HomeMy WebLinkAboutOrd.4999.08-21-2017 BILL NO. 17-117 ORDINANCE NO. C
1
AN ORDINANCE VACATING THE CITY'S INTEREST IN 1 11
A PORTION OF A UTILITY EASEMENT LOCATED IN
WALDEN PARK PHASE 3 SUBDIVISION, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from
property owners that the City vacate a portion of a Utility
Easement, located in Walden Park Phase 3 Subdivision, in the
City of Cape Girardeau, Missouri, and more particularly
described in Article 2 hereof; and
WHEREAS, the date of Monday, August 7, 2017, has been 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 on Monday, August 7,
2017, at which time all interested parties were afforded the
opportunity to speak in favor of or in opposition to the
proposed vacation of a portion of the Utility Easement, located
in Walden Park Phase 3 Subdivision, in the City of Cape
Girardeau, Missouri; and
WHEREAS, the City Council has determined that the portion of
the easement in question is not necessary or needed for the
purposes for which it was dedicated and established; and
WHEREAS, it is in the public interest that the portion of
the Utility Easement as described in Article 2, located in
Walden Park Phase 3 Subdivision, in the City of Cape Girardeau,
Missouri, be vacated;
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 a Utility Easement,
located in Walden Park Phase 3 Subdivision, in the City of Cape
Girardeau, Missouri, referred to in Article 2 herein.
ARTICLE 2. The City' s interest in that portion of a Utility
Easement, located in Walden Park Phase 3 Subdivision, in the
City of Cape Girardeau, Missouri, on the following described
real estate:
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 111 :
BEING THE WEST 2 . 1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 111 OF WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 111, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24°25' 23" WEST, 5. 00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 65°34 ' 37" WEST, 7. 90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24°25' 23" WEST, 30.00
FEET; THENCE NORTH 65°34 ' 37" WEST, 2 . 10 FEET; THENCE
NORTH 24°25'23" EAST, 30. 00 FEET; THENCE SOUTH 65°34 ' 37" EAST,
2. 10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150. 00
SQUARE FEET, MORE OR LESS.
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 112 :
BEING THE WEST 2. 1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 112 OF WALDEN PARR PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 112, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24°25'23" WEST, 5. 00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 65°34 '37" WEST, 7. 90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24°25'23" WEST, 30. 00
FEET; THENCE NORTH 65°34 ' 37" WEST, 2. 10 FEET; THENCE
NORTH 24°25'23" EAST, 30. 00 FEET; THENCE SOUTH 65°34 ' 37" EAST,
2. 10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150. 00
SQUARE FEET, MORE OR LESS.
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 113:
BEING THE WEST 2. 1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 113 OF WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 113, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24°25' 23" WEST, 5. 00 FEET;
THENCE LEAVING SATE EAST LINE, NORTH E5°34 ' 37" WEST, 7 . 9; FEET
2
TO THE POINT OF BEGINNING; THENCE SOUTH 24°25'23" WEST, 30. 00
FEET; THENCE NORTH 65°34 ' 37" WEST, 2. 10 FEET; THENCE
NORTH 24°25'23" EAST, 30. 00 FEET; THENCE SOUTH 65°34 ' 37" EAST,
2 . 10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150. 00
SQUARE FEET, MORE OR LESS.
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 114 :
BEING THE WEST 2 . 1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 114 OF WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 114, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24°25'23" WEST, 5. 00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 65°34 '37" WEST, 7. 90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24°25'23" WEST, 30.00
FEET; THENCE NORTH 65°34 ' 37" WEST, 2. 10 FEET; THENCE
NORTH 24°25'23" EAST, 30. 00 FEET; THENCE SOUTH 65°34 ' 37" EAST,
2 . 10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150. 00
SQUARE FEET, MORE OR LESS.
is hereby vacated.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and a. . oval.
PASSED AND APPR. DAY OF IL,4 , 2017 .
10 /444,k ��►' -
�ch-� ,r ry E Rediger, Mayor
ATTEST: •
tV `•'..:_-.434411111.1O;
:ruce Tayl , DeputW
STATE OF MISSOURI
ss .
COUNTY OF CAPE GIRARDEAU )
On this ?1St day of aUWA :1- , 2017, before me
appeared Harry E. Rediger, to line personalis known, who, being by
3
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.
Shor(Ba� Lancaster, Notary Public
Apt.. si 0Auwassm
My Commission Expires: • . msy"
:24"Pr.• Febumy 23.2020
:!s'•.SEAL &MO
`•F • Cmsn<s bn#12390196
4
N GRAPHIC SCALE Z
OO 20 0 10 20-- -- -- -- -- -
W 0 E Description Of Easements W
(
S IN FEET) To Be Released
\
1 inch = 20 ft. o
NORTH ORIENTATION FROM \ DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 111:M
MISSOURI STATE PLANE / \ \ o D 0z 2F M
COORDINATE SYSTEM / / \ 34 \"�L O T T BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST LINE OF LOT 111 OF WALDEN Q U)0
9, 20 PARK PHASE 3, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN --� z
DOCUMENT NO. 2013-02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Z
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 111, THENCE WITH THE EAST LINE OF SAID LOT,Q
\ a \ \ P.O.0 SOUTH 24'25'23" WEST, 5.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 65'34'37" WEST, 7.90 Z 0 M
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 24'25'23" WEST, 30.00 FEET; THENCELu C J M 3
/ \ P.O.B. NORTH 65'34'37" WEST, 2.10 FEET; THENCE NORTH 24'25'23" EAST, 30.00 FEET; THENCE W W o w Cc 3
\ �g ��
SOUTH 65'34'37" EAST, 2.10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150.00 SQUARE FEET,O Z
0' MORE OR LESS. Z
\ \S e \ o 0 0 W
/ / \ 107 \ \ DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 112:
/ o
BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST LINE OF LOT 112 OF WALDEN
ZOP \ �0 10.00' PARK PHASE 3, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN
V\ 2/0' EXISTING DOCUMENT NO. 2013-02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
V / \ ?70'EASEMENT COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 112, THENCE WITH THE EAST LINE OF SAID LOT, .a
P.O.B � ; P.O.C.
SOUTH 24'25'23" WEST, 5.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 65'34'37" WEST, 7.90
/ FEET TO THE POINT OF BEGINNING; THENCE SOUTH 24'25'23" WEST, 30.00 FEET, THENCE H
NORTH 65'34'37" WEST, 2.10 FEET; THENCE NORTH 24'25'23" EAST, 30.00 FEET; THENCE Cl)
SOUTH 65'34'37" EAST, 2.10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150.00 SQUARE FEET, N
MORE OR LESS. All t v 0
CL
7 07.00,
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 113: d o
ZOP \ ?70, BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST LINE OF LOT 113 OF m �' @ 0
E Q
WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU O _ @
/ \ \0' `� COUNTY IN DOCUMENT NO. 2013-02032, STATE OF MISSOURI, BEING MORE PARTICULARLY I- v
/ \ p O.g P O.C. DESCRIBED AS FOLLOWS: H a v
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 113, THENCE WITH THE EAST LINE OF =
\ \ o SAID LOT, SOUTH 24'25'23" WEST, 5.00 FEET; THENCE LEAVING SAID EAST LINE, _ r
� o
10.00' V I'0\
/
ZOP
\ ��
\ ? 70'
\
1� ? o
\ P 0. B. P 0 C.
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6S:3,;
3>0/
----
701.0 0 70700
Legend \ \
e�
P.O.B. = POINT OF BEGINNING?70,
P.O.C. = POINT OF COMMENCEMENT ,
® = EASEMENT TO BE RELEASED
LINE TABLE
LINE #
DIRECTION
LENGTH
L1
N24° 25' 23"E
5.00'
L2
S65° 34' 37"E
7.90'
L3
N24' 25' 23"E
5.00'
L4
S65° 34' 37"E
7.90'
L5
N24° 25' 23"E
5.00'
L6
S65° 34' 37"E
7.90'
L7
N24° 25' 23"E
5.00'
L8
S65' 34' 37"E
7.90'
NORTH 65'34'37" WEST, 7.90 FEET TO THE POINT OF BEGINNING; THENCE
E v
080
SOUTH 24'25'23" WEST, 30.00 FEET; THENCE NORTH 65'34'37" WEST, 2.10 FEET; THENCE
NORTH 24'25'23" EAST, 30.00 FEET; THENCE SOUTH 65'34'37" EAST, 2.10 FEET TO THE POINT
H
0 .�
OF BEGINNING, AND CONTAINING 150.00 SQUARE FEET, MORE OR LESS.
O
Lu
�2
a -
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 114:
*6o
N
.J
BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST LINE OF LOT 114 OF
WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY IN DOCUMENT NO. 2013-02032, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 114, THENCE WITH THE EAST LINE OF
Z
SAID LOT, SOUTH 24'25'23" WEST, 5.00 FEET; THENCE LEAVING SAID EAST LINE,
w m
Lu_
NORTH 65'34'37" WEST, 7.90 FEET TO THE POINT OF BEGINNING; THENCELO
Q w
SOUTH 24'25'23" WEST, 30.00 FEET; THENCE NORTH 65'34'37" WEST, 2.10 FEET; THENCE
w
NORTH 24'25'23" EAST, 30.00 FEET; THENCE SOUTH 65'34'37" EAST, 2.10 FEET TO THE POINT
LLj
OF BEGINNING, AND CONTAINING 150.00 SQUARE FEET, MORE OR LESS.
Q
z qqrm
u -
Q O
Ub
RECORDER OF DEEDS
COVER PAGE
I!illllll8l!IIII9IIIVIIRI
DOCUMENT #
2017-09910
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
08/31/2017 3:48:26 PM
REC FEE: 36.00
PAGES: 5
Title of Document: An ordinance vacating a portion of a utility easement located
in Walden Park Phase 3 Subdivision, in the City of Cape
Girardeau, Missouri
Date of Document:
Grantor(s) Name & Address:
Grantee(s) Name & Address:
Legal Description:
August 21, 2017
City of Cape Girardeau
401 Independence
Cape Girardeau, MO 63703
None
See Page 2
Reference Book & Page, if Required:
BILL NO. 17-117
ORDINANCE NO. qqqg
AN ORDINANCE VACATING THE CITY`S INTEREST IN
A PORTION OF A UTILITY EASEMENT LOCATED IN
WALDEN PARK PHASE 3 SUBDIVISION, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from
property owners that the City vacate a portion of a Utility
Easement, located in Walden Park Phase 3 Subdivision, in the
City of Cape Girardeau, Missouri, and more particularly
described in Article 2 hereof; and
WHEREAS, the date of Monday, August 7, 2017, has been 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 on Monday, August 7,
2017, at which time all interested parties were afforded the
opportunity to speak in favor of or in opposition to the
proposed vacation of a portion of the Utility Easement, located
in Walden Park Phase 3 Subdivision, in the City of Cape
Girardeau, Missouri; and
WHEREAS, the City Council has determined that the portion of
the easement in question is not necessary or needed for the
purposes for which it was dedicated and established; and
WHEREAS, it is in the public interest that the portion of
the Utility Easement as described in Article 2, located in
Walden Park Phase 3 Subdivision, in the City of Cape Girardeau,
Missouri, be vacated;
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 a Utility Easement,
located in Walden Park Phase 3 Subdivision, in the City of Cape
Girardeau, Missouri, referred to in Article 2 herein.
ARTICLE 2. The City's interest in that portion of a Utility
Easement, located in Walden Park Phase 3 Subdivision, in the
City of Cape Girardeau, Missouri, on the following described
real estate:
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 111:
BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 111 OF WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 111, THENCE WITH .
THE EAST LINE OF SAID LOT,. SOUTH 24025'23" WEST, 5.00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 65°34'37" WEST, 7.90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24025'23" WEST, 30.00
FEET; THENCE NORTH 65034'37" WEST, 2.10 FEET; THENCE
NORTH 24025'23" EAST, 30.00 FEET; THENCE SOUTH 65034'37" EAST,
2.10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150.00
SQUARE FEET, MORE OR LESS.
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 112:
BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 112 OF WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 112, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24025`23" WEST, 5.00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 65034`37" WEST, 7.90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24025`23" WEST, 30.00
FEET; THENCE NORTH 65034'37" WEST, 2.10 FEET; THENCE
NORTH 24025'23" EAST, 30.00 FEET; THENCE SOUTH 65034'37" EAST,
2.10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150.00
SQUARE FEET, MORE OR LESS.
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 113:
BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 113 OF W`RLDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 113, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24025'23" WEST, 5.00 FEET;
THENCE LEAVING SATD E`ST LINE, NORTH 65034`37" WEST, 7.90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24025`23" WEST, 30.00
FEET; THENCE NORTH 65034`37" WEST, 2.10 FEET; THENCE
NORTH 24025'23" EAST, 30.00 FEET; THENCE SOUTH 65034'37" EAST,
2.10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150.00
SQUARE FEET, MORE OR LESS.
DESCRIPTION OF EASEMENT TO BE RELEASED FROM LOT 114.:
BEING THE WEST 2.1 FEET OF THE 10 FEET EASEMENT ALONG THE EAST
LINE OF LOT 114 OF WALDEN PARK PHASE 3, A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NO. 2013-
02032, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 114, THENCE WITH
THE EAST LINE OF SAID LOT, SOUTH 24025'23" WEST, 5.00 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 65°34'37" WEST, 7.90 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 24025'23" WEST, 30.00
FEET; THENCE NORTH 65034'37" WEST, 2.10 FEET; THENCE
NORTH 2402523" EAST, 30.00 FEET; THENCE SOUTH 65°34'37" EAST,
2.10 FEET TO THE POINT OF BEGINNING, AND CONTAINING 150.00
SQUARE FEET, MORE OR LESS.
is hereby vacated.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVE-D�-THIS it DAY OF 2017.
""'44 " x
ry E/ Rediger, Mayor
ATTEST:
race TayZ.Vr, Depu
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIPLA-_DEAD
On this da -\7 of, 2017, before me
appeared Harry Rediger, to me personally known, who, being by
3
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.
Sho d Lancaster, Notary Public
M Commission s s i on Ex i re s : ; �pRY PUS'
Y P O � � ' ' ' � ��i =
my ComSHONDLANCASTER
My Commission Expires
Z, NOTARY
`
svi` SEAL. �,
February 23, 2020
Scott County
9
Commission#12390196
IDEAL
4