HomeMy WebLinkAboutOrd.4026.05-18-2009 II!I I�III III I II III I 'I III !I II I!I!I II II
" * 2009 - 05937 4 *
2009-05937
'A�
r ` . .; ,�'u "^ JANET ROBERT
"',: �;'s`; RECORDER OF DEEDS
J o,(;, "'�, r . -• CAPE GIRARDEAU COUNTY MO
",• ;° j; f js* RECORDED AND SEALED ON
05/22/2009 10:31AM
1 T` rt7ti i/i REC FEE: $33.00
�' �; :c5$,`•' PAGES: 4
JANET ROBERT
Uh Deputy
[The above 3 Inch blank space Is reserved for the Recorder of Deeds Office. Do not alter or use]
RECORDER OF DEEDS
COVER PAGE
Title of Document: An Ordinance Vacating the Recreational Trail Easement through
North Pointe Center First Addition, Located in the City of Cape
Girardeau,to North Pointe Center, LLC
Date of Document: May 20, 2009
Grantor(s) Name&Address: City of Cape Girardeau, Missouri
4011ndependence
Cape Girardeau, MO 63701
Grantee(s) Name & Address: North Pointe Center, LLC
c/o Gary Stanley, Registered Agent
1441 N. Mt. Auburn Rd.
Cape Girardeau, MO 63701
Legal Description: THAT PART OF LOT 2 OF RHODES SUBDIVISION A
SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN
PLAT BOOK 13, AT PAGE 49, AND THAT PART OF THE NORTH HALF OF SECTION
26, BEING IN TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Northernmost corner of Lot 3 of North Pointe Center
First Addition a subdivision on file in the Land Records of Cape
Girardeau County in Plat Book 22 at Page 85; thence North 13050' 00"
East, 590.81 feet, to the point of beginning; thence North 68009129"
East, 20.81 feet; thence South 37°54'26" East, 198.31 feet; thence
South 33°18' 57" East, 382. 19 feet; thence along the arc of a curve to
the Southeast being concave to the Northeast and having a radius of
283.75 feet, and a distance of 182.77 feet; (the chord of said arc
bears South 51046107" East, 179.62 feet) ; thence South 19°10'26" West,
20.00 feet; thence along the arc of a curve to the Northwest being
concave to the Northeast and having a radius of 303.75 feet and a
distance of 195.86 feet, (the chord of said arc bears North 5104711811
West, 192.49 feet) ; thence North 33018157" West, 381.39 feet; thence
North 37°54126" West, 203.27 feet, to the point of beginning and
containing 15,438 square feet, more or less.
Reference Book & Page, if Required:
I�
BILL NO. 09-81 ORDINANCE NO. d,9&
AN ORDINANCE VACATING THE RECREATIONAL TRAIL
EASEMENT THROUGH NORTH POINTE CENTER FIRST
ADDITION, LOCATED IN THE CITY OF CAPE
GIRARDEAU, TO NORTH POINTE CENTER, LLC
WHEREAS, in 2006, North Pointe, LLC, granted to the City of
Cape Girardeau a permanent easement through North Pointe Center
First Addition for the construction and maintenance of a
recreational trail . Since that time, the trail has not been
constructed, and the planned alignment has changed. In order to
facilitate a replatting of said subdivision, the City Council
has received a request from North Pointe Center, LLC, to vacate
the recreational trail easement, located in North Pointe Center
First Addition, in the City of Cape Girardeau, Missouri; and
WHEREAS, the City Council set the date of Monday, May 4 ,
2009, 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 4 , 2009, at which
time all interested parties were afforded the opportunity to
speak in favor of or in opposition to the proposed vacation of
the easement; and
WHEREAS, the City Council has determined that the easement
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 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 easement on the following described
real estate :
THAT PART OF LOT 2 OF RHODES SUBDIVISION A SUBDIVISION
ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY
IN PLAT BOOK 13 , AT PAGE 49, AND THAT PART OF THE
NORTH HALF OF SECTION 26, BEING IN TOWNSHIP 31 NORTH,
RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS :
Commence at the Northernmost corner of Lot 3 of North
Pointe Center First Addition a subdivision on file in
the Land Records of Cape Girardeau County in Plat Book
22 at Page 85; thence North 13050100" East, 590 . 81
feet, to the point of beginning; thence North
68009129" East, 20 . 81 feet; thence South 37054 ' 26"
East, 198 . 31 feet; thence South 33018157" East, 382 . 19
feet; thence along the arc of a curve to the Southeast
being concave to the Northeast and having a radius of
283 . 75 feet, and a distance of 182 . 77 feet; (the chord
of said arc bears South 51046' 07" East, 179 . 62 feet) ;
thence South 19010' 26" West, 20 . 00 feet; thence along
the arc of a curve to the Northwest being concave to
the Northeast and having a radius of 303 . 75 feet and a
distance of 195 . 86 feet, (the chord of said arc bears
North 51047' 18" West, 192 .49 feet) ; thence North
33018157" West, 381 . 39 feet; thence North 37054126"
West, 203 . 27 feet, to the point of beginning and
containing 15, 438 square feet, more or less .
is hereby vacated.
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage a��n��ppd approval .
PASSED AND APPROVED THIS �Th DAY OF
2009 .
lC .P�
Ja . Knudtson, Mayor
6I�Rd
ATTEST:
V
'y �w
Gayl L. Conrad - WO
City Clerk a4°
rJ THE QNIO ~
88pL
• r
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this / g— day of 2009, before me
appeared Jay B. Knudtson, to me pe onaf� lly 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.
aDonnna Laub, Notary Public
My Commission Expires : LADONNAuU0
August 4 , 2011otie...... 1,: 1,1yC,0mmwonE*M
NOTARY, ppgust 4,2011
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