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HomeMy WebLinkAboutOrd.4260.08-15-2011 BILL NO. 11- 126 ORDINANCE NO. T � AN ORDINANCE ANNEXING LAND ON COUGAR RUN TO THE CITY OF CAPE GIRARDEAU,MISSOURI,UPON THE REQUEST OF MATTHEW AND MICHELE RUBEL AND TERRY AND MARL A MILLS WHEREAS,Matthew and Michele Rubel and Terry and Marla Mills have presented to the City Council of Cape Girardeau,Missouri,its Verified Petitions requesting annexation as the owners of all fee interest of record of certain tracts of land which they propose to be annexed to the City of Cape Girardeau,Missouri;and WHEREAS, a public hearing was held on July 5, 2011, 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 hereinbelow, to-Ivit: A certain tract of land owned by Matthew and Michele Rubel and Terry and Marla Mills and more particularly described as follows: MATTHEW AND MICHELE RUBEL That part of U.S.P. Survey No. 787, Township 30 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the northwest corner of Lot No. 5 of River Forest Subdivision, a subdivision in the County of Cape Girardeau, Missouri, recorded in the Land Records of said Cape Girardeau County in Plat Book 15 at page 65; thence South 32° 28' 00" West with the west line of said subdivision, a distance of 471.25 feet to the Place of Beginning; thence continue South 320 28' 00" West, 136.08 feet to the northeast corner of a tract described in Deed Book 635 at page 246 of the Land Records of said County; thence North 57° 32' 00" West, 385.53 feet; thence North 29° 35' 51" East, 136.25 feet; thence South 570 32' 00" East, 392.35 feet to the Place of Beginning. TERRY AND MARL.A MILLS Part of Survey 787,Township 30 North, Range 13 East in the County of Cape Girardeau, Nfissouri, described as follows: Commence at the northeast corner of Survey 679, said point being on the south line of Survey 175 and the west line of Survey 174, Township 30 North, Range 13 East; thence North 84 degrees 00' West along the south line of Survey 175, 1198.70 feet; thence North 6 degrees 00' East, 384.81 feet; thence North 83 degrees 22'Nest, 801.30 feet to a point in the Old Bloomfield-Cape Girardeau Road; thence with the center of said road, South 41 degrees 55' West, 28.60 feet; thence South 31 degrees 07' Nest, 204.10 feet; thence South 37 degrees 13' West, 158.2 feet; thence South 75 degrees 37' West, 134.32 feet; thence South 47 degrees 20' West, 1566.75 feet to a point in the present Bloomfield-Cape Girardeau Road; thence with the center of said road, South 32 degrees 02' West 452.45 feet; thence South 29 degrees 33' Nest, 284.19 feet; thence North 54 degrees 38'West, 25.0 feet to a point on the northwesterly line of said road; thence North 84 degrees 17'West, 539.59 feet; thence South 32 degrees 28' 00" Nest, 335.18 feet to the point of beginning; thence continue South 32 degrees 28'00"West, 136.08 feet; thence north 57 degrees 32'00"Nest, 392.35 feet; thence North 29 degrees 35' 50" East, 13625 feet to the southwest corner of a parcel described in Book 627, Page 271; thence South 57 degrees 32'00"East along the south line of said parcel, 399.17 feet to the point of beginning. ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. ARTICLE 3. 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 4. 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 5.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. PASSED AND APPROVED THIS /�/ DAY OF 2011. arry E. Re ger, ayor ATTEST: �br Gayle onrad,City Clerk T11T.