HomeMy WebLinkAboutCityMgrForm.687.07-19-1972 . � �
CITY 1`�iP,NAGER FORM ORDINANCE NO. jj �7
AN ORDINANCE DECLARING A NECEBSITY FOR THE CITY OF CAPE GIRARDEAU,
MI550URI, TO ACQUIRE, EITHER BY PURCHASE, GIFT OR CONDEMNATION
LAND ALONG PERRYVILLE ROAD FROM CAPE ROCK DRIVE; NORTH, 5579 .4
FEET, FOR 5TREET IMPROVEMENT5: AUTHORIZING .AND DIRECTING THE
ACQUISITION OF LAND ALONG PERRYVILLE ROAD FROM CAPE ROCK DRIV�,
NORTH, 5579 . 4 FEET, FOR STREET IMPROVEMENTS, EITHER BY PURCHASE,
GIFT OR CONDEMNATION; AUTHORIZING THE MA,YOR TO EXECUTE ALL INSTRU-
MENT5 AND DOCUMENTS NECE55ARY OR REQUIRED FOR THE ACQUI5ITION OF
5AID LAND, CONTAINING AN EMERGENCY CLP;U5E
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MIS50URI, AS FOLLOWS:
5ECTION l. The City Council of the City of Cape Girardeau,
Missouri, does hereby declare and find that a public necessity
exists for the acquisition by the City of Cape Girardeau, Missouri,
of land along Perryville Road from Cape Rock Drive, North, 5579 .4
feet, for street improvements .
SECTION 2 . It is hereby ordered that the City of Cape
Girardeau, Missouri shall acquire property along Perryville Road
from Cape Rock Drive, North, 5579 . 4 fee:t, for street irnprovements,
said property and property rights to be acquired being more
particularly described as follows:
All of that part of the 5outhwest Fractional 1/4
of Fractional Section 30 , Township 31 North, Range 14
East, in the City and Coun.ty of Cape Girardeau, Missouri ,
being a point of a tract of land as same is described in
a deed recorded in Book 266 at Page 615, in the land
records of Cape Girardeau County, Missouri, which lies
East of the followi:nq described line:
A line drawn parallel to and 25 feet West of the
following described center line for Perryville Road:
Start at the intersection of the center line of
the existing concrete pavemerit on Perryville Road
and on Cape Rock Drive, from which point the center
line of Cape Rock Drive bears 5outh 75° West; thence
North 20° 44 ' West, l81 feet; therice North with a
3° 50 ' curve to the right 200 .2 feet; thence North
13° 04 ' West, 160. 1 feet; thence North with a 7° 56 '
curve to the left, 138 feet, at which point the
Southeast corner of the Hirsch Tract bears South 74°
59 ' West, 4. 2 feet, for a point of beginning; thence
continue with said 7° 56 ' curve to the left, 60 .3 feet;
thence North 28° 48 ' West, 35 feet, more or less , to
the North line of the above described tract and there
terminating, containing 0 .055 Acres, more or less .
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All of that part of Frl. 5ection 30,.
T. 31 N. , R. 14 E. , in the City and County of
Cape Girardeau, 5tate of Missouri, being that
part of a parcel of land as same is described in
a deed recorded in Book 200 at Page 496, in the
land records of Cape Girardeau County, Miss�uri ,
which lies East of the following described line:
A line drawn parallel to and 25 feet West
of the following described center line for
Perryville Road, measured normal thereto:
5tart at the intersection of the center
line of the existing concrete pavement on
Perryville Road and on Cape Ro�k Drive, from
which point the center line of Cape Rock Drive
bears 5outh 75° West; thence North 20° 44 ' West,
1$1 feet; thence North with a 3° 50 ' Curve to the.
right 200. 2 feet; thence North 13° 04 ' West 160 .1
feet; therice North with a 7° 56 ' curve to the 1eft,
198. 3 feet; thence North 28° 48 ' West, 25 feet,
more or less, to the intersection with the 5outh
line of the Hirsch parcel of land above referred to, for
a point of beginning; thence continue North 28° 48 '
West, 498. 8 feet, more or less, to the North line
of the said Hirsch parcel of land, and there terminating,
containing 0 . 286 Acres .
ALSO, A TEMPORARY CONSTRUCTION EASEMENT TO SLOPE BANKS
OVER:
Part of the Southwest Fractional 1/4 of Fractional
Section 30, Township 31 North, Range 14 East, in the
City and County of Cape Girardeau, Missouri, being
a part of tracts of land as same are described in
Book 200 at Page 496, and in Book 266 at P age 615,
in the land records of Cape Girardeau County, Missouri,
being all that part of said tracts of land lying East
of the following described line.
5tart at the intersection of the center line of
the existing concrete pavement on Perryville Road
and on Cape Rock Drive, from which point the center
line of Cape Rock Drive bears South 75° West; thence
North 20° 44 ' West, 181 feet; therice North with a
�-- 3° 5Q' curve to the right 200. 2 feet; thence North
13° 04 ' West, 160 . 1 feet; thence with a 7° 56 ' curve
to the left, 198. 3 feet; therice Nort� 28° 48' West,
20 . 4 feet; thsnce South 61° 12 ' West, 25 feet for a
point of beginning; thenCe North 60° 48' West, 47.1
feet, to a point 50 feet West of the center line of
Perryville Road; thence North 28° 48 ' West, 450 feet;
thence in a Northeast direction to the intexsection
of the Noxth line of the Hirsch firact and the West
line of Perryville Road.
ALL RIGHT5 of the City in the temporary construction
easement to forever cease "upon completion of the
improvement of Perryville Road from Cape Rock Drive,
North, 5579 . 4 feet..
SECTION 3 . It is hereby ordered that the land described
in Section 2 hereof shall be acquired by the City of Cape Girardeau,
Missouri, either by purchase, gift or, if in any event said City is
unable to agree with the owners of said real estate as to the value
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thereof, the:n it is ordered that condemnation proceedings be
insti.tuted in the name of the City of Cape Girardeau, Missouri, in
the proper court in oxder to acquire said land by the exercise of
the right of eminent domain, in the manner as provided for in the
laws of the State of Missouri .
5ECTION 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
interest in land for said City, and he is hereby authorized to
execute on beh:alf of and in the name of said City any instrument
or document which may be necessary in the acquisition of said land.
SECTION 5. This Ordinance is necessary for the immediate
preservation of the public peaCe, health and safety and shall qo
into effect immediately upon its passage and appr al.
PA55ED .AND APPROVED THIS /�J� DAY OF `
, .1972.
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MA.YOR
ATTEST:
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