HomeMy WebLinkAboutOrd.5705.12-04-2023 BILL NO. 23-173 ORDINANCE NO. 5-M
AN ORDINANCE ACCEPTING A SPECIAL WARRANTY
DEED FROM WILLIAM E. WALKER, III REVOCABLE
TRUST OF MARCH 23, 2022, FOR PROPERTY
LOCATED ALONG EAST CAPE ROCK DRIVE, 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 City of Cape Girardeau, Missouri, hereby
accepts, and agrees to accept, a Special Warranty Deed from
Williarri E. Walker, III Revocable Trust of March 23, 2022, for
tracts of land for the purpose of creating a public park upon
the terms and conditions hereinafter set forth, located along
East Cape Rock Drive, in the City of Cape Girardeau, Missouri,
described as follows :
Tract 1 : (89 E. Cape Rock Drive)
All of Lot One (1) in Block "I" of Cape Rock Hills, a
Subdivision as recorded in Plat Book 3 at Page 29 in the
Recorder' s Office of Cape Girardeau County, Missouri in the City
of and County of Cape Girardeau, Missouri.
Tract 2 : (85 E. Cape Rock Drive)
All of Lots Numbered Two (2) , Six (6) , Seven (7) , Eight (8) and
Nine (9) in Block "I" of Cape Rock Hills, a subdivision of U. S.
Survey No. 3091 as per plat on file recorded in Plat Book 3 at
Page 29, in the Recorder' s Office of Cape Girardeau County,
Missouri, all in the County of Cape Girardeau, Missouri. This
description is intended to be the same as that conveyed at Book
158, Page 321 of the land records of Cape Girardeau County,
Missouri.
LESS AND EXCEPT that part conveyed to the City of Cape
Girardeau, Missouri by General Warranty Deed recorded in Book
922 at Page 879, land records of Cape Girardeau County,
Missouri .
Tract 3 : (E. Cape Rock - Parcel 16-809-00-09-007 . 00-0000)
That part of Lots 5, 7, and 8 in Block H of Cape Rock Hills
subdivision as recorded in Plat Book 3, Page 29 in the land
records of Cape Girardeau County, in United States Private
Survey 3091, in Township 31 North, Range 14 East in the County
of Cape Girardeau, State of Missouri, being more particularly
described as follows :
1
Commence at the Northwest corner of said Lot 8, said corner
being marked by a found axle; thence North 64 degrees 01 ' 15"
East, 50 . 02 feet to the Point of Beginning; thence North 64
degrees 01 ' 15" East, 138 . 13 feet; thence North 25 degrees 25 '
37" West, 75 . 00 feet; thence North 63 degrees 13 ' 58" East,
85 . 02 feet; thence North 25 degrees 25 ' 37" West, 308 . 80 feet to
a point in the center of Cape Rock Drive; thence with said
center of Cape Rock Drive and with the arc of a curve concave to
the Southeast having a radius of 767 . 08 feet and a length of
15 . 07 feet, (said arc has a chord bearing of North 59 degrees
00 ' 06" East, 15. 07 feet) ; thence leaving the center of said Cape
Rock Drive, South 25 degrees 25 ' 37" East, 384 .91 feet; thence
North 59 degrees 08 ' 26" East, 27 . 58 feet; thence South 29
degrees 53 ' 02" East, 434 . 63 feet to a point in the center of
Riverside Boulevard; thence with said center of Riverside
Boulevard, South 57 degrees 43 ' 42" West, 285 . 00 feet; thence
leaving the center of said Riverside Boulevard, North 27 degrees
27 ' 45" West, 461. 29 feet to the Point of Beginning.
Tract 4 : (115 E. Cape Rock)
Part of Lot 6 in Block "H" of Cape Rock Hills, a Subdivision as
recorded in Plat Book 3 at Page 29 in the Recorder' s Office of
Cape Girardeau County, Missouri in the City of and County of
Cape Girardeau, Missouri, described by metes and bounds as
follows:
Begin at the northwest corner of said Lot 6 in the center of
Cape Rock Road; thence running eastwardly along the center of
Cape Rock Road 100 feet to a corner; thence run southwardly
approximately 370 feet to a point in the center of a 16 foot
drive on the south line of said Lot 6, which point is 157 feet
west of the southeast corner of said Lot 6; thence run
westwardly along the center of said 16 foot drive 70 feet to the
southwest corner of said Lot 6; thence northwardly along the
west line of said Lot 6, 385 feet to the Place of Beginning.
Tract 5: (E. Cape Rock - Parcel 16-809-00-08-001 . 00-0000)
All of Lot Seven (7) in Block "H" of Cape Rock Hills, a
subdivision of United States Survey No. 3091, as per plat on
file in the Recorder' s Office at Jackson, Missouri, in Plat Book
3 at Page 29, excepting therefrom that part of Lot Seven (7)
conveyed in Warranty Deed dated October 18, 1938 from Ernest O.
Dunklin et al, to Maurice G. Bohnsack as recorded in Book 112 at
Page 278 .
SUBJECT TO the reservation, covenant and condition that the land
shall be used as a public park and held primarily as a habitat
2
for wildlife and a sanctuary for birds similar in nature to Cape
Rock Park.
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS 4144/1 DAY OF Deeeryiber , 2023.
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Stacy Kin t- lyor
ATTEST:
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Gaylo L. Conrad, City Clerk
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RECORDER OF DEEDS
p�� CAPE GIRARDEAU COUNTY, MO
+��+ bEA`a-' RECORDED ON
11/09/2023 08:16:58 AM
REC FEE: 30.00
PAGES: 3
Special Warranty Deed
THIS INDENTURE, Made on the 8th day of November, 2023, by and between
JAMES F. WALTZ,IN HIS CAPACITY AS SUCCESSOR TRUSTEE OF THE WILLIAM E.
WALKER,HI REVOCABLE TRUST OF MARCH 23,2022,
of the County of Cape Girardeau, State of Missouri, Grantor/party of the first part,and
THE CITY OF CAPE GIRARDEAU,MISSOURI,A MUNICIPAL CORPORATION
of the County of Cape Girardeau, State of Missouri, Grantee/party of the second part,
(Mailing address of said first named grantee is 44 N Lorimier St,, Cape Girardeau MO 63701),
WHEREAS, Grantor is the duly appointed, quaked and acting Trustee under The William E.
Walker, III Revocable Trust of March 23, 2022("Trust Instrument');and
WHEREAS, the Trust Instrument gives Grantor a general power of of the following
described real estate.
NOW THEREFORE,for and in consideration of the sum of Ten Dollars($10.00)and other good
and valuable consideration, the receipt of which is hereby acknowledged, Grantor does by these
presents, SELL and CONVEY unto the said Grantees, the following described lots, tracts or parcels of
land, lying, being and situate in the County of CAPE GIRARDEAU, and State of Missouri, to wit:
Tract 1: (89 E. Cape Rock Drive)
All of Lot One(1)in Block "I"of Cape Rock Hills,a Subdivision as recorded in Plat Book 3 at Page
29 in the Recorder's Office of Cape Girardeau County,Missouri in the City of and County of Cape
Girardeau,Missouri.
Tract 2: (85 E. Cape Rock Drive)
All of Lots Numbered Two(2),Six(6),Seven (7),Eight(8)and Nine(9)in Block "I"of Cape Rock
Hills,a subdivision of U.S.Survey No.3091 as per plat on file recorded in Plat Book 3 at Page 29,in
the Recorder's Office of Cape Girardeau County,Missouri,all in the County of Cape Girardeau,
Missouri. This description is intended to be the same as that conveyed at Book 158,Page 321 of the
land records of Cape Girardeau County,Missouri.
LESS AND EXCEPT that part conveyed to the City of Cape Girardeau,Missouri by General
Warranty Deed recorded in Book 922 at Page 879,land records of Cape Girardeau County,Missouri.
,
Tract 3: (E. Cape Rock-Parcel 16-809-00-09-007.00-0000)
That part of Lots 5, 7,and 8 in Block H of Cape Rock Hills subdivision as recorded in Plat Book 3,
Page 29 in the land records of Cape Girardeau County,in United States Private Survey 3091,in
Township 31 North,Range 14 East in the County of Cape Girardeau,State of Missouri,being more
particularly described as follows:
Commence at the Northwest corner of said Lot 8,said corner being marked by a found axle;thence
North 64 degrees 01'IS"East,50.02 feet to the Point of Beginning;thence North 64 degrees 01'15"
East,138.13 feet;thence North 25 degrees 25'37"West, 75.00 feet;thence North 63 degrees 13'58"
East,85.02 feet;thence North 25 degrees 25'37" West,308.80 feet to a point in the center of Cape
Rock Drive;thence with said center of Cape Rock Drive and with the arc of a curve concave to the
Southeast having a radius of 767.08 feet and a length of 15.07 feet, (said arc has a chord bearing of
North 59 degrees 00'06"East,15.07 feet);thence leaving the center of said Cape Rock Drive,South
25 degrees 25'37"East,384.91 feet;thence North 59 degrees 08'26"East,27.58 feet;thence South
29 degrees 53'02"East,434.63 feet to a point in the center of Riverside Boulevard;thence with said
center of Riverside Boulevard,South 57 degrees 43'42" West,285.00 feet;thence leaving the center
of said Riverside Boulevard,North 27 degrees 27'45" West,461.29 feet to the Point of Beginning.
Tract 4:(115 E. Cape Rock)
Part of Lot 6 in Block "H"of Cape Rock Hills,a Subdivision as recorded in Plat Book 3 at Page 29
in the Recorder's Office of Cape Girardeau County,Missouri in the City of and County of Cape
Girardeau,Missouri,described by metes and bounds as follows:Begin at the northwest corner of said
Lot 6 in the center of Cape Rock Road;thence running eastwardly along the center of Cape Rock
Road 100 feet to a corner;thence run southwardly approximately 370 feet to a point in the center of a
16 foot drive on the south line of said Lot 6, which point is 157 feet west of the southeast corner of
said Lot 6;thence run westwardly along the center of said 16 foot drive 70 feet to the southwest
corner of said Lot 6;thence northwardly along the west line of said Lot 6,385 feet to the Place of
Beginning.
Tract 5: (E. Cape Rock-Parcel 16-809-00-08-001.00-0000)
All of Lot Seven (7)in Block "H"of Cape Rock Hills,a subdivision of United States Survey No.3091,
as per plat on file in the Recorder's Office at Jackson,Missouri,in Plat Book 3 at Page 29,excepting
therefrom that part of Lot Seven (7)conveyed in Warranty Deed dated October 18,1938 from Ernest
O.Dunklin et al.,to Maurice G.Bohnsack as recorded in Book 112 at Page 278.
SUBJECT TO the reservation,covenant and condition that the land shall be used as a public park
and held primarily as a habitat for wildlife and a sanctuary for birds similar in nature to Cape Rock
Park.
TO HAVE AND TO HOLD The premises aforesaid, with all and singular the rights,privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto the said Grantees and
unto their successors and assigns forever;the said Grantor hereby covenanting that the said premises
are free and clear from any encumbrance done or suffered by it;and that it will warrant and defend the
title to said premises unto the said Grantees, and unto their and assigns forever, against the lawful
claims and demands of all persons claiming under it.
IN WITNESS WHEREOF, the said Grantor has hereunto set my hand the day and year above
written.
WILLIAM E. WALKER,HI REVOCABLE TRUST
OF MARCH 23,2022
BY:•
JAMES F. WALTZ,SUCCESS TRUSTEE
STATE OF MISSOURI }
) ss:
COUNTY OF CAPE GIRARDEAU }
On this 8th day of November, 2023, before me appeared James F. Waltz, to me personally
known, who being by me duly sworn did say that he is the Successor Trustee of The William E. Walker,
III Revocable Trust of 23, 2022 and acknowledged that the instrument was signed on behalf of
said Trust, that the instrument is the free act and deed ofsaid Trust, and that he has full power and
authority to act on behalf of said Trust in his capacity as Successor Trustee of the William E. Walker, III
Revocable Trust of 23, 2022.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal at my office in Cape
Girardeau,Missouri,the day and year last above written.
ROBERT WEFTBROWNING
NOTARY P1fBUCBUC-NOTARY SEAL
STATE OF MISSOURI •- Robert Rho::Browning
MY COMMISSION EXPIRES DECEMBER 28 ,2026
CAPE GIRARDEAU COUNTY Notary Public within andf. said Co ty and State
COMMISSION#14632298
My commission expires: December 28,2026