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1998 Mississippi Attorney General Reports and Opinions 951 (1998)

handle is hein.sag/sagms0032 and id is 1 raw text is: 9 - 10(Le
STATE OF MISSISSIPPI
OFFICE OF THE ATTORNEY GENERAL
MIKE MOORE                                                                 OPINION
ATTORNEY GENERAL                                                            DIVISION
May 1, 1998
Jehu Brabham
Alderman, City of Clinton
106 Longwood Drive
Clinton, MS 39056
Re: Disposal of municipal real property
Dear Mr. Brabham:
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In 1990 Providence Presbyterian Church obtained ownership of a parcel of
property located on Clinton-Raymond Road. At the time of Providence
Presbyterian Church obtaining ownership, the City of Clinton enjoyed
ownership of a 50 foot easement, Deerfield Drive, which ran through the
center of the property. In order for the church to utilize the property for
construction of new facilities, the church requested the city abandon
Deerfield Drive, and agreed to swap with the City of Clinton, the 50 foot
easement through the center of the property for another 50 foot easement
along the western boundary of the property. Additionally, instead of a
simple swap, a new easement in lieu of the original easement, the City of
Clinton received a Warranty Deed for the 50 foot strip of land along the
western boundary.
Another factor is the adjoining property west of the present 50 foot
easement is being developed as a residential subdivision. The back of the
lots adjoin to this easement, and thus by city ordinance and code, the
450 IGH STREET - POST OFFICE BOX 220 - JACKSON, MISSISSIPPI 39205-0220
TELEPHONE (601) 359-3680 - FACSIMILE (601) 359-3796

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