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HomeMy WebLinkAboutOrd.733.08-07-1989BILL NO. 89-134 ORDINANCE NO. AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER EASEMENT IN LOT 1 OF WESTBOROUGH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request that the City vacate a sewer easement in Lot 1 of Westborough Subdivision and more particularly described in Section 1 hereof; and WHEREAS, the City Council has determined that the sewer easement 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 easement be vacated; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City's interest in the sewer easement on the following described real estate: Part of Lot 1 of Westborough Subdivision which is a part of Lot 1 of the Rodney 400 Arpen Tract in U.S.P.S. 2199, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Begin at the intersection of the North right-of-way line of Bloomfield Road and the East line of Kluesner's First Subdivision as shown on Cape Centre Associates Street and Easement Dedication Plat- as recorded in Plat Book 15, Page 93, of the land records of Cape Girardeau County, said point also being the Southwest corner of a tract of land conveyed to Central Hardware Corporation and recorded at Book 480, Page 150; thence Easterly along said right-of-way with a curve having a radius of 402.58 feet and a central angle of 10° 18' 26" a distance of 72.42 feet; thence continuing along said right-of-way North 501 59' 47" East, 74.01 feet; thence leaving said right-of-way North 290 08' 06" West, 285.99 feet to the point of beginning of the centerline of a 10 foot wide tract; thence continue North 291 08' 06" West, 244.4 feet and there terminating. is hereby vacated. SECTION 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 1989. rands E. Rhodes, Mayor ATT ST: a E e y G. LeGran , City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of �, 198 , before me appeared Francis E. Rhodes, to me persona ly 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 my official seal, at my office day and year first above written. My Commission Expires: October 8, 1992 hereunto set my hand and affixed in Cape Girardeau, Missouri, the De ores G.'Needham, Notary Pu lic CITY OF CAPE GIRARDEAU, MISSOURI NOTICE OF HEARING Notice is hereby given that the City Council of the City of Cape Girardeau, Missouri, at a public hearing to be held Monday, July 24, 1989, at 7:30 P.M., City Council Chambers, City Hall, 401 Independence, Cape Girardeau, Missouri, will consider vacating the City's interest in: 1. A sewer easement in Lot -1 of Westborough Subdivision in the City of Cape Girardeau, Missouri. All interested parties shall be afforded the opportunity at the hearing to speak in favor of or in opposition to the proposed vacation. Evelyn G. LeGrand City Clerk of the City of Cape Girardeau, Missouri Publish by July 14, 1989. a0 6 *VI BOOK 534 PAGF 713 BILL N0. 89-134 ORDINANCE N0. �zo - AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER EASEMENT IN LOT 1 OF WESTBOROUGH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request that the City vacate a sewer easement in Lot 1 of Westborough Subdivision and more particularly described in Section 1 hereof; and . WHEREAS, the City Council has determined that the sewer easement in question is not necessary or needed for any ,)f the purposes for which it was dedicated and established; and WHEREAS, it is in the public interest that the easement be vacated; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City's interest in the sewer easement on the following described real estate: Part of Lot 1 of Westborough Subdivision which is a part of Lot 1 of the Rodney 400 Arpen Tract in U.S.P.S. 2199, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Begin at the intersection of the North right-of-way line of Bloomfield Road and the East line of Kluesner's First Subdivision as shown on Cape Centre Associates Street and Easement Dedication Plat as recorded in Plat Book 15, Page 93, of the land records of Cape Girardeau County, said point also being the Southwest corner of a tract of land conveyed to Central Hardware Corporation and recorded at Book 480, Page 150; thence Easterly along said right-of-way with a curve having a radius of 402..58 feet and a central angle of 10° 18' 26" a distance of 72.42 feet; thence continuing along said right-of-way North 500 59' 47" East, 74.01 feet; thence leaving said right-of-way North 290 08' 06" West, 285.99 feet to the point of beginning of the centerline of a 10 foot wide tract; thence continue North 291 08' 06" West, 244.4 feet and there terminating. is hereby vacated. SECTION 2. This ordinance shall be in full force and effect ten days after its passage and approval. BOOK 504 PAGE 714 PASSED AND APP-ROV D,—THISDAY OF r 1989. raneis. Rhodes, Mayor ATTEST: E e ynLbGr n • , C1.ty C1 e.r STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this f day of , 198, before me appeared Francis E. Rhodes, to me persona ly kno n, 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 my official seal, at my office day and` -year first above written. My:Commission Ex,p.ires October. S', 199z Filed fr�r Recc t 1 10-1 G 121 1989 Janet Robert, Recorder Cape Girardeau County Jackson, Mo. 4 9, D-o'2l9. PHOTOMAPHi D hereunto set my hand and affixed in Cape Girardeau, Missouri, the Delores G. Nee am, Notary Public STATE OF MISSOURI County of. Cap6` Girardeau, ss I., hereby;:- certify *that this instrument was' FILED: FOR RECORD at the date and time"' h wn hereon--iand is recorded in Book.%VV. .....:Page:;. /j........ JANET ROBERT Recorder of Deeds By. .A ............. Deputy