HomeMy WebLinkAboutRes.3126.11-06-2017 BILL NO. 17-170 RESOLUTION NO. 3424
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION
PETITION FROM DRURY PROPERTIES, INC. , AND SETTING A
PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION
WHEREAS, a Petition for voluntary annexation has been presented
to the City Council of Cape Girardeau, Missouri, requesting that
certain property be annexed into the City of Cape Girardeau,
Missouri; and
WHEREAS, the Petition has been presented in accordance with
Chapter 71 .012 Revised Statutes of Missouri, which statute provides
for voluntary annexation upon request of the affected property
owners; and
WHEREAS, it is the desire of the City Council of Cape
Girardeau, Missouri, to consider whether such areas should be
annexed into the City of Cape Girardeau.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . That the City Council of Cape Girardeau, Missouri,
hereby accepts and receives a Petition for voluntary annexation of
certain real estate, described as follows:
THAT PART OF NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 27,
THENCE WITH THE NORTH LINE OF SAID SECTION AND THE SOUTH LINE
OF KLAUS PARK, SOUTH 88°58 ' 37" EAST, 514 . 97 FEET TO AN IRON
ROD BEING THE NORTHWEST CORNER OF A TRACT AS RECORDED IN
DOCUMENT NO. 2008-01829 IN THE CAPE GIRARDEAU COUNTY LAND
RECORDS, AND BEING THE POINT OF BEGINNING; THENCE CONTINUING
WITH SAID NORTH AND SOUTH LINES, SOUTH 88°46' 00" EAST, 729. 81
FEET TO THE WEST RIGHT OF WAY OF INTERSTATE "55"; THENCE
LEAVING SAID NORTH AND SOUTH LINES, AND WITH SAID WEST RIGHT
OF WAY, SOUTH 21°17 ' 13" EAST, 27 . 17 FEET; THENCE
NORTH 65°42 ' 49" EAST, 35. 00 FEET; THENCE SOUTH 21°17 ' 13" EAST,
839. 14 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY,
SOUTH 68°42 '47" WEST, 169. 57 FEET; THENCE
SOUTH 21°17 ' 13" EAST, 50. 00 FEET; THENCE SOUTH 00°36 ' 33" EAST,
314 . 26 FEET; THENCE SOUTH 36°27 ' 23" WEST, 310. 87 FEET; THENCE
SOUTH 00°36' 33" EAST, 318 . 30 FEET; THENCE
SOUTH 21°29 ' 17" WEST, 81 . 72 FEET TO THE NORTH LINE OF DOCUMENT
NO. 2006-12426 OF SAID LAND RECORDS; THENCE WITH SAID NORTH
LINE, SOUTH 89°38 ' 03" WEST, 112 . 54 FEET; THENCE LEAVING SAID
NORTH LINE, NORTH 00°21 ' 57" WEST, 99. 17 FEET; THENCE
NORTH 29°30' 31" WEST, 404 . 82 FEET; THENCE
SOUTH 60°29' 29" WEST, 445. 72 FEET; THENCE
SOUTH 00°21 ' 57" EAST, 235 . 68 FEET TO THE SAID NORTH LINE OF
DOCUMENT NO. 2006-12426; THENCE WITH SAID NORTH LINE,
SOUTH 89°38 ' 03" WEST, 506. 66 FEET TO THE CENTERLINE OF LAMPE
ROAD (ALSO KNOWN AS COUNTY ROAD NO. 313) ; THENCE WITH SAID
CENTERLINE, NORTH 00°22 ' 46" WEST, 678 . 86 FEET; THENCE LEAVING
SAID CENTERLINE, NORTH 89°28 ' 48" EAST, 366. 04 FEET; THENCE
NORTH 45°07 ' 04" EAST, 142 . 99 FEET; THENCE
NORTH 00°45'20" EAST, 1100 . 00 FEET TO THE POINT OF BEGINNING
AND CONTAINING 41 .27 ACRES, MORE OR LESS, AND SUBJECT TO
COUNTY ROAD NO. 313, AND ANY RIGHT OF WAY AND EASEMENTS OF
RECORD.
LESS AND EXCEPT AN AREA ALREADY IN THE CITY LIMITS OF CAPE
GIRARDEAU, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 27,
THENCE WITH THE NORTH LINE OF SAID SECTION AND THE SOUTH LINE
OF KLAUS PARK, SOUTH 88°58' 37" EAST, 514 . 97 FEET TO AN IRON
ROD BEING THE NORTHWEST CORNER OF A TRACT AS RECORDED IN
DOCUMENT NO. 2008-01829 IN THE CAPE GIRARDEAU COUNTY LAND
RECORDS; THENCE CONTINUING WITH SAID NORTH AND SOUTH LINES,
SOUTH 88°46' 00" EAST, 729. 81 FEET TO THE WEST RIGHT OF WAY OF
INTERSTATE "55"; THENCE LEAVING SAID NORTH AND SOUTH LINES,
AND WITH SAID WEST RIGHT OF WAY, SOUTH 21°17 ' 13" EAST, 27. 17
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WITH SAID
WEST RIGHT OF WAY, NORTH 65°42 ' 49" EAST, 35.00 FEET; THENCE
SOUTH 21°17 ' 13" EAST, 839.14 FEET; THENCE LEAVING SAID WEST
RIGHT OF WAY, SOUTH 68°42 ' 47" WEST, 169. 57 FEET; THENCE
SOUTH 21°17 ' 13" EAST, 50 . 00 FEET; THENCE SOUTH 00°36 ' 33" EAST,
314 .26 FEET; THENCE SOUTH 36°27 ' 23" WEST, 310. 87 FEET; THENCE
SOUTH 00°36' 33" EAST, 318 . 30 FEET; THENCE
SOUTH 21°29' 17" WEST, 81 . 72 FEET TO THE NORTH LINE OF DOCUMENT
NO. 2006-12426 OF SAID LAND RECORDS; THENCE WITH SAID NORTH
LINE, SOUTH 89°38 ' 03" WEST, 112 . 54 FEET; THENCE LEAVING SAID
NORTH LINE, NORTH 00°21 ' 57" WEST, 99. 17 FEET; THENCE
2
NORTH 29°30 '31" WEST, 404 . 82 FEET; THENCE
NORTH 60°29'29" EAST, 386. 65 FEET; THENCE
NORTH 00°36' 33" WEST, 1193. 10 FEET TO THE POINT OF BEGINNING
AND CONTAINING 8. 65 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT
OF WAY AND EASEMENTS OF RECORD.
ARTICLE 2 . Be it further resolved that in accordance with
Chapter 71 . 012 RSMo it is now ordered that a public hearing be set
for December 18, 2017, at which hearing any interested person,
corporation or political subdivision may present evidence regarding
the proposed annexation.
ARTICLE 3. It is further resolved that notice of said public
hearing be published in a newspaper of general circulation qualified
to publish legal matters not less than seven (7) days prior to
December 18, 2017 . N /�� �
PASSED AND ADOPTED THIS (.X DAY OF � W`� , 2017 .
Harry E. ediger, Mayor
ATTEST:
6,3f'-}1j,
i / (41 %\truce Tay o Affd Deputy City Clerk
1?\.,
,s,r��y
lt� �J If�
_E A). Al 4k7
3
Voluntary Annexation Petition - Drury Properties, Inc.
iv
z -
O
Q
i
ck- Rd
°�
Myster�l�R°
Property to be Annexed
M
.
M
`L N(P
O
C
O
O
IU
Legend
N
® Area to be Annexed
q
CITYOf CAPE
= Parcels
®Cape City Limits
G I F2 A R D E A U
Zoning District
S
Created
by: Development Services
c2
162.5 325 650 Fee
Carol Peters
October 25, 2017
R1
IN RE: ANNEXATION
DRURY PROPERTIES, INC., Petitioner.
PETITION FOR ANNEXATION
1. Comes now Drury Properties, Inc., 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:
THAT PART OF NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 13 EAST
OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 27, THENCE WITH THE
NORTH LINE OF SAID SECTION AND THE SOUTH LINE OF KLAUS PARK, SOUTH 88°58'37" EAST,
514.97 FEET TO AN IRON ROD BEING THE NORTHWEST CORNER OF A TRACT AS RECORDED IN
DOCUMENT NO. 2008-01829 IN THE CAPE GIRARDEAU COUNTY LAND RECORDS, AND BEING
THE POINT OF BEGINNING; THENCE CONTINUING WITH SAID NORTH AND SOUTH LINES,
SOUTH 88046'00" EAST, 729.81 FEET TO THE WEST RIGHT OF WAY OF INTERSTATE "55"; THENCE
LEAVING SAID NORTH AND SOUTH LINES, AND WITH SAID WEST RIGHT OF WAY,
SOUTH 2101713" EAST, 27.17 FEET; THENCE NORTH 65°42'49" EAST, 35.00 FEET; THENCE
SOUTH 21017'13" EAST, 839.14 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY,
SOUTH 68042'47" WEST, 169.57 FEET; THENCE SOUTH 2101713" EAST, 50.00 FEET; THENCE
SOUTH 00036'33" EAST, 314.26 FEET; THENCE SOUTH 36°27'23" WEST, 310.87 FEET; THENCE
SOUTH 00036'33" EAST, 318.30 FEET; THENCE SOUTH 21029'17" WEST, 81.72 FEET TO THE NORTH
LINE OF DOCUMENT NO. 2006-12426 OF SAID LAND RECORDS; THENCE WITH SAID NORTH
LINE, SOUTH 89038'03" WEST, 112.54 FEET; THENCE LEAVING SAID NORTH LINE,
NORTH 00021'57" WEST, 99.17 FEET; THENCE NORTH 29°30'31" WEST, 404.82 FEET; THENCE
SOUTH 60029'29" WEST, 445.72 FEET; THENCE SOUTH 00°21'57" EAST, 235.68 FEET TO THE SAID
NORTH LINE OF DOCUMENT NO. 2006-12426; THENCE WITH SAID NORTH LINE,
SOUTH 89038'03" WEST, 506.66 FEET TO THE CENTERLINE OF LAMPE ROAD (ALSO KNOWN AS
COUNTY ROAD NO. 313); THENCE WITH SAID CENTERLINE, NORTH 00°22'46" WEST, 678.86
FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89°28'48" EAST, 366.04 FEET; THENCE
NORTH 4500704" EAST, 142.99 FEET; THENCE NORTH 00045'20" EAST, 1100.00 FEET TO THE POINT
OF BEGINNING AND CONTAINING 41.27 ACRES, MORE OR LESS, AND SUBJECT TO COUNTY
ROAD NO. 313, AND ANY RIGHT OF WAY AND EASEMENTS OF RECORD.
LESS AND EXCEPT AN AREA ALREADY IN THE CITY LIMITS OF CAPE GIRARDEAU, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 13 EAST
OF THE FIFTH PRINCIPAL MERIDIAN, 1N THE COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI,
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 27, THENCE WITH THE
NORTH LINE OF SAID SECTION AND THE SOUTH LINE OF KLAUS PARK, SOUTH 88°58'37" EAST,
514.97 FEET TO AN IRON ROD BEING THE NORTHWEST CORNER OF A TRACT AS RECORDED IN
DOCUMENT NO. 2008-01829 IN THE CAPE GIRARDEAU COUNTY LAND RECORDS; THENCE
CONTINUING WITH SAID NORTH AND SOUTH LINES, SOUTH 88046'00" EAST, 729.81 FEET TO
THE WEST RIGHT OF WAY OF INTERSTATE "55"; THENCE LEAVING SAID NORTH AND SOUTH
LINES, AND WITH SAID WEST RIGHT OF WAY, SOUTH 21°17'13" EAST, 27.17 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING WITH SAID WEST RIGHT OF WAY,
NORTH 65042'49" EAST, 35.00 FEET; THENCE SOUTH 21°17'13" EAST, 839.14 FEET; THENCE
Page 1 of 2
LEAVING SAID WEST RIGHT OF WAY, SOUTH 68°42'47" WEST, 169.57 FEET; THENCE
SOUTH 21°17'13" EAST, 50.00 FEET; THENCE SOUTH 00°36'33" EAST, 314.26 FEET;
THENCE SOUTH 36°27'23" WEST, 310.87 FEET; THENCE SOUTH 00036'33" EAST, 318.30 FEET;
THENCE SOUTH 21029-17" WEST, 81.72 FEET TO THE NORTH LINE OF DOCUMENT NO. 2006-12426
OF SAID LAND RECORDS; THENCE WITH SAID NORTH LINE, SOUTH 89038'03" WEST, 112.54
FEET; THENCE LEAVING SAID NORTH LINE, NORTH 00021157" WEST, 99.17 FEET; THENCE
NORTH 29030'31" WEST, 404.82 FEET; THENCE NORTH 60029'29" EAST, 386.65 FEET; THENCE
NORTH 00036'33" WEST, 1193.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 8.65
ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAY AND EASEMENTS OF RECORD.
2. Drury Properties, Inc. does hereby petition to have the above described real property 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 current and 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, Drury Properties, Inc. 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 26 day of v ,
2017.
DRURY PROPERTIES, INC.
7—&�
Mitch Drury, Vice Pr tid#t
STATE OF MISS R� )
ss.
COUNTY OFC U )
BE IT REMEMBERED, that on thi& day of LL2017, before me, the undersigned notary
public, personally appeared Mitch Drury, who, being by me duly sworn, did state that he is the Vice President of
Drury Properties, Inc., a Missouri Corporation, and that he 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.
Notar u 'c
Name/My Commission Expires:
JOYCE A CUNNINGHAM
Notary Public — Nota
ryry Seal
STATE OF MISSOCIRI
Greene County
My CommissioneExpi013520241 .'fa, 2017
Page 2 of 2