The URL can be used to link to this page

Home My WebLink AboutOrd.3990.01-05-2009 BILL NO. 08-193 ORDINANCE NO.�9go AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF NAB AUTOMATION, INC. WHEREAS, NAB AUTOMATION, 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 December 15, 2008, 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 hereinbeloxv, to-wit: A certain tract of land owned by NAB Automation, Inc. and more particularly described as follows: NAB AUTOMATION, INC. Part of the West One Half of the Southeast Quarter, Section 26, Township 30 North, Range 13 East, Fifth Principal Meridian, County of Scott, State of Missouri, described as follows: Start at the southwest corner of the Southeast Quarter of said Section 26, being at the intersection of the centerline of Little River Drainage District ditches No. 1 and No. 4A; thence N 0° 25' E,with the north-south quarter section line and the center line of said Ditch No. 4A, 50.0 feet to the north line of said Ditch No. 1; thence S 88° 52' E, parallel with and 50 feet north of the south line of said Section 26 and along the north line of said Ditch No. 1, 50.0 feet to the east line of said Ditch No. 4A; marked by a 6" x 6" concrete monument; thence N 00° 25' E, parallel with and 50 feet east of the north-south quarter section line and along the east line of said Ditch No. 4A, 1461.66 feet; thence S 88° 52' E, parallel with the south line of Section 26, 533.86 feet to a '/z" dia. metal rod, for the point of beginning; thence continue S 88' 52' E, parallel to the south line of said Section 26, 200.0 feet to a '/z" dia. metal rod on the West line of the Outer Road to the Cape Girardeau Municipal Airport; thence Southeasterly with said west line and with a spiral transition curve to the left with a k value of 1' 55',(chord S 360 53' E), 240.0 feet to a 1/2" dia. metal rod; thence S 53' 07'W, 98.9 feet to a 1/2" dia. metal rod; thence N 88° 52'W, parallel with the south line of said Section 26, 269.9 feet to a '/z" dia. metal rod; thence N 1* 08' E, 250.0 feet to the point of beginning and containing 1.62 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 by appropriate Petition. PASSED AND APPROVED THIS DAY OF V . 200 &Tuds!ton, Mayor ATTEST: Clerk to � 0 v THE IIN" Lir.,. S F,A, STATE OF MISSOURI ss ` County of Scott, I hereby certify that this instrument Filed for ROCOrd was FILED FOR RECORD at the date and time shown hereon and ' ' s ecorded In FEB 2 02009Book. C.e. �. ... Pa e . '0 ....... . TOM R. DIRNB R ,,,,��► Recorder of Deeds I . R.EC.0R . f .mak DER OF .�� .COVER P Title of Document: Aran xation Agreement* Date of Document: Ja.nurY . .2009. s Grantor(s) Dame & Address: .NA . Automation,-. inc, 126.A[rport :C oad Qapp Girardeau-, MO -63.703 Grantee(s) Name & A.ddress: -City-6f Ca O.- irardeau Division'. Of. Pla'nning'-Services. 401 Independence. Street t Capp` irardeau, MO. 63703. Legal Description: See'page Reference Book & Pa c,.•ifRequired:, 40 L (l(j92PAG Eut'14g CITY OF CAPE GIRARDEAU Office of the City Manager COUNTY OF CAPE GIRARDEAU ) ) SS. STATE OF MISSOURI ) 401 Independence P. O. Box 617 Cape Girardeau, MO 63702-0617 Telephone (573) 334-1212 Fax (573) 335-7946 I, Gayle L. Conrad, duly qualified and acting City Clerk for the City of Cape Girardeau, Missouri, a Missouri municipal corporation, hereby certify that the attached is a true and correct copy of Ordinance No. 3990, approved and adopted January 5, 2009, by the City Council of the City of Cape Girardeau, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of February, 2009. CO. Tie L. Conrad, it VOL. 0 6 9 2' PAGE 014 9 BILL NO. 08-193 ORDINANCE NO.-�q! � AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEALJ, MISSOURI, UPON THE REQUEST OF NAB AUTOMATION, INC. WHEREAS, NAB AUTOMATION, 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 December 15, 2008, 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: A certain tract of land owned. by NAB Automa, on, Inc. and more particularly described as follows: NAB AUTOMATION, INC. Part of the West One Half of the Southeast Quarter, Section 26, Township 30 North, Range 13 East, Fifth Principal Meridian, County of Scott, State of Missouri, described as follows: Start at the southwest corner of the Southeast Quarter of said Section 26, being at the intersection of the centerline of Little River Drainage. District ditches No. 1 and No. 4A; thence N 0° 25' E, with the north -south quarter section line and the center line of said Ditch No. 4A, 50.0 feet to the north line of said Ditch No. 1; thence S 88° 52' E, parallel with and 50 feet north of the south line of said Section 26 and along the north line. of said Ditch No. 1, 50.0 feet to the east line of said Ditch No. 4A; marked by a 6" x 6" concrete monument; thence N 00° 25' E, parallel with and 50 feet east of the VOL. (I(j9:94PAGE U1bO n9# -south quarter section line and along the east line of said Ditch No. 4A, 1461.66 feet; thence S 88° 2' E, parallel with the south line of Section 26, 533.86 feet to a '/z" dia. metal rod, for the point of beginning; thence continue 8$°==+52' E, parallel to the south line of said Section 26, 200.0 feet to a 1/2" dia. metal rod on the West line of the Outer Road to the Cape Girardeau Municipal Airport; thence Southeasterly with said west line and with a spiral transition curve to the left with a k value of 1° 55',(chord S 36° 53'E), 240.0 feet to a'/2" dia. metal rod; thence S 53° 07' W, 98.9 feet to a 1/2" dia. metal rod; thence N 88° 52'W, parallel with the south line of said Section 26, 269.9 feet to a 1/2" dia. metal rod; thence N 10 08' E, 250.0 feet to the point of beginning and containing 1.62 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 by appropriate Petition. n PASSED AND APPROVED THIS _ DAY OF , 20 e000--� &jayudston, Mayor ATTEST: -T fiF ii P'IV �n VOL. 0 U 9 2 PAGE 0 15-1