HomeMy WebLinkAboutORD.3717.09-05-2006BILL NO. 06-185
ORDINANCE NO.
AN ORDINANCE VACATING AN ALLEY LOCATED IN
GRANDVIEW SUBDIVISION RUNNING BETWEEN
MADISON AND PERRYVILLE ROAD, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from
property owners of property abutting an alley located in
Grandview Subdivision running between Madison and Perryville
Road, in the City of Cape Girardeau, Missouri, to vacate said
alley; and
WHEREAS, a public hearing was held on August 21, 2006, at
7:00 p.m., at which time all interested parties were afforded
the opportunity to speak in favor of or in opposition to the
proposed vacation of the alley; 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, except for the property's use as a location for
various utilities, the City Council has determined that the
right-of-way 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 right-of-way
be vacated as long as an easement is retained for the
installation, operation and maintenance of any utilities.
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 alley right-of-way be vacated as
long as an easement is retained for the installation, operation
and maintenance of any utilities.
ARTICLE 2. The City's right-of-way on the following
described real estate:
A 16' wide alley in Grandview Subdivision between
Madison and Perryville Road, Outlot 74 in U.S.P.S. No.
2199, Township 31 North, Range 14 East, in the City
and County of Cape Girardeau, State of Missouri, more
particularly described as follows:
Begin at the southeast corner of Lot 1, said point
being also the point of beginning; thence, Northwest,
411.0 feet to the northeast corner of Lot 9; thence,
Southeast, 17.4 feet to the northwest corner of lot
10; thence, Southeast, 408.0 feet to the southwest
corner of lot 14; thence, Southwest, 16.0 feet to the
southeast corner of Lot 1 and to the point of
beginning.
is hereby vacated subject to the retention by the City of Cape
Girardeau of a utility easement, which is more particularly
described as follows:
A 16' wide utility easement in Grandview Subdivision
between Madison and Perryville Road, Outlot 74 in
U.S.P.S. No. 2199, Township 31 North, Range 14 East,
in the City and County of Cape Girardeau, State of
Missouri, more particularly described as follows:
Begin at the southeast corner of Lot 1, said point
being also the point of beginning; thence, Northwest,
411.0 feet to the northeast corner of Lot 9; thence,
Southeast, 17.4 feet to the northwest corner of lot
10; thence, Southeast, 408.0 feet to the southwest
corner of lot 14; thence, Southwest, 16.0 feet to the
southeast corner of Lot 1 and to the point of
beginning.
This retained utility easement will reserve to the City the
right to install, lay, erect, construct, maintain, operate,
repair and replace, by itself or by its agents, servants and
assigns or any licensee or holder of a franchise from the city,
any poles, wires, pipes, conduits, sewer pipes, sewer mains,
water mains, or any other facility or equipment for the
installation, maintenance or operation of any utility now
located or to be located in the future, in the alley or portion
thereof vacated by this ordinance. If the retention of said
utility easement 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
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
�JoaB_n dtson, Mayor
On this 3 -*4 day of p ,.,E,2 2006, 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 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
affixedi my official seal, at my office in Cape Girardeau,
'A � : , the -,day and year first above written.
I `
LaDOnna Laub, Notary Public
rw �.
19xT Expires: August 4, 2007
LADONNA LAUB
Notary Public -Notary Seal
State of Missouri
County of Scott
My Co nminim Expires Av& 4, 2007
3
y REC FEE: $33.00
PAGES: 4
_F`tom
0.a�e�acV* mar„c �, ,� JANET ROBERT, Recorder of
� + � ,Deeds, Cape Girardeau
° .: County MO, certify that
`7'this document was tiled
for record at 10:40AN
�� '" °t� • ` } f and official seal affixed
at Jackson, MO. 10/13/2006
JANET ROBERT
Recorder of De d
Qi LT�eputy
RECORDER OF DEEDS
COVER PAGE
Title of Document: An Ordinance Vacating an Alley Located in Grandview Subdivision
Running Between Madison and Perryville Road, In the City of Cape
Girardeau, Missouri
Date of Document: September 22, 2006
Grantor(s) Name & Address: City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
Grantee(s) Name & Address: None
Legal Description:
A 16' wide alley in Grandview Subdivision between Madison Perryville Road, Outlot 74 in
U.S.P.S. No. 2199, Township 31 North, Range 14 East, in the City and County of Cape
Girardeau, State of Missouri, more particularly describe as follows:
Begin at the southeast corer of Lot 1, said po-Int being also the point of begiiu-Zing; thence,
Northwest, 411.0 feet to the northeast corner of Lot 9; thence, Southeast, 17.4 feet to the
northwest corner of Lot 10; thence Southeast, 408.0 feet tot eh southwest corner of Lot 14;
thence, Southwest, 16.0 feet to the Southeast corner of Lot 1 and to the point of beginning.
Reference Book & Page, if Required:
6— 1 444ti
,s
RECPAG FEE: $33.00
C r,�zrr< Fw PAGES: 4
JANET ROBERT, Recorder of
reeds, Cape Girardeau
County MO, certify that
his document was filed
rF for record at 10:40AM
rr and official seal affixed
at Jackson, MO. 10/13/2006
v - @h JANET ROBERT
Recorder o£ D
�ra,ra��
uty
RECORDER OF DEEDS
COVERPAGE
Title of Document: An Ordinance Vacating an Alley Located in Grandview Subdivision
Running Between Madison and Perryville Road, In the City of Cape
Girardeau, Missouri
Date of Document: September 22, 2006
Grantor(s) Name & Address: City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
Grantee(s) Name & Address: Name
Legal Description:
A 16' wide alley in Grandview Subdivision between Madison Perryville Road, Outlot 74 in
U.S.P.S. No. 2199, Township 31 North, Range 14 East, in the City and County of Cape
Girardeau, State of Missouri, more particularly describe as follows:
Begin at the southeast corner of Lot 1, said point being also the point of beginning; thence,
Northwest, 411.0 feet to the northeast corner of Lot 9; thence, Southeast, 17.4 feet to the
northwest corner of Lot 10; thence Southeast, 408.0 feet tot eh southwest corner of Lot 14;
thence, Southwest, 16.0 feet to the Southeast corner of Lot 1 and to the point of beginning.
Reference Book & Page, if Required:
BILL NO. 06-185
ORDINANCE NO.��
AN ORDINANCE VACATING AN ALLEY LOCATED IN
GRANDVIEW SUBDIVISION RUNNING BETWEEN
MADISON AND PERRYVILLE ROAD, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from
property owners of property abutting an alley located in
Grandview Subdivision running between Madison and Perryville
Road, in the City of Cape Girardeau, Missouri, to vacate said
alley; and
WHEREAS, a public hearing was held on August 21, 2006, at
7:00 p.m., at which time all interested parties were afforded
the opportunity to speak in favor of or in opposition to the
proposed vacation of the alley; 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, except for the property's use as a location for
various utilities, the City Council has determined that the
right-of-way 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 right-of-way
be vacated as long as an easement is retained for the
installation, operation and maintenance of any utilities.
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 alley right-of-way be vacated as
long as an easement is retained for the installation, operation
and maintenance of any utilities.
ARTICLE 2. The City's right-of-way on the following
described real estate:
A 16' wide alley in Grandview Subdivision between
Madison and Perryville Road, Outlot 74 in U.S.P.S. No.
2199, Township 31 North, Range 14 East, in the City
and County of Cape Girardeau, State of Missouri, more
particularly described as follows:
Begin at the southeast corner of Lot 1, said point
being also the point of beginning; thence, Northwest,
411.0 feet to the northeast corner of Lot 9; thence,
Southeast, 17.4 feet to the northwest corner of lot
10; thence, Southeast, 408.0 feet to the southwest
corner of lot 14; thence, Southwest, 16.0 feet to the
southeast corner of Lot 1 and to the point of
beginning.
is hereby vacated subject to the retention by the City of Cape
Girardeau of a utility easement, which is more particularly
described as follows:
A 16' wide utility easement in Grandview Subdivision
between Madison and Perryville Road, Outlot 74 in
U.S.P.S. No. 2199, Township 31 North, Range 14 East,
in the City and County of Cape Girardeau, State of
Missouri, more particularly described as follows:
Begin at the southeast corner of Lot 1, said point
being also the point of beginning; thence, Northwest,
411.0 feet to the northeast corner of Lot 9; thence,
Southeast, 17.4 feet to the northwest corner of lot
10; thence, Southeast, 408.0 feet to the southwest
corner of lot 14; thence, Southwest, 16.0 feet to the
southeast corner of Lot 1 and to the point of
beginning.
This retained utility easement will reserve to the City the
right to install, lay, erect, construct, maintain, operate,
repair and replace, by itself or by its agents, servants and
assigns or any licensee or holder of a franchise from the city,
any poles, wires, pipes, conduits, sewer pipes, sewer mains,
water mains, or any other facility or equipment for the
installation, maintenance or operation of any utility now
located or to be located in the future, in the alley or portion
thereof vacated by this ordinance. If the retention of said
utility easement 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.
2
PASSED AND APPROVED THIS f-_ DAY OF ,
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
Ja B. Kn dtson, Mayor
On this 5*4 day of p �yE,2 2006, 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 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.
4EREOF, I have hereunto set my hand and
seal, at my office in Cape Girardeau,
year first above written.
��. e' *9
LaDonna Laub, Notary Public
August 4, 2007
3
LADONNA LAUB
Notary Public -Notary Seal
State of Missouri
County of Scott
My Commisnan Expires Au& 4,2W