HomeMy WebLinkAboutOrd.4341.08-06-2012 BILL NO. 12-82 ORDINANCE NO. �
AN ORDINANCE ANNEXING UNINCORPORATED LAND INTO
THE CITY LIMITS OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, UPON THE REQUEST OF VARIOUS PROPERTY
OWNERS
WHEREAS, Quentin and Kimberly Kasten; Ricky and Brenda
Renfroe; Franklin and Omayra Hayward; Jerome and Bernice Ziegler;
William and Laura Bennett; Gary and Janet Benesh; Daniel and Hilda
Alvarez; Mark and Lori Schutte; William and Sharon Vied; Michael
and Nancy Buchanan; Nirmal and Jayanti Samanta; Greg and Gina
Laurentius; Franz and Mary Meier; Rocky and Angela Francis; Barbara
Osborne; Shannon Kirchoff; Michael Jessup; Terry Mungle; Gary G.
Stanley Trust; John and Jody Taylor; and Ervin and Elizabeth
Jessup, 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 various tracts of land
which they propose to be annexed to the City of Cape Girardeau,
Missouri; and
WHEREAS, public hearing was held on June 18, 2012, 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-wit :
1
QUENTIN AND KIMBERLY KASTEN - 141 ASHLEY DRIVE
Lot Six (6) of Wild Horse Creek Ranch (West) Unit I
Subdivision in Cape Girardeau County, Missouri, as shown
by plat recorded in Plat Book 17 at page 58 .
RICKY M. AND BRENDA A. RENFROE - 164 ASHLEY DRIVE
Part of Lot Seven (7) of Wild Horse Creek Ranch (West)
Unit I Subdivision in Cape Girardeau County, Missouri, as
shown by plat recorded in Plat Book 17 at page 58,
described as follows :
Commence at the Southwest corner of said Lot 7; thence
North 89° 13' East along the South line of said Lot 7 ;
90 . 72 feet to the point of beginning; thence North 00 47'
00" West, 459 . 04 feet; thence North 65047' 18" West,
275 . 09 feet to the most Northerly Northeast corner of Lot
3 of said subdivision; thence North 24 ° 42' 42" East,
141 . 69 feet; thence North 2° 42' 42" East, 63 . 44 feet to
the most Northerly Northwest corner of said Lot 7; thence
South 720 46' 04" East along the North line of said Lot
7, 388 . 82 feet to the Northeast corner of said Lot 7 ;
thence South 0047' 00" East along the East line of said
Lot 7, 646. 27 feet to the Southeast corner of said Lot 7;
thence South 890 13' 00" West, along the South line of
said Lot 7, 185 . 28 feet to the point of beginning.
Containing 4 . 00 acres, more or less .
FRANKLIN AND OMAYRA HAYWARD - 191 ASHLEY DRIVE
Lot Thirteen (13) of Wild Horse Creek Ranch (West) Unit 2
Subdivision in the County of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 18 at page 88 .
JEROME AND BERNICE ZIEGLER - 232 ASHLEY DRIVE
Lot Eight (8) of Wild Horse Creek Ranch West Unit II
Subdivision in the County of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 18 at page 88 .
WILLIAM D. AND LAURA B. BENNETT - 258 ASHLEY DRIVE
Lot Nine (9) of Wild Horse Creek Ranch West Unit II
Subdivision in the County of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 18 at page 88 .
GARY AND JANET BENESH - 315 ASHLEY DRIVE
All of Lot Numbered Twelve (12) in Wild Horse Ranch
(West) Subdivision Unit 2 in the County of Cape
2
Girardeau, as shown by Plat recorded in Plat Book 18 at
Page 88, land records of Cape Girardeau County, Missouri.
DANIEL AND HILDA ALVAREZ - 323 ASHLEY DRIVE
Lot Sixteen (16) and Lot Eleven (11) of Wild Horse Creek
Ranch (West) Subdivision Unit 2 in the County of Cape
Girardeau, Missouri, as shown by Plat recorded in Plat
Book 18 at Page 88, land records of Cape Girardeau,
Missouri .
MARK E. AND LORI K. SCHUTTE - 326 ASHLEY DRIVE
Lot Ten (10) of Wild Horse Creek Range West Unit II
Subdivision in the County of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 18 at Page 88 .
MICHAEL B. AND NANCY E. BUCHANAN - 221 BRANDY LANE
Tract l;
Lot Three (3) of Wild Horse Ranch (West) Subdivision Unit
I in the County of Cape Girardeau, Missouri, as shown by
Plat recorded in Plat Book 17 at Page 58, land records of
Cape Girardeau, Missouri .
Tract 2 :
Part of Lot Seven (7) of Wild Horse Creek Ranch (West)
Unit I Subdivision in Cape Girardeau County, Missouri, as
shown by plat recorded in Plat Book 17 at Page 58,
described as follows : Begin at the southwest corner of
said Lot 7 ; thence North 00 47' 00" West along the west
line of said Lot 7, 501 . 33 feet to the northeast corner
of Lot 3 of said subdivision; thence South 650 47' 18"
East, 100 . 09 feet; thence South 0° 47' 00" East, 459 . 04
feet to the south line of said Lot 7; thence South 890
13' West along said south line 90. 72 feet to the point of
beginning.
NIRMAL AND JAYANTI SAMANTA - 250 BRANDY LANE
All of Lot Five (5) of Wild Horse Ranch (West)
Subdivision Unit 1 in the County of Cape Girardeau
Missouri, as shown by Plat recorded in Plat Book 17 at
page 58, land records of Cape Girardeau County, Missouri.
GREGORY J. AND GINA A. LAURENTIUS - 267 BRANDY LANE
All of Lot 2 of Wild Horse Ranch (West) Subdivision Unit
I in the County of Cape Girardeau, Missouri, as shown by
Plat recorded in Plat Book 17 at Page 58, land records of
Cape Girardeau, Missouri .
3
FRANZ A. AND MARY M. MEIER - 276 BRANDY LANE
A PART OF THE NE 1/ 4 OF SECTION 10, TOWNSHIP 31 NORTH,
RANGE 13 EAST IN CAPE GIRARDEAU COUNTY, MISSOURI
CONTAINING 5 . 52 ACRES (MORE OR LESS) DESCRIBED AS
FOLLOWS :
Begin at the SW Corner of the NE 1 / 4 of said Section
10; thence N 1° 49' 42" E along the 1 / 4 Section Line,
630 . 85 feet; thence N 89° 13' E, 314 . 87 feet; thence N 1°
49' 42" E, 24 . 03 feet; thence N 89° 13' E, 191 . 81 feet;
thence S 10 49' 42" W, 29. 36 feet to the Point of Curve
to a Curve to the Left having a Radius of 156. 28 feet;
thence southeasterly along the arc of said Curve to the
Left, 216. 87 feet to the Point of Tangent; thence S 77 °
40' 59" E, 202 . 73 feet; thence S 120 19' 01" W, 40 . 0
feet; thence N 770 40' 59" W, 325 . 33 feet; thence S 1°
49' 42" W. 60 . 0 feet; thence S 520 16' 53" W, 656. 39 feet
to the Point of Beginning.
ROCKY NOLAN AND ANGELA RENEE FRANCIS - 1458 COUNTY ROAD
618
That part of the Northeast Quarter of Section 10,
Township 31 North, Range 13 East of the Fifth Principal
Meridian described as follows :
Commence at a 1 / 2" Iron Rod at the Northeast Corner of
said Section 10, thence South 000 15' 30" East, along the
Section line, 914 . 22 feet to the place of beginning;
thence continue South 00° 15' 30" East, a distance of
396. 75 feet to the Centerline of County Road #618; North
850 43' 38" West, a distance of 155. 69 feet; thence North
890 56' 48" West, 110 . 84 feet to the Intersection of said
Centerline of County Road #618 with the Centerline of a
Creek; thence along said Creek Centerline, North 29° 05'
07" West, a distance of 272 . 88 feet; thence North 230 47'
31" West, a distance of 157 . 92 feet; thence departing
from said Creek Centerline, North 890 44' 30" East, a
distance of 460 . 68 feet to the place of beginning,
containing 3 . 272 acres, in Cape Girardeau County,
Missouri, excluding that portion lying in the right-of-
way of County Road #618 .
BARBARA J. OSBORNE - 1537 COUNTY ROAD 618
Lot Fifteen (15) of Wild Horse Creek Ranch (West) Unit 2
Subdivision in the County of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 18 at Page 88 .
4
SHANON T. AND JENNIFER A. KIRCHHOFF - 1589 COUNTY ROAD
618
Lot Fourteen (14) of Wild Horse Creek Ranch (West) Unit 2
Subdivision in the County of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 18 at Page 88 .
MICHAEL J. JESSUP - 1632 COUNTY ROAD 618
Parcel No. 1 : PART OF THE NE 1/ OF SECTION 10, TOWNSHIP
31 NORTH, RANGE 13 EAST IN CAPE GIRARDEAU COUNTY,
MISSOURI CONTAINING 50 . 000 ACRES (MORE OR LESS) ,
DESCRIBED AS FOLLOWS : Commence at the SW corner of the
NE 1-4 of said Section 10; thence N O1° 49' 24" E along the
1-4-Section Line, 1040 . . 56 feet to the center of County
Road No. 618 for the Point of Beginning; thence continue
N O1° 49' 24" E along the 1-4-Section Line, 1668 . 83 feet;
thence N 89° 22' 07" E, 1233 . 61 feet; thence S 000 15'
30" E, 1620. 17 feet to the center of said County Road No.
618; thence along and with said Road centerline thusly;
thence S 580 38' 03" W, 43. 14 feet; thence S 670 58' 03"
W, 115 . 37 feet; thence S 770 58' 03" W, 153 . 45 feet;
thence S 810 58' 03" W, 298 . 56 feet; thence S 86° 48' 03"
W, 117 . 11 feet; thence N 870 11' 57" E, 350 . 35 feet;
thence N 770 34' 57" W, 134 . 76 feet; thence N 70° 04' 57"
W, 112 . 88 feet to the Point of Beginning, excluding that
portion lying in the right-of-way of County Road 618 .
Parcel No. 2 : PART OF THE NE 1/ OF SECTION 10, TOWNSHIP
31 NORTH, RANGE 13 EAST IN CAPE GIRARDEAU COUNTY,
MISSOURI CONTAINING 39 . 820 ACRES (MORE OR LESS) ,
DESCRIBED AS FOLLOWS : Commence at the SW corner of the
NE 1/ of said Section 10; thence N O1° 49' 24" E along the
�,4-Section line, 2709 . 39 feet; thence N 89° 22' 07" E,
1233. 61 feet for the Point of Beginning; thence continue
N 890 22' 07" E, 1301 . 38 feet for the NW corner of a
parcel described in Book 136, Page 456; thence S 45° 26'
42" E, 56. 38 feet; thence S 000 15' 30" E parallel to the
East Line of said Section 10, 1268 . 40 feet to the center
of County Road No. 618; thence along and with said Road
centerline thusly; thence N 850 43' 38" W, 125 . 6 feet;
thence N 89° 56' 48" W, 417 . 18 feet; thence S 860 38' 03"
W, 86. 1 feet; thence N 220 38' 19" W and leaving said
Road, 504 . 16 feet; thence S 67° 21' 41" W, 166. 32 feet;
thence S 140 45' 27" E, 464 . 65 feet to the center of said
County Road No. 618 ; thence S 640 38' 03" W along said
Road centerline, 88 . 11 feet; thence S 580 38' 03" W along
said Road centerline, 471 . 61 feet; thence N 000 15' 30" W
and leaving said Road, 1620 . 17 feet to the Point of
5
Beginning, excluding that portion lying in the right-of-
way of County Road 618 .
Except that portion deeded to Terry Mungle and Kay Lyn
Mayfield Mungle (as referenced in Cape Girardeau County
Deed Book 1083, Page 123; Deed Book 1113, Page 398; and
Document No. 2007-08625) ; the Terry Clenton Mayfield
Trust (as referenced in Cape Girardeau County Document
No. 2007-08624) ; Ervin and Elizabeth Jessup (as
referenced in Cape Girardeau County Deed Book 904, Page
623) ; John and Jody Taylor (as referenced in Cape
Girardeau County Deed Book 771, Page 694 ) ; Rocky and
Angela Francis (as referenced in Cape Girardeau County
Deed Book 771, Page 338) ; and Danny and Lois Conklin (as
referenced in Cape Girardeau County Deed Book 654 , Page
771; and Deed Book 832, Page 031) .
TERRY CLENTON AND KAY LYN MAYFIELD MUNGLE - 1850 COUNTY
ROAD 618
That part of the Northeast Quarter of Section 10,
Township 31 North, Range 13 East, of the Fifth Principal
Meridian described as follows :
Commence at a 1 ',� " Iron Pipe at the East Quarter of
Corner of said Section 10; thence South 890 13' 00" West,
along the Quarter of Section Line, 2, 703 . 70 feet to a
Stone at the Southwest corner of said Northeast Quarter;
thence North 01° 49' 42" East, along the West line
thereof, 1, 040 . 56 feet to the Centerline of County Road
#618; thence along said centerline with the following
courses: South 700 04' 57" East, 112 . 88 feet; South 770
34' 57" East, 134 . 76 feet; South 870 11' 57" East 115 . 80
feet to the place of beginning; thence continue South 87°
11' 57" East, 234 . 55 feet; thence North 860 48' 03" East,
117 . 11 feet; thence North 810 58' 03" East, 67 . 30 feet;
thence departing from said centerline North 29° 46'
33 "West, 285 . 93 feet to a '-� " Iron Rod; thence North 370
32' 34" West, 149. 56 feet to a ',� " Iron Rod; thence North
64 ° 51' 57" West, 107 . 22 feet to a -z " Iron Rod; thence
North 73° 14' 24" West, 100 . 24 feet to a '-� " Iron Rod;
thence North 890 33' 49" West, 53 . 18 feet to a ',� " Iron
Rod; thence South 090 46' 44" East, 351 . 22 feet to a
Iron Rod; thence South 010 04' 22" East, 100 . 00 feet to
the place of beginning, in Cape Girardeau County,
Missouri, excluding that portion lying in the right-of-
way of County Road 618 .
GARY G. STANLEY INTERVIVOS REVOCABLE TRUST 1998 UTA
8/18/98, AS AMENDED - 2000 COUNTY ROAD 618
6
All of that part of Fractional Section 10 in Township 31
North, Range 13 East of the Fifth Principal Meridian in
the County of Cape Girardeau, State of Missouri, and more
particularly described as follows : Commence at a found
stone with a cut cross marking the intersection of the
north line of Fractional Section 10 and the east line of
U. S . P. S . No. 790; thence South along the east line of
said U . S . P. S . No. 790 (also the west line of Fractional
Section 10) , 040 58' 46" West, 69 . 78 feet to a found ',�
inch iron rod; thence South 880 28' 29" East, 1257 . 62
feet to a found =-� inch diameter iron rod; thence South
O10 21' 28" West, 1033 . 73 feet to the point of beginning;
thence South 010 21' 28" West, 589 . 64 feet to a found
rail road spike in the center of County Road No. 618,
being the southwest corner of a tract described in Deed
Book 788 at Page 581 of the land records of said county;
thence with the center of said County Road No. 618, North
66° 42' 44" West, 380 . 49 feet; thence along the arc of a
curve to the left, having a radius of 450 . 00 feet, a
distance of 112 . 47 feet; thence leaving said County Road,
North 010 21' 28" East, 219. 16 feet; thence North 670 56'
52" East, 502 . 82 feet to the point of beginning and
containing 4 . 22 acres, more or less, excluding that
portion lying in the right-of-way of County Road 618 .
JOHN W. AND JODY E. TAYLOR - 231 SANDIA LANE
That part of the Northeast Quarter of Section 10,
Township 31 North, Range 13 East of the Fifth Principal
Meridian described as follows :
Commence at the Northeast corner of said Section 10;
thence South 000 15' 30" East, along the East line of
said Section 10, a distance of 426. 36 feet to the place
of beginning; thence continue South 000 15' 30" East, a
distance of 487 . 86 feet; thence South 890 44' 30" West, a
distance of 460 . 68 feet to the centerline of a Creek;
thence along said centerline with the following courses:
North 23° 47' 31" West, a distance of 60 . 66 feet; North
270 00' 25" West, a distance of 155 . 34 feet; North 230
24' 26" West, a distance of 109 . 02 feet; North 060 50'
23" West, a distance of 119 . 22 feet; North 41° 36' 50"
West, a distance of 89. 93 feet; North 490 03' 34" West, a
distance of 11 . 17 feet; thence departing from said
centerline, North 890 44' 30" East, a distance of 679 . 15
feet to the place of beginning, containing 6 . 336 acres,
in Cape Girardeau County, Missouri .
ERVIN L. AND ELIZABETH JESSUP - 331 SANDIA LANE
7
That part of the Northeast Quarter of Section 10,
Township 31 North, Range 13 East, of the Fifth Principal
Meridian described as follows :
Beginning at a 5 / 8 " Iron Rod at the Northeast corner
of said Section 10; thence South 89° 22' 07" West, along
the North line of a parcel described in Book 685 at Page
967 of the Land Records of Cape Girardeau County,
Missouri, a distance of 860 . 07 feet to the centerline of
a Creek; thence along said Centerline with the following
courses; South 140 26' 07" East, a distance of 39 . 33
feet; South 640 56' 11" East, a distance of 126. 95 feet;
South 06° 27' 13" East, a distance of 100 . 09 feet; South
02° 12' 33" West, a distance of 182 . 10 feet; thence South
49° 03' 34" East, a distance of 71 . 19 feet; thence
departing from said Centerline, North 890 44' 30" East, a
distance of 679 . 15 feet to the East line of said Section
10; thence North 000 15' 30" West, along said East line a
distance of 426. 36 feet to the place of beginning,
containing 7 . 264 acres, in Cape Girardeau County,
Missouri .
Except that part conveyed to Jess O. Millikan and Julia
E. Millikan, by Quit Claim Deed recorded in Book 136 at
page 456, land records of Cape Girardeau County,
Missouri .
WILLIAM D. AND SHARON L. VIED - 2522 BOUTIN DRIVE
All of Lot 11 except for the North twenty (20) feet of
LaCroix Industrial Park Subdivision, in the County of
Cape Girardeau, Missouri as shown by a Plat recorded in
Plat Book 10 at Page 43 .
ARTICLE 2. That the City Council of Cape Girardeau, Missouri,
does hereby find and determine that the annexation of the tracts 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 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.
8
ARTICLE 4. 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 5. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval .
PASSED AND APPROVED THIS DAY OF 2012 .
,17
N-&-fry E. Re ger, Mayor
ATTEST:
Gayl Conrad
City Clerk may/ c�G
THE UN10P1
9