HomeMy WebLinkAboutOrd.4866.07-05-16 BILL NO. 16-105 ORDINANCE NO. iis6 b
AN ORDINANCE ANNEXING UNINCORPORATED LAND INTO
THE CITY LIMITS OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, LOCATED ON THE SOUTH SIDE OF LASALLE
AVENUE, EAST OF BALDWIN DRIVE, UPON THE REQUEST
OF NORWALD, INC.
WHEREAS,' Norwald, Inc . , has presented to the City Council
of Cape Girardeau, Missouri, its Verified Petition requesting
annexation as the owner of all fee interest of record of a
certain tract of land which it proposes to be annexed to the
City of Cape Girardeau, Missouri; and
WHEREAS, a public hearing was held on June 20, 2016, after
due notice was given according to Chapter 71 . 012 RSMo; and
WHEREAS, at said public hearing all interested persons were
allowed to present evidence regarding the proposed annexation;
and
WHEREAS, the City Council of Cape Girardeau has determined
that the annexation is reasonable and necessary to the proper
development of the City and, further, that the City has the
ability to furnish normal municipal services to the area to be
annexed within a reasonable time; and
WHEREAS, the City Council has determined that the property
proposed to be annexed is contiguous and compact and adjacent to
the existing corporate limits of the City of Cape Girardeau,
Missouri, and further, the land proposed to be annexed is in an
unincorporated area .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE. 1 . That the corporate limits of the City of Cape
Girardeau, Missouri, shall be extended so as to annex the
following described unincorporated area of land which is
adjacent to and contiguous and compact with the existing
corporate limits of the City of Cape Girardeau, and to extend
the limits of the city over said territory as described herein
below, to-wit :
A certain tract of land owned by Norwald, Inc . , and more
particularly 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 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 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 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.
ARTICLE 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
ARTICLE 3 . That the City Clerk is authorized and directed
to cause three (3) certified copies of this ordinance in its
final form to be filed with the Clerk of Cape Girardeau County
as provided by Section 71 . 012 RSMo.
ARTICLE 4 . That the City Council of Cape Girardeau,
Missouri, does hereby find and determine that the annexation of
the tract of land is reasonable and necessary to the proper
development of the City and further, that the City has the
ability to furnish normal municipal services to the area to be
annexed within a reasonable time . Further, the City Council of
Cape Girardeau, Missouri, finds and determines that with respect
to the land to be annexed into the City of Cape Girardeau,
Missouri, that all of the owners of all fee interest of record
have requested such annexation by appropriate Petition.
ARTICLE 5 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS f3- DAY OF A ' t , 2016 .
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Harry E . 'ediger, Mayor
ATTEST :
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•ruce Tay ,Deputy City Clerk
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Proposed Annexation
Part of Future Rock Gardens Subdivision (LaSalle Avenue)
Norwald, Inc.
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/ Created by: Development Services Legend
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May 9, 2016 ®Area to be Annexed
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