HomeMy WebLinkAboutOrd.5645.06-05-2023BILL NO. 23-71
ORDINANCE NO. o
AN ORDINANCE VACATING THE CITY'S INTEREST IN
A UTILITY EASEMENT LOCATED AT 2409 BRISTER
HILL ROAD, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, the City Council has received a request from
Michael Marcum to vacate a portion of a utility easement along
the west side of Lot 212 at 2409 Brister Hill Rd, in the City of
Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on May 15, 2023, at
which time all interested parties were afforded the opportunity
to speak in favor of or in opposition to the proposed vacation
of the utility easement; and
WHEREAS, at least ten days notice of the time and place of
this hearing was published in a newspaper of general circulation
in the City; and
WHEREAS, the City Council has determined that the utility
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 utility
easement be vacated.
NOW, THEREFORE, BE, IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council hereby finds that it is in
the public interest that this utility easement be vacated.
ARTICLE 2. The City's interest in the utility easement
located in the following described real estate:
That part of Lot 212 of a Resubdivision of Lots 93, 94, 95,
96, 97, 98, 99, 100, 101, and 102 of Walden Park Phase 2 -
Amended, a subdivision on file in the land records of Cape
Girardeau County in Plat Book 25 at Page 28, Township 31
North, Range 13 East, City and County of Cape Girardeau,
State of Missouri, and being more particularly described as
follows:
Commence at the Southwest corner of said Lot 212 along
Brister Hill Drive, thence N 56° 07' 50" W a distance of
10.5 feet for the Point of Beginning; thence continuing N
560 07' 50" W a distance of 182.4 feet, said point being 10
1
feet from the west side of said subdivision plat; thence N
000 33' 06" W parallel to and 10 feet from the western side
of .said subdivision for a distance of 6.08 feet; thence S
56° 07' 50" E a distance of 186.0 feet to a point that is
10.5 feet off of the Brister Hill Dr right of way; thence S
36° 59' 05" W a distance of 4.95 feet to the Point of
Beginning, containing 922.80 square feet, more or less.
is hereby vacated.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS'D DAY OF 7' , 2023.
Da 1?r on, Mayor Pro Tempore
ATTEST:
a
Gayl onrad, CIty Clerk
STATE OF MISSOURI
) ss.
COUNTY OF CAPE�IRARDEAU )
On this day of Ala 2023, before me
personally appeared DanPr son, to me personally known, who,
being by me duly sworn, did ay that he is the Mayor Pro Tempore
of the City of Cape Girardea , 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 said
instrument was signed and sealed on 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
affixed my official seal, at
Missouri, the day and year first
have hereunto
my office in
above written.
My Commission Expires:
Amanda L. l�cl{inney
Notary Public -Notary Seal N
STATE OF MISSOURI
Commissioned for Cape Girardeau
My Commission Ex12res: 3/3/2026
ID4 14580:133
set my hand and
Cape Girardeau,
Public