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HomeMy WebLinkAboutCityMgrForm.482.05-20-1970 CITY MANAGER FORM ORDINANCE N0. ��2 AN ORDINANCE ACCEPTING QUIT CLAIM DEED FROM THE BOARD Ok' REGENTS FOR THE SOUTHEAST MISSOURI STATE COLLEGE AND GENERAL WARRANTY DEEDS FROM ROBERT J. PHALEN AND NORMA J. PHALEN, HIS WIFE; LELAND J. SHIVELBINE AND DOROTHY J. SHIVELBTNE, HYS WTFE, FOR PART OF OUTLOT N0. 72, IN U.S. PRIVATE SURVEY NO. 2199 IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MTSSOURI _ . WHEREAS, The Board of Regents for the Southeast Missouri State College has executed a Quit Claim Deed and Robert J. Phalen and Norma J. Phalen, h%s wife; and Leland J. Shivelbine and Dorothy J. Shivelbine, his wife have executed General Warranty Deeds, conveying to the City of Cape Girardeau, Missouri, .a portion of Outlot No. 72, in U. S. Private Survey No. 2199, in the City and County of Cape Girardeau, Missouri, as more fully described hereinafter in this Ordinance, and the City desires to accept such deeds and have the same recorded. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL Ok' THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FO�,LOWS: 5ECTION 1. The City of Cape Girardeau, Missouri, h�reby accept� a Quit Claim Deed executed by The Board of Regents for the Southeast Missouri State College and General Warranty Deeds executed by Robert J. Phaleri and Norma J. Phalen, his `nrife; and Leland J. Shivelbine and Doroth..y J. Shivelbine, his wife, conveying to the City of Cape Girardeau, Missouri, the following described real estate located i,n the Ci;ty and County of Cape Girardeau, Missouri: Part of Outlot No. 72, in U.S. Private Survey No. 2199 , in the City and County of Cape Girardeau, State of Missouri, described as follo�s; Begin at a point on the East line of Outlot No. 72, N. 7° 30' E. , 2016. 2 feet from the Southeast corner of Outlot No. 72; thence N. 29° W. , 50.4 feet; thence S. 7° 3Q' Ti�. , 40 . 2 feet; thence S. 81° 56 ' E. , 30.0 feet to the poi.nt of beginning. Part of Out Lot No. 72 in the U.S. Privat� 5urvey No. 2199, in the City and County of Cape Girardeau, State of Missouri, described as follo�rs: Begi.n at a,�point on the East line of Outlot No. 72, N. 7° 30 ' E. , 1439 . 0 feet from the Southeast corner of - page two - Outlot No. 72, thence N. 7° 3Q ' E. , 3�8. 4 �eet; thence N. 81° 55' �. , 6. Q f�et; thence S. 7° 3Q '- W. , 248. 4 feet; tlzence N. 81° 55' [nT. , ,24. Q feet;� thence 5. 7° 3Q' W. , 8Q.a feet; tIhence S. 81° 55 ' E. , 3�.0 fee� to the point /' of beginning. t�' Al�o a temporary and limited cons�truction easement for construction purpose� over th.e follo�nring described land, all rigFits of the City to foreder cea�e upon the completion o� the con�truction of Sprigg Street Iaetw�een Amethyst Street to Bertling Street: Being a strip of land 10 feet i.n �idth adjacent to conve�rance for right-of-way described above being more particularlX described a�: Part o� Outlot No. 72, in U.S. Private Survey No. 2199, in the City and County of Cape Girardeau, State of Missouri., described as: follo�rs; ' Start at a point on the East -1ine of Outlot No. 72, N. 7° 3Q' E. , 1519 .0 feet from the Southeast corner of Outlot No. 72; tF�.ence N. 81° 55 ' W. , 6.Q feet to the poi,nt of begi,nning; thence N. 7° 3Q ' E. , 248. 4 feet; thence N. 81° 55' GI. , 10. 0 feet; th.ence 5. 7° 3Q ' W. , 248. 4 feet; thence S. 81° 55 ' E. , 1a. 0 feet to the point of �egi:nning. Said construction eas ements sIzall be: temporary and limited to a period during �nrhich Sprigg Street is being constructed from the 5outh li.ne of Ameth�rst Street, North a distance of 3451. 5 feet to tF�..e South side of the exi.sti;ng concrete pavement on Bertli.�g Street, said construction easements sIiall furtILer 1�e limited to use by the City or its contractor for the purpo�e of protecting the rock wall preseritly located �rithin the de�cri:bed construction easement. Part of Outlot No. 72, in U.S. Pri.vate Survey No. 2199, in the Ci,ty and County of Cape Girardeau, State of Mi�souri described as follows: Begin at a point on the East line of Outlot No. 72, N. 7° 30 ' E. , 1767. 4 feet from the Southeast corner of Outlot No. 72; thence N. 7° 3Q. ' E. , 248. 8 feet; thence N. 81° 56' fe�I. , 6. 0 �eet; thence S. 7° 30 ' TnT. , , 248. 8 feet; tYLence S. 81° 55 ' E. , 6. 0 feet to the poi.nt o� beginning. ALSO: A TEMPOR,ARY CONSTRUCTION EASEMENT for cQn�tructi,on purposes over th�e �ollowi,ng descri,bed land, all ri.ght�of the City to forever cease upon th.e completion o� the con�truction of Sprigg Stree:t bet`nreen Ameth.yst Street to Bertl3ng Street: �'art of Outlot No. 72, in U. S. Private Survey No. 2199, in the City and County of Cape Gi.rardeau, State of N�is.s.ouri descrihed as folla�nzs:: Start at a point on the Ea�t line of Outlot No. 72, N. 7° 30` �. , 1767. 4 feet from the Southeast corner of Outiot No. 72; thence N. 81° 55` W. , 6. Q feet to the point of beginning; thence N. 7° 30 ' E. , 248. 8 feet; thence N. 81° 56' W. , 10.0 feet; thence S. 7° 3Q' W. , 248. 8 feet; thence S. 81° 55' E. , 10 .0 feet to the point of beginning. � • - � � ' . _ - page tYiree - SECTZON 2. The Quit Claim Deed and General [nTarranty Deeds hereby conveyed as described in Section 1 hereof are for the purpose of enabling the City, its agents, servants and assigns to improve Sprigg Stree:t in the City of Cape Girardeau, Missouri, from the South line o� Outlot 72, being the South: line of Amethyst Street, North a distance of 3451. 5 feet to the South side of the existing concrete pavement on Bertling Street, all a� sho�nzn on the plan� for - said improvemerit. SECTION 3. It i,s ordered by tIze Council of the City of Cape Girardeau that said deeds be recorded by the City Clerk in the Office of the Recorder of Deeds of Cape Girardeau County, Mi,s souri,. SECTION 4. This ordinance shall be in full force and effect ten (1Q} day�s after its pa�sage and approval. _.. PASSED .AND APPROVED THT5 �0` DAY OF � , 1970. __ MAYOR ATTEST: v� � ... . f CITX ERK � r I i i f ; � f � C f � i l � � � � � � i � f � }. � \ � ,1�. f . ' ' � . . .�� �f i ; . ,. . !. ', - „ 1 � f ; ; ; ; i i