HomeMy WebLinkAboutOrd.4956.04-17-2017 BILL NO. 17-43 ORDINANCE NO. 070
AN ORDINANCE ANNEXING UNINCORPORATED LAND INTO
THE CITY LIMITS OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, LOCATED AT 484 LIMBAUGH LANE, UPON THE
REQUEST OF THOMAS DREW FITZGERALD AND BARBARA ANN
FITZGERALD
WHEREAS, Thomas Drew Fitzgerald and Barbara Ann Fitzgerald
have presented to the City Council of Cape Girardeau, Missouri,
their Verified Petition requesting annexation as the owners of
all fee interest of record of a certain tract of land which they
propose to be annexed to the City of Cape Girardeau, Missouri;
and
WHEREAS, a public hearing was held on March 20, 2017, 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 Thomas Drew Fitzgerald and
Barbara Ann Fitzgerald, and more particularly described as
follows:
484 Limbaugh Lane
A parcel of land containing 11 . 63 acres, more or less,
3 . 0 acres, more or less, are located along the south
side of the Southeast Quarter of the Southwest Quarter
of Section 15, and 8 . 63 acres are located in the North
part of the Northeast Quarter of the Northwest Quarter
of Section 22, all in Township 31 North, Range 13
East, and described as follows: Start at a stone at
the Southwest corner of the Northeast Quarter of the
Northwest Quarter of said Section 22; thence North
along the West line of said Quarter Quarter, 706 . 5
feet for the point of beginning; thence continue North
along said West line, 599 . 3 feet to the Northwest
corner of the aforesaid Quarter Quarter; thence
continue north along the west line of the Southeast
Quarter of the Southwest Quarter of said Section 15,
165. 7 feet for a corner; thence South 87° 06' East,
1315 . 8 feet for a corner in the east line of said
Southeast Quarter of the Southwest Quarter of Section
15; thence South along said East line, 99. 0 feet to
the Northeast corner of the Northeast Quarter of the
Northwest Quarter of Section 22; thence South 67° 30 '
West 151 . 6 feet; thence South 89° 0 ' West 136 . 5 feet;
thence South 75° 0' West 157 . 0 feet; thence South 66°
15 ' West 96 . 0 feet; thence South 50° 30 ' West 209. 8
feet; thence South 52° 0' West 309. 0 feet; thence
South 65° 0 ' West 97 . 5 feet; thence South 64° 0 ' West
93 . 0 feet; thence South 71° 31 ' West 123 . 0 feet;
thence South 82° 0 ' West 105 . 09 feet to the point of
beginning.
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 1\W a
DAY OF Vtai , 2017 .
61 C
Harry E. Rediger, Mayor
ATTEST:T�
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Bruce Tay r, Deputy City Clerk X4 -t, .,
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Sanitary Lines Created by: Development Services
Cape Girardeau City Limits
March, 2017