HomeMy WebLinkAboutCommForm.1315.05-14-1951 � ti
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CO��SSION FOR�I O.�.DINANCE N0. 1 �/ 5
AN ONDINANCE PFtiOVIDING FOR THE FSTABLISHING, �PENING ,AND EX`�ENDING
OF �VILL1A�i S'1'R�ET FRON1 THE uVEST LINE OF LOUISIi�NA AVENUE TO THE
�.ST LINE Or �vZNNESOTK AVraNUr; IN 1HE CITY OF CkPE GIR,�;RDr.AU,�
lUf1SSUUFt1, SAbIE BE�NG 1i tt:C.GHT-O�-i�lAY 70 FEE'T Y�IDE AS SHUa'�N UN T�iE
PLA.T OF WEST Fsill PLACE S'r.�OND �DDIT�OId TO THE CITi Or' CKPE Gl�ir�-
D�U= iVIISSOURIa r':S THL� EICTENSION 0� WILLI,KN 5TREE'1' B�,"ruVEEiV BLOC;KS
NINE (9) AT�TD 7."�ir�NTY-FOUR (21�) AP�i BZOCi�S TEN(10) kTdD TuVEI�TTY-TF.R.EE
(23) IN S�,Ill .�.DlliTIUN, BY `1'AKING �ND CGNDEY�I�tING CERTAIN PARCELS
OF GROUND CI�AlA�ED TO BE Q4Y'TvID '�Y ALBERT KEh�E .ATdD 1�1'�MA KE�'�,
HUSI�:i.1D .i�l`;J JuIFr;; AL`r'i�.F� G. HIR�CH 1ziVD HiJBY HTRSCHs HUSBATvD kI�D
urIFE; �t'tTHU�;, �,COHh .11.i`�D �;IILD�tta:} i�HR, HUSI�iND �l�'� uVIF�; AIVD HEL�T
YVITHF..R.S, aLZ OF THE CITY 1��'D COUi�dTY OF CAPE �INARJF�(�U, ST�TE UF
NIISSQURT, 'INHUSE T,�iNDS ARE ADJi�.Cr;IdT TO SAID �XT:E"iVSION OF �VILLIAl�i
S`tREEl KS SHOuYlV ON THE ��ICIAL PT.Al OF JvEST END PLACE SECOND
ADDITION, ,�Nll TC� CAUSE D�:fwl�G�S TU BE ASSESSF;D TO SA1D YERSQNS OWI�1-
ING R�L ESTkTE IN SAID Akr,A S:�T FQFtTH AHO`ttE, IF TH�,RE BE kNY
DAu�AGE, �I�ID PROVI�E FOn THE P�.Y���VT QF SAID DA1�GF,S UUT 0�' THE
GENEr'ZAL R�"VENUE FUND OF' SA1D CITY.
WNERE�S, it appPz.rs a public necessity to open and extend William
Street from the West line of Louisiana Avenue to the East line of h�linnesota
Avenue in the City of Cape Girardeau, i��issouri, same being a right-of way
seventy (7U) feet wide and as shown on the t'lat of West End Place Second Addi-
tion to the City of Cape Giraxdeau, I�lissouri; �.d
titi�-I�t2ExS, Albert Kempe and Alma Yetnpe, husband and �it'e; Alfred G.
_u.irsch and Ruby Hirsch, husband and wii'e; Arthur Mohr and Ntildred i,��ohr, nusband
and wife; and Helen Withers, clai.m an interest in the right-of way and the
said Kempe and wife have erected irnprovezr�ents on the right-of-way; and
6u�FiERFAS, the City Council of the City of Cape Girardeau, i�i.ssouri, by
reason of the improvements placed on the ri;ht-of-way by the property owners
a:�ove named, did oifer to settle with the said property owners, but could not
agree on the arr�ount to be paid, although the City cienies and did deny that the
property owners have any interest whatever in said right-of-way.
:�?OW, �l'��E�,EFORE, BE IT 0=�',D�.IN:E�D B'�' THE CITY COUNCI_L OF T?-�:E CITY OF
CAPE GI.NI�'J`r�1�', ]�Il:S�OURT� x,� rOI�LU�r'VS:
Section l. The City !;ouncil of the City of Cape Girardeau, tv�assouri, hereby,
on its own mo-tion, establi.shes, opens and extends William Street from the
West 1_.ne of Louisiana Avenue to the East line of �2nnesota Avenue in the City
of Cape Girardeau, �'a.ssouri, the same being a right-of-way seventy (70) feet
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vvzde as sho�van on the I'lat of West E�d Place Second Addition to the City of Cape
Girardeau, L�.ssouri, as the extension of William Street between Blocks N�ne (9)
and Twenty-four (2�.) and Blocks Ten (10) and Twenty-three (23) in said Addi-
tion, because of public necessity.
Section 2. That said ti�Iilliam Street, when thus opened and extended, shall be
a Street oi uniform width of Seventy (70) feet, and since Albert Kempe and
Alma Kempe, husband and -r�ife; Alfred G. Hirsch and kuby Hirsch, husband and
wife; Arthur ��ohr and luTildred N'[ohr, husband and wife; and Helen i�ithers, claim
an interest in said right-of-way which is denied by the said City, the said
ri�ht-of-way shall be taken and condemned, and if ar�y of the abov� named have
any ir.terest, claim of' title in or to said right-of way, the sarne shall be
taken and conde�ned for publie use to be used for public traffic and for
street pu.rposes.
Section 3. (a) 'i'hat it is necessary ior the establishin�, opening and extending
of William Street as set out, to conder.�ui the following property which is claimed
to be awned by Albert Ke�pe and nlma I�er.�ipe, husband and wife, of the City and
County of Cape Girardeau, State of 1_�tisso�uri_, which propert,y is located in the
City and Count,y of Cape Girardeau, StaLe of ���issouri, and is described in words
and f igures as follows, to-wit:
Part of Outlot l�2, in U.S.P. Surve.y No. 21y9, being a part
of what is shown on the plat of West End Place �econd Addition as
the extension of William Street, lyin� adjacent to Blocks 10 and
23 and Blocks 9 and 21�, of said �P�est �d Place Second tiddition,
and described as follows:
Be�in at the intersection of the south line of �villiam
Street, extended, and tl:e west line of Louisiana ��venue; thence
V'�lest alon�; the South line of �Villiam Street, extended, and along
the North line of B1ock �3, 187.5 feet; thence I�orth pa.rallel to
the �r�est line of Louisiana xvenue, 35 t'eet; thence East parallel
to the South line of Wi.11iam Street, extended, and the Tlorth line
of Block 23, 1�7.5 feet to tr,e -4�1est linE; of Louisiana Avenue;
thence South alon� the said �'•fest line 35 f'eet to the point of
beginning.
(b) That it is necessarjT f or the establish�r_�, openin� and extendin~
of 1Nilliam Street as set out, to conder.nn the followinb property which is claimed
to be o�vned by Alfred G. Hirsch and Ruby Hirsch, husband and wife, of the City
and County of Cape Girardeau, State of' N�issouri, which property is located in
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the City and Gounty of Cape Girardeau, State of i�iissouri, and is described in
words and f igures as foJ.lows, to-wit:
Part of Outlot �.2, in U.S.P. Survey No. 2199, being a part of
what is shown on the Plat of 'uuest F,hd Place Second Addition as the
extension of Y�(illiam Street, lying adjacent to Blocks 10 and 23 and
Blocks 9 and 21�, of said 'Nest �nd Place Second Additi_on, and deN
scribed as fo7.lows:
Be�in at a point on the North 1_ine of Block 23, same being
the South l.ine of Williarn Street, 187.[ feet 1'r'est of the VYest line
of Louisiana rlvenue; thence Continue '�iUest alon�; the ���orth line oi
Block 23, and the South line of uVilliam Street, e�ended, 217.5
feet; thence P�orth parallel to the �idest line of Louisiana Avenue,
35 f'eet; th.ence East parallel to the North line of Block 23, and
the South line of William Street, extended, 217.5 feet; thence
Scuth parallel to the �tiest line of Louisiana Avenue, 35 feet to
the point of beginni_ng.
(c) That it is necessary f or the establishing�, opening and extending
of Vuilliam Street as set out, to conde�n. the following property which is claimed
to be otivned by Arthur ��:ohr and i'�4ildred i,�ohr, husband and wife, of the Cit� and
County of Cape Girardeau, State of �Lissouri, which property is located in the
City and County of Cape Girardeau, State of �.`issouri, and is described in words
and figures as follows, to-wit:
Part of Qutlot 42, in U.S.P. Survey No. 2199, being a part of
what is shown on the F]_at of 'Nest End Place Second �ddition as the
extension of ,;'�rzlliam Street, 7_y_int, ad,jacent to ?_7locks 10 and 23and
Blocks 9 and 21�, of said West End Place Second kddition, and de-
scribed as fclloVrs:
Begin at a point on the North line of klock 21�, same being
the South line of ti'Villiam Street, extended, 626 feet Yuest of the
West line of I,ouisiana �vernie; thence West alon� the South line of
William Street, extended, and the North line of Block 2l�, 18l� feet;
thence I�Torth parallel to the INest line of Louisiana kvenue, 35
f'eet; thence East parallel to the North line of Block 2l�, and the
South line of Williarn Street, extended, 18�. feet; thence South
parallel to the Y�est li.ne of Louisiana Avenue, 35 f eet to the po�nt
of beginning.
(d) That it is necessary f'or the establishing, openin�; and extending
of William Street as set out, to condemn the followin� property which is claimed
to be oj^med b�r Helen l�ithers, a sin�le ;oerson, of the City and County of Cape
Giraxdeau, State of i�;issouri, which property is locat ed in the City and County
oi' Cape "irardeau, State of :';�i_ssouri, �;nd is described in words aricl f'igures as
follows, to-wit:
Part of Outlot l�2, in U.S.P. Survey P1o. 2199, being a part of
what is khown on the Plat of ��est E�d Place Secon.d,Addition as the
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eatension of William Street, lying adjacent to Blocks 1Q and 23
and Blocks 9 and 21�., of said i�'est F;nd Place Second ,�ddition, and
described as follows:
Regin at the intersection of the Plorth line of �Nilliam
Street, extended, and the u'u"est line of Louisiana kvenue; thence
West along the North line of �Yilliam Street, extended, and the
South line of Block 10, 1�05 leet; thence South parallel to the
West line of Louisiana Avenue, 35 feet; thence East parall�l to
the Soutn line of Block 10, and the North line of William Street,
extended, �.05 feet to the West line of Louisiana �,venue; thence
North along the said West line 35 feet to the point of be��nnin�.
Section }�. That pursuant to Section 88.073, Ivtissouri Revised Statutes 19�9,
the City does hereb,y declare that any damages shall be paid for out of funds
available in the ^eneral Revenue out of the City Treasury, without any assess-
ments for benef9_ts, and that any damages awarded shall be paid for at the time
awarded.
Section S.The City Council hereby directs the City kttorney to prepare his
application and petition on the part of the City of Cape Girardeau, rt�issouri,
and present the sarne to the Cape Girardeau Court of Common Pleas or the
Judge thereof in vacation, or to the Circuit Court of the County of ;ape
Girardeau, or the Judge thereof in vacation, which peti.tion shall set forth
a correct description of the propert,y that is southt to be acquired or con-
detnned, the use for which said land is to be taken, the names of the owners
of the several lots, tracts or parcels of land, if known, or if unknown, a
correct descr�ption of the parcels whose owners are unknown, and praying the "
appointment of three disinterested Commissioners, freeholders of property in
said City, to assess the dama.ges, if' an�r, which said owners ma�� severally
sustain by reason of the appropriation and condemnation of said real estate;
and file with the petition a certified copy of this Ordinance.
Section 6. Upon the filing of the report of the Commissi.oners with the �lerk
of the Court by which they are appointed, and when said report has been
approved b,y the Court, the �ity Clerk shall secure from said Clerk a certified
copy of s�ach report for the use of the Council, ard the "ouncil snall tnere-
upon, as soon as possible consider the same, arid order warrants to be issued
to the persons entitled t� the damages assessed, if any, or a warrant to the
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Clerk of the Court for such persons, or shall follow such proc eedings as the
Coucil shall deterrnine.
Section 7. This Ordinance shall take ef'fect from and after its pa.ssage and
,� approval.
Section 8. All Urdinances or pa.rts of Ordinances in conflict w:ith this
Ordinance are hereb.y repealed.
Passed and approved by the City Council thi.s 1'4th day of May, 1951.
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Mayor -'
APPROVED this l�.th day of I�,ay, 1951.
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Mayor
ATl�T:
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����!t-.t,(-rC. . ' � � -
ity Clerk
APPROVEU AS TO r'ORh�i:
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- • �it,y Attorney G��
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