HomeMy WebLinkAboutOrd.4327.06-18-2012 BILL NO. 12-60 ORDINANCE NO.
AN ORDINANCE VACATING THE CITY' S INTEREST IN
A PORTION OF RIGHT-OF-WAY FROM BROADWAY
SOUTH, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, the City Council has received . a request from the
property owners of property located at 611 Broadway in the City
of Cape Girardeau, Missouri to vacate a portion of an alley
right-of-way from Broadway South; and
WHEREAS, the City Council set the date of May 21, 2012 for
a public hearing on this request; and
WHEREAS, at least ten 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 on May 21, 2012, at
which time all interested parties were afforded the opportunity
to speak in favor of or in opposition to the proposed Broadway
alley right-of-way vacation; and
WHEREAS, except for the property' s use as a location for
various utilities, the City Council has determined that the
right-of-way in question is not necessary or needed for any of
the purposes for which it was dedicated and established; and
WHEREAS, it is in the public interest that the Broadway
alley right-of-way be vacated as long as an easement is retained
for the installation, operation and maintenance of any
utilities .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Council hereby finds that it is in the
public interest to vacate that portion of the Broadway alley
right-of-way referred to in Article 2 herein.
ARTICLE 2 . The City' s interest in the Broadway alley right-
of-way on the following described real estate :
An existing 16 . 25 foot wide Alleyway to be vacated in
part of Range "D" in Survey No. 2199, Township 30
r
North, Range 14 East, in the City of Cape Girardeau,
Missouri and in Cape Girardeau County, Missouri, more
particularly described as follows :
Begin at the Southeast corner of Lot No. 2, Dodd Place
Subdivision, also known as the Point of Beginning,
thence, N06'58' 31"E, 112 . 34 feet to a point on the
south line of Broadway, thence, S83°00' 00"E, 16. 25
feet along said south line of Broadway to a point,
thence, S06058' 31"W, 112 . 34 feet to a point on the
east line of a Public Alleyway, thence, N83°00100"W,
16. 25 feet to the Point of Beginning.
is hereby vacated subject to the retention by the City of Cape
Girardeau of a 16. 25' wide utility easement, which is more
particularly described as follows :
A proposed 16 . 25 foot wide Permanent Utility Easement
in part of Range "D" in Survey No. 2199, Township 30
North, Range 14 East, in the City of Cape Girardeau,
Missouri and in Cape Girardeau County, Missouri, more
particularly described as follows :
Begin at the Southeast corner of Lot No. 2, Dodd Place
Subdivision, also known as the Point of Beginning,
thence, N06'58' 31"E, 112 . 34 feet to a point on the
south line of Broadway, thence, S83000' 00"E, 16. 25
feet along said south line of Broadway to a point,
Thence, S06°58' 31"W, 112 . 34 feet to a point on the
east line of a Public Alleyway, thence, N83000' 00"W,
16. 25 feet to the Point of Beginning.
This retained utility easement will reserve to the City the
right to install, lay, erect, construct, maintain, operate,
repair and replace, by itself or by its agents, servants and
assigns or any licensee or holder of a franchise from the city,
any poles, wires, pipes, conduits, sewer pipes, sewer mains,
water mains, or any other facility or equipment for the
installation, maintenance or operation of any utility now
located or to be located in the future, in the street or portion
thereof vacated by this ordinance . If the retention of said
utility easement is for any reason held to be invalid by any
court of competent jurisdiction, this vacation shall also be
deemed invalid.
ARTICLE 3 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS DAY OF JZ1V71,e, ,
2012 .
E. (1,ediger, Mayor
ATTEST: GIRA
; K M
AayyAL. Conrad �j�'��r1
City Clerk
THF UNION �
STATE OF MISSOURI
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of �,�, 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.
v
Shonda Voelker, Notary Public
My Commission Expires : -)I
zo;• NOTARY SEAL ¢