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Home My WebLink AboutOrd.5019.11-06-2017 BILL NO. 17-160 ORDINANCE NO. ,672/7 AN ORDINANCE ANNEXING UNINCORPORATED LAND INTO THE CITY LIMITS OF THE CITY OF CAPE GIRARDEAU, MISSOURI, LOCATED ALONG WESTON STREET, UPON THE REQUEST OF THE HUMANE SOCIETY OF SOUTHEAST MISSOURI WHEREAS, The Humane Society of Southeast Missouri 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 October 16, 2017, 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 herein below, to-wit: A certain tract of land owned by The Humane Society of Southeast Missouri, and more particularly described as follows: Weston Street All of Lots Twelve (12) and Thirteen (13) of Amended Subdivision Plat of "LaCroix Industrial Park" as shown in plat recorded in Plat Book 15 at Page 38, land records of Cape Girardeau County, Missouri . ARTICLE 2 . 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 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 . 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 5. This ordinance shall be in full force and effect ten days after its passage and approval. n PASSED AND APPROVED THIS �� DAY OFvaalanO 2017 . arry E. Ri'-gEr;- Mayor �s- ATTEST: Q;Ci;. are, Li Bruce Taylor eputy City Clerk Vfv*\ JR ):=A n cn Tp•a, it Ilii °',,$z g Title of Document: Date of Document: RECORDER OF DEEDS COVER PAGE Annexation Petition August 29, 2017 ill it I III III Tx: 4106180 DOCUMTOINNIT 20 1 ANDREW DAVID BL-0-17TNIER RECORDER OF DEEDS CAFEE GIRARDEAU COUNTYr MO REH,"ORDED ON 08/3112017 '11:43:52 PM RE C FEE: 27.00 PAGES: 2 Grantor(s) Name & Address: The Humane Society of Southeast Missouri 2536 Boutin Drive Cape Girardeau, M10 63701 Grantee(s) Name & Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, M10 63703 Legal Description: See page 1 of Annexation Petition Reference Book & Page, if Required: IN RE: ANNEXATION THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, Petitioner. PETITION FOR ANNEXATION 1. Comes now The Humane Society of Southeast Missouri, a Missouri Nonprofit Corporation, and states that it is the owner of all fee interest of record of the following described real property, being in Cape Girardeau County, Missouri: All of Lots Twelve (12) and Thirteen (13) of Amended Subdivision Plat of "LaCroix Industrial Park" as shown in plat recorded in Plat Book 15 at Page 38, land records of Cape Girardeau County, Missouri. 2. The Humane Society of Southeast Missouri does hereby petition to have the above described realro ert p p Y annexed to and included within the city limits of the City of Cape Girardeau, Missouri. 3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners, their heirs, executors, administrators, successors, assigns, and legal representatives. It is understood that this instrument will be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri and shall be of record. WHEREFORE, The Humane Society of Southeast Missouri agrees that the City Council of the City of Cape Girardeau, Missouri, should extend the city limits of the City of Cape Girardeau, Missouri, by ordinance to include the above described real property, taking whatever action necessary to facilitate said annexation so as to include said real property within the city limits of the City of Cape Girardeau, Missouri. IN WITNESS WHEREOF, the undersigned has executed this Petition on this day of 2017. THE HUMANE SOCIETY OF SOUTHEAST MISSOURI Charlotte Craig, President of tAe Board STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on thisA da Au<as-� 2017 y of , before me, the undersigned notary public, personally appeared Charlotte Craig, who, being by me duly sworn, did state that she is the President of the Board for The Humane Society of Southeast Missouri, a Missouri Nonprofit Corporation, and that she is authorized to execute the foregoing instrument on behalf of said Corporation, and acknowledged said instrument to be the free act and deed of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Name/My Commission Expires: `b.9 C_,� 5f mad BRENDA S. PHILLIPS Notary Public - Notary Seal STATE OF MISSOURI Commissioned for Cape Girardeau County My Commission Expires: December 5, 2020 Commission # 12546525 Nota,ry 249 Petition for Annexation - 0 Weston Street Humane Society 2488 • I Annexation Request J 120 J • Q N Q J WARSON� :1 • 01 •190 j •166 ®171 Z O 1LU121 2526 01 Area to be Annexed ® Water Meters Sanitary Lines Water Lines ® Cape Girardeau City Limits — — — Lot Lines • Cape County Address 0 Parcels 2820 O 1 2536 2525 0 2375 • 2403 • W+E J_ SS CITYOfCAPE G I R A R D E A U Created by: Development Services Carol Peters August 31, 2016