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HomeMy WebLinkAboutORD.2865.04-02-2001a BILL NO. 2001-56 ORDINANCE NO. a &OS 004414 AN ORDINANCE VACATING THE CITY'S INTEREST IN TWO UTILITY POLE EASEMENTS IN SEABAUGH'S THIRD SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU MISSOURI y rte' WHEREAS, the City Council has received a request from property owners that the City vacate two utility pole easements in Seabaugh's Third Subdivision, and more particularly described in Section 1 hereof; and WHEREAS, the City Council set the date of March 19, 2001, for a public hearing on this request; and WHEREAS, at least ten (10) days notice of the time and place of this hearing was published in a newspaper of general circulation in the City; and WHEREAS, a public hearing was held on March 19, 2001, at which all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed utility pole easements vacation; and WHEREAS, the City Council has determined that the two utility pole easements in question are not necessary or needed for the purposes for which they were dedicated and established; and WHEREAS, it is in the public interest that the two utility pole easements be vacated; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU? MISSOURI, AS FOLLOWS: ARTICLE 1. The City's interest in two utility pole easements on the following described real estate: Tract Number 1 A 4.0' wide utility easement in Seabaugh's Third Subdivision of a part of Outlot 24, U.S.P. Survey 2199, in the City of Cape Girardeau, Missouri, more particularly described as follows: Begin at the southeast corner of lot number five in Seabaugh's Third Subdivision, thence, eastwardly along the north line of College Street, 2.0' to the point of beginning. Thence, northwardly 211.4' to the south line of lot number one, thence, westwardly, along the south line of lot number one, 4.0' to a point, thence, southwardly, 211.4' to a point on the north line of said 57 College Street, thence, eastwardly, 4.0' to the point of beginning. Tract Number 2 A 4.0' wide utility easement in Seabaugh's Third Subdivision of a part of Outlot 24, U.S.P. Survey 2199, in the City of Cape Girardeau, Missouri, more particularly described as follows: Begin at the southeast corner of lot number nine in Seabaugh's Third Subdivision, also known as the point of beginning, thence, northwardly 40.0' to a point, thence, northwestward 5.6' to a point, thence, southwardly 44.0' to a point on the north line of College Street, thence eastward 4.0' to the point of beginning. is hereby vacated. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS tAck / DAY OF ,1 , 20 L)l . A. k. Spradling, III, ayor ATTEST: Gayle . Conrad City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of ; r'I , 2001, before me appeared A. M. Spradling, III, to mey personally known, who, being by me duly sworn, did say that he 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 the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. 2 BOJ,K 111 "l,E Cil IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2004 Filed Jqr ecord APR 13 2001 � q�&6 OJIg. 3 Delores G. Needham, Notary Public STATE OF MISSOURI County of Cape Girardeau, � ss I hereby certify that this instrument was FILED FOR RECORD at the date and timestn hereon and is recorded in Book.... ... Page. ..,5 �..... . 1 JANET ROBERT Recorde of eeds By... .............. Deputy