HomeMy WebLinkAboutOrd.4296.01-23-2012 BILL NO. 12-05 ORDINANCE NO.
AN ORDINANCE VACATING THE CITY' S INTEREST IN A
SANITARY SEWER EASEMENT THROUGH 2880 HOPPER
ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from property
owners that the City vacate a sanitary sewer easement through 2880
Hopper Road, in the City and County of Cape Girardeau, Missouri,
and more particularly described in Section 1 hereof; and
WHEREAS, the date of Monday, January 9 , 2012, was set for a
public hearing on this request; and
WHEREAS, at least ten (10) days notice of the time and place
of this hearing was published in a newspaper of general circulation
in the City; and
WHEREAS, a public hearing was held by the City Council on
Monday, January 9 , 2012 , at which all interested parties were
afforded the opportunity to speak in favor of or in opposition to
the proposed sanitary sewer easement vacation; and
WHEREAS, the City Council has determined that the sanitary
sewer easement in question is not necessary or needed for the
purpose for which it was dedicated and established; and
WHEREAS, it is in the public interest that the sanitary sewer
easement be vacated;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City' s interest in a certain sanitary sewer
easement on the following described real estate:
LOCATED IN LOT 2 OF JOHN B. JORROW' S SUBDIVISION OF THE EAST
PART OF OUTLOT 78A OF UNITED STATES PRIVATE SURVEY 2199,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
A strip of land being 20 feet wide, lying 10 feet on each side
of the following described easement centerline,
Commencing at a point on the south line of a tract of land as
recorded in Book No . 209 at Page No. 343 of the land records
of the County Recorder's Office from which point the southeast
corner of said tract of land bears, S 820 09 ' 00" E, 339 . 16
feet, said point being on the north right of way line of
Hopper Road and being on the centerline of a sanitary sewer
easement in favor of the City of Cape Girardeau Thence along
said centerline, N 020 06 ' 11" E, 180 . 06 feet to the POINT OF
BEGINNING;
Thence continuing N 020 06 ' 11" E, 173 . 04 feet;
Thence N 020 08 ' 11" E, 232 . 94 feet and there terminating.
is hereby vacated.
ARTICLE 2 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS ZAd DAY OF 20)�.
;a
v:-
L' Harry E. e er
Mayor
THE ION 0`
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L. Conrad
City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this Z 3 r day of r 2012 , before me appeared
Harry E. Rediger, to me personally known, who, being by me duly
sworn, did say that he is the Mayor of the City of Cape Girardeau,
Missouri, a Municipal Corporation of the State of Missouri, and
that the seal affixed to the foregoing instrument is the seal of
said City and that the said instrument was signed and sealed in
behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
,%%Mot,
Y Poe" MARTM J.BROWN
=o• c�: My Commissar Expires
Decenter6,2013 Notary Public
A%. SEAL � Cape Girardeau County My Commission Expires :
' ,Ofnfi, Commission#09400060