HomeMy WebLinkAboutOrd.4020.05-04-2009 BILL NO. 09- 59 ORDINANCE NO. MQ
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF JOHN A
DRURY,TRUSTEE OF THE JOHN A. DRURY REVOCABLE TRUST
AGREEMENT DATED JUNE 29, 2009,ANITA DRURY AND
MIDAMERICA HOTELS CORPORATION
WHEREAS,JOHN A. DRURY, TRUSTEE OF THE JOHN A. DRURY REVOCABLE TRUST
AGREEMENT DATED JUNE 29, 2009,ANITA DRURY AND MIDAMERICA HOTELS
CORPORATION have presented to the City Council of Cape Girardeau, Missouri, its 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 April 6, 2009, 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 John A. Drury, Trustee of the John A. Drury Revocable Trust
Agreement dated June 29, 2006, Anita Drury and Midamerica Hotels Corporation and more particularly
described as follows:
JOHN A. DRURY,TRUSTEE OF THE JOHN A. DRURY REVOCABLE TRUST AGREEMENT
DATED JUNE 29, 2006,ANITA DRURY AND MIDAMERICA HOTELS CORPORATION
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 788, TOWNSHIP 31 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN INt THE COUNTY OF CAPE
GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Southeast corner of said Survey No. 788; thence North 82°13'00: West, 715.00 feet;
thence North 11°42'00" West, 2089.70 feet, to a found iron pin, the point of beginning; thence North
02°18'15" West, 502.51 feet, to a set iron pin; thence South 83°23'55" East, 572.87 feet, to a set iron
pin; thence South 19°58'34" East, 56.36 feet, to a set iron pin; thence South 05°38'00" West, 437.19
feet, to a set rod; thence North 84°22'00" West, 527.75 feet to the point of beginning, and containing
6.34 acres, more or less, as shown on the accompanying plat.
MIDAMERICA HOTELS CORPORATION
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 788, TOWNSHIP 31 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 Southeast corner of said Survey No. 788; thence North 82°13'00: West, 715.00 feet;
thence North 11°42'00" West, 2089.70 feet, to a found iron pin; thence North 02°18'15" West, 956.70
feet, to a found iron pin; thence South 76°41'15" West, 66.00 feet, to a found iron pin; thence North
88°18'15" West, 396.00 feet, to a found iron pin; thence North 75°11'08" West, 415.38 feet to a found
iron pin; thence North 58°15'47" West, 207.28 feet, to a found iron pin; thence North 26°41'13" East,
56.00 feet, to a point on the south line of Cape La Croix Road (County Road No. 620) the point of
beginning; thence in a Southeast direction along the arc of a non-tangent curve concave to the
northeast and having a radius of 603.70 feet, a distance of 454.54 feet, (the chord of said arc bears
South 74°27'22" East, 443.88 feet; thence South 89°16'48" East, 878.54 feet; thence along the arc of a
curve to the right, and being concave to the southwest, with a radius of 1880.00 feet, a distance of
1028.63 feet, to a found iron pin; thence North 34°45'43" East, 30.00 feet, to a point on the center
line of said Cape La Croix Road (County Road No. 620) thence in a northwest direction along the arc
of a curve concave to the southwest, and having a radius of 1910 00 feet, a distance of 1046.39 feet,
(the chord of said arc bears North 70°55'58" West, 1033.35 feet); thence North 89°16'48" West,
882.16 feet; thence along the arc of a non tangent curve concave to the northeast, and having a radius
of 573.70 feet, a distance of 431.95 feet, (the chord of said arc bears North 74°28'57" West, 421.74
feet); thence South 37°06'49" West, 30.00 feet, to the point of beginning and containing 1.63 acres,
more or less.
MIDAMERICA HOTELS CORPORATIONt
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 788, TOWNSHIP 31 NORTH,
RANGE 13 EAST OF THE FIFTH PRINTCIPAL MERIDIAN IN THE COUNTY OF CAPE
GIRARDEAU,THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Southeast corner of said Survev No. 788; thence North 82°13'00: West, 715.00 feet;
thence North 11°42'00" West, 2089.70 feet, to a found iron pin, the point of beginning; thence North
02°18'15" West, 956.70 feet, to a found iron pin; thence South 76°41'15" West, 66.00 feet, to a found
iron pin; thence North 88°18'15" West, 396.00 feet, to a found iron pin; thence North 75°11'08"
West, 415.38 feet to a found iron pin; thence North 58'1547" West, 207.28 feet, to a found iron pin;
thence North 26°41'13" East, 56.00 feet, to a point on the south line of Cape La Croix Road; thence
in a Southeast direction along the arc of a non-tangent curve concave to the northeast and having a
radius of 603.70 feet, a distance of 454.54 feet, (the chord of said arc bears South 74°27'22" East,
443.88 feet; thence South 89°16'48" East, 878.54 feet; thence along the arc of a curve to the right, and
being concave to the southwest, with a radius of 1880.00 feet, a distance of 1028.63 feet, to a found
iron pin; thence leaving said Cape LaCroix Road, North 89°50'40" West, 219.17 feet to a found iron
pin; thence South 89°02'21" West, 53.81 feet, to a found iron pin; thence North 64°53'42" West,
315.24 feet to a found iron pin; thence South 05°57'40" West, 462.14 feet, to a found iron pin; thence
South 83°23'55" East, 357.74 feet, to a found iron pin; thence South 04°56'29" West, 480.99 feet, to a
found iron pin; thence North 84°22'00" West, 926.88 feet, to the point of beginning and containing
24.33 acres, more or less, as shown on the accompanying plat, except that part described as follows:
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 788, TOWNSHIP 31 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 Southeast corner of said Survey No. 788; thence North 82°13'00: West, 715.00 feet;
thence North 11'42'00" West, 2089.70 feet, to a found iron pin, the point of beginning; thence North
02°18'15" West, 502.51 feet, to a set iron pin; thence South 83°23'55" East, 572.87 feet, to a set iron
pin; thence South 19°58'34" East, 56.36 feet, to a set iron pin; thence South 05°38'00" West, 437.19
feet, to a set rod; thence North 84°22'00" West, 527.75 feet to the point of beginning, and containing
6.34 acres, more or less, as shown on the accompanying plat
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 Pention.
PASSED AND APPROVED THIS �" DAY OF 2009.
3
G�4p>tiDSAU l� Knudston, Mayor
ATTEST:
.J O
Gr
Gayle OComad, City Clerk G l ►r