HomeMy WebLinkAboutCommForm.1457.04-20-1953CO1j9V9_SSION FORM ORDINANCE NO. 14-7
AN ORDINANCE REPEALING COYIMISSION FORM ORDINANCE
NO® 1281, PASSED AND APPROVED JANUARY 27,.1951,
RE-ESTABLISHING THILENIUS STREET FROM CARUTHERS
AVENUE TO CORDELIA AVENUE; ACCEPTING A DEED FROM
THE BOARD OF EDUCATION OF CAPE GIRARDEAU.SCHEOOL
DISTRICT NO. 63 FOR THE RIGHT-OF-WAY.FOR SUCH .-
RE-ESTABLISHED THILENIUS STREET; AUTHORIZING THE
CONVEYANCE TO.SAID .BOARD OF EDUCATION. OF.A STRIP
L
OF LAND 60 FEET WIDE IN,BLOCK-1 OF OAK PARK SUB-
DIVISION RUNNING NORTHEASTERLY FROM A. POINT ON.
THE CENTER LINE OF CORDEL T
J_A AVENUE 515.1 FEET
SOUTH OF THE SOUTH LINE OF BROADWAY TO A POINT
WHICH IS 105 FEET -SOUTH OF THE SOUTH.LINE OF .
BROADWAY AND 41+ FEET WEST OF. CARUTHERS AVENUE;
AND REPEALING ALL ORDINANCES OR PARTS.OF-ORDI-
NANCES IN CONFLICT HEREWITH.
WHEREAS, the City of Cape Girardeau, Missouri and the Board
of Education of School District No. 63 of the City of Cape Girar-
deau, Missouri entered into a written agreement dated March 17,
1950 which provided, among other things, that:
a) That the Board of Education would execute a Quit
Claim Deed to said city covering a strip of land 60 feet wide
through Block 1 of Oak Park Sub -division of said city, lying 30
feet on each side of the following described center line: Begin
at a point on the center line of Cordelia Avenue, 515®1 feet south
of the south line of Broadway, measured along the center line of
Cordelia Avenue; thence in a northeast direction to a point, said
-point being 105 feet south of the south line of Broadway measured
on a line which is 44 feet west of and parallel to the west line of
Caruthers Avenue, and there terminating, such land to be used for
connecting street from Caruthers Avenue to Cordelia Avenue and
Thilenius Street; and
b) That the City of Cape- Girardeau would vacate that
portion of Thilenius Street from a line drawn parallel to and 44
feet west of the west line of Caruthers Avenue west to a line
drawn parallel to and 30 feet east of the center line of Cordelia
Avenue, in the City of Cape Girardeau, Missouri; and
WHEREAS, in accordance with such agreement the Board of Education
did., on April 24, 1950, convey to said city by Quit Claim Deed the
aforementioned strip of land 60 feet wide running from Cordelia
Avenue to Caruthers Avenue, in addition to other land therein con-
veyed, such deed being recorded in Book 136 at Page 491 in the
office of the Recorder of Deeds of Gape Girardeau County, Missouri
on May 5, 1950; and
WHEREAS, in accordance with such agreement the City Council
of the City of Cape Girardeau, Missouri did, on the 27th day of
January, 1951, pass, approve and enact Commission Ordinance No.
1281 whereby said city vacated that portion of Thilenius Street
mentioned hereinabove; and
WHEREAS., the Traffic Advisory Committee of the City of Cape
Girardeau and the Traffic Consultant of said city, have investi-
gated and considered the proposed connecting street from Cjordelia
Avenue to -Caruthers Avenue along the aforesaid strip of land 60
feet wide and they have arrived at, the conclusion that such pro-
posed street create serious traffic and safety problems and
hazards, particularly in view of the large number of school
children who would be using the particular street, and they have
recommended that such proposed connecting street not be opened
but rather that Thilenius Street, as it.existed prior to its
vacating by Commission Form Ordinance No. 1281, be re -opened and
improved, all of which recommendations have been concurred in by
the Board of Education of said city* -and
WHEREAS., Ij City l of the City of Cape Girardeau,
the Council _L
Missouri has concurred in and accepted and approved said recommenda-
tions and is willing to abandon the said proposed connecting street
and re -open and re-establish Thilenius Street as it existed prior
to its vacating by said Commission Form Ordinance No. 1281; and
WHEREAS., the Board of Education has ex -pressed its desire and
willingness to restore, re -open and re-establish the said Thilemius
Street as it existed prior to its being vacated by said Ordinance
No. 12810 + d said Board of Education is ready and #willing to
convey by 'Quit Claim Deed to the City of Cape Girardeau, Missouri
whatever right,, title and interest School District No. 63 has
or might have acquired in and to the right-of-way of the said
Thilenius Street under and by virtue of said street being
vacated by said Commission Ordinance No. 1281, to be used for
street purposes; and
WHEREAS, the City Council, in consideration of the above and
the execution by said Board of Education of the said Quit Claim
Deed covering the right-of-way for the re -opening and re-estab-
lishment of Thilenius Street, is willing to convey back to said
School District by Quit Claim Deed the aforesaid strip of land
60 feet wide running from Cordelia Avenue to Caruthers Avenue
which the city acquired by Quit Claim Deed from said school
district on April 24, 1950.
NOW., THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE GIRARDEAU., MISSOURI AS FOLLOWS:
SECTION 1® Commission Form Ordinance No. 1281, passed and
approved on January 27, 1915119 is hereby repealed in all things.
SECTION 2. That the Mayor be and'he is hereby authorized
and directed to execute and deliver to Cape Girardeau School
District No. 63 a Quit Claim Deed conveying to said School District
all of the right, title and interest of the City of Cape Girardeau,
Missouri in and to the following described real estate located in
the City and County of Cape Girardeau, State of VI-issouri, to -wit:
Part of Blocks 1, 5, 10, 11, 12, 13 and 14 of Oak
Park, described as follows: A strip of land 60 feet
wide through Block 1, lying 30 feet on each side of the
following described center line: -Begin at a point on
the center line of Cordelia Avenue, 515-1 feet south
of the south line of Broadway m; measured along the
center line of Cordelia Avenue; thence ina northeast
direction to a point, said point being 105 feet south
of the south line of Broadway measured on a line which
is 44 feet west of and parallel to the west line of
Caruthers Avenue, and there terminating. Being the
same land conveyed for use -for a connecting street
from Caruthers Avenue to Cordelia Avenue and Thilenius
Street by Quit Claim Deed from the Board of Education
of the City of Cape Girardeau, Missouri to the City of
Cape Girardeau,, Missouri dated April 24, 1950.
SECTION 3. That a Quit Claim Deed, dated April 20, 1953,
from Cape Girardeau School District No. 63 to the City of Cape
Girardeau, Missouri, a municipal corporation, conveying the
following described land:
Any and all right, title and interest it has or
might have acquired in and to the land formerly used
as right-of-way for that portion of Thilenius Street
from a line drawn parallel to and 44 feet west of the
west line of Caruthers Avenue, as said Caruthers
Avenue is shown on the plat of Oak Park, west to a
line drawn parallel to and 30 feet east of the center
line of Cordelia Avenue, in the City of Cape Girardeau,
State of Missouri,
be and the same is hereby accepted by the City of Cape Girardeau,
Missouri for use for street purposes.
SECTION 4. Thilenius Street, as it was laid out and existed
prior to its being vacated by Commission Form Ordinance No. 1281,
is hereby re-established as a public street and thoroughfare and
that portion of Thilenius Street particularly described in the
preceding section of this ordinance is hereby open and established
for street purposes.
SECTION 5. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 6. This ordinance shall take effect and be in full
force from and after its passage.
Passed and approved this 20th day of April, 1953•
ATTEST:
CITY CLERK
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MAYO