HomeMy WebLinkAboutOrd.3974.10-20-2008 c
BILL NO. 08- 160 ORDINANCE NO. 3q 74
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU,MISSOURI,UPON THE REQUEST OF RIVERWEST
PARTNERS,L.C.
WHEREAS,RIVERWEST PARTNERS,L.C. 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,a public hearing was held on September 2,2008, 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 the City of Cape Girardeau and more particularly described as
follows:
RIVERWEST PARTNERS,L.C.
THAT PART OF WALDEN PARK PHASE 2 SUBDIVISION,A SUBDIVISION ON FILE IN
THE LAND RECORDS OF CAPE GIRARDEAU COUNTY,MISSOURI IN PLAT BOOK 24
AT PAGE 45,ALSO BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION
23,TOWNSHIP 31 NORTH,RANGE 13 EAST,IN THE COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commence at the Southwest Corner of said Section 23;thence with the West line of said Section,
North 00°33'06"West, 1318.09 feet,to a point being a found 4"x4" stone with a cross,marldng the
Southwest comer of the Northwest quarter of the Southwest Quarter of said Section 23;thence
leaving said West line,and with the South line of said Walden Park Phase 2 Subdivision,South
67°19'30" East, 130.21 feet;thence North 80°52'45" East, 86.92 feet;thence South 84°05'22" East,
84.71 feet thence South 41°06'35" East, 52.48 feet thence North 44°26'02" East,69.01 feet thence
South 86°01'49" East, 162.25 feet;thence North 69°21'52" East, 105.61 feet, to the point of
beginning;thence leaving said South line of said Subdivision,North 67°19'36"West,41.11 feet
thence North 57°15'13" West, 50.31 feet thence North 53°04'29"West, 76.73 feet thence North
32°44'14" West 76.85 feet thence North 31°32'09"West, 75.38 feet thence North 22°4323"West,
75.20 feet;thence North 10°2437" West, 80.55 feet; thence North 81°07'16" East, 115.01 feet thence
with the arc of a curve to the Northwest and being concave to the Northeast,having a radius of
370.50 feet and a length of 110.85 feet (the chord of said arc bears North 00°17'16"West, 110.44
feet);thence South 81°43'00" East 31.00 feet thence with the arc of a curve to the Southwest being
concave to the Southeast having a radius of 339.50 feet and a length of 29.21 feet (the chord of said
arc bears South 05°49'06"West 29.20 feet);thence South 86°38'47" East 276.00 feet thence with the
arc of a curve to the Southeast being concave to the Northeast having a radius of 63.50 feet and a
length of 105.88 feet (the chord of said arc bears South 44°2443" East 94.03 feet);thence North
87°52'35" East 178.34 feet thence North 57°43'56" East 39.57 feet thence South 32°16'04" East
31.01 feet thence South 57°43'56"West 16.50 feet thence with the arc of a curve to the Southwest
being concave to the Northwest having a radius of 115.50 feet and a length of 29.01 feet (the chord
of said arc bears South 64°55'36" West 28.93 feet);thence with the arc of a reverse curve to the
Southwest being concave to the Southeast having a radius of 32.00 feet and a length of 15.74 feet
(the chord of said arc bears South 58°01'35"West 15.59 feet);thence South 01*23'25" East 86.89
feet thence with the arc of a curve to the Southeast being concave to the Northeast having a radius
of 20.00 feet and a length of 36.91 feet (the chord of said arc bears South 54°15'22" East 31.89
feet);thence with the arc of a compound curve to the Northeast being concave to the Northwest
having a radius of 88.00 feet and a length of 9.70 feet (the chord of said arc bears North 69°43'16"
East 9.69 feet);thence South 23°26'10" East 24.00 feet thence South 32°16'04" East 103.24 feet
thence with the arc of a curve to the Northeast being concave to the Northwest having a radius of
49.50 feet and a length of 18.96 feet (the chord of said arc bears North 68°42'27" East 18.85 feet);
thence North 57043'56" East 44.46 feet thence South 32°16'04" East 31.00 feet thence with the arc
of a curve to the Southwest being concave to the Southeast having a radius of 32.00 feet and a
length of 48.45 feet(the chord of said arc bears South 14°21'30" West 43.95 feet);thence South
74°20'14" East 22.99 feet thence South 15°39'46"West 60.00 feet thence North 74°20'14"West
73.45 feet thence South 60°39'46" West 28.28 feet thence South 15°39'46" West 50.69 feet to a
point being on the South line of said Walden Park Phase 2 Subdivision;thence said South line,North
35°27'41" West 62.29 feet thence South 84°18'23"West 37.64 feet thence North-89048'21"West
94.84 feet thence South 68°30'18" West 128.29 feet thence North 63°30'22" West 92.35 feet thence
South 66°10'53" West 87.21 feet to the point of beginning and containing 6.01 acres, more or less.
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 Petition.
PASSED AND APPROVED THIS �nt`t` DAY OF Ock6Pr 2008.
Knudston, Mayor
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Ga d City Clerk
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