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
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