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HomeMy WebLinkAboutOrd.5047.01-08-2018 BILL N0. 17-209 ORDINANCE NO.50, 7 AN ORDINANCE ANNEXING UNINCORPORATED LAND LOCATED ON COUNTY ROAD 313 INTO THE CITY LIMITS OF THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF DRURY PROPERTIES, INC. WHEREAS, Drury Properties, Inc. 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 certain tracts of land which it proposes to be annexed to the City of Cape Girardeau, Missouri; and WHEREAS, a public hearing was held on December 18, 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: Certain tracts of land owned by Drury Properties, Inc. , and more particularly described as follows : COUNTY ROAD 313 - DEERFIELD ESTATES (PORTION TO BE ANNEXED) TRACT 1 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 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. TRACT 2 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. 2008-0-1829 IN THE CAPE GIRARDEAU COUNTY LAND RECORDS, THENCE LEAVING SAID NORTH AND SOUTH LINES, SOUTH 00°45' 20" WEST, 357 . 22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°45' 20" WEST, 51 . 10 FEET; THENCE SOUTH 78°51' 45" WEST, 71 . 34 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHWEST HAVING A RADIUS OF 325 . 00 FEET, A LENGTH OF 67 . 46 FEET (THE CHORD OF SAID ARC BEARS SOUTH 84°48' 32" WEST, 67 . 34 FEET) ; THENCE NORTH 89°14' 40" WEST, 294 . 31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHWEST HAVING A RADIUS OF 22 . 00 FEET, A LENGTH OF 34 . 58 FEET (THE CHORD OF SAID ARC BEARS SOUTH 45°43' 29" WEST, 31 . 13 FEET; THENCE NORTH 00°41' 38" EAST, 94 . 00 FEET; THENCE SOUTH 89°18' 22" EAST, 22 . 00 FEET; THENCE SOUTH 00°45' 20" WEST, 22 . 00 FEET; THENCE SOUTH 89°14' 40" EAST, 294 . 41 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHEAST HAVING A RADIUS OF 275. 00 FEET, AN ARC LENGTH OF 57 . 08 FEET (THE CHORD OF SAID ARC BEARS NORTH 84°48' 32" EAST, 56. 98 FEET) ; THENCE NORTH 78°51' 45" EAST, 81 . 87 FEET TO THE POINT OF BEGINNING AND CONTAINING 0. 54 ACRES, SUBJECT TO COUNTY ROAD NO. 313 AND ANY EASEMENT OF RECORD. 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 tracts 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 . PASSED AND APPROVED THIS Y`1 ' DAY OFN , 201 . T. 7/..c I Cze.L Victor R. Gun , Mayor Pro Tempore ATTEST: i ll�'G l �.1 ``�C ruce Tay Deputy City Clerk O'i r =o Q f itsJr i Tri: :+..iii ;n \ � Petition for Annexation - Drury Properties, Inc. 75 69 • 3 �\ • •5 91 CO) Di I First Annexation Petition l •210 0344'L 82 • • 70 144 • Second Annexation Petition for Additional Property 191 • e 3 • 034 0 Water Meters • — Sanitary Lines Water Lines Cape Girardeau City Limits • Cape County Address Parcels 1 • • 5811 • 865 077 2;k 7- N ZN 7, 7< • 0 0 2400 W+ L • 111111VVVVVVS------////// g,,,x#q CITYOfCAPE & ter, r1 G I R A R D E A U Created by: Development Services Carol Peters - October 24, 2017 Title of Document: Date of Document: Grantor(s) Name &Address: RECORDER OF DEEDS COVER PAGE Annexation Petition October 26, 2017 Drury Properties, Inc. 863 North State Highway 125 Springfield, MO 65802 Grantee(s) Name &Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Legal Description: See page 1 & 2 of Annexation Petition Reference Book & Page, if Required: e,9o49s Tx: 4108574 DOCUMENT 2017=1.2288 ANDREW !DAVID BLATTNER RECORDER OF DEEDS CAPE GIR RDEAU COUNTY, MO RECORDED ON 11/01/2017 12:15:36 P RE FEE: 30.00 PAGES: 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 88058'37" 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 1155"; 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 2101713" 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 3602723" WEST, 310.87 FEET; THENCE SOUTH 00036'33" 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 89038'03" WEST, 112.54 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 00021'57" WEST, 99.17 FEET; THENCE NORTH 29030'31" WEST, 404.82 FEET; THENCE SOUTH 60029'29" WEST, 445.72 FEET; THENCE SOUTH 00021'57" 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 00022'46" WEST, 678.86 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89028148" 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, 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 88058137" 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 1155"; THENCE LEAVING SAID NORTH AND SOUTH LINES, AND WITH SAID WEST RIGHT OF WAY, SOUTH 21 ° 17113 11 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 2101713" EAST, 839.14 FEET; THENCE Page 1 of 2 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 3602723 WEST, 310.87 FEET; THENCE SOUTH 00°36'33" 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 89038103" WEST, 112.54 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 00021'57" 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 day of v , 2017. DRURY PROPERTIES, INC. Mitch Drury, Vice Prsid nt STATE OF MISS URjV,4-aA,Pu ) ss. COUNTY OFC U 1 BE IT REMEMBERED, that on thi day of 2017, 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. Name/My Commission Expires: //- lff-aO17 .SOYCE A CUNNINOHAM Notary Public — Notary Seel STATE OF MISSOL)RI Greene County My Commission Expires Nov. 'f �, 2017 Commission 01 3520341"' ' -1. Page 2 of 2 OER op DOCUMENT # -0 2017-13253 ANDREW DAVID BLATTNER f '4 RECORDER OF DEEDS C CAPE GIRARDEAU COUNTY MO rJ RECORDED ON 11/30%2017 3:33:47 PM GOJ� REC FEE: 30.00 h' LFL) PAGES: 3 Title of Document: Date of Document: Grantor(s) Name & Address: RECORDER OF DEEDS COVER PAGE Annexation Petition November 28, 2017 Drury Properties, Inc. 863 North State Highway 125 Springfield, MO 65802 Grantee(s) Name & Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Legal Description: See page 1 of Annexation Petition Reference Book & Page, if Required: IN RE: ANNEXATION DRURY PROPERTIES, INC., Petitioner. PETITION FOR ANNEXATION L Comes now Drury Properties, Inc., and states that it is the owner of al.l 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 88058137" 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 LEAVING SAID NORTH AND SOUTH. LINES, SOUTH 00045'20" WEST, 357.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°45'20" WEST, 51.10 FEET; THENCE SOUTH 78°51'45" WEST, 71.34 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHWEST HAVING A RADIUS OF 325.00 :FEET, A LENGTH OF 67.46 :FEET (THE CHORD OF SAID ARC BEARS SOUTH 84048'32" WEST, 67.34 FEET); THENCE NORTH 89°14'40" WEST, 294.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE SOUTHWEST HAVING A RADIUS OF 22.00 FEET, A LENGTH OF 34.58 FEET (THE CHORD OF SAID ARC BEARS SOUTH 45043'29" WEST, 31.13 FEET; THENCE NORTH 00041.'38" EAST, 94.00 FEET; THENCE SOUTH 89'18'22" EAST, 22.00 FEET; THENCE SOUTH 00045'20" WEST, 22.00 FEET; THENCE SOUTH 8994'40" 40" EAST, 294.41 FEET; THENCE ALONG THE ARC OF A CURVE TO THE NORTHEAST HAVING A RADIUS OF 275.00 FEET, AN ARC LENGTH OF 57.08 FEET (THE CHORD OF SAID ARC BEARS NORTH 84048'32" EAST, 56.98 FEET); THENCE NORTH 78°51'45" EAST, 81.87 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.54 ACRES, SUBJECT TO COUNTY ROAD NO. 313 AND ANY EASEMENT 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, sh.ould 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. �. PA 2 IN WITNESS WHEREOF, the undersigned has executed this Petition on this ' day of ave-,r;n � , 2017. DRURY PROPERTIES, INC. Mitch Drury, Vice P 1dent Page 1 of 2 STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU BE IT REMEMBERED, that on this � day of 9 2017, 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. Notary Public Name/My Commission Expires: JILLANNE GREIM NOTARY PUBLIC - NOTARY SEAL STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU COMMISSION #17265018 �h Commission Expires: September 12, 2021 Page 2 of 2