HomeMy WebLinkAboutOrd.4299.02-16-2012 BILL NO. 12-24 ORDINANCE NO. ya a
AN ORDINANCE ACCEPTING AN EASEMENT FOR THE
SHEET PILE WALL PROJECT EXECUTED BY BNSF
RAILWAY COMPANY, 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 an Easement for the Sheet Pile Wall Project executed by
BNSF Railway Company, conveying to the City of Cape Girardeau,
Missouri, said easement on the following described real
property, to-wit :
ALL OF THAT PART OF LOT 109 OF RANGE'CY OF THE CITY OF CAPE GIRARDEAU,MISSOURI,BEING PART
OF OUTLOT#33 OF UNITED STATES PRIVATE SURVEY NUMBER 2199,AND BEING IN TOWNSHIP 31
NORTH,RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN,WITHIN THE CITY AND COUNTY OF CAPE
GIRARDEAU,STATE OF MISSOURI,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a found h"diameter iron rod at the intersection of the East line of Water Street and the
North line of Outlot#33,thence with the north line of Outlot#33,South 83°52'23" East, 174.24 feet,to
a point on the western right of way line of the Burlington Northern—Santa Fe Railroad,thence South
32°05'19"West,with said west right of way,35 feet west of and parallel to the centerline of the
mainline tracks for said railroad, 164.85 feet,thence with an offset in said west railroad right of way,
South 57°5441"East, 27.00 feet,thence continuing southerly along said western right of way line,8 feet
west of and parallel to the centerline of said mainline railroad tracks,South 32°05'19"West,28.65 feet,
to the place of beginning; thence continuing along the western line of said railroad,8.0 feet west of and
parallel to said track centerline,South 32`05'19"West, 100.00 feet,thence leaving said western right of
way line,South 57°54'41"East,25.00 feet,to a point on the eastern right of way line of said railroad,
said point being 17.0 feet east of the centerline of the main line tracks of said railroad (as measured
normal thereto),thence North 32'05'19" East, 17.0 feet east of and parallel to the centerline of said
main line railroad tracks,100.00 feet,and thence North 57°54'41"West,25.00 feet,to the place of
beginning and containing 2,500 square feet, more or less,and as shown on the accompanying exhibit.
ARTICLE 2 . Pursuant to Section 3 . 15 (a) of the Charter of
the City of Cape Girardeau, Missouri, this measure is adopted as
an emergency measure as it constitutes a Bill concerning the
immediate preservation of public peace, property, health, safety
or morals in that BNSF Railway Company currently has some track
shut down time already scheduled, and processing this ordinance
as an emergency measure will allow the work to be performed
without having to shut down rail traffic at an additional date,
and hence will save significant expense for the project .
I
Accordingly, this ordinance will take effect immediately upon
its passage and approval .
SED AND APPROVED THIS DAY OF J 2012 .
rA
or tta A. Schneider, Mayor Pro-Tempore
THE UNE()N may' :
Gayl L. Conrad, City Clerk