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HomeMy WebLinkAboutOrd.1071.08-19-1991 BILL N0. 91-166 ORDINANCE N0. ! � 7 / AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED CONVEYING A LOT AT THE NORTHWEST CORNER OF WASHINGTON STREET AND FOUNTAIN STREET TO MICHAEL L . HAAS AND PAULA K . HAAS ARTICLE 1 . The t�ayor , for and on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to execute a Quit Claim Deed, conveying to Michael L . Haas and Paula K . Haas, husband and wife, a Quit Claim Deed for a lot located at the Northwest corner of Washington Street and Fountain Street, more particularly described as follows, to-wit : . A tract of land being part of Lot 31 in Popp and Springers Subdivision in the City of Cape Girardeau, Missouri , also being the East 50 feet of a lot acquired by J . 0. Seabaugh . by Administrator ' s Deed, dated July 20, 1922 , and recorded in Book 78 at Pages 11 , 12 and 13 in the Recorders office at Jackson, Missouri , more particularly described as follows : Commencing at an iron pin on the Southwest corner of Fountain and Mill Streets; thence South 0° 03 ' 51" East, along the West right-of-way to Fountain Street, 265 . 18 feet , to a point; thence North 89° 57 ' S3" West , along the South line of a tract of land recorded in Book 403 , Page 902 of the Cape Girardeau county recorders office, 1 . 66 feet to the point of beginning; thence South 8° 26 ' 11" West, along the West right-of-way of Fountain Street , 84 . 34 feet to a curve to the right ; thence along said curve to the right having a radius of 19 . 40 feet and a length of 27 . 63 feet, to a point; thence North 89 ° 57 ' S3" West, along the North right-of-way line of Washington Street , 15 . 48 feet; thence leaving said right-of-way line North 0° 03 ' S1" West, 100 . 00 feet to the South line of a tract of land recorded in Book 403 , Page 902 of the Cape Girardeau county recorders office; thence South 89° 57 ' 53 " East , along said South line, 47 . 16 feet to the place of beginning . Containing 3 , 912 square feet more or less The parties to this Deed agree and recognize that a twenty-five ( 25 ) foot building set back shall be maintained from Washington Street and from Fountain Street in addition to the other side yard and rear yard set back requirements. The property described above will revert back to the City if the grantee constructs a building within the twenty-five ( 25 ) foot set back from the two streets without obtaining a variance from the Cape , Girardeau City Council . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . ' PASSED AND APPROVED THIS I��"G�� DAY OF r 19�• F ancis E . Rhodes, Mayor ATTEST: l�'� Julie -�Dale � Deputy ity Clerk I�.l W c..�i1.1�.��1� 0-��.�.7�n�•- � "-' •- -- - � .� -� - � , fl �. , � �� /� f'1 . . . E.•`' �tY ' � QUIT CLAIM DEED = ` '� ��v � `'-= ��� THIS INDENTURE , Made on the 3Q � day of �L,� (,G5 � , A . D . One Thousand Nine Hundred Ninety-One, by and etw en t e CITY OF CAPE GIRARDEAU , MISSOURI , a Municipal Corporation, 401 Independence, Cape Girardeau, MO 63701 , of the County of Cape Girardeau and State of I�7issouri , party of the First Part, and MICHAEL L . HAAS and PAULA K . HAAS , husband and wife, of the County of Cape Girardeau, in the State of Missouri ; parties of the Second Part . 4dITNESSETH , That the said party of the First Part in consideration of the sum of Ten Dollars ($10 .00 ) and otner good and valuable consideration, to it paid by the said parties of the Second Part , the receipt of which is hereby acknowledged , does by these presents, Remise, Release and forever Quit Claim, unto said parties of the Second Part , the following described Lots , Tracts or Parcels of land , lying , being and situate in the County of Cape Girardeau and State of I�iissouri , to-wit : A tract of land being part of Lot 31 in Popp and Springers Subdivision in the City of Cape Girardeau, i�lissouri , also being the East 50 feet or a lot acquired by ,.7 . 0. Seabaugh by Administrator ' s Deed , dated July 20 , 1922 , and recorded in Book 78 at Pages 11 , 12 ar.d 13 in the Recorders office at Jackson, I�iissouri , more particularly described as follows : Commencing at an iron pin on the Southwest corner of Fountain and I�Iill Streets; thence South 0° 03 ' 51" East , along the j�dest right-of-way t-o% rountain Street, 266 . 18 feet , to a point; thence TJorth 89 ° 57 ' S3" ��7est , along the South line of a tract of land recorded in Book 403 , Page 902 of the Cape Girardeau county recorders office , 1 . 66 feet �o the point of beginning; thence South 8° 26 ' 11" 4dest , along the T•�est right-of-way of r^ountain Street , 84 . 34 feet to a curve to the right ; thence along said curve to tn? right having a radius of 19 . 40 feet and a length of 27 . 63 feet , to a point ; thence North 89 ° 57 ' 53 " jti'est , along the Norch right-of-way line of Washington Street , 15 . 48 feet ; thence leaving said right-of-��ay line North 0° 03 ' S1" ;ti�est , 100 . 00 feet to the South line of a tract of land recorded in Book 403 , Page 902 of the Cape Girardeau county recorders office ; thence South 89° 57 ' 53 " East , alona said South line , 47 . 16 feet to the place of beginning . Containing 3 , 912 square feet more or less The parties to this Deed agree and recognize that a twenty-five ( 25 ) foot building set back shall be maintained from Washington Street and from Fountain Street in additior. to the other side yard ai�d rear yard set bacK requirements . The property described above will revert back to the City if the grantee constructs a building within the twenty-five ( 25 ) foot set back from the two streets without obtaining a variance from the Cape Girardeau City Council . ���� � � ��'� , ��.� TO HAVE AND TO HOLD THE SAME , with all the rights, immunities, privileges and appurtenances thereto belonging , unto the said parties of the Second Part , and their successors and assigns, FOREVER , so that neither the said party of the First Part , nor its successors or assigns, or any other person or persons for it or in its name or behalf , shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but they and every one of them shall, by these presents, be excluded and forever barred . IN 4�7ITNESS t•1HEREOF , the said party of the First Part has hereunto set its hand the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI - , , Francis E . Rhodes, I�ayor A.'��'ES�i. _ . _ . . _ " 1. � +' r 1 _ �.t,��' C�,�/ ,�t��, , '�a1e-,. Dep'uty City C er +,� l�`. . STATE OF I�ZISSOURI ) ) ss . COUNTY OF CAPE GIRARDEAU ) On this 3p � day of ��C�u.s � , 19 �� , before me appeared Francis E . Rhodes , to me personally known, w!�o, being by me duly sworn, did say that he is the I�layor of the City of Cape Girardeau, I�Iissouri , a Municipal Corporation of tne State of Missouri , and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument �,=as signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deec of said City . IN TESTIMONY WHEREOF , I have hereunto set my hand and a�fixed my official seal , at my office in Cape Girardeau , i,issouri , the day and year first above written. ... . • ������ ;,`"., -";, Delores G . Needham, t�Totary Public =riy� Comm"is�sion��Expires : Occob�:�-, Ey 1�92� ,,,,�. � . �:,'�,�_ �