HomeMy WebLinkAboutOrd.4074.11-02-2009 BILL NO. 09-169 ORDINANCE NO. /L 174
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF NORWALD,
INC.
WHEREAS, Norwald, 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, public hearing was held on Monday, October 5, 2009, at 7 : 00
p.m. , 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 :
ARTICLE1. 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 :
NORWALD, INC.
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31
NORTH RANGE 13 OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 3 LOCATED
ON THE EAST LINE OF UNITED STATES PRIVATE SURVEY NO. 790, AT A
FOUND SQUARE CUT STONE WITH CUT CROSS MARK ON CORNER FOR THE
POINT OF BEGINNING; THENCE NORTH 84053 ' 56" WEST, 1072 . 50 FEET,
TO A FOUND IRON PIN; THENCE NORTH 5047 ' 22" EAST, 403 . 90 FEET,
TO A FOUND IRON PIN; THENCE NORTH 84059 ' 00" WEST, 2644 . 89 FEET,
TO A FOUND SQUARE CUT STONE WITH CUT CROSS MARK ON CORNER;
1
THENCE NORTH 3047 ' 04" EAST, 415 . 10 FEET; THENCE SOUTH 89059 ' 00"
EAST, 2359 . 39 FEET; THENCE NORTH 83024 ' 26" EAST, 1389 . 19 FEET;
THENCE SOUTH 4058 ' 46" WEST, 1100 . 00 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 49 . 71 ACRES, MORE OR LESS, AS
INDICATED ON THE ACCOMPANYING PLAT.
ARTICLE 2. 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.
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.
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 62 lid y
DAY OF / dVftXer 20 O q
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