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HomeMy WebLinkAboutORD.3621.02-21-2006J BILL NO. 06-19 ORDINANCE NO. _3 (k D AN ORDINANCE VACATING A 10 FOOT UTILITY EASEMENT ON INDEPENDENCE STREET BETWEEN WEST DRIVE AND BROADVIEW, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request to vacate from the property owners of property abutting a 10 foot wide utility easement on Independence Street between West Drive and Broadview in the City of Cape Girardeau, Missouri; and WHEREAS, the City Council set the date of February 6, 2006 for a public hearing on this request; 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, a public hearing was held on February 6, 2006, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of the utility easement; and WHEREAS, the City Council has determined that the utility easement 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 utility easement be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City's utility easement on the following described real estate: A tract of land in Independence West Third Commercial Subdivision, City and County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10' wide utility easement running east and west, 5' each side of the following described line, between Lots 16 and 18. Begin at the southwest corner of Lot 18, said point being also the northwest corner of Lot 2 of a Resubdivision of Lot 16, for a point of beginning. Thence, S 86035116" E, 163.81 feet to the southeast corner of Lot 18 and there terminating. 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^��- DAY OF n , city clerK ay Kn dtson, Mayor STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this o,t-Iry day of leot�l e , 2006, before me appeared Jay B. Knudtson, to me 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. 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: August 4, 2007 E=�" -Z4 & 4A��- LaDonna Laub, otary Public LADONNA LAUB Notary Public -Notary Seal State of Missouri County of Scott My Commission Expires Aug. 4, 2007 1 r ' 2 0 0 6— 0 3 1 x 6 REC FEE: $33.00 PAGES: 4 Y JANET ROBERT Recorder of Deeds, Cape birardeau County NO, certify that this document was filed for record at 10:08AN and official seal affixed i at Jackson, K0. 03/10/2006 { JANET ROBERT Recorder of Deeds " Deputy l 7 n� RECORDER OF DEEDS COVER PAGE Title of Document: AN ORDINANCE VACATING A 10' FOOT UTILITY EASEMENT ON INDEPENDENCE STREET BETWEEN WEST DRIVE AND BROADVIEW, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Date of Document: March 9, 2006 Grantor(s) Name & Address: City of Cape Girardeau, P.O. Box 617 Cape Girardeau, MO 63702 Grantee(s) Name & Address: Charles Blattner, 600 Highland Drive, Cape Girardeau, MO 63701 Legal Description: A tract of land in Independence West Third Commercial Subdivision, City and County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10' wide utility easement running east and west, 5' each side of the following described line, between Lots 16 and 18. Begin at the southwest corner of Lot 18, said point being also the northwest corner of Lot 2 of a Resubdivision of Lot 16, for a point of beginning, Thence, S 86°35'16"E, 163.81 feet to the southeast corner of Lot 18 and there terminating. Reference Book & Page, if required: