HomeMy WebLinkAboutOrd.4021.05-04-2009 BILL NO. 09- 60 ORDINANCE NO. -410&q
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF BRYAN AND
NANCY GREASER
WHEREAS, BRYAN AND NANCY GREASER 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 Bryan and Nancy Greaser and more particularly described as
follows:
BRYAN AND NANCY GREASER
THAT PART OF THE UNITED STATES PRIVATE SURVEY 788,TOWNSHIP 31 NORTH,
RANGE 13 EAST, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED
AS FOLLOWS:
Commence at the Southeast corner of Lot 1 of Whispering Oaks, a Subdivision on file in the Land
Records of Cape Girardeau County in Plat Book 21, at Page 34; thence South 10°43'16' West, 26.15
feet, to a point on the centerline of County Road 620; thence with said centerline along the arc of a
non-tangent curve to the Northwest being concave to the Southwest and having a radius of 1754.68
feet and a distance of 388.25 feet, (the chord of said arc bears North 68°28'10" West, 387.45 feet) to
the point of beginning.
Thence, from the point of beginning, continue along said centerline of County Road 620 along a
curve to the left having a radius 1754.68 feet and a distance of 280.64 feet, (the chord of said arc
bears North 79°23'25" West 280.34 feet; thence North 07°08'54" East, 25.00 feet to the Southwest
corner of Lot 2 of said Subdivision; thence with the South line of said Subdivision along the arc of a
non-tangent curve to the Southeast being concave to the Southwest and having a radius of 1779.68
feet and a distance of 284.31 feet, (the chord of said arc bears South 79°22'47" East, 284.01 feet) to
the Southwest corner of said Lot 2; thence South 15°33'42" West, 25.00 feet to the point of
beginning and containing 0.16 acres (7,062 square feet), more or less, subject to any easements of
record.
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
/rb[yy appropriate Petition.
PASSED AND APPROVED THIS DAY OF 12009.
. Knudston, Mayor ,
ATTEST: ,4��SRAko
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Gayle Iftonrad, City Clerk �� p
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