HomeMy WebLinkAboutOrd.5888.2026-02-17BILL NO. 26-11
ORDINANCE NO. 5-989
AN ORDINANCE VACATING THE CITY'S INTEREST IN
A PORTION OF FREDERICK STREET RIGHT-OF-WAY,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City desires to pursue vacation of a portion
of North Frederick Street Right of Way between Olive Street and
Mason Street, in the City of Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on February 2, 2026, at
which time all interested parties were afforded the opportunity
to speak in favor of or in opposition to the proposed vacation
of this portion of Frederick Street right-of-way; 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 property
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
North Frederick Street Right of Way between Olive Street and
Mason Street 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 portion of North Frederick Street
Right of Way between Olive Street and Mason Street be vacated.
ARTICLE 2. The City's interest in the portion of Frederick
Street right-of-way, located in the following described real
estate:
PART OF INGRAMS ADDITION AS RECORDED IN PLAT BOOK 1 AT
PAGE 6 OF THE COUNTY LAND RECORDS, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1
BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF SAID
INGRAMS ADDITION, ALSO BEING THE INTERSECTION OF THE
SOUTH RIGHT-OF-WAY LINE OF OLIVE STREET AND THE EAST
RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET, THENCE
WITH SAID EAST RIGHT-OF-WAY LINE, SOUTH 06021'34"
WEST, 340.00 FEET TO THE SOUTHWEST CORNER OF LOT 78 OF
SAID INGRAMS ADDITION, ALSO BEING THE INTERSECTION OF
THE NORTH RIGHT-OF-WAY LINE OF MASON STREET AND THE
EAST RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET;
THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE AND WITH
SAID NORTH RIGHT-OF-WAY LINE, NORTH 83007'46" WEST,
60.00 FEET TO THE SOUTHEAST CORNER OF CROWN SECOND
SUBDIVISION AS RECORDED IN DOCUMENT #2012-08774 OF THE
COUNTY LAND RECORDS, ALSO BEING THE INTERSECTION OF
THE NORTH RIGHT-OF-WAY LINE OF MASON STREET AND THE
WEST RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND WITH
SAID WEST RIGHT-OF-WAY LINE AND THE EAST LINE OF SAID
CROWN SECOND SUBDIVISION, NORTH 06021'34" EAST, 340.00
FEET TO THE NORTHEAST CORNER OF SAID CROWN SECOND
SUBDIVISION, ALSO BEING THE INTERSECTION OF THE SOUTH
RIGHT-OF-WAY LINE OF OLIVE STREET AND THE WEST RIGHT-
OF-WAY LINE OF NORTH FREDERICK STREET; THENCE LEAVING
SAID WEST -RIGHT-OF-WAY LINE AND SAID EAST LINE, AND
WITH SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 83007'46"
EAST, 60.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 20,400 SQUARE FEET, MORE OR LESS.
is hereby vacated.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY
L
Stacy Ki e , Ma or
ATTEST�:�,
Courtney Da is, Deputy City Clerk
tj
OF rib w' , 2026.
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU ) ss.
On this `ViD.yofCAI0 6, before me personally appeared Stacy Kinder, to
me personally known, who, being by m dul worn, did say that she is the Mayor of the City of
Cape Girardeau, Missouri, a Municipal ration of the State of Missouri, and that the seal
affixed to the foregoing instrument is the se of said City and that the said instrument was signed
and sealed on behalf of said City by authority of its City Council and acknowledge said instrument
to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at
my office in Cape Girardeau, Missouri, the day and yeah first above written.
My commission expires:
A-wanda L. McKinney
Notary ,Public -Notary Seal
ST&E OF MISSOURI
Qftlisstoll+h ik Crape Girardeau
55son. im:3/3/2{26
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NORTH ORIENTATION FNOLI
MISSOURI STATE PLANE
COORDINATE SYSTEM
HORQONTALSCLE OF
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BRICK & IVY, I
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MASON STR-R/W)
RIGHT-OF-WAY VACATION EXHIBIT
FOR
BRICK AND IVY. LLC
PART OF NORAASS ADDITION AS RECOFOED N RAT BCXX 1 AT PACE B
OF THE C:OUN"TY LAND RECORDS, N THE CRY AND COUNTY OF CAPE 08iARDEAU, STATE OF IA SS0UFi
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LEGEND
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Description of Right -of -Way to be Vacated
North Frederick Street in Range P
PART OF INGRAMS ADDITION AS RECORDED IN FLAT BOOK I AT PAGE 6
OF THE COUNTY LAND RECORDS, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU. STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 39 OF SAID INGRAMS
ADDITION. ALSO BEING THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE
OF OLIVE STREET AND THE EAST RIGHT-OF-WAY LINE OF NORTH FREDERICK
STREET. THENCE I. SAID EAST RIGHT-OF-WAY LINE. SOUTH 06.3114' WEST.
340.00 FEET TO THE SOUTHWEST CORNER OF LOT 06 OF SAID INGRAMS
ADDITION, ALSO BEING THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE
OF MASON STREET AND THE EAST RIGHT-OF-WAY LINE OF NORTH FREDERICK
STREET: THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE AND WITH SAID
NORTH SIGN -CF-WAY LINE, NCRTM 63°07'46• WEST. 00.00 FEET TO THE
SOUTHEAST CORNER OF CROWN SECOND SUBDIVISION AS RECORDED IN
DOCUMENT 113033.00314 OF THE COUNTY LAND RECORDS. ALSO BEING THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF MASON STREET AND THE
WEST RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET: THENCE LEAVING
SAID NORTH RIGHT-OF-WAY LINE AND WITH SAID WEST RIGHT-OF-WAY LINE
AND THE EAST LINE OF SAID CROWN SECOND SUBDIVISION, NORTH 06°31'34'
EAST. 340.00 FEET TO THE NORTHEAST CORNER OF SAID CROWN SECOND
SUBDIVISION. ALSO BEING THE INTERSECTION OF THE SOUTH RIGHT -DF -WAY
LINE OF OLIVE STREET AND THE WEST RIGHT-OF-WAY LINE OF NORTH
FREDERICK STREET: THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE AND
SAID EAST LINE, AND WITH SAID SOUTH RIGHT-OF-WAY LINE. SOUTH B3°0)'46'
EAST. 60.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 30.400
SQUARE FEET. MORE OR LESS.
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RIGHT-OF-WAY
VACATION
EXHIBIT
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CPH Legal / Public Hearing 2/2/26
Publisher's Affidavit
STATE OF MISSOURI) SS
COUNTY OF CAPE GIRARDEAU)
Before me, the undersigned, a Notary Public, this day
personally came Sherry Cole
who, being first duly sworn, according to law upon his/her
oath, says that he/she is Bookkeeper of the Southeast
Missourian, a newspaper published in the city of Cape
Girardeau, in Cape Girardeau County and State of
Missouri, and that the publication, of which the annexed is
a true copy, was published in said paper on the following
dates:
1120/2026
(appearing once a day on the same day of each week) and further says that
said Newspaper is a daily newspaper printed and published in the City of
Cape Girardeau and State of Missouri and has a general circulation in the
City of Cape Girardeau and State of Missouri and has a general circulation
in the City and County of Cape Girardeau and State of Missouri, and has
held such general circulation in said county continuously, regularly and
consecutively for a period of more than ten years next before the date of
the first publication mentioned above, and has been likewise continuously,
regularly and consecutively published up to the time of the making of this
affidavit for a period of more than ten years next before the date of the jurat
to this publishei's affidavit or proof of publication, and that the rate charged
therefore is not in excess of the rate allowed by laws of the State of
Missouri. and that said Southeast Missourian has been admitted to the
United States Post Office as second class matter in the City of Cape
Girardeau, Missouri; and that said newspapers has a list of bona fide
subscribers voluntarily engaged as such who have paid or agreed to pay a
stated price for a subscription for a definite period of time, and that said
newspaper and its publishers have complied with each and every provision
of the laws of Missouri and particularly with the provisions of Section 13775
of the Revised Statues of Missouri, 1929, as amended, and approved on
May 14, 1931, as appears in the Laws of Missouri, 1931 at page 303.
C &Jss
Subscribed and sworn to met is 20 Jan 2026
U Notary Publif, State of Missouri
Qualified and commissioned for a term expiring
NOTICE OF PUBLIC HES
CITY OF CAPE GIRARDEAU,
Notice is hereby given that Cape Gird
City Council will hold a public hearin
February 2, 2026 at 5:00 p.m., iri the
Council Chambers, at City Hall,! 44 N,
Cape Girardeau, Missouri, to consider
unimproved N. Frederick Street Right
Olive and Mason Streets in the City of
Girardeau, MO.
All interested parties shall be afforded
to speak at the hearing in favor cif or ii
the proposed vacation.
Gayle L. C
City Clerk
City of Cal
(January 20, 2026)
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Publication Fee: $53.38
TONJA HEMPHILL
Ca a Girardeau, MO
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Notary Public - Notary Seal
t• ` STATE OF MISSOURI
Southeast Missourian
Corinis W*d for Cape Girardeau
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Title of Document:
Date of Document:
Grantor(s) Name and Address
Grantee(s) Name & Address
Legal Description:
Reference Book & Page:
RECORDER OF DEEDS
COVER PAGE
eRecorded
DOCUMENT #
2026-01578
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED ON
03/02/2026 08:30:33 AM
REC FEE: 36.00
PAGES: 5
Vacation Ordinance: part of Frederick Street Right of Way
between Olive & Mason Streets
February 17, 2026
City of Cape Girardeau
44. N. Lorimier St.
Cape Girardeau, MO 63701
Brick & Ivy, LLC
539 Olive St
Cape Girardeau, MO 63 701
(Parcel # 16.719.00.04.00100.0000)
Brick & Ivy, LLC
547 Olive St
Cape Girardeau, MO 63 701
(Parcel # 16.719.00.05.00200.0000)
See Article 2 of Vacation Ordinance # 5888
BILL NO. 26-11
ORDINANCE NO. 5-989
AN ORDINANCE VACATING THE CITY'S INTEREST IN
A PORTION OF FREDERICK STREET RIGHT-OF-WAY,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City desires to pursue vacation of a portion
of North Frederick Street Right of Way between Olive Street and
Mason Street, in the City of Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on February 2, 2026, at
which time all interested parties were afforded the opportunity
to speak in favor of or in opposition to the proposed vacation
of this portion of Frederick Street right-of-way; 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 property
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
North Frederick Street Right of Way between Olive Street and
Mason Street 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 portion of North Frederick Street
Right of Way between Olive Street and Mason Street be vacated.
ARTICLE 2. The City's interest in the portion of Frederick
Street right-of-way, located in the following described real
estate:
PART OF INGRAMS ADDITION AS RECORDED IN PLAT BOOK 1 AT
PAGE 6 OF THE COUNTY LAND RECORDS, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1
BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF SAID
INGRAMS ADDITION, ALSO BEING THE INTERSECTION OF THE
SOUTH RIGHT-OF-WAY LINE OF OLIVE STREET AND THE EAST
RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET, THENCE
WITH SAID EAST RIGHT-OF-WAY LINE, SOUTH 06021'34"
WEST, 340.00 FEET TO THE SOUTHWEST CORNER OF LOT 78 OF
SAID INGRAMS ADDITION, ALSO BEING THE INTERSECTION OF
THE NORTH RIGHT-OF-WAY LINE OF MASON STREET AND THE
EAST RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET;
THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE AND WITH
SAID NORTH RIGHT-OF-WAY LINE, NORTH 83007'46" WEST,
60.00 FEET TO THE SOUTHEAST CORNER OF CROWN SECOND
SUBDIVISION AS RECORDED IN DOCUMENT #2012-08774 OF THE
COUNTY LAND RECORDS, ALSO BEING THE INTERSECTION OF
THE NORTH RIGHT-OF-WAY LINE OF MASON STREET AND THE
WEST RIGHT-OF-WAY LINE OF NORTH FREDERICK STREET;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND WITH
SAID WEST RIGHT-OF-WAY LINE AND THE EAST LINE OF SAID
CROWN SECOND SUBDIVISION, NORTH 06021'34" EAST, 340.00
FEET TO THE NORTHEAST CORNER OF SAID CROWN SECOND
SUBDIVISION, ALSO BEING THE INTERSECTION OF THE SOUTH
RIGHT-OF-WAY LINE OF OLIVE STREET AND THE WEST RIGHT-
OF-WAY LINE OF NORTH FREDERICK STREET; THENCE LEAVING
SAID WEST -RIGHT-OF-WAY LINE AND SAID EAST LINE, AND
WITH SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 83007'46"
EAST, 60.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 20,400 SQUARE FEET, MORE OR LESS.
is hereby vacated.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY
L
Stacy Ki e , Ma or
ATTEST�:�,
Courtney Da is, Deputy City Clerk
tj
OF rib w' , 2026.
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU ) ss.
On this `ViD.yofCAI0 6, before me personally appeared Stacy Kinder, to
me personally known, who, being by m dul worn, did say that she is the Mayor of the City of
Cape Girardeau, Missouri, a Municipal ration of the State of Missouri, and that the seal
affixed to the foregoing instrument is the se of said City and that the said instrument was signed
and sealed on behalf of said City by authority of its City Council and acknowledge said instrument
to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at
my office in Cape Girardeau, Missouri, the day and yeah first above written.
My commission expires:
A-wanda L. McKinney
Notary ,Public -Notary Seal
ST&E OF MISSOURI
Qftlisstoll+h ik Crape Girardeau
55son. im:3/3/2{26
Fs e RIGHT-OF-WAY VACATION EXHIBIT a fr E KOEHLER
ENGINEERING
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ms = e 523 OLIVE STREET
< CAPE GIRARDEAU, MO 63701-0000 CapeGlrarneao,Mlssootl
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Fs e RIGHT-OF-WAY VACATION EXHIBIT a fr E KOEHLER
ENGINEERING
J� {Y ms£ _ AUvision or
i y �m Klingner & Associates, P.C.
ms = e 523 OLIVE STREET
< CAPE GIRARDEAU, MO 63701-0000 CapeGlrarneao,Mlssootl