f� , 19�
� � �
Francis E. Rhodes, Mayor
ATTEST:
� ( ,�� �
Gayle ;. . Conrad
Deputy City Clerk
-6-