HomeMy WebLinkAboutOrd.5666.07-05-2023 BILL NO. 23-98 ORDINANCE NO. Z-.)4, 6,6„/Z-.)4, 6,6„/
AN ORDINANCE ACCEPTING PERMANENT UTILITY
EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR A
PORTION OF A VACATED ALLEY RIGHT OF WAY
BETWEEN SOUTH PARK AVENUE AND SOUTH WEST END
BOULEVARD, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City of Cape Girardeau, Missouri, hereby
accepts, and agrees to accept, Permanent Utility Easements for a
portion of a vacated alley right of way between South Park
Avenue and South West End Boulevard, in the City of Cape
Girardeau, Missouri, described as follows :
17 S. Park Avenue from Richard J. Parks and Linda L. Parks,
husband and wife, and Bryant D. Parks and Amy S. Parks,
husband and wife
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 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 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 from M. Allen Investments, LLC, a
Missouri Limited Liability Company
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.
20 South West End Boulevard from UA Properties, LLC, a
Missouri Limited Liability Company
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 1-1) 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 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.
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS 5 DAY OF �,(� , 2023 .
.,.:___(:;
Stacy Ki e Mayor
ATTEST:
(. .i;)12 .,, e
Bruce Tayl , Deputy City Clerk
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Data Source(s):
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Legal Description Easement over Vacated Alley part of Block 5 of West End 2nd Addition
17 S Park Ave from Richard J. Parks and Linda L. Parks, husband and wife, and
Bryant D. Parks and Amy S. Parks, husband and wife
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 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 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.
Legal Description Easement over Vacated Alley part of Block 5 of West End 2nd Addition
20 S West End Blvd from UA Properties, LLC, a Missouri Limited Liability Company
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.
Legal Description Easement over Vacated Alley part of Block 5 of West End 2"d Addition
35 5 Park Ave from M. Allen Investments, LLC, a Missouri Limited Liability Company
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.
PERMANENT UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS: Richard J. Parks and Linda L. Parks,
husband and wife, and Bryant D. Parks and Amy S. Parks, husband and wife, in consideration
of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE
GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter
called the City, the right, privilege, permission and authority to enter on and upon the following
described property which is solely owned by the undersigned located in the City and County of
Cape Girardeau, Missouri, to -wit:
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 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
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.
Said right, privilege, permission, and authority to enter on and upon the above described
property is granted for the purpose of enabling the City as well as its agents, servants, and
assigns to use said property to excavate, build, construct, operate, maintain, and repair certain
improvements in, on, upon, or across said property, together with all of the useful, necessary, and
proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the
right, privilege, permission, and authority herein granted are perpetual and shall run with the
land.
The undersigned covenant that he/she is the owner in fee simple of the above described
property and has the legal right to convey same.
IN WITNESS WHEREOF, the undersigned has executed this Permanent Utility
Easement on this day of , 20
Signature: Richard J. Parks
Signature: Linda L. Parks
STATE OF MISSOURI )
)SS.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20 , personally appeared before me, Richard
J. Parks and Linda L. Parks, husband and wife, to me known to be the persons described in and
who executed the foregoing instrument, and acknowledged that they have the authority to
execute the same as the free act and deed for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in said State and County, the date first above written.
My Commission Expires:
Notary Public Signature
Notary Public Printed Name
(Signature Page to Follow)
IN WITNESS WHEREOF, the undersigned has executed this Permanent Utility
Easement on this day of , 20
Signature: Bryant D. Parks
Signature: Amy S. Parks
STATE OF MISSOURI )
)SS.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20 , personally appeared before me, Bryant D.
Parks and Amy S. Parks, husband and wife, to me known to be the persons described in and who
executed the foregoing instrument, and acknowledged that they have the authority to execute the
same as the free act and deed for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in said State and County, the date first above written.
Notary Public Signature
Notary Public Printed Name
My Commission Expires:
PERMANENT UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS: UA Properties, LLC, a Missouri Limited
Liability Company, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain,
sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation
of the State of Missouri, hereinafter called the City, the right, privilege, permission and authority
to enter on and upon the following described property which is solely owned by the undersigned
located in the City and County of Cape Girardeau, Missouri, to -wit:
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 %2) 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.
Said right, privilege, permission, and authority to enter on and upon the above described
property is granted for the purpose of enabling the City as well as its agents, servants, and
assigns to use said property to excavate, build, construct, operate, maintain, and repair certain
improvements in, on, upon, or across said property, together with all of the useful, necessary, and
proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the
right, privilege, permission, and authority herein granted are perpetual and shall run with the
land.
The undersigned covenant that he/she is the owner in fee simple of the above described
property and has the legal right to convey same.
IN WITNESS WHEREOF, the undersigned has executed this Permanent Utility
Easement on this day of , 20
UA Properties, LLC
Signature:
Printed Name & Title
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20 , personally appeared before me,
of UA Properties, LLC, to me
known to be the person described in and who executed the foregoing instrument, and
acknowledged that he/she has the authority to execute the same as the free act and deed of said
UA Properties, LLC for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in said State and County, the date first above written.
Notary Public Signature
Notary Public Printed Name
My Commission Expires:
PERMANENT UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS: M. Allen Investments, LLC, a Missouri
Limited Liability Company, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation of the State of Missouri, hereinafter called the City, the right, privilege, permission
and authority to enter on and upon the following described property which is solely owned by the
undersigned located in the City and County of Cape Girardeau, Missouri, to -wit:
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.
Said right, privilege, permission, and authority to enter on and upon the above described
property is granted for the purpose of enabling the City as well as its agents, servants, and
assigns to use said property to excavate, build, construct, operate, maintain, and repair certain
improvements in, on, upon, or across said property, together with all of the useful, necessary, and
proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the
right, privilege, permission, and authority herein granted are perpetual and shall run with the
land.
The undersigned covenant that he/she is the owner in fee simple of the above described
property and has the legal right to convey same.
IN WITNESS WHEREOF, the undersigned has executed this Permanent Utility
Easement on this day of , 20
M. Allen Investments, LLC
Signature:
Printed Name & Title
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20 , personally appeared before me,
of M. Allen Investments, LLC,
to me known to be the person described in and who executed the foregoing instrument, and
acknowledged that he/she has the authority to execute the same as the free act and deed of said
M. Allen Investments, LLC for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in said State and County, the date first above written.
Notary Public Signature
Notary Public Printed Name
My Commission Expires: