HomeMy WebLinkAboutOrd.722.07-10-1989BILL NO. 89-120
ORDINANCE NO. 76;`Z
AN ORDINANCE CREATING A SEWER DISTRICT AND
ESTABLISHING THE BOUNDARIES OF SEWER DISTRICT NO.
14-2, ESTABLISHED FOR THE CONSTRUCTION OF A
SYSTEM OF SANITARY TRUNK SEWERS TO BE USED IN THE
DISPOSAL OF SANITARY SEWAGE IN THE TERRITORY
DEFINED AS SEWER DISTRICT NO. 14-2, A SUBDIVISION
OF SEWER DISTRICT NO. 13 IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, PARTICULARLY DESCRIBED IN
COMMISSION FORM ORDINANCE NO. 1942, OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, PASSED AND APPROVED
ON THE 25TH DAY OF AUGUST, 1958, AND CITY MANAGER
FORM ORDINANCE NO. 182, PASSED AND APPROVED ON
THE 18TH DAY OF OCTOBER, 1967
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
WHEREAS, the said Council having been heretofore duly
authorized by the vote of the people of the City at an election
held for that purpose, passed and approved Commission Form
Ordinance No. 1942, on the 25th day of August, 1958, by the terms
of which Ordinance the territory embraced within the City of Cape
Girardeau, Missouri, was subdivided into thirteen sewer districts,
namely Sewer Districts 1, 2, 3, 4, 5, 6, 7, 8, 91 10, 11, 12 and
13, inclusive, and Sewer Districts No. 14 and 15, as described in
City Manager Form Ordinance No. 182, passed and approved on the
18th day of October, 1967; and
WHEREAS, the Council pursuant to Sections 88.832 et seq., RSMo
1986, deems and declares it necessary that a sewer district, to be
comprised of parts of existing Trunk Sewer District No. 13 and to
be known as Trunk Sewer District No. 14-2, be created and that a
system of sanitary trunk sewers be constructed in Trunk Sewer
District No. 14-2, a subdivision of Trunk Sewer District No. 13,
without delay, in order that the sanitary conditions existing in
said territory may be improved; and
SECTION 1. The City Council of Cape Girardeau hereby deems,
finds and declares that it is necessary to create and does hereby
create Trunk Sewer District No. 14-2, a subdivision of Trunk Sewer
District 13.
SECTION 2. The Council hereby deems and declares that a
public necessity exists for the construction and maintenance of a
system of sanitary trunk sewers in Trunk Sewer District No. 14-2,
a subdivision of Sewer District No. 13 and it hereby further
declares that all the land embraced within the territory lying
within said Trunk Sewer District No. 14-2, will be benefitted by
the construction of such sewers as hereinafter provided for in
Trunk Sewer District No. 14-2; and the Council further finds that
the boundaries of said Trunk Sewer District No. 14-2 shall be as
follows:
Begin at the intersection with the East right-of-way line of
Interstate Route 1-55 and the South right-of-way line of Missouri
State Route K for a point of beginning; thence South 11° 05' East,
696.7 feet; thence South 201 07' East, 3058.8 feet along the I-55
right-of-way to a point of intersection with said East
right-of-way line of Interstate Route I-55 and the North
right-of-way line of Bloomfield Road; thence North 750 13' 13
East, 273.14 feet along said Bloomfield Road right-of-way; thence
North 651 42' East, 96.40 feet; thence North 700 32' 59" East,
169.84 feet to a point of intersection with said North
right-of-way line of Bloomfield Road and the West right-of-way
line of Mt. Auburn Road; thence North 700 32' 59" East, 70.0 feet;
thence North 180 27' West, 300.00 feet along the East right-of-way
line of Mt. Auburn Road; thence in the Northeast direction to a
point on the East line of Outlot No. 85, 680.0 feet North of the
North line of Bloomfield- Road, measured along the East line of
said Outlot No. 85; thence Southeasterly to the intersection of
the centerline of Bloomfield Road and the centerline of Silver
Springs road extended; thence West along the centerline of
Bloomfield Road to a point which is 100.00 feet West of the West
line of Silver Springs Road measured normal thereto; thence
Southeasterly parallel to and 100.00 feet West of the West line of
Silver Springs Road to a point on a line, which line is drawn
perpendicular to the West line of Silver Springs Road from a point
on the West line of Silver Springs Road, which point bears south
150 East, 381.8 feet from the Northeast corner of a parcel of land
as same is described in a deed recorded in Book 63 at Page 467 of
the land records of Cape Girardeau County, Missouri; thence East
perpendicular to the West line of Silver Springs Road to the
centerline of Silver Springs Road; thence Southeasterly along the
centerline of Silver Springs Road to the intersection with the
extension of the South line of a 50 foot roadway easement as same
is described in a deed to William Beggs and recorded in Book 206
at Page 109 in the land records of Cape Girardeau County,
Missouri; thence south 890 East, 470 feet; thence South 840 East,
1051.8 feet, to the East line of U.S.P. Survey No. 174; thence
South 61 29' West, 401.12 feet, along said East line to the
Southwest corner of Lot 9, Greater Cape Girardeau Commercial
Center Subdivision; thence South 870 37' East, 1092.07 feet to the
West right-of-way line of Highway Route 61; thence South 20 30'
West, with said West line, 221.0 feet; thence Easterly to the
Southwest corner of a parcel of land as same is described in a
deed to Missouri Electric Works and recorded in Book 140 at Page
272 in the land records of Cape Girardeau County, Missouri; thence
continue Easterly along the South line of said parcel to the
Southeast corner; thence North 50 57' East with the East line of
said lot to a point on the South right-of-way line of Rusmar
Street; thence South 890 06' East, 2.21 feet to a point on a curve
concave to the South, said curve having a radius of 575.00 feet;
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thence Easterly along said curve 50.68 feet through a central
angle of 50 03' to a point of tangency; thence South 840 03' East,
547.12 feet; thence North 661 16' 54" East, 533.96 feet; North 630
53' 09" East, 1795.67 feet to the centerline of existing Minnesota
Avenue; thence South 71 12' 09" West and parallel with the West
line of Outlot No. 53 to the centerline of Cape LaCroix Creek;
Thence Easterly and Southerly along the centerline of Cape LaCroix
Creek to the intersection with the South right-of-way line of
Missouri Highway No. 74 for a point; thence Northeasterly, 75.0
feet along said right-of-way line to the Northwest corner of a
parcel of land as same is described in a deed recorded in Book 272
at Page 289 of the land records of Cape Girardeau County,
Missouri; thence South 71 45' West, 314.4 feet to the Southwest
corner of said parcel of land; thence South 800 30' East, 709.5
feet to a stone corner on the line of Outlots 62 and 63; thence
South 80 West, 1472.46 feet to the Southeast corner of Outlot 62;
thence North 820 15' West, 929.94 feet to the Southeast corner of
630 Industrial Park; thence South 66° 38' 05" West, 5854.08 feet
to the Southwest corner of a parcel of land as same is described
in a deed recorded in Book 376 at Page 852 of the land records of
Cape Girardeau County, Missouri; thence Southwesterly to the
Northeast corner of a tract of land as same is described in a deed
recorded in Book 484 at Page 972 in the land records of Cape
Girardeau County, Missouri; thence South 210 27' West, 87.80 feet;
thence South 670 37' West, 187.64 feet; thence along the North
line of Silver Springs Road North 840 02' West, 47.9 feet to a
point of curvature; thence Northwesterly along the arc of a curve
to the right having a radius of 115.0 feet and a central angle of
511 19' 55" a distance of. 103.03 feet to a point of tangency;
thence North 321 42' West, 117.4 feet; thence south 57° 18' West,
35.0 feet to the centerline of Silver Springs Road; thence along
the centerline of Silver Springs Road North 321 42' West, 113.4
feet; thence North 34° 28' 10" West, 838.68 feet to a point of
curvature concave to the Northeast having a radius of 495.27 feet
and a central angel of 200 27' 33" a distance of 176.85 feet to a
point of tangency; thence North 140 00' 37" West, 313.09 feet to a
point of curvature concave to the Northeast having a radius of
552.26 feet and a central angle of 181 08' 58" a distance of
174.94 feet to a point of tangency; thence Northwesterly to the
point of intersection of the South line of U.S.P.S. No. 174 and
the West right-of-way line of Interstate Highway Number 55; thence
along said right-of-way line, North 120 23' 35" West, 830.69 feet
to a point of curvature; thence Northwesterly along the arc of a
curve to the left having a radius of 5604.65 feet and a central
angle of 051 06' 25' a distance of 499.56 feet to a point of
tangent; thence North 21° 45' West a distance of 1058.30 feet;
North 380 39' 08" West a distance of 189.17 feet; North 210 45'
West a distance of 2250.0 feet; North 270 27' 38" West a distance
of 100.50 feet; North 210 45' West a distance of 234.10 feet to a
point of curvature; thence Northwesterly along the arc of a curve
to the left having a radius of 265.93 feet and a central angle of
990 59' 27" a distance of 464.09 feet to a point of compound
curvature; thence Southwesterly along the arc of a curve to the
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left having a radius of 5579.65 feet and a central angle of 010
46' 01" a distance of 172.07 feet to a point of tangent; thence
South 560 29' West a distance of 21.20 feet; North 870 34' 45"
West a distance of 193.62 feet; thence south 590 45' 14" West a
distance of 350.57 feet; thence North 330 31' West a distance of
45.00 feet; thence South 550 53' 23" West a distance of 472.37
feet; North 271 10' 54" West, 2073.33 feet to a point on the South
line of U.S.P.S. No. 3090, thence North 390 50' 18" East, 659.60
feet; thence North 211 45' West, 1561.90 feet; thence North 500
30' West, 809.00 feet; thence North 050 54' East, 456.70 feet;
thence North 83° 03' West, 390.20 feet; thence North 05° 55' East,
522.00 feet to a point on the South right-of-way line of Missouri
state Route "K"; thence along said South right-of-way line the
following courses and distances: South 861 45' 23" East, 96.12
feet; South 82° 56' 32" East, 375.83 feet; South 30 14' 37" West,
115.00 feet; South 860 45' 23" East, 425.00 feet; North 810 01'
56" East, 274.20 feet; South 820 05' East, 304.00 feet to the West
right-of-way line of Interstate Route 1-55; thence Southeasterly
to the Northwest corner of a tract of land as same is described in
a deed recorded in Book 431 at Page 867 in the land records of
Cape Girardeau County, Missouri; said corner being also a point of
intersection of the East right-of-way line of Interstate Route
I-55 and the South right-of-way line of Missouri State Route K and
the point of beginning and there terminating.
SECTION 3. All or a portion of the cost of the district sewer
will be assessed against the property within Sewer District No.
14-2, as a special tax and a special tax bill shall be issued
against such property.
SECTION 4. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 5. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
SECTION 6. This ordinance shall be in full force and effect
ten days after its passage and approval.
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(�-PASSED AND APPROVED THIS DAY OF , 1989>.
ATTEST
Evelyn G LeGrand, City Clerk
F-YaneisE Rhodes, Mayor
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