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HomeMy WebLinkAboutOrd.4123.05-03-2010 BILL INTO. 10- 52 ORDINANCE NO. il/aL3 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF JONAH T. AND MARGARET A. YATES WHEREAS,JONAH T. AND MARGARET YATES. have 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 April 5, 2010, 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 Jonah T. and Margaret A. Yates and more particularly described as follows: JONAH T AND MARGARET A. YATES That part of the Southeast Quarter of the Southwest Quarter of Section 13, Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri described as follows: Begin at the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 13, said corner being marked by a found stone; thence with the South line said Section 13, North 89° 37' 00" West, 558.54 feet; thence leaving said South line, North 2° 13' 24" East, 255.81 feet; thence South 85° 21' 45" East, 555.99 feet to a point on the Quarter Section Line of said Section 13; thence with said Quarter Section Line, South 10 29' 14" West, 214.47 feet to the Point of Beginning, and containing 3.00 acres more or less. 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 byopriate Petition.. PASSED AND APPROVED THIS DAY OF ) 20/0 el!54� f CsyRP-AIR Harry E. Rediger, Mayor ATTEST: rA ?AJ0 1�4 �� @ -4a THE UNION 4 Gayleonrad, City Clerk # SEA1.