HomeMy WebLinkAboutRes.2988.05-16-2016BILL NO. 16-91
RESOLUTION NO. 99S'
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION
PETITION FROM NORWALD, INC., AND SETTING A PUBLIC
HEARING REGARDING THE PROPOSED ANNEXATION
WHEREAS, a Petition for voluntary annexation has been presented
to the City Council of Cape Girardeau, Missouri, requesting that
certain property be annexed into the City of Cape Girardeau,
Missouri; and
WHEREAS, the Petition has been presented in accordance with
Chapter 71.012 Revised Statutes of Missouri, which statute provides
for voluntary annexation upon request of the affected property
owners; and
WHEREAS, it is the desire of the City Council of Cape
Girardeau, Missouri, to consider whether such areas should be
annexed into the City of Cape Girardeau.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. That the City Council of Cape Girardeau, Missouri,
hereby accepts and receives a Petition for voluntary annexation of
rartain real estate. described as follows:
THAT PART OF FRACTIONAL SECTION 3 AND FRACTIONAL SECTION
10, ALL IN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH
PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE
OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Begin at a found stone at the Northwest Corner of said
Fractional Section 10, said point also being on the East
line of USPS 790; thence along said East line, North
04036' 59" East, 669.86 feet to a point on the South Right
of Way line of LaSalle Avenue; thence leaving said East
line and along said South Right of Way line and along the
arc of a non -tangent curve to the Southeast, being concave
to the Southwest, having a radius of 1565.00 feet, a
distance of 494.32 feet (the chord of said arc bears South
84°00'19" East, 492.27 feet); thence leaving said South
Right of Way line, South 04°45'44" West, 322.43 feet;
thence south 01 °29'01" West, 378.24 feet; thence North
88°28'36" West, 512.72 feet to a point on the East line of
USPS 790; thence along said East line, North 04036'59"
East, 69.75 feet to the point of beginning and containing
1
8.365 acres, more or less, being subject to any easements
of record.
ARTICLE 2. Be it further resolved that in accordance with
Chapter 71.012 RSMo it is now ordered that a public hearing be set
for June 20, 2016, at which hearing any interested person,
corporation or political subdivision may present evidence regarding
the proposed annexation.
ARTICLE 3. It is further resolved that notice of said public
hearing be published in a newspaper of general circulation qualified
to publish legal matters not less than seven (7) days prior to June
20, 2016.
PASSED AND ADOPTED THIS \\ Y' DAY OF 2016.
Harry E. Rediger, Mayor
ATTEST:
tluc e - Ta -y
rucy r, Deputy City Clerk
2
IN RE: ANNEXATION
NORWALD, INC.
Petitioner.
1. Comes now Norwald, Inc., a Missouri Corporation, and states that it is the owner of all fee interest of record of
the following described real property, being in Cape Girardeau County, Missouri:
THAT PART OF FRACTIONAL SECTION 3 AND FRACTIONAL SECTION 10, ALL IN
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Begin at a found stone at the Northwest Corner of said Fractional Section 10, said point also being
on the East line of USPS 790; thence along said East line, North 04°36'59" East, 669.86 feet to a
point on the South Right of Way line of LaSalle Avenue; thence leaving said East line and along
said South Right of Way line and along the arc of a non -tangent curve to the Southeast, being
concave to the Southwest, having a radius of 1565.00 feet, a distance of 494.32 feet (the chord of
said are bears South 84°00'19" East, 492.27 feet); thence leaving said South Right of Way line,
South 04°45'44" West, 322.43 feet; thence south 01°29'01" West, 378.24 feet; thence North
88°28'36" West, 512.72 feet to a point on the East line of USPS 790; thence along said East line,
North 04°36'59" East, 69.75 feet to the point of beginning and containing 8.365 acres, more or less,
being subject to any easements of record.
2. Norwald, Inc. does hereby petition to have the above described real property annexed to and included within
the city limits of the City of Cape Girardeau, Missouri.
3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners, their
heirs, executors, administrators, successors, assigns, and legal representatives. It is understood that this
instrument will be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri and
shall be of record.
WHEREFORE, Norwald, Inc. agrees that the City Council of the City of Cape Girardeau, Missouri, should
extend the limits of the City of Cape Girardeau, Missouri, by ordinance to include the above described real
property, taking whatever action necessary to facilitate said annexation so as to include said real property within the
city limits of the City of Cape Girardeau, Missouri.
IN WITNESS WHEREOF, the undersigned has executed this Petition this o9 day ofMa_2016.
NORWALD, INC.
Hertha Russell, Presi ent
Page 1 of 2
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU
BE IT REMEMBERED, that on this r, q day of mll�j _, 2016, before me, the undersigned notary
public, personally appeared Hertha Russell, who, being by me' duly sworn, did state that she is the President of
Norwald, Inc., a Missouri Corporation, and that she is authorized to execute the foregoing instrument on behalf of
said Corporation, and acknowledged said instrument to be the free act and deed of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County
aforesaid, the date first above written.
Notary 'Public
Name/My Commission Expires:
Kn
LINDA KOENI�l
Notary Public -.Notary Seat
Conerrussi State of Missoul
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0 state Of Missouri
M M j
COMMISSIO�ned for Cape Girardeau County
Commission M
y C 0 mission E)(pires: June 20, 2016
M ssion r JG
Conn �n�
E0 miss! n Nqrn er: 1 12769 �
Page 2 of 2
Proposed Annexation
Part of Future Rock Gardens Subdivision (LaSalle Avenue)
Norwald, Inc.
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Legend
® Area to be Annexed
City Limits
Parcels
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CITYOf CAPE
G I R A R D E A U
Created
by: Development Services
Ryan Shrimplin
May 9, 2016
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290 580 Feet
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Legend
® Area to be Annexed
City Limits
Parcels