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HomeMy WebLinkAboutCityMgrForm.853.11-21-1973CITY MANAGER FORM ORDINANCE NO. $03 AN ORDINANCE VACATING CERTAIN LAND IN SEWER DISTRICT NO. 12 -PP AND 14-L, WHICH WAS ACCEPTED IN CITY MANAGER FORM ORDINANCE NO. 702 FOR SEWER PURPOSES FROM ALPHONSE M. SCHONHOFF, RAYMOND C. SCHONHOFF, LEO B. SCHONHOFF, AND WALTER F. SCHONHOFF, AND FROM NEW BOARD ST. FRANCIS MEDICAL CENTER:, A NOF',T PROFIT CORPORATION; AND ACCEPTING NEW SEWER EASEMENTS IN .SEWER DISTRICT NO. 12 -PP AND I4 -L, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM CHARLES N. HARRIS, CONSTANCE W. HAR€RI.S, LaROY R. ROPED. AND LEONE L. ROPER,. AND ST. FRANCIS HOSPITAL, FOR SEWER PURPOSES.; WITH AUTHORITY FOR THE MAYOR TO EXECUTE WHEREAS, the City of Cape Girardeau, Missouri, accepted in City Manager Form Ordinance'No. 702,.a certain sewer easement from Alphonse M. Schonhoff, Raymond C. Schonhoff, Leo B. Schonhoff, and Walter F. Schonhoff, which was filed in the 'Re.co_rder°s Office of Cape Girardeau County, _Missouri, on August 4, 1972, .in Book 297 at Page 637; and accepted in City !Manager Form Ordinance No. 702, a certain sewer easement from New Board St. Francis Medical Center,. a non profit corporation, which was filed in the Recorder's Office of Cape Girardeau County, Missouri, on August 4, 1972, in Book 297 at Page 636; and, WHEREAS, Charles N. Harris, Constance W. Harris, LaRoy R. Roper and Leone L. Roper have purchased certain property from Alphonse M. Schonhoff, Raymond C. Schonhoff, Leo B. Schonhoff, and Walter F. Schonhoff since the said easement was conveyed to the City; and, WHEREAS, it has been determined by the City Engineer of the City of Cape Girardeau, Missouri, that the legal descriptions of these sewer easements need to be changed; and, WHEREAS, the above named have signed and ekecuted a new conveyance granting to the City the necessary seer easements for Sewer District No. 12 -PP and 14®L, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City of Cape Girardeau,, Missouri, hereby vacates all of that land granted: to the City of Cape Girardeau,. Missouri, by a sewer easement dated July 31, 19 72, .recorded in Book 29.7 at Page 637, executed by Alphonse M. Schonhoff, Raymond C. Schbnhoff,,Leb B. Schonhoff, and Walter F. Schonhoff, which was accepted by the City in City Manager Form Ordinance No. 702, and hereby vacates all of that land granted to the City of Cape Girardeau, Missouri, by a Sewer Easement dated July 28, .1972,' recorded in Book 297 at Page 636, executed by New Board St. Francis Medical Center,.a non profit corporation, which was accepted by the City in City Manager Form Ordinance No. 702.. SECTION 2.. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and empowered to execute and deliver a Release of the..described easement in Section 1 above,.to Charles N. Harris and Constance W. Harris and LaRov R.. Roper and Leone L. Roper, who purchased certain land from. Alphonse M. Schonhoff, Raymond C. Schonhoff, Leo B. Schonhoff, and Walter F. Schonhoff, who conveyed the land to the City of Cape'Girardeau, Missouri, or their successors or assigns, for all the land described in the above mentioned easement which is dated July 31, .19 72,. recorded in Book 29.7 at Page 637 and the Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and empowered to execute and deliver a Release of the described easement in Section 1 above, to St. Francis Hospital, or their successors or assigns, for all the land described in the. above mentioned easement which:is dated. July 28, 1972, recorded in Book 29 7.at Page 636. SECTION .3.. The :City of Cape Girardeau, Mssouri,zereby accepts a new .Sewer Easement dated November 8, 1973, executed by Charles N Barris, Constance W. Harris,'LaRoy R. Roper and Leone L. Roper, .and a new Sewer Easement dated November 15, 1973, executed by St. Francis Hospital, conveying to the City of Cape Girardeau,. Missouri, the following described real estate located in the City and County of Cape Girardeau, Missouri: Part of Cutlots No. 83 and 84, in U.S.P. Survey No. 2199, described as follows: A strip of land 10 feet wide, lying 5 f.eet.on either side of the following described line: Begin at a point on a line which'is parallel to and 5 feet west of the west line of Lot 1, Crites First Addition, said point being 450 feet north .of the north line CKE of Independence Street, measured perpendicular thereto; thence south.,.;parallel to the said west line of Lot 1, to a point .21.0 of the north line of Independence Street, measured perpendicular thereto; thence in a southwest direction with a deflection angle of 29° 43' to the righty 71.2.feet; thence in a southwest direction with a deflection angle of 6° 42' to the right; 324..1 feet; thence in a southwest direction with a deflection angle of 40 29' to the .right, 354.4 feet; thence .south, with 'a deflection angle of 44° 29' to the left, 161.2 feet, to an extreme north and east corner of the St. Francis Hospital tract; the continue south along the east line of said hospital tract a distance of 625.7 feet and there terminating, said last course of 625.7 feet to convey a strip of land 5 feet wide on the left (or east) side of said course only. Part of Outlot No. 84 in U.S.P. Survey No. 2199, described as follows A strip of land lying 5 feet.on each side of the following described linen' Start at the horthwest corner of Outlot No. 84; thence south .along the west line of Outlot No. 84,, 163 feet; thence South 84° 47' East, 35.01 feet to the northwest corner of the St. Francis Hospital tract; thence east along the north line of said tract, 1,258 feet to the extreme north and east corner of said tract for a point of beginning; thence south along the east line of said tract, 625.7 feet to a corner of said tract, along which course the land conveyed lies along the west side only; thence continue south with the'said east line extended, 150 feet; thence in a southwest direction with 'a deflection angle of 50° 26' tothe right, 335.0 feet to the. northeast line of the 10 acre parcel of land containing the new St. Francis Hospital. and it is ordered that said easements be recorded in the. Office of the. Recorder of Deeds of Cape Girardeau County` Missouri. SECiI.ON 4. This 'ordinance shall bean full force ,and effect ten days after its passage and approval. PASSED AND. APPROVED THIS ,/ $t DAY OF �-�% , .1973. MAYOR . -3-