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RECORDER OF DEEDS
COVER PAGE
eRecorded
DOCUMENT #
2024-07036
DAVIDANDREW BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED
0• 08:30:56 AM
REC FEE: 00
PAGES: 8
Ordinance — Vacation of a partial Alley Right of Way
in Block 5 of West End Place 2nd Addition
June 20, 2023
City of Cape Girardeau
44. N. Lorimier St.
Cape Girardeau, MO 63701
Parks Legacy Investments LLC
17 S Park Ave,
Cape Girardeau, MO 63703
& M. Allen Investments, LLC
35 S Park Ave,
Cape Girardeau, MO 63703
& Christopher S. and Melinda S. Eakin, husband & wife
20 S West End Blvd
Cape Girardeau, MO 63703
Reference Book & Page, if required:
See Page 2 of Ordinance, i.e. Vacation Legal Description
BILL NO. 23-82
ORDINANCE NO.
AN ORDINANCE VACATING THE CITY'S INTEREST IN
A PORTION OF AN ALLEY RIGHT OF WAY BETWEEN
SOUTH PARK AVENUE AND SOUTH WEST END
BOULEVARD, AND RETAINING PERMANENT UTILITY
EASEMENTS THEREON, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from Ron
Buchheit, Richard J. Parker, and Mark Conrad to vacate a portion
of a 16 foot wide alley right of way between South Park Avenue
and South West End Boulevard, and retaining permanent utility
easements, in the City of Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on June 5, 2023, at
which time all interested parties were afforded the opportunity
to speak in favor of or in opposition to the proposed vacation;
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, except for the property's use as a location for
various utilities, the City Council has determined that the
alley right of way 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 portion of
the alley right of way be vacated as long as permanent utility
easements are retained for the installation, operation, and
maintenance of.any utilities.
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 alley right of way be vacated as long
as permanent utility easements are retained for the
installation, operation, and maintenance of any utilities, and
accepted by the City Council.
ARTICLE 2. The City's interest in the portion of an alley
right of way, located in the following described real estate:
1
Vacation Leaal Description
That part of a 16 foot wide Alley Right of Way in Block
Five ( 5 ) of West End Place 2nd Addition as recorded in Plat
Book 2, at Page 13 and the South Half (S ;-�) of the Missouri
Pacific Railroad Right of Way, now Abandoned, abutting the
Alley, all being in Out Lot 26 of Survey 2199, Township 30
North, Range 14 East in the City of Cape Girardeau in the
County of Cape Girardeau County, Missouri and being more
fully described as the following:
Commence at the Southeast corner of Lot 7, Block 5 of West
End Place 2nd Addition, said corner also being a point in
the West line of a north -south 16 foot wide alley platted
through Block 5; thence run Northeasterly along the West
line of said alley, 3 feet to the Point of Beginning;
thence continuing in a Northeasterly direction along the
West line of the platted alley, said line also being the
East line of said Lot 7, Block 5; thence continuing
Northeasterly along the prolongation of said East line of
Lot 7 through the south half of the now abandoned Missouri
Pacific Railroad to a point, said point being the
intersection of the prolongation line of Lot 7 and the
Centerline of the now abandoned railroad right of way;
thence in a Northeasterly direction along the Centerline of
the now abandoned railroad right of way, crossing from the
West line of the alley to a point in the East line of the
platted alley, said point being the intersecting point of
the now abandoned railroad right of way Centerline with the
prolongation of the West line of Lot 6, Block 5 of West End
Place 2nd Addition and being the same point as the Northwest
corner of a tract of land recorded in Document no. 2014-
10187 in the Land Records of Cape Girardeau County; thence
in a Southwesterly direction through the now abandoned
railroad right of way .along the prolongation of the West
line of Lot 6, Block 5; thence continuing Southwesterly
along the West line of Lot 6, being the same line as the
East line of the platted alley in Block 5; thence
continuing in a Southwesterly direction with the East line
of the alley and being the same as the West line of Lot 8,
Block 5 to a point in said line that is 3 feet North of the
Southwest corner of Lot 8, Block 5 and said point also
being the Southwest corner of a tract of land recorded in
Document no. 2022-06113 in the Land Records of Cape
Girardeau County; thence in a Northwesterly direction, from
said point in the East line of the alley that is 3 feet
North of the Southwest corner of Lot 8, Block 5, to a point
2
in the West line of the platted
feet North of the Southeast cornE
point in the West line of the
Beginning.
16 foot alley that
r of Lot 7, Block 5,
alley being the Point
is 3
said
of
is hereby vacated provided that the City retain permanent
utility easements for the right to install, lay, erect,
construct, maintain, operate, repair and replace, by itself or
by its agents, servants and assigns, or any licensee or holder
of a franchise from the City, and poles, wires, pipes, conduits,
sewer pipes, sewer mains, water mains, or any other facility.of
equipment for the installation, maintenance or operation of any
utility now located to be located in the future, which is more
particularly described as follows:
Easement Legal Descriptions:
17 S. Park Avenue
That part of a vacated 16 foot -wide Alley in Block Five (5)
of West End Place 2nd Addition as recorded in Plat Book 2,
at Page 13 and the South Half (S 1,�) of the Missouri Pacific
Railroad Right of Way, now Abandoned, abutting the Alley,
all being in Out Lot 26 of Survey 2199, Township 30 North,
Range 14 East in the City of Cape Girardeau in the County of
Cape Girardeau County, Missouri and being more fully
described as the following:
Commence at the Southwest corner of Lot 6, Block 5 of West
End Place 2nd Addition; thence Northeasterly along the West
line of said Lot 6, being the same line as the East line of
a now vacated portion of the platted North-South Alley in
Block 5, to a point 12 feet North of the Southwest corner of
said Lot 6, said point also being the same as the Southwest
corner of a tract of land recorded in Document number 2014-
10187 and being the Point of Beginning; Thence in a
Northeasterly direction with the West line of Lot 6 and the
prolongation of said West line of Lot 6 through the South
Half of the now abandoned Missouri Pacific Railroad to a
point, said point being the intersection of the prolongation
of the West line of Lot 6 and the Centerline of the now
abandoned railroad right of way and also being the Northwest
corner of a tract of land recorded in Document number 2014-
10187; thence in a Southwesterly direction along the
Centerline of the now abandoned railroad right of way to an
intersecting point of the Centerline of the railroad with
the Centerline of the now vacated Alley in Block 5; thence
in a Southwesterly direction along the Centerline of the now
3
vacated Alley to an intersecting point that is 12 foot North
of the prolongation of the South line of Lot 6 with the now
vacated Alley Centerline; thence in a Southeasterly
direction, parallel to and 12 feet North of the prolongation
of the South line of Lot 6, to a point that is in the West
line of Lot 6 and being 12 feet North of the Southwest
corner of Lot 6, said point also being the same as the
Southwest corner of a tract of land recorded in Document
number 2014-10187 and being the Point of Beginning.
35 S. Park Avenue
That part of a vacated 16 foot -wide Alley in Block Five (5.)
of West End Place 2nd Addition as recorded in Plat Book 2,
at Page 13 in Out Lot 26 of Survey 2199, Township 30 North,
Range 14 East in the City of Cape Girardeau in the County of
Cape Girardeau County, Missouri and being more fully
described as the following:
Commence at the Northwest corner of Lot 8, Block 5 of West
End Place 2nd Addition, said corner being a point in the
East line of a now vacated platted north -south Alley in
Block 5 of said subdivision; thence in a Northeasterly
direction departing from the Northwest corner of said Lot 8
and running along the East line of said vacated alley, also
being the West line of Lot 6, Block 5 of said subdivision to
a point 12 feet North of the Southwest corner of said Lot 6,
said point being the same point as the Northwest corner of a
tract of land recorded in Document number 2022-06113, said
point being the Point of Beginning; Thence in a
Northwesterly direction, parallel to and 12 feet north of
the prolongation of the said Lot 6 South line, crossing from
the East line of the now vacated alley to the Centerline of
said vacated Alley; thence in a southwesterly direction
along the centerline of the vacated Alley to an intersecting
point that is 3 foot north of the prolongation of the South
line of Lot 8 with the now vacated alley centerline; thence
in a Southeasterly direction, parallel to and 3 feet North
of the prolongation of the South line of Lot 8 to a point
that is in the West line of Lot 8 and being 3 feet north of
the Southwest corner of Lot 8, said point also being the
same as the Southwest corner of a tract of land recorded in
Document number 2022-06113; thence in a Northeasterly
direction along the West line of Lots 8 and 6, and being the
same line as the East line of the now vacated portion of an
alley in Block 5, to the Point of Beginning.
4
20 South West End Boulevard
That part of a vacated 16 foot -wide Alley in Block Five (5)
of West End Place 2nd Addition as recorded in Plat Book 2,
at Page 13 and the South Half (S '-�) of the Missouri Pacific
Railroad Right of Way, now Abandoned, abutting the Alley,
all being in Out Lot 26 of Survey 2199, Township 30 North,
Range 14 East in the City of Cape Girardeau in the County of
Cape Girardeau County, Missouri and being more fully
described as the following:
Commence at the Southeast corner of Lot 7, Block 5 of West
End Place 2nd Addition, said corner also being a point in
the West line of a platted north -south 16 foot wide alley,
now vacated, through Block 5; thence run Northeasterly along
the West line of said vacated alley, 3 feet to the Point of
Beginning; thence continuing in a Northeasterly direction
along the West line of the platted alley now vacated, said
line also being the East line of said Lot 7, Block 5; thence
continuing Northeasterly along the prolongation of said East
line of Lot 7 through the south half of the now abandoned
Missouri Pacific Railroad to a point, said point being the
intersection of the prolongation line of Lot 7 and the
Centerline of the now abandoned railroad right of way;
thence in a Northeasterly direction along the Centerline of
the now abandoned railroad right of way, crossing from the
West line of the vacated alley to the intersecting point of
the abandoned railroad centerline and the centerline of the
vacated alley; thence in a Southwesterly direction along the
centerline of the vacated alley to a point on said alley
centerline that is 3 feet north of the prolongation of the
South line of Lot 7, Block 5; thence in a Northwesterly
direction, parallel to and 3 feet north of the prolongation
of the South line of Lot 7 to a point in the West line of
the platted and now vacated 16 foot alley, said point being
3 feet North of the Southeast corner of Lot 7, Block 5, and
the Point of Beginning.
If the new utility easements referenced herein, and accepted by
the City Council are for any reason held to be invalid by any
court of competent jurisdiction, this vacation shall also be
deemed invalid.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS 20th DAY OF June , 2023.
5
ATTEST:
& "'o' &-ga's,
Gayle''} onrad, City Clerk
STATE OF MISSOURI
Stacy Kin)AE) M yor
ss.
COUNTY OF CAPE GIRRDEAU )
On t -his day of 2023, before me
personally appeared Stacy K'.ider, to me personally known, who,
being by me duly sworn, di say that she is the Mayor of the
City of Cape Girardeau, Miss uri, 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
My Commission Expires:
Amanda L. McKinney
Notary ]Public -Notary Seal
STATE OF, MISSOURI
Commissioned for Cape Girardeau
My Commission Expires: 3/3/2026
m # 14589193
have hereunto set my hand and
my office in Cape Girardeau,
above written.
P
ITfCAPE partial Vacation of a 16 foot Alley in
� � R A R n E A� Block 5, West End Place 2nd Addition
Merriwether St
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Area of Interest
LEGEND
0 50
100 Feet
1:700
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Subdivision Lot Lines
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Date: 5/24/2023
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