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HomeMy WebLinkAboutOrd.5524.04-04-2022 BILL NO. 22-49 ORDINANCE NO. ,= ...qa_y____ AN ORDINANCE VACATING THE CITY' S INTEREST IN THE DRAINAGE EASEMENT LOCATED AT 150 COUNTRY LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request from Kergious and Martha Crites to vacate a drainage easement, in the City of Cape Girardeau, Missouri; and WHEREAS, a public hearing was held on March 21, 2022, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of the drainage easement; 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, the City Council has determined that the drainage easement in question is not necessary or needed for any of the purposes for which it was dedicated and established; and WHEREAS, the City Council is concurrently accepting a new drainage easement at 150 Country Lane; and WHEREAS, it is in the public interest that the original drainage easement as shown on Country Place Subdivision 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 that this drainage easement be vacated, as long as a new drainage easement is executed by Kergious and Martha Crites and accepted by the City Council concurrently with this vacation. ARTICLE 2 . The City' s interest in the drainage easement located in the following described real estate: All that part of Country Place Subdivision, a subdivision on file in the land records of Cape Girardeau County, Missouri, in Plat Book 13 at Page 32, being more particularly described as follows : All of the 12 foot drainage easement lying solely in, on and across Lot 1 of Country Place Subdivision, a subdivision on file in the land records of Cape Girardeau County, Missouri, in Plat Book 13 at Page 32 . is hereby vacated. If the new drainage easement executed by Kergious and Martha Crites and accepted by the City Council concurrently with this vacation 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 0 Arji , , 2022 . JrOr ir • Bob ox, Mayor ATTEST: G• I�d' 41 072/./_/°4-' 1 ! :ruse Tay ef, Deputy City Clerk 'Y, 1004r s STATE OF MISSOURI ) ss . . , -. COUNTY OF CAPE GIRARDEAU On this day of Opqbe 2022before me PersonallY aPPeared Bob Fox tme 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 said instrument was signed and sealed on 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. My Commission Expires : C? 4167111 ::EVa/ljoabNot- 'y Pu.lic Amanda L.McKinney Notary Public-Notary Seal STATE OF MISSOURI Commissioned for Cape Girardeau My Commission Expires:3/3/2026 ID#14588193 Title of Document: Date of Document: Grantor(s) Name and Address: Grantee(s) Name and Address: Legal Description: Reference Book & Page, if required: RECORDER OF DEEDS COVER PAGE Vacation Agreement 150 Country Ln Cape Girardeau, MO 63701 April 4th, 2022 City of Cape Girardeau 44. N. Lorimier St. Cape Girardeau, MO 63701 Kergious and Martha Crites 150 Country Ln Cape Girardeau, MO 63701 DocI .8329465 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MG RECORDED ON 04/25/2022 09:46:58 AM REC FEE: 33.00 PAGES: 4 See following page: Vacation Petition & Vacation Request All of the 12 foot drainage easement lying solely in, on and across Lot 1 of Country Place Subdivision, a subdivision on file in the land records of Cape Girardeau County, Missouri, in Plat Book 13 at Page 32. is hereby vacated. If the new drainage easement executed by Kergious and Martha Crites and accepted by the City Council concurrently with this vacation 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 r1 , 2022. Bob Fox, Mayor ATTEST: ruce Tayl , Deputy City Clerk STATE OF MISSOURI THE IIN10 ss. SEAL COUNTY OF CAPE GIRARDEAU ) On this�_ day of0L 112022, before me personally appeared Bob Fox, Uo 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 said instrument was signed and sealed on 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. My Commission Expires: L ..,-•,•' �'a171NIIt�R Yr. 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'o6GiGGG�6�i ym m �i �`� f f o1r�r�r�r�XXmr�l�`��� 04/25/2022 9:46:58 AM CITY OF CAPE GIRARDEAU TRANSACTION # 4184279 2022-04482 AGREEMENT 33.00 2022-04483 EASEMENT 39.00 2022-04484 AGREEMENT 33.00 RECORDING FEE: 105.00 TOTAL: 105.00 CHECK: 33.00 CITY OF CAPE GIRARDEAU 11 014155 CHECK: 39-00 CITY OF CAPE GIRARDEAU 8 1014156 CHECK: 33.00 CITY OF CAPE GIRARDEAU 8 1014157 THANK YOU ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, Mo a