HomeMy WebLinkAboutOrd.5681.09-05-2023 BILL NO. 23-124 ORDINANCE NO. 1j-4; g]
AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A SPECIAL WARRANTY DEED TO MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR
PROPERTY ALONG MINNESOTA AVENUE AT THE
INTERSECTION OF ROUTE 74, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI _
BE IT ORDAINED BY THE COUNCIL OF THE CITY - OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute a Special
Warranty Deed to Missouri Highways and Transportation Commission
for property along Minnesota Avenue at the intersection of Route
74, in the City of Cape Girardeau, Missouri, more particularly
described as follows :
THAT PART ,OF BLOCKS 1 AND 2 OF BOULEVARD HEIGHTS, A
SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY IN PLAT BOOK 3 AT PAGE 55, AND THAT PART OF VACATED
DAKOTA AVENUE AND MAPLE STREET, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI DESCRIBED AS FOLLOWS:
Commence at the Northeast corner of Lot 1 in Block 1 of
Brink' s Second Subdivision, a subdivision on filein the
Land Records of Cape Girardeau County in Plat Book 6 at
Page 41, said corner also being the intersection of the
West right of way line of Minnesota Avenue and the South
right of way line of Brink Avenue; thence with said West
right of way line of Minnesota Avenue, South 06°40' 25" West,
13. 77 feet to a point on the North right of way line of
Missouri Route 74; thence leaving said West right of way
line of Minnesota Avenue and with said North right of way
line of Missouri Route 74, North 73°45' 25" East, 51 . 48 feet;
thence North 69°51' 55" East, 12 . 92 feet; thence North
69°50' 47" East, 10 . 15 feet to the Point of Beginning; thence
leaving said North right of way line of Missouri Route 74,
North 23°02' 47" East, 68 . 56 feet; thence North 21°57' 13"
West, 62 . 06 feet; thence North 68°02' 47" East, 56. 00 feet;
thence South 21°57' 13" East, 62 . 06 feet; thence South
66°57' 13" East, 74 . 86 feet to said North right of way line
of Missouri Route 74; thence with said North right of way
line of Missouri Route 74, South 68°32' 08" West, 21 . 51 feet;
thence South 69°50' 47" West, 135 . 97 feet to the Point of
Beginning and containing 0 . 205 acres, more or less, subject
to any easements of record, as shown on accompanying plat.
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS : DAY OF 2-P,0-442t(Or'/r , 2023.
Stacy Kind r, Ma or
ATTEST:
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Bruce
Tayl,Deputy City Clerk
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CCO FORM: RW52 COUNTY: Cape Girardeau
Approved: 04/10 (AR) ROUTE: 74
Revised: 03/23 (JDS) PROJECT: FAF-74-1(21)
Modified: FED. PROJECT: N/A
PARCEL: N/A
SPECIAL WARRANTY DEED
(1) PARTIES: THIS AGREEMENT, made this day AJ)�MN,2023,
by and between City of Cape Girardeau, (hereinafter, "Grantor"), o h County of Cape
Girardeau, and State of Missouri, and the STATE OF MISSOURI, acting by and through
the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, (hereinafter,
"Grantee").
GRANTOR(S)' ADDRESS: 44 North Lorimier, Cape Girardeau, MO 63701
GRANTEE'S ADDRESS: 2675 N. Main, Sikeston, MO 63801
(2) CONSIDERATION: Grantor, in consideration of the sum of One and
NO/100 DOLLARS ($1.00) and other good and valuable consideration, to be paid by the
Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and
sell, convey and confirm to the Grantee fee simple title in the property described in this
deed.
(3) PROPERTY DESCRIPTION: Grantor conveys to the Grantee the real
estate and interests in real estate in the County of Cape Girardeau, State of Missouri, and
described as follows:
That part of Blocks 1 and 2 of Boulevard Heights, a subdivision on file in the Land
Records of Cape Girardeau County in Plat Book 3 at Page 55, and that part of Vacated
Dakota Avenue and Maple Street, City and County of Cape Girardeau, State of Missouri
and more particularly described in Exhibit A attached hereto.
(4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges,
appurtenances and immunities belonging to the Grantor, its successors and assigns
forever.
(5) SPECIAL WARRANTY: The Grantor hereby covenants that it is lawfully
seized of an indefeasible estate in fee in the premises hereby conveyed. Grantor
covenants that the said premises are free and clear of any encumbrances done or
suffered by it, and will warrant and defend the title to said premises unto the Grantee, and
unto its successors and assigns, forever, against the lawful claims and demands of all
persons claiming by, through or under the Grantor, but none other.
(6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the
day and year first above written.
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City of Cape Girardeau
By:
Stacy KiWerjVlayor
Attest:
Gayle q6orad, City Clerk
ACKNOWLEDGMENT BY CITY
STATE OF la'
ss
COUNTY O
On this l'ay of 3, before me appeared Stacy Kinder
personally known to me, who being y me duly sworn, did say that she is the Mayor of
the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the
City of Cape Girardeau and that she acknowledged said instrument to be the free act and
deed of the City of Cape Girardeau and that it was executed for the consideration stated
therein and no other.
--1•N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the unty and state aforeid the day and year written above.
Ntr' , blic y'
My Commission Expires
-L' v,, y l lie-iVo'iary Seal
STATE OF, WSSOURI
Commissioned for Cape Girardeau
My Commission Expires: 31-In,026
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