HomeMy WebLinkAboutOrd.4288.01-09-2012 G
BILL NO. 11 - 187 ORDINANCE No. �ao T
AN ORDINANCE AUTHORIZING THE ACQUISITION OF ADDITIONAL
PROPERTY FOR THE WASTEWATER TREATMENT PLANT PROJECT, 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 Staff is authorized and directed to acquire certain property needed for the
construction of a new wastewater treatment plant. The City staff is hereby authorized and directed to
accept offers of donation of property needed, make appropriate offers of purchase to the owners of the
properties based on values provided by professional appraisers; to negotiate with the owners of the
property in an effort to reach agreement for the purchase of the property needed and if the negotiations
fail, then to proceed to acquire the needed properties through the exercise of the City's powers of
Eminent Domain. All of the above actions heretofore taken by City Staff relating to the following tracts
are hereby authorized and ratified by the City Council.
ARTICLE 2. The property designated for acquisition for this project are as follows:
TRACT 1.
BURLINGTON NORTHERN SANTA FE RAILWAY
PERMANENT SANITARY SEWER EASEMENT
THAT PART OF BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY IN
OUTLOT NUMBER 63 OF UNITED STATES PRIVATE SURVEY NUMBER 2199,
TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Southeast corner of Block 3 of Smelterville, a Subdivision on file in the Land
Records of Cape Girardeau County in Plat Book 2 at Page 42 of said Cape Girardeau County, said
corner being at the Northwest corner of the intersection of Poplar Street and Giboney Lane;
thence South 83°37'55" East, 26.90 feet, to a point on the East Right of Way of Giboney Lane and
the West line of Burlington Northern Santa Fe Railroad Right of Way; thence with said lines
North 28°02'05" East, 25.86 feet; thence leaving said lines South 84°53'27" East, 162.86 feet, to a
point on the East line of Burlington Northern Santa Fe Railroad Right of Way; thence with said
Right of Way South 28°02'05" West, 54.29 feet; thence leaving said line North 84°53'27" West,
162.86 feet, to a point on the East Right of Way of Giboney Lane and the West line of Burlington
Northern Santa Fe Railroad Right of Way; thence with said lines North 28°02'05" East, 28.43 feet,
to the point of beginning, and containing 8,143 square feet, more or less.
ARTICLE 3. The Council of the City of Cape Girardeau, Missouri, hereby finds and declares that
the acquisition of the above described properties is for a public use and that such acquisition is within the
scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the
properties is reasonable and necessary for public use in order to provide for the construction, operation,
maintenance and improvement of a public wastewater treatment plant.
ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and
approval.
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PASSED AND APPROVED THIS DAY OF JIM)4r , 201/a
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ATTEST:
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Gayle Conrad ,
City Clerk T
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