HomeMy WebLinkAboutCityMgrForm.845.11-07-1973 �/'
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CITY MANAGER FORM ORDINANCE NO.�
AN ORDINANCE APPROVING THE FORM OF AN EASEMENT FOR PART OF OUT LOT
NO. 82, U.S.P. SURVEY NO. 2199 , GR�NTED BY THE 5TATE OF MISSOURI TO
THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR 5TRAIGHTENING INDEPENDENCE
STREET IN THE CITY OF CAPE GIRARDEAU, MI550URI, WITH AUTHORITY FOR
THE MAYOR TO EXECUTE
WHEREAS, the City of Cape Girardeau is in the process of
straightening Independence 5treet with Gordonville Road and its
intersection with East Rodney Drive in the City of Cape Girardeau,
Missouri; and,
WHEREA5, some additional right-of-way is needed to be
reacquired from the State of Missouri through the Missouri
National Guard; and,
WHEREAS, the General Assembly of Missouri has authorized the
State to grant to the City of Cape Girardeau an easement to use
certain land for street purposes (House Bill No. 871, First Regular
5ession, 77th General Assembly;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, P�IISSOURI, A5 FOLLOWS:
SECTION l. That the "Easement°' , attached hereto and made
a part hereof marked "Exhibit A" , between Charles M. Kiefner,
Adjutant General of the State of Missouri, referred to as the
"State" , and the City of Cape Girardeau, Missouri, is approved in
form.
SECTION 2. That the Mayor of the City of Cape Girardeau,
Missouri, is hereby authorized and directed to execute said Easement,
for and on behalf of the City of Cape Girardeau, Missouri.
SECTION 3. This ordinance shall be in full force and effect
from and after ten days after its passage and approval.
PAS5ED AND APPROVED THI5 '"� � DAY OF i���-{�t,/ , 1973.
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MAYOR
ATTEST:
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CITY CLERK
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EASEMENT
THIS IDENTURE made on this day of ,
1973 , by and between Charles Ni. Kiefner, Adjutant General of the
State of Missouri, herein referred to as the State; and the City of
Cape Girardeau, Missouri , herein referred to as the City; �
4dITT�'ESSETH, that the State of l�2issouri is the absolute owner
and is possessed of the followinc� described tract of land:
All that part of Out Lot No. 82 , U.S.P. Survey
2199 , described as follows :
From the Southeast corner of Lot 6 , Block. 2 ,
Rodney Vista Subdivision, go South 1 degree 51 `
West, 1720. 3 feet along the West line oi Arena
Road for a corner; therzce South 89 degrees 09 '
East 80 feet to an iron pin for a corner on the
East iine of said Arena Road and the poi.nt of
beginning; thence conti.nt:ing Soutri 88 degrees
9 ' East 512. 6 feet for a corner; thence South
7 degrees 13 ' West 339. 9 feet for a corner on the
North line of State Route "K" ; thence PJorth 82
degrees 42 ' West along ttle North line of said
state route 112 . 0 feet; thence on the arc of a
6 degree 30 ' curve to the left, 286 feet to the
point of intersection with the East right-of-
way line of Arena Road; thence on the arc of a
38 degree 03 ' curve to the right, 142 feet on the
East line of said Arena Road; thence North 1
degree 51' East 223 feet to the point of
' beginning, containing 3. 620 acres , more or less.
� WITNESSETH, that the General Tssen,bly of Mi.ssouri has authorized
the State to grant to the City an easement to use a portion of the
above described land f.cr street purposes , and for the purpose of
straightening Independence Avenue. (Fiouse Bill PJo. 871, First
Regular Session, 77th General Assembly) ;
NOW THEREFORE, tY�e State hereby grants to the City and the
City hereby accept� the right and privilege of use of the following
described portion of the above described tract for the aforesai.d
purposes:
TO HAVE P.ND Z'Q HGLD the said easement hereby granted for so
long as said property is used for such purposes.
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~ Start at the southeast coxner o� Lat 6 ,
Block 2 , Rodney Vista Subdivision; thence
South 1° 51' West, with the west line of
East Rodney Drive, 1,720 . 3 feet; thence
South 89° 09 ' East, 80. 0 feet to an iron
pin on the east line of East Rodney Drive;
thence South 1° 51 ' West, with said east
iinE, 223. 0 feet; to the point of curve of
a 51° 48 ' curve to the left; thence with
said 5I° 48 ' curve to the left, and with .
said east line, 99 . 7 feet, to the point
of beginning; thence continue with said
51° 48 ` curve to the left and said east
line, 42. 3 feet to the north line of
Independence Street and on a 6° 30 ' curve
to the right; thence in an easterly dir-
ection with said north line and on said
6° 30 ' curve to the right, 112 . 0 feet,
� thence North 82° 20 ' West`, 149, 9 feet
to the point of beginning.
IN WITNESS WF:EREOr, the parties have hereunto set their hands
and seals the day first above written.
THE STATE OF MISSOuRI
(SEAL) BY�
Adjutant General
THE CITY OF CAPE GIRARDEAU
(SEAL) BY�
Mayor
APPROVED: �.�
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�-JO' HN C. DANFORTH
Attorney General
State of Missauri.
ACKNOWLEDGI�IENTS
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ACKNOWI,EDGMENT S
COUNTY OF COZE )
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STATE OF MTSSOURI )
On this / , '` day of r ;' �t: i�.- , 1973, before me
personally appeared Charles M. Kiefner, Adjutant General of the
State of Missouri, to me known to be the person described in and
who executed the foregoing easement and affixed his seal of office
thereto, and acknowledged that he did so as his free act and deed.
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(SEAL) �� l ;- ^;-c:.� '��<� `P."-�-1
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NOTARY PUBL�C'`
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My Commission Expires h1Y �,=f::Pr,h'�ss�bn Expl;;:,, �nM. 2y, 19;�,
COUNTY OF CAPE GIRARDEAU )
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STATE OF MISSOURI )
On this day of , 1973,
before me appeared Howard C. Tooke, to me personally known, who
being by me duly sworn did say that he is the Mayor of the City of
Cape Girardeau, Missouri , a municipal corporation duly chartered
under the laws of Missouri, and that the seal affixed to the fore-
going easement is the corporate seal of said corporation, and that
said easement was signed and sealed in behalf of said corporation by
authority of a resolution of its council (dated)
and Howard C. Tooke
acknowledged this easement to be the free act and deed of such
corporation.
(SEAL)
NOTARY PUBLIC
My Commission Expires
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