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HomeMy WebLinkAboutCityMgrForm.1326.04-18-1978 r ., � , ' � CITY MANAGER .FORM ORDINANCE NO. f J�o� � AN ORDINANCE DECLP,RING IT A NECESSITY FOR THE CITY OF CAPE GIR,ARDEAU, MISSOURI, TO ACQUIRE EITHER BY PURCHASE, GI�'T OR .CONDEMNATSON, CONSTRU.CTION EASEMENTS ALONG BOTH STDES OF AND ADJACENT TO THE CLARK STREET RIGHT OF WAY FROM LOMBARDO TO BROADWAY, AUTHORIZING AND DIRE.CTING THE ACQUISITION OF SAID EASEMENTS BY EITHER .PURCHASE, GIFT OR CONDEMNATION; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM[�TATION PROCEEDINGS; AUTAORIZING THE MAYOR TO EXECUTE ALL INSTRUMENTS AND DOCUMENTS NECESSARY OR REQUIRED FOR THE ACQUISITION OF SAID EASEMENTS, CONTAINING AN EMERGENCY CLP,USE NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : SECTION l. The City Council of the City of Cape Girardeau, Missouri, does hereby declare and find that a public necess:ity exists for the acquisition by the City of Cape Girardeau, Missouri, of construction easements along both sides of and adjacent to the C1ark Street right-of-way from Lombardo to Broadway, 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 Clark Street right- of-way from Lombardo to Broadway, for street improvements , said easemerits to be acquired being more particularly described as follows : The West 5 feet of Lot l, Block 2, Krueger's Subdivision, Cape Girardeau, Missouri. The West 10 feet of Lot l, Block 3, Krueger's Subdivision, Cape Girardeau, Missouri. Part of Outlot No. 75, U.S.P. Survey No. 2199 , Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 193 at Page 477, a strip of land 10 feet wide and adjoining the West line of Clark Avenue. Part of Outlot No. 75. U.S .P. Survey No. 2199, Cape Girardeau, Missouri, being all that part of a parcel o� land as same is described in a deed recorded in Book 155 at Page 506 , a strip of land 5 feet wide and adjoining the West line o�' Clark Avenue. Part of 0utlot No. 75, U.S.P . Survey No. 21.99 , Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 193 at Page 477, a strip of land 15 feet wide and adjoining the East line of Clark Avenue. . Part of Outlot No. 75, U.S.P. Survey No. 2199, Cape Girardeau, Missouri, being all that part of a parcel of land as same is desaribed in a deed recorded in Book 135 at Page 33, a strip of land 10 feet wide and adjoining the East line of C1ark Avenue. Part of Outlot No. 75, U.S .P. Survey No. 2I99, Cape Girardeau, Missouri, being all that part of a parcel of land as same is desaribed in a deed recorded in Book 225 at Page 567, a strip of land 5 feet wide and adjoining the West line of Clark Averiue. Part of Outlot No. 75, U.S.P. Survey No. 21:99 , Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 258 at Page 233, a strip of land 5 feet wide and adjoining the West line of Clark Avenue. Part of Outlot No. 75, U.S .P. Survey No. 2199, Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 20l at Page 2fi5, a strip of land 5 feet wide and adjoining the West line of Clark Avenue. Part of Outlot No. 75, U.S.P. Survey No. 2199, Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 214 at Page 149, a strip of land 5 feet wide and adjoining the West line of Clark Avenue. Fart of Outlot No. 75, U.S.P. Survey No. 2I99, Cape Girardeau, Missouri, being all that part of a parcel o� land as same is described in a deed recorded in Book 166 at �age 234, a strip of land 10 feet wide and adjoining the East line of Clark Avenue. Part of 0utlot No. 75, U.S.P. Survey No. 2199 , Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 157 at Page 24 and Book 168 at Page 477, a strip of land l0 feet wide and adjoining the East line of Clark Avenue. Part of Outlot No. 75, U.S.P. Survey No. 2199 , Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 226 at Page 563, a strip of land 10 feet wide and adjoining the East line of Clark Avenue. Part of Outlot No. 75, U.S.P. Survey No. 2199, Cape Girardeau, Missouri, being all that part of a parcel of land as same is described in a deed recorded in Book 262 at Page 220, a strip of land 10 feet wide and adjoining the East line of Clark Avenue, beginning at the South line of said parcel and running North, parallel to said East line, 100 feet and there terminating. Part of Outlot No. 75, U.S.P. Survey No. 2199, Cape Girardeau, Missouri, described as follows : Begin at the intersection of the: North line of New Madrid Street with the East line of Clark Averiue; thence North along the East line of Clark Averiue 146.8 feet; thence East normal to the East line of Clark Avenue l5 feet; thence South parallel to the East line of Clark Avenue, 61.8 feet; thence West on a line normal to the East line of Clark Avenue l3 feet; thence South parallel to and 2 feet East of the East line of Clark Avenue, 50 feet; thence East normal to the East line of Clark Averiue, 18 feet; therice Sauth parallel to the 2 . . . � East line of Clark Avenue 35 �'eet to the North line of New Madrid Street, thence West along the North line o� New Madrid Street, 20 feet to the point of beginning. Fart of Lot 16 of Walker's Subdivision o� Outlot No. 60, U.S .P. Survey No. 2199, Cape Girardeau, Missouri; Beginning at the intersection of the Narth line of said Lot 16 and the East line of Clark Avenue; thence Easterly with the No.rth line of said Lot 16, 20 feet; thence Southerly, parallel to and 20 feet from the East line of Clark Avenue, 300 feet; thence Westerly parallel: to the said North line 5 feet; thence Southerly parallel to and 15 feet from the East line of Clark Avenue, 395 feet, more or less, to the South line of said Lot 16; thence Westerly along the South line of said Lot 16 , 15 feet to the said East line of Clark Averiue; thence Northerly along the said East line of Clark Avenue, 695 feet, more or less, to the point of beginning. Part of Lot 3 of Walker's Subdivision of Outlot No. 60 , U.S .P. Survey No. 2199 , City of Cape Girardeau, Missouri, being a part of a parcel of land as described in Book 290 at Page 909 of the land records of Cape Girardeau County, Missouri, described as follows : Begin at the intersection of the North line of said Lot 3 and the West line of Clark Avenue; thence Westerly along said North line, 5 feet; thence Southerly, parallel to and 5 feet West of the West line of Clark Avenue, 413 feet; then:ce Westerly paralleT to said North line l0 feet; thence Southerly parallel: to and 15 feet West of the West line of C1ark Avenue, 25 feet; thence Easterly parallel to said North line l0 feet; thence Southerly parallel to and 5 feet West of said West line, 81 feet, thence Wes:terly parallel to said Narth line, 5 feet; thence Sautherly parallel to and l0 feet West of said West line, 20 feet; thence Easterly, , parallel to said North line, 5 feet; thence Southerly, parallel to and 5 feet West of said West line, 222 feet, more or less, to the South line of said Lot 3, thence Easterly along said South line, 5 feet; thence NQrtherly along said West line of CTark Avenue, 761 feet, more or less, ,to the point of beginning. Part of Lot 2 of Walker's Subdivision of Outlot No. 60, U.S .P. Survey No. 2199 , City of Cape Girardeau, Missouri, being a part of a parcel of land as described in Book 290 at Page 909 of the land records of Cape Girardeau County, Missouri, described as follows : Beginning at the intersection of the North line of said Lot 2 and the West line of Clark Avenue; therice Westerly along said North line, 5 feet; thence Southerly parallel to and 5 feet West of said West line, 112 feet; thence Westerly parallel to said North 1ine, 10 feet; therice Southerly parallel to and 15 feet West o� said West line, 20 feet; therice Easterly parallel to said Narth line, l0 feet; thence Southerly parallel to and 5 feet West of said West line, 588 feet, more or less , to the South line of said Lot 2; thence Easterly along said South 1ine, 5 feet; thence Northerly along the West line of Clark Avenue, 720 feet, more 'or less, to the point of beginning. The East 5 feet of Lot 8, Block 4, of Wulfer's Subdivision, as recorded in Plat Book l at Page 14 of the land records of Cape Girardeau County, Missouri. The East 5 feet of Lot 7, Block 4 of Wulfer's Subdivision as recorded in Plat Book 1 at Page 14 of the land records of Cape Girardeau County, Missouri. The East 5 feet of Lot ll, Block 3, of Wulfer's Subdivision as recorded in Plat Book l at Page 14 of the land reaords of Cape Girardeau County, Missouri. 3 . � �� The East 5 feet of Lot 10 , Block 3, of Wulfer's Subdivision as recorded in Plat Book l at Page l4 of the land xecords of Cape Girardeau County, Missouri. The East S feet of Lot 9 , Block 3, of Wulfer's Subdivison as recorded in Plat Book 1 at Page l4 of the land re�ords of Cape Girardeau County, Missouri. The East 5 feet of Lot 8, Block 3, of Wulfer's Subdivision as recorded in Plat Book l at Page l4 of the land rscords of Cape Girardeau County, Missouri. The East 5 feet of Lot 7, Block 3, of Wulfer's Subdivision as recorded in Plat Book 1 at Page l4 of the land records of Cape Girardeau County, Missouri. The East 5 feet of a tract of land as described in Book 345 at Page 848 of the land records of Cape Girardeau County, Missouri. Part of Lot 1 of Walker's 8ubdivision of Outlot No. 60 , U.S .P. Survey No. 2199 , City of Cape Girardeau, Missouri, described as follows: Start at the Southeast corner of Lot l, of Margaret Walker's Subdivision of Outlot No. 60 in U.S.P. Survey No. 2I9'9; thence North along the East line of said Lot 1, 13Z feet; thence West parallel to the South line of Woodlawn Avenue, 9 .64 feet, which point bears South and along the West line of Clark Avenue, 172 .5 feet from the Southwest corner of Woodlawn and Clark Avenue, for a point of beginning; thence Northerly along the West line of Clark Avenue, 80 .8 feet; thence Westerly 5 feet; thence Southerly parallel to said West line, 80.8 feet, thence Easterly, 5 feet to the point of beginning. Part of Lot 1 of Walker's Subdivision of Outlot 60, U.S .P. Survey No. 2199 , City of Cape Girardeau, Missouri, described as :follows : Start at the Southeast corner of Lot 1 of Walker's Subdivision of Outlot 60 , in U.S .P. Survey No. 2�99; thence North along the East line of said Lot 1, , 132.0 feet; thence West parallel to the South line of Woodlawn Avenue, 9.64 feet, which point bears Southerly along the West line of Clark Avenue, 172.5 feet from the Southwest corner of Woodlawn Avenue and Clark Avenue; thence Northerly along the West line of Clark Avenue, 80. 8 feet for a point of beginning; thence cantinue Northerly along said West line, 91.7 feet, to the Sauth line of Woodlawn Avenue; thence Westerly along said South line, 5 feet; thence Southerly parallel to said West line, 91.7 feet; thence Easterly, 5 feet to the point of beginning. SECTION 3. It is hereby ordered that the easements desaribed in Section 2 hereof shall be acquired by the Gity of Cape Girardeau, Missouri, either by purchase, gift or, if in any event said City is unable :to agree with t�e owners of said real estate as to the reasonable compensation therefor, then it is ordered that the City Attorney is authorized and dirscted to institute condemnation proceedings in the name of the City of Cape Girardeau, Missouri, in the proper court 4 . ( � in order to acquire said easements by the exercise of the right of eminent domain, in the manner as provided for in t,he 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 acquisition of said easements. SECTION 5. This ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare, and shall go into effect immediately upon its passage and approval. PASSED AND APPROVED THIS ��DAY OF APRII,, 1978. � �.:,� . �::� '� , ���� -��•�- �L MAYOR ATTEST: l CITY CLERK 5 .