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HomeMy WebLinkAboutORD.2809.10-23-2000BILL NO. 2000-.9O ORDINANCE NO. �-i & C/ AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER EASEMENT IN DOCTOR'S PARK SECOND SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI t Cis WHEREAS, the City Council has received a request from property owners that the City vacate a sewer easement in Doctor's Park Second Subdivision, and more particularly described in Section 1 hereof; and WHEREAS, the City Council set the date of October 9, 2000, 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 October 9, 2000, at which all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed sewer easement vacation; and WHEREAS, the City Council has determined that the sewer 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 sewer 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 interest in a sewer easement on the following described real estate: A PART OF LOT'S 49 AND 50 OF DOCTOR'S PARK SECOND SUBDIVISION. LYING IN OUTLOT NO. 85 OF U.S.P.S. NO. 2199 AND IN U. S. P. S. NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 30 FEET WIDE LYING 3 FEET SOUTHERLY OF AND 27 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: Commencing at the southeast corner of lot no. 49 of Doctors Park Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 12 at page no. 22, said point being on the west right of way line of Doctors' Park Drive, and being the beginning of a non -tangent curve concave to the southwest having a radius of 367.35 feet and a central angle of 060 53' 35". and to which a radial line bears S 760 56' 20" W; Thence in a northwesterly direction along said curve and west right of way line, 44.20 feet to the beginning of a compound curve, concave to the southwest having a radius of 253.34 feet and a central angle of 070 32' 06"; Thence continuing in a northwesterly direction along said curve and right of way line, 33.32 feet to the TRUE POINT OF BEGINNING: Thence leaving said right of way line, S 72° 08' 42" W, 305.92 feet to a point on the south line of said lot no. 49, and there terminating. The sidelines of the above described easement being prolonged and shortened to terminate at the west right of way line of Doctors' Park Drive and at the east line of an existing sewer, utility and drainage easement as shown by plat of said Doctors' Park Second Subdivision. is hereby vacated. ten ARTICLE 2. This ordinance shall be days after its passage and approval. co( PASSED AND APPROVED THIS nDAY ATTEST: At J6 r� Cn, a& Gayle . Conrad City Clerk STATE OF MISSOURI in full force and effect SS. COUNTY OF CAPE GTRARDEAU ) On this a_" day of J��1� 2000, before me appeared A. M. Spradling, III, 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 2 1084 wl'IA70 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. Delores G. Needham, Notary Public My Commission Expires: October 8, 2004 Riled or Record C/' F, OCT 2 7 ZWO JanJt Aobort, Waoararr 4 600 OLIP44y 0ounly 3 STATE OF MISSOURI County of Cape Girardeau, � ss I hereby certify that this instrument was FILED FOR RECORD at the date and time show�nn hereon and i�j ecorded in Book. fQ g %..... Page.. p :..... . .............. J NET ROBERT ecorder of Deeds By ,4 Deputy