HomeMy WebLinkAboutOrd.678.03-06-1989BILL NO. 89-28
600/1 061 p l%6E �
ORDINANCE N0. 6 7?,
AN ORDINANCE VACATING THE CITY'S INTEREST IN
STREET RIGHT-OF-WAY FROM THE DEAD END OF THE
200 BLOCK OF NORTH SPANISH STREET TO THE
INTERSECTION OF BELLEVUE STREET, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City Council has received a request from Stephen
N. Limbaugh, Jr. that the City vacate street right-of-way on
property from an extension of the dead end of the 200 block of
North Spanish Street to the intersection of Bellevue Street, and
more particularly described in Section 1 hereof; and
WHEREAS, the City Council set the date of February 15, 1989
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 February 15, 1989 at
which all interested parties were afforded the opportunity to
speak in favor of or in opposition to the proposed street
right-of-way vacation; and
WHEREAS, the City Council has determined that the street
right-of-way in question is not necessary or needed for street
purposes for which it was dedicated and established; and
WHEREAS, it is in the public interest that the street
right-of-way be vacated;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City's interest in street right-of-way on the
following described real estate:
140 feet of North Spanish immediately South of Bellevue
Street more particularly described as follows:
Begin at the Northeast corner of Lot 8, Range E in the
City of Cape Girardeau, Missouri; thence South along the
East line of said Lot 8, 140 feet; thence East parallel
to the South line of Bellevue Street, 60 feet to the West
line of Lot 6, Range E; thence North along said West line
of Lot 6, 140 feet to the South line of Bellevue Street;
thence West to the point of beginning.
is hereby vacated.
Except an easement for utilities and storm drainage
purposes along the West one-half of the above described
tract is hereby reserved to the City of Cape Girardeau,
Missouri.
SECTION 2. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 1989.
ATTEST:
lJAeLS
Evelyn G. eGrand, ity Clerk
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU )
ffl- On this 6= day of WI
1989 before me
appeared Francis E. Rhodes, 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1992
PUBLISHER'S AFFIDAVIT
State of Missouri
County of Cape Girardeau ss.
Before me, the undersigned, a Notary Public, this day personal-
ly came Irvin Landewee
who, being first duly sworn, according to law upon his oath, says
that he is Advertising Manager
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
Mrd day
of February
.19 89
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of
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9day
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(appearing once a week on the some day of each week) and further says that said
newspaper is a daily newspaper printed and published in th e 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 had 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 publica-
tion 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 publisher's affidavit or proof of publication, and that
the rate charged therefore is not in excess of the rate allowed by the 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
newspaper 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. /
Subscribed and sworn to before me this 8th day of
February i( . , � 19 89
Notary Public.
Qualified and commissioned for a to W.lev-p icing id�r. y
State of Missouri, Cape Girardeau County
My. Commission Expires, May 5, 1991
Publication Fee $ 16,09
Cape Girardeau, Mo. ,19
Southeast Missourian
Div. of Cape -Mississippi Development Co.
Received of,
charges in full for above publication.
100
OLLARS
Div. of Cape -Mississippi Development Co.
CITY OF
CAPE GIRARDEAU; MISSOURI
NOTICE OF HEARING
Notice is hereby given that the City
Council of the City of Cape Girardeau,
Missouri, at a public hearing to be held
Wednesday, February 15, 1989, at 7:30
p.m., City Council Chambers, City Hall,
401 Independence, Cape Girardeau,
Missouri, will consider vacating the
City's interest in:
1. Street right-of-way 140 feet from
the South line of Bellevue Street and
along the East line of Lot 8, Range E,
an extension from the dead.end of the
200 block North Spanish Street to the
intersection of Bellevue Street in the
City of Cape Girardeau.
All interested parties shall be afforded
the opportunity at the hearing to speak
in flavor of or in opposition to the pro-
posed vacation.
Evelyn G. Legrand
City Clerk of the City. of
Cape Girardeau, Missouri
(February 3, 1989)