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HomeMy WebLinkAboutOrd.4075.11-02-2009 BILL NO. 09-170 ORDINANCE NO. �v AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MEYR PROPERTIES, L. P. WHEREAS, Meyr Properties, L. P. , 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, September 21, 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 : Meyr Properties, L. P. All of that part of United States Private Survey No. 790, in Township 31 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, and more particularly described as follows : Commence at a 212-11 dia. iron pipe marking the Southwest corner of said United States Private Survey No. 790, thence with the south line of said Survey, South 83044123" East, 2615 . 89 feet, to a point where the South line of said U.S.P.S. 790 intersects the Easterly line of the Southeast University Foundation 1 Property described in deed book 551, at page 569, thence with the east line of said Foundation Property, North 03020152" East, 1123 . 65 feet, to the point of beginning thence continue North 03020152" East, 900 . 38 feet, to a found square cut stone with a cut cross marking the Northwest corner of the surveyed parcel, from which a found square cut stone with a cross marking the Northeast Corner of the Foundation Property bears North 03047104" East, 1727 .49 feet, thence along the Northerly line of the surveyed tract, South 84059100" East, 2644 . 89 feet to a found i" dia. rod, thence South 05047122" West, 403 . 90 feet, thence South 84053156" East, 445 . 58 feet; thence South 24009121" West, 524 . 47 feet; thence North 84059100" West, 2886 . 85 feet, to the point of beginning, and containing 58 . 38 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 . ARTICLES. This ordinance shall take effect and be in force from and after ten days after its final passage and approval . PASSED AND APPROVED THIS DAY OF U e 20jt? . Knutdson, Mayor ATTEST: Gayl . Conrad City lerk 7"� urlo * 9 ~ 2