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:
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Julie -�Dale �
Deputy ity Clerk
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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 .
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, ��.�
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
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,�t��, , '�a1e-,. Dep'uty City C er
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STATE OF I�ZISSOURI )
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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 :
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