HomeMy WebLinkAboutOrd.5870.2025-10-20BILL NO. 25-106
ORDINANCE N0. 5!3 < O
AN ORDINANCE VACATING THE CITY'S INTEREST IN
A PORTION OF AN ALLEY RIGHT OF WAY BETWEEN
SOUTH SPRIGG STREET AND SOUTH ELLIS STREET,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from Third
Gen, LLC to vacate a portion of a 16 foot wide alley right of way
between South Sprigg Street and South Ellis Street, in the City
of Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on October 6, 2025, 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 alley right
of way be vacated as long as permanent utility easements are
obtained 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 obtained for the installation,
operation, and maintenance of any utilities, and are 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 Legal Description
A 16 foot wide Alley running north to south between
South Sprigg Street and South Ellis Street from the
northerly right of way line of US Route 74 (AKA
Shawnee Parkway) to the north line of Lots 132 and 139
in Range R of Moses McLean's (AKA McClean's) Addition
to the City of Cape Girardeau, being a part of Outlot
23, U.S.P.S. 2199, T 30 N, R 14 E of the 5th P.M., Cape
Girardeau County, Missouri, being more particularly
described as follows:
Beginning at the northwest corner of Lot 132 and the
easterly right of way line of a 16 foot Alley, said
corner is monumented with a 1/2" Iron Rod;
Thence N84°04'04"W 16.00 feet to the westerly right of
way line of said Alley, said corner is witnessed by a
1/2" Iron Rod with Red Cap labeled "LS Corp 000262"
located on the north line of Lot 139 and 0.15' west
northwest of said westerly right of way line; Thence
along said westerly right of way line, S06010'49"W
173.97 feet to the northerly right of way line of US
Route 74 (AKA Shawnee Parkway); Thence along a non -
tangent curve to the right with chord bearing
S85042'46"E 16.01 feet, a radius of 2924.79 feet, and
an arc length of 16.01 feet to the easterly right of
way line of the Alley; Thence along said easterly right
of way line, N06°10'49"E 173.51 feet to the Point of
Beginning, containing 0.064± Ac (2,779.71 Sq Ft) (M)
more or less.
is hereby vacated provided that the City obtain 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 or to be located in the future, which is
more particularly described as follows:
Lots 132 thru 135 (Third Gen, LLC Properties)
The easterly half of a vacated 16 foot wide Alley, said
vacation is recorded in the County Land Records in
2
northerly right of way line of US Route 74 (AKA Shawnee
Parkway); Thence along a non -tangent curve to the right
with chord bearing S85047128"E 8.00 feet, a radius of
2924.79 feet, and an arc length of 8.00 feet to the
centerline of said Vacated Alley; Thence along said
centerline, N06°10'49"E 173.73 feet to a point; Thence
N84004'04"W 8.00 feet to the Point of Beginning,
containing 0.032± Ac (1,390.76 Sq Ft) more or less.
If the new utility easements referenced herein, and to be
accepted by the City Council are for any reason held to be
invalid by any court of competent jurisdiction, or not obtained
by the City of Cape Girardeau for any reason,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 U DAY OF 2025.
1� �__Q
Stacy Kin e ayor
ATTEST:
art/
Courtney Davis, Deputy City Clerk
4
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of� 2025, before me
personally ap ared Stacy Kinder, to me personally known, who,
being by me duly sworn, did say that she is the Mayor of the City
of Cape Girardeau, 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
My Commission Expires:
have hereunto set my hand and
my office in Cape Girardeau,
above written.
5
is
AN, ea L. iii--, K1h!0Y
Seal
�'rY �'Ji7.l;z. °SIL'.£. i'XL'?T'va: `�:✓lL�.C�
PROPOSED LEGAL DESCRIPTION
O
A 16 foot wide Alley running north to south between South Sprigg Street and South Ellis Street
from the northerly right of way line of US Route 74 (AKA Shawnee Parkway) to the north line of
Lots 132 and 139 in Range R of Moses McLean's (AKA McClean's) Addition to the City of Cape
Girardeau, being a part of Outlot 23, U.S.P.S. 2199, T 30 N, R 14 E of the 5th P.M., Cape Girardeau
oi County, Missouri, being more particularly described as follows:
F HO
N a m Beginning at the northwest corner of Lot 132 and the easterly right of way line of a 16 foot Alley,
o said corner is monumented with a 1/2" Iron Rod;
z�2z
tu
o Thence N84°04'04'W 16.00 feet to the westerly right of way line of said Alley, said corner is
1a o witnessed by a 1/2' Iron Rod with Red Cap labeled 'LS Corp 000262' located on the north line of
3 0 $ a Lot 139 and 0.15' west northwest of said westerly right of way line;
vO
ag o Thence along said westerly right of way line, S06°10'49"W 173.97 feet to the northerly right of way
m x line of US Route 74 (AKA Shawnee Parkway);
oo�
ma o Thence along a non -tangent curve to the right with chord bearing S85°42'461 16.01 feet, a
radius of 2924.79 feet, and an arc length of 16.01 feet to the easterly right of way line of the Alley;
Thence along said easterly right of way line, N06°10'49'E 173.51 feet to the Point of Beginning,
containing 0.064± Ac (2,779.71 Scl Ft) (M) more or less.
INTENT
To provide a legal description and Exhibit to aid in the vacation a 16 ft Alley running
North to South adjacent to Lots 132 thru 139.
I — _ O
I Mike & Carol Cochran Properties LLC ce
522 S. Ellis St. �
u
Doc. No. 2022-04907
3 PIN: 21-110-0047-022.00-0000
y O a a� > Lion of Judah International Assoc. of Outreach Ministries
_ _ SSP, Lo 531 S. Sprigg St.
_ (S Doc. No. 2023.04992
� .a�, _ PIN: 21-110-00-27-(107,00-0000
a Hamlet Group LLC
jy 536 S. Ellis St.
185-91.0,
O Doc. No, 2013-13568 Q a' _ -4500 LT oe
to PIN: 21-110.00-27-020.00-0000
Clila, L.P., a Missouri Limited Partnership
535 S. Sprigg St.
N84°04'04'W Deed Book 1175, Page 920 i
_ 16.00' PIN: 21-110-00-27-008.00-0000
COLA, LP., a Missouri Limited Partnership
538 S. Ellis St
Doc.Na.2011-097W P.O.B.
PIN: 21-110-00-27-019.00-0000
0207± Ac (9,036.8 Sq Ft) (M) 0.206 t Ac IN
0217± Ac (9,437.9 Sq Ft) (M) - IML Va fle Alloy O�
16' Alley to be Vacated
a 3 _ Third Gen, LLC N
CLILA, LP., a Missouri Limited Partnership 3 N
545 & 549 S Sprigg St
Doc. No. 2024-09926 O, v s
PIN: 21-110-00-27-015.00-0000 o+ Doc. No. 2013-15849 N
w^ PIN: 21-110-00-27-009.00-0000
o of �O
All the East 80 feet of Lots 136, and 137 Part of Lots 132, 133, 134, and 135 -2)
0.594±
Allll of the West 100 feet of Lots 137 _ 0.584± Ac (25,429.3 Sq Ft) (M)
All of Lot 138 o r\
OA" Z ^ —_ _ _ ,� 0.6062 Ac (26,414.7 59 ft) (M) -Incl. Vacated Alley -a
0.460± Ac (20,048.5 Sq Ft)(M) •y`V--��
0.483± Ac (21,038.5 Sq Ft) (M) - Incl. Vacated Alley
1�1 a
k184.3614
45W LT
City of Cape Girardeau
Book 1387, Pg 676 _
PIN: 21.110.00-27-016 00-0000
Zone - R3 - High Density SF o`
159-W W 159.2]8] R/W ��-
-65 W LT -6325 LT
16U -W OC' R/W
-60 W Li 160.2223
Curve Table iW-o655 Cl .60 00 LT 160-9535
-6U W LT 60.00 LT '
Chord Bearing Chord Length Arc Length Radius Delta
S65`42'46'E 16.01' 16.01' 292479' 1 4: 000°18'49'
159
— 60
-------— � -------- � • 161
• �162
US Route 74 (AKA Shawnee Par}y�—
60' 120' (Public R.O.W. Varies)
EXHIBIT
A
DOLLAR GENERAL STORE
549 SOUTH SPRIGG ST., CAPE GIRARDEAU, CAPE GIRARDEAU, MO 63703
HUBBARD ENTERPRISES, LLC
70 East School Street, Bonne Terre, St. Francois,MO 63628
ALLEY VACATION - LOTS 132-139
----�
\�wen Civi , PLLC
gineering & Land Surveying
(618) 297-0353 www.owencivil.com
6530 Highway 13 West, Harrisburg, Illinois 62946
DESIGNED BY: ISSUE DATE:
8/1/25 (Revision 0
DRAWN BY: ENGINEER PROD. NO.:
DRO 2025-002
CHECKED BY: CLIENT PROJECT NO..
DRO
SUBMITTED BY: CLIENT CONTACT:
DRO C. WALKER
PLOTTED PAGE SIZE: SCALE:
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