HomeMy WebLinkAboutOrd.125.02-15-1984BILL NO. 84-9
boo K 418 ! F.c 0
ORDINANCE NO.
AN ORDINANCE VACATING PORTIONS OF VARIOUS
PUBLIC STREETS AND ALLEYS IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, IN THE VICINITY OF THE
SOUTHEAST MISSOURI STATE UNIVERSITY CAMPUS
AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH SOUTHEAST MISSOURI
STATE UNIVERSITY PERTAINING TO THESE VACATED
STREETS AND ALLEYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. The following described portions of public
streets and alleys:
1. That part of Out Lot No. 7 and that part of Out Lot No.
29, Township 31 North, Range 14 East, City and County
of Cape Girardeau, State of Missouri, being an area,
12.5 feet either side of and parallel.and adjacent to
the following described center line;
Start at the intersection of the West line of Pacific
Street and the North line of Normal Avenue; thence
North 810 00' West, 573.7 feet, with the North line of
said Normal Avenue, to the place of beginning; thence
South 90 00' West, 20.3 feet; thence South 511 59'
West, 184.13 feet, to a point on the South line of
Normal Avenue, and there terminating.
2. That part of Out Lot 29, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area 12.5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the East line of Henderson Street; thence
North 90 00' East, with -the East line of Henderson
Street, 470.1 feet, to the place of beginning; thence
North 820 14' West, 60.05 feet, to a point on the West
line of said Henderson Street, and there terminating.
3. That part of Out Lot No. 37, Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12.5 feet either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the East line of Henderson
Street and the South line of New Madrid Street; thence A'
�ouK 418 ac 341.
South 810 00' East, with the South line of New Madrid
Street, 141.4 feet, to the place of beginning; thence
North 210 22' East, 81.90 feet, to a point on the North
line of New Madrid Street and there terminating.
4. That part of Out Lot "A" in Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12.5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the Northwest Corner of Lot No. 2 of Block No.
4 of Matteson Terrace, being a subdivision within the
City of Cape Girardeau; thence South 90 00' West, with
the West line of said Lot No. 2, being also the East
side of a 15.0 foot wide alley, 13.1 feet, to the place
of beginning; thence North 810 00' West, 15.0 feet, to
a point on the West line of said alley, and there
terminating.
5. That part of Out Lot No.
14 East, City and County
Missouri, being an area,
parallel and adjacent to
line:
30, Township 31 North, Range
of Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the North line of Normal
Avenue and the West line of Pacific Street; thence
North 9° 00' East, with the West line of Pacific Street,
412.3 feet, to the place of beginning; thence South 830
38' East, 60.06 feet, to a point on the East line of
said Pacific Street, and there terminating.
6. That part of Out Lot No.
East, City and County of
Missouri, being an area,
parallel and adjacent to
line:
6, Township 31 North, Range 14
Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the East line of Pacific
Street and the North line of Watkins Street; thence
South 810 00' East, with the North line of Watkins
Street, 51.2 feet, to the place of beginning; .thence
South 9° 00' West, 50.0 feet, to a point on the South
line of Watkins.Street and there terminating.
7. That part of Out Lot No. 6, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12.5 feet, either side of and
parallel and adjacent to the -following described
center line:
Start at the intersection of the South line of Normal
Avenue and the East line of Pacific Street; thence
2.
500K 418 F, a'342
South 91 00' West, with the East line of Pacific Street,
154.0 feet, to the place of beginning; thence North 810
00' West, 60.0 feet, to a point on the East line of
said Pacific Street and there terminating.
be and the same are hereby vacated upon compliance with the
conditions set forth in this ordinance.
SECTION 2. All of each tract of the above vacated property
shall be subject to a perpetual easement or right-of-way in favor
of the City of Cape Girardeau, Missouri, or its assigns,/for the
construction, maintenance, repair, relocation and operation of
streets, sidewalks, sanitary sewers, storm sewers, telephone
poles, lines, and appurtenances, and gas, water, electrical, and
cable television lines, pipes, poles, and appurtenances or any
other public purpose and no permanent building or structure shall
be located within or upon said easements.
SECTION 3. Section 1 of this ordinance shall not become
effective until a deed for the easements mentioned in this or-
dinance is tendered to the City and said deed is approved as to
form and content by the City Attorney. The City Attorney is
authorized to cause said deed to be accepted for and on behalf of
the City by causing the deed to be recorded upon conditions in
Section 4 being satisfied.
SECTION 4. The City Manager, on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to enter into an agree-
ment with Southeast Missouri State University, a copy of which is
attached to this ordinance and made a. part hereof. Section 1 of
this ordinance shall not become effective.until this agreement is
entered into.
SECTION 5. This ordinance shall be in full force and effect
ten days after its passage and approval except that Section 1
shall not be effective until the conditions set forth in Sections
3 and 4 are.complied with.
PASSED AND APPROVED THIS 1 JY.�r DAY OF
198_+ . �—
Howard C. Tooke, Mayor
ATTEST:
Verna L. Landis, City Clerk
MA 41.8 rau 343
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this5, day of )rteAy't&A-PGl 198 , before me
appeared Howard .C. Tooke, ,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 affixed
my official seal, at my office in Cape Girardeau, Missouri, the
day and year first above written.
F-,
9 =G
Delores G. Needham, Notary Public
4.
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU ) 80UK41.18
On this day of , 198 , before me
appeared Gary A. Eide, .to me personally known, who, being by me
duly sworn, did say that he is the City Manager 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 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, 1984
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared , to me personally
known, who, being by me duly sworn, did say that he is the
of Southeast Missouri State
University, and that the seal affixed to the foregoing instrument
is the official seal of said Southeast Missouri State University,
and that the said instrument was signed and sealed in behalf of
said University by authority of its
and acknowledged said instrument to be the free
act and deed of said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year first above written.
My Commission Expires: [Typed Name of Notary Public]
5.
BOOK
STATE OF MISSOURI i In the Recorder's Office
County of C4peGirard0au1,,, SS.
I, JAN:ET--Jk6.B0t1
Recorder of Said County, do hereby certify that the within instrument of
W
writifi 28
as, t
o'clock and minutes A. M.,
on the
6t1 '.day` W .
y t.,tch A. D., 19 84 duly filed for record in
my office;. and is - recorded; 4- the records of this office, in book 418340
at page
IN WITNE'HEREOF, I have hereunto set my hand and affixed my o ial seal at
� --Wan
jackson,,-Mo., the date first above written.
By Deputy Recorder
6Y -J—ANE T ROBERT
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BOOK 418 p 19'
ACRFFMFNT
This Agreement, made and entered into this� day of
re , rI , 1984,. by and between the City of Cape
Girardeau, Missouri, a Municipal.Corporation, hereinafter re-
ferred to as "City", and Southeast Missouri State University,
State of Missouri, hereinafter referred.to as "University."
WITNESSETH:
WHEREAS, the University desires to acquire an ownership
interest in certain strips of land across certain public streets
and alleys and has requested the City to vacate these strips of
land; and
WHEREAS, the City has reviewed and is willing to grant the
University's request provided the interests of the City and
traveling public are protected;
NOW, THEREFORE, it is agreed between the parties hereto as
follows:
1. The City agrees to vacate the following described
portions of public streets and alleys:
1. That part of Out Lot.No. 7 and that part of Out Lot No.
29, Township 31 North, Range 14 East, City and County
of Cape Girardeau, State of Missouri, being an area,
12.5 feet either side of and parallel and adjacent to
the following described center line:
Start at the intersection of the West line of Pacific
Street and the North line of Normal Avenue; thence
North 810 00' West, 573.7 feet, with the North line of
said Normal Avenue, to the place of beginning; thence
South 90 00' West, 20.3 feet; thence South 510 59'
West, 184.13 feet, to a point on the South line of
Normal Avenue, and there terminating.
2. That part of Out Lot 29, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area 12..5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of .the North line of Normal
Avenue and the East line of Henderson Street; thence
North 90 00' East, with the East line of Henderson
Street, 470.1 feet, to the place of beginning; thence
BOOK 4, 8 �hC� 198
North 820 14' West, 60.05 feet, to a point on.the West
line of said Henderson Street, and there terminating.
3. That part of Out Lot No. 37, Township 31.Nor.th, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12.5 feet either side of and
parallel and adjacent .to the following described center
line:
Start at the intersection of the East line of Henderson
Street and the South line of New Madrid Street; thence
South 810 00' East, with the South line of New Madrid
Street, 141.4 .feet, to the place of beginning; thence
North 210 22' East, 81.90 feet, to a point on the North
line of New Madrid Street and there terminating.
4. That part of Out Lot "A" in Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12.5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the Northwest Corner of Lot No. 2 of Block.No.
4. of Matteson Terrace, being a subdivision within the
City of Cape Girardeau; thence South 90 00' West, with
the West line of said Lot No. 2, being also the East
side of a 15.0 .foot wide alley, 13.1 feet, to the place
of beginning; thence North 810 00' West, 15.0 feet, to
a point on the West line of said alley, and there
terminating.
5. That part of Out Lot No.
14 East, City and County
Missouri, being an area,
parallel and adj,acent.to
line:
30, Township 31 North, Range
of Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the North line of Normal
Avenue and the West line of Pacific Street; thence
North 90 00' East, with .the West line of Pacific Street,
412.3 feet, to the place of beginning; thence South 830
38' East, 60.06 feet, to a point on the East line of
said Pacific Street, and there terminating.
6. That part of Out Lot No.
East, City and County of
Missouri, being an area,
parallel and adjacent to
line:
6, Township 31.North, Range 14
Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the East line of Pacific
Street and the North line of Watkins Street; thence
2.
801A 418 P=!,,- e4
and liabilities arising out of personal injuries, including
death, and damages to property alleged to have arisen out of or
to have related to the use or maintenance of the vacated portions
of the above described public streets and alleys.
CITY OF CAPE GIRARDEAU, MISSOURI
Ga y A. Eide, City Manager
ATTEST:
Verna L. Landis, City Clerk
SOUTHEAST MISSOURI STATE UNIVERSITY
Bill W. Stacy, President
ATTEST: [Typed Name and Title of Signer]
Secretary, Board.. of_ Regents
[Typed Name and Title of Signer]
M
418
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
1-7 1A,
On this 4 / – day of L2ALA'&N 198_4, before me
appeared Gary A. Eide,to me personalff_known, who, being by me
duly sworn, did say that he is the City Manager 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
andlacknow,ledg-ed said instrument.to be the free act and deed of
said C t
IS7-
On this /— day. of 198_ , before me
appeared 23j4 -z- 4d. to me personally
known, who being by me duly sworn,,did say that he is the
of Southeast Missouri State
University, and that the seal affixed to the.foregoing instrument
is the official seal of said Southeast Missouri State University,
andthatthe said instrument was signed and sealedn behalf of
said University by authority of its
and acknowledged said instrument to be the free
act and deed -:*.of said University.
IN TES '17 WHEREOF, I have.hereunto set my hand and affixed
my the day and year first above written.
Jackie S. Fitch
[Typed Name of Notary Public]
5.
800K 41
1, JANET ROBERT, Recorder of Said County; do hereby certify that the within instrument of
o'clock and minutes writing. was,,. at iM., on the
13th ..',day of" -March,- N. D., 19 84 duly filed for record in
my'dff ce, and is recorded in the records of this office, in book 418 at page 195
IN WITNESS WHERE 0,1`1 have hereunto set my hand and affixed mvof ficial seal at
Jackson, Mo., the date first above written.
hjtd A,
By Deputy Recorder
_jANE7T1ROhEJRT
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noK 418 %A9
KNOW ALL MEN BY THESE PRESENTS: Southeast Missouri State
University in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, does hereby grant, bargain,
sell and convey to the City of Cape Girardeau, Missouri, a
Municipal Corporation, the right, privilege, permission and
authority to enter on and upon, for the purposes hereinafter
stated, the following described tracts of land located in the
City and County of Cape Girardeau, Missouri:
1. That part of Out Lot No. 7 and that part of Out Lot No.
29, Township 31 North, Range 14 East, City and County
of Cape Girardeau, State of Missouri, being an area,
12.5 feet either side of and parallel and adjacent to
the following described center line:
Start at the intersection of the West line of Pacific
Street and the North line of Normal Avenue; thence
North 81° 00' West, 573.7 feet, with the North line of
said Normal Avenue, to the place of beginning; thence
South 90 00' West, 20.3 feet; thence South 510 59'
West, 184.13 feet, to a point on the South line of
Normal Avenue, and there terminating.
2. That part of Out Lot 29, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area 12.5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the East line of Henderson Street; thence
North 90 00' East, with the East line of Henderson
Street, 470.1 feet, to the place of beginning; thence
North 820 14' West, 60.05 feet, to a point on the West
line of said Henderson Street, and there terminating.
3. That part of Out Lot No.
14 East, City and County
Missouri, being an area,
parallel and adjacent to
line:
37, Township 31 North, Range
of Cape Girardeau, State of
12.5 feet either side of and
the following described center
Start at the intersection of the East line of Henderson
Street and the South line of New Madrid Street; thence
South 81° 00' East, with the South line of New Madrid
Street, 141.4 feet, to the place of beginning; thence
North 210 22' East, 81.90 feet, to a point on the North
line of New Madrid Street and there terminating.
4. That part of Out Lot "A" in Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12.5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the Northwest Corner of Lot No. 2 of Block No.
4 of Matteson Terrace, being a subdivision within the
City of Cape Girardeau; thence South 90 00' West, with
the West line of said Lot No. 2, being also the East
side of a 15.0 foot wide alley, 13.1 feet, to the place
booK 41 r,Av 193
of beginning; thence North 811 00' West, 15.0 feet, to
a point on the West line of said alley, and there
terminating.
5. That part of Out Lot No.
14 East, City and County
Missouri, being an area,
parallel and adjacent to
line:
30, Township 31 North, Range
of Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the North line of Normal
Avenue and the West line of Pacific Street; thence
North 90 00' East, with the West line of Pacific
Street, 412.3 feet, to the place of beginning; thence
South 830 38' East, 60.06 feet, to a point on the East
line of said Pacific Street, and there terminating.
6. That part of Out Lot No.
East, City and County of
Missouri, being an area,
parallel and adjacent to
line:
6, Township 31 North, Range 14
Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the East line of Pacific
Street and the North line of Watkins Street; thence
South 81° 00' East, with the North line of Watkins
Street, 51.2 feet, to the place of beginning; thence
South 9° 00' West, 50.0 feet, to a point on the South
line of Watkins Street and there terminating.
7. That part of Out Lot No.
East, City and County of
Missouri, being an area,
parallel and adjacent to
line:
6, Township 31 North, Range 14
Cape Girardeau, State of
12.5 feet, either side of and
the following described center
Start at the intersection of the South line of Normal
Avenue and the East line of Pacific Street; thence
South 9° 00' West, with the East line of Pacific
Street, 154.0 feet, to the place of beginning; thence
North 810 00' West, 60.0 feet, to a point on the East
line of said Pacific Street and there terminating.
The right, privilege, permission and authority to enter on
and upon the above described lands is irrevocable and is granted
for the purpose of enabling the City, its agents, servants and
assigns to construct, maintain, repair, relocate and operate
streets, sidewalks, sanitary sewers, storm sewers, telephone
poles, lines, and appurtenances, and gas, water, electrical, and
cable television lines, pipes, poles and appurtenances or for any
other public purpose.
No building or structure shall be located within or upon the
above -destxibed_` -rand.
r�
T3�s Basement shall run with the land and inure to and be
kxYxiciz„pori ,tie successors in title of the respective parties.
WHEREOF, the undersigned
day of March
has executed this easement
1984.
SOUTHEAST MIS
abd` �
f/j}J
i }
.. Y
and Title of Signer]
STATE UNIVERSITY
1 elf % eyv r v c
Bill W. Stacv. Preside
yped Name and Title
2.
4
STATE OF MISSOURI ) 800K 418 PA,E 194
ss.
COUNTY OF CAPE GIRARDEAU )
On this c�40 day of 198 � before me
appeared {t Q> C/), 7 -ACC l , to me personally
known,wh�j being by me duly sworn, did say that he is the
/D EA10 of Southeast Missouri State
University, and that the seal affixed to the foregoing instrument
is the official seal of said Southeast Missouri State University,
and that the said instrument was signed and sealed in behalf of
said University by authority of its Board of Regents
and acknowledged said instrument
to be the free act and deed of said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my,>>of£ac'a. seal, the day and year first above written.
STATE OF NIISSOUT - SS In the Recorder's Office
County of Cape Girardeii,
r s
I, JANET ROSEki`7 ZeEoxder of Said County, do hereby certify that the within instrument of
writing wa`s; at 8 "o'clock .and 16 minutes Aw M., on the
130 day of March A. D., 19 84 duly Bled for record in
my office, and is recorded in the records of this office, in book 418 at page 192
4N', SS WEIEREOF,' I have hereunto set my hand and affixed my o ficial seal at
Jackson, Mo., the date first above written.
By w DeputyRecorder
JANET OBERT
3.
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