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HomeMy WebLinkAboutOrd.3788.02-05-2007RECORDER OF DEEDS COVER PAGE REG FEE.- $fib. 00 PAGES: 5 JANET ROBERT Recorder of Creeds, Cape Girardeau County NO, certify* that this document was filed for record at 10:31AM and official seal affixed at Jackson, M0. 02/26/2007 JANET ROBERT Recorder of Deeds IJJIA Deputy Title of Document: AN ORDINANCE VACATING A UTILITY EASEMENT IN WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Date of Document: February 23, 2007 Grantor(s) Name & Address: City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63701 Grantee(s) Name & Address: NONE. Legal Description: THAT PART OF LOT Z OF RESUBDIVISION OF LOTS 16,47,48,49,50, & 51 OF WHISPERING OAKS — AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23, AT PAGE 71, BEING ALSO THAT PART OF SECTION 10, TOWNSHIP 31 NORTH, RANG 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT; THENCE WITH THE EAST LINE OF SAID LOT NORTH 310 55' 41" EAST, 169.41 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING WITH SAID LINE NORTH 31° 55' 41" EAST, 60.16 FEET; THENCE LEAVING SAID LINE NORTH 53° 51' 54" WEST, 13.12 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 170.00 FEET AND A DISTANCE OF 155.82 FEET, (THE CHORD OF SAID ARC BEARS NORTH 800 07' 23" WEST, 150.42 FEET) ; THENCE SOUTH 730 37' 08" WEST, 41.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET AND A DISTANCE OF 102.52 FEET, (THE CHORD OF SAID ARC BEARS NORTH 810 54' 22" WEST, 99.43 FEET; THENCE NORTH 570 25' 53"WEST, 42.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET, AND A DISTANCE OF 13.31 FEET; (THE CHORD OF SAID ARC BEARS NORTH 54° 15' 14" WEST, 13.30 FEET); THENCE NORTH 51'04'36" WEST, 85.18 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 135.00 FEET AND A DISTANCE OF 51.00 FEET, (THE CHORD OF SAID ARC BEARS NORTH 61° 53'55" WEST, 50.69 FEET), TO A POINT ON THE WEST LINE OF SAID LOT; THENCE SOUTH 000 53' 23" EAST, 67.89 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHEAST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 70.00 FEET AND DISTANCE OF 15.32 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 570 20' 48" EAST, 15.29 FEET; THENCE SOUTII 51° 04' 36" EAST, 76.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHWEST BEING CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 180.00 FEET AND A DISTANCE OF 19.96 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 540 15' 14" EAST, 19.95 FEET) ; THENCE SOUTH 57° 25' 53" EAST, 42.82 FEET; THECE ALONG THE ARC OF A CURVE TO THE SOUTHEAST BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 180.00 FEET AND A DISTANCE OF 153.78 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 810 54' 22" EAST, 149.15 FEET) ; THENCE NORTH 73° 37' 08" EAST, 41.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHEAST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 110.00 FEET AND A DISTANCE OF 100.78 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 80° 08' 06" EAST, 97.29 FEET) ; THENCE SOUTH 530 51' 54" EAST, 17.57 FEET TO THE POINT OF BIGINNING AND CONTAINING 29.271 SQUARE FEET -(0.67 ACRES), MORE OR LESS, Reference Book & Page, if Required: BILL NO. 07-18 ORDINANCE NO. � °"j 98 AN ORDINANCE VACATING A UTILITY EASEMENT IN WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request to vacate from the property owners of property abutting a utility easement located in Lot Z at Whispering Oaks Subdivision, in the City of Cape Girardeau, Missouri; and WHEREAS, the City Council set the date of Monday, January 22, 2007, 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 January 22, 2007, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of the utility easement; and . WHEREAS, the City Council has determined that the utility 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 utility 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 utility easement on the following described real estate: THAT PART OF LOT Z OF RESUBDIVISION OF LOTS 16, 47, 48,48,49,50, & 51 OF WHISPERING OAKS - AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23, AT PAGE 71, BEING ALSO THAT PART OF SECTION 10, TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Lot; thence with the East Line of said Lot North 310 55' 41" East, 169.41 feet, to the point of beginning; thence continuing with said line North 310 55' 41" East, 60.16 feet; thence leaving said line North 530 51' 54" West, 13.12 feet; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 170.00 feet and a distance of 155.82 feet, (the chord of said arc bears North 800 07' 23" West, 150.42 feet); thence South 730 37' 08" West, 41.77 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 120.00 feet and a distance of 102.5.2 feet, (the chord of said arc bears North 810 54' 22" West, 99.43 feet;; thence North 57° 25' 53" West, 42.82 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 120.00 feet, and a distance of 13.31 feet; (the chord of said arc bears North 540 15' 14" West, 13.30 feet); thence North 51 ° 04' 36" West, 85.18 feet; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 135.00 feet and a distance of 51.00 feet, (the chord of said arc bears North 610 53' 55" West, 50.69 feet), to a point on the West line of said Lot; thence South 000 53' 23" East, 67.89 feet thence along the arc of a curve to the Southeast being concave to the Southwest and having a radius of 70.00 feet and a distance of 15.32 feet, (the chord of said arc bears South 570 20' 48" East, 15.29 feet; thence South 510 04' 36" East, 76.31 feet; thence along the arc of a curve to the Southwest being concave to the Northeast having a radius of 180.00 feet and a distance of 19.96 feet, (the chord of said arc bears South 54 ° 151 14" East, 19.95 feet); thence South 570 - 25-'---53-"-- E-ast, 42.82 -eet; thence along the arc of- a curve to the Southeast being concave to the Northeast and having a radius of 180.00 feet and a distance of 153.78 feet, (the chord of said arc bears South 8111 54' 22" East, 149.15 feet); thence North 73 11 37' 08" East,41.77 feet; thence along the arc of a curve to the Southeast being concave to the Southwest and having a radius of 110.00 feet and a distance of 100.78 feet, (the chord of said arc bears South 800 08' 06" East, 97.29 feet); thence South 530 51' 54" East, 17.57 feet to the point of beginning and 15 containing 29,271 square feet (0.67 acres), more or less. is hereby vacated. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. SSED AND APPROVED THIS DAY OF Y� V" Jay B Knudtson, Mayor Gayle La Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of r',zy 2007, before -me appeared Jay B. Knudtson, 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 M e seal of said City and that the said instrument was signed a.: 0h,," in behalf of said City by authority of its City m� � d d ,acknowledged said instrument to be the free act and fa sEnWE d City. MONY WHEREOF, I have hereunto set my hand and Eficial seal, at my office in Cape Girardeau, day and year first above written. aDonna Laub, Notary Public My Commission Expires: X,*tKMNALOR August 4, 2007 Notary' Public -Notary Seal State of MOW" copnty or SWO A% 4, 1d0`I y Comn�ida+cH► �xpires RECORDER OF DEEDS COVER PAGE REG FEE.- $fib. 00 PAGES: 5 JANET ROBERT Recorder of Creeds, Cape Girardeau County NO, certify* that this document was filed for record at 10:31AM and official seal affixed at Jackson, M0. 02/26/2007 JANET ROBERT Recorder of Deeds IJJIA Deputy Title of Document: AN ORDINANCE VACATING A UTILITY EASEMENT IN WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Date of Document: February 23, 2007 Grantor(s) Name & Address: City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63701 Grantee(s) Name & Address: NONE. Legal Description: THAT PART OF LOT Z OF RESUBDIVISION OF LOTS 16,47,48,49,50, & 51 OF WHISPERING OAKS — AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23, AT PAGE 71, BEING ALSO THAT PART OF SECTION 10, TOWNSHIP 31 NORTH, RANG 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT; THENCE WITH THE EAST LINE OF SAID LOT NORTH 310 55' 41" EAST, 169.41 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING WITH SAID LINE NORTH 31° 55' 41" EAST, 60.16 FEET; THENCE LEAVING SAID LINE NORTH 53° 51' 54" WEST, 13.12 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 170.00 FEET AND A DISTANCE OF 155.82 FEET, (THE CHORD OF SAID ARC BEARS NORTH 800 07' 23" WEST, 150.42 FEET) ; THENCE SOUTH 730 37' 08" WEST, 41.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET AND A DISTANCE OF 102.52 FEET, (THE CHORD OF SAID ARC BEARS NORTH 810 54' 22" WEST, 99.43 FEET; THENCE NORTH 570 25' 53"WEST, 42.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET, AND A DISTANCE OF 13.31 FEET; (THE CHORD OF SAID ARC BEARS NORTH 54° 15' 14" WEST, 13.30 FEET); THENCE NORTH 51'04'36" WEST, 85.18 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHWEST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 135.00 FEET AND A DISTANCE OF 51.00 FEET, (THE CHORD OF SAID ARC BEARS NORTH 61° 53'55" WEST, 50.69 FEET), TO A POINT ON THE WEST LINE OF SAID LOT; THENCE SOUTH 000 53' 23" EAST, 67.89 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHEAST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 70.00 FEET AND DISTANCE OF 15.32 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 570 20' 48" EAST, 15.29 FEET; THENCE SOUTII 51° 04' 36" EAST, 76.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHWEST BEING CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 180.00 FEET AND A DISTANCE OF 19.96 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 540 15' 14" EAST, 19.95 FEET) ; THENCE SOUTH 57° 25' 53" EAST, 42.82 FEET; THECE ALONG THE ARC OF A CURVE TO THE SOUTHEAST BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 180.00 FEET AND A DISTANCE OF 153.78 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 810 54' 22" EAST, 149.15 FEET) ; THENCE NORTH 73° 37' 08" EAST, 41.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHEAST BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 110.00 FEET AND A DISTANCE OF 100.78 FEET, (THE CHORD OF SAID ARC BEARS SOUTH 80° 08' 06" EAST, 97.29 FEET) ; THENCE SOUTH 530 51' 54" EAST, 17.57 FEET TO THE POINT OF BIGINNING AND CONTAINING 29.271 SQUARE FEET -(0.67 ACRES), MORE OR LESS, Reference Book & Page, if Required: BILL NO. 07-18 ORDINANCE NO. � °"j 98 AN ORDINANCE VACATING A UTILITY EASEMENT IN WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request to vacate from the property owners of property abutting a utility easement located in Lot Z at Whispering Oaks Subdivision, in the City of Cape Girardeau, Missouri; and WHEREAS, the City Council set the date of Monday, January 22, 2007, 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 January 22, 2007, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of the utility easement; and . WHEREAS, the City Council has determined that the utility 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 utility 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 utility easement on the following described real estate: THAT PART OF LOT Z OF RESUBDIVISION OF LOTS 16, 47, 48,48,49,50, & 51 OF WHISPERING OAKS - AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23, AT PAGE 71, BEING ALSO THAT PART OF SECTION 10, TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Lot; thence with the East Line of said Lot North 310 55' 41" East, 169.41 feet, to the point of beginning; thence continuing with said line North 310 55' 41" East, 60.16 feet; thence leaving said line North 530 51' 54" West, 13.12 feet; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 170.00 feet and a distance of 155.82 feet, (the chord of said arc bears North 800 07' 23" West, 150.42 feet); thence South 730 37' 08" West, 41.77 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 120.00 feet and a distance of 102.5.2 feet, (the chord of said arc bears North 810 54' 22" West, 99.43 feet;; thence North 57° 25' 53" West, 42.82 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 120.00 feet, and a distance of 13.31 feet; (the chord of said arc bears North 540 15' 14" West, 13.30 feet); thence North 51 ° 04' 36" West, 85.18 feet; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 135.00 feet and a distance of 51.00 feet, (the chord of said arc bears North 610 53' 55" West, 50.69 feet), to a point on the West line of said Lot; thence South 000 53' 23" East, 67.89 feet thence along the arc of a curve to the Southeast being concave to the Southwest and having a radius of 70.00 feet and a distance of 15.32 feet, (the chord of said arc bears South 570 20' 48" East, 15.29 feet; thence South 510 04' 36" East, 76.31 feet; thence along the arc of a curve to the Southwest being concave to the Northeast having a radius of 180.00 feet and a distance of 19.96 feet, (the chord of said arc bears South 54 ° 151 14" East, 19.95 feet); thence South 570 - 25-'---53-"-- E-ast, 42.82 -eet; thence along the arc of- a curve to the Southeast being concave to the Northeast and having a radius of 180.00 feet and a distance of 153.78 feet, (the chord of said arc bears South 8111 54' 22" East, 149.15 feet); thence North 73 11 37' 08" East,41.77 feet; thence along the arc of a curve to the Southeast being concave to the Southwest and having a radius of 110.00 feet and a distance of 100.78 feet, (the chord of said arc bears South 800 08' 06" East, 97.29 feet); thence South 530 51' 54" East, 17.57 feet to the point of beginning and 15 containing 29,271 square feet (0.67 acres), more or less. is hereby vacated. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. SSED AND APPROVED THIS DAY OF Y� V" Jay B Knudtson, Mayor Gayle La Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of r',zy 2007, before -me appeared Jay B. Knudtson, 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 M e seal of said City and that the said instrument was signed a.: 0h,," in behalf of said City by authority of its City m� � d d ,acknowledged said instrument to be the free act and fa sEnWE d City. MONY WHEREOF, I have hereunto set my hand and Eficial seal, at my office in Cape Girardeau, day and year first above written. aDonna Laub, Notary Public My Commission Expires: X,*tKMNALOR August 4, 2007 Notary' Public -Notary Seal State of MOW" copnty or SWO A% 4, 1d0`I y Comn�ida+cH► �xpires