HomeMy WebLinkAboutOrd.5323.08-17-2020 BILL NO. 20-115 ORDINANCE NO. .32Z?
AN ORDINANCE ANNEXING LAND INTO THE CITY
LIMITS OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, LOCATED AT 4072 STATE HIGHWAY K,
UPON THE REQUEST OF MIDAMERICA HIGHWAY K, LLC
WHEREAS, Midamerica Highway K, LLC, has presented to the
City Council of the City 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 July 20, 2020, 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 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 tract to be annexed
within a reasonable time; and
WHEREAS, the City Council has determined that the tract
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 tract 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 . The corporate limits of the City of Cape
Girardeau, Missouri, shall be extended so as to annex the
following described unincorporated tract 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 tract as described herein
below, to-wit:
4072 STATE HIGHWAY K
ALL OF THAT PART OF THE NORTH HALF OF FRACTIONAL
SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE
INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3
AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY
#3090; THENCE WITH THE NORTH LINE OF FRACTIONAL
SECTION 3 SOUTH 89°42 ' 38" WEST, 803 . 50 FEET TO A FOUND
SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION
3, THENCE CONTINUE WITH THE NORTH LINE OF SAID
FRACTIONAL SECTION 3, SOUTH 89°39 ' 27" WEST, 232 . 39
FEET; TO A SET 1/2" IRON ROD WITH CAP AT THE PLACE OF
BEGINNING; THENCE SOUTH 00°08 ' 19" EAST, 252 . 79 FEET TO
A SET 1/2" IRON ROD WITH CAP; THENCE SOUTH 31°34 ' 09"
WEST, 99. 29 FEET TO A SET 1/2" IRON ROD WITH CAP;
THENCE SOUTH 00°29 ' 48" EAST, 214 . 74 FEET TO A SET 1/2"
IRON ROD WITH CAP ON THE NORTH LINE OF MISSOURI STATE
ROUTE ' K' , THENCE WITH SAID NORTH LINE, NORTH
78°54 ' 15" WEST, 183 . 41 FEET TO A FOUND MODOT RIGHT OF
WAY MARKER; THENCE CONTINUING ALONG THE NORTH LINE OF
SAID ROUTE 'K' , ALONG THE ARC OF A SPIRAL CURVE
PARALLEL TO AND 60 FEET NORTH OF THE CENTERLINE OF
SAID ROUTE 'K' , A DISTANCE OF 254 . 63 FEET (SAID SPIRAL
BEING APPROXIMATED BY A CIRCULAR CURVE WITH A RADIUS
OF 3318 . 90 FEET, AND THE CHORD ACROSS SAID ARC BEARING
NORTH 73°17 ' 01" WEST, 254 . 57 FEET) ; THENCE NORTH
74°45' 20" WEST, 120 . 25 FEET TO A CORNER AT THE
SOUTHEAST CORNER OF A TRACT CONVEYED IN DOCUMENT No.
2005-17966; SAID CORNER BEING ALSO THE SOUTHWEST
CORNER OF A TRACT CONVEYED IN DEED BOOK 306 AT PAGE
457; AND THENCE WITH THE EAST LINE OF SAID TRACT
CONVEYED IN DOCUMENT 2005-17966; AND THE WEST LINE OF
SAID TRACT CONVEYED IN DEED BOOK 306 AT PAGE 457; AND
LEAVING THE NORTH LINE OF SAID ROUTE 'K' ; NORTH
00°40' 17" WEST, 408 . 46 FEET TO A FOUND 5/8" DIAMETER
SMOOTH IRON PIN ON THE NORTH LINE OF SAID SECTION 3;
(FROM WHICH A 3/4" IRON PIPE IN CONCRETE WAS NOTED TO
FALL ON LINE AND SOUTH 1 . 83 FEET) , THENCE WITH THE
NORTH LINE OF SAID SECTION 3, NORTH 89°39 ' 27" EAST,
594 . 11 FEET; TO THE PLACE OF BEGINNING AND CONTAINING
6. 356 ACRES, AS MORE OR LESS .
ARTICLE 2 . The City Council of the City 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 tract to be
annexed within a reasonable time. Further, the City Council
hereby finds and determines that with respect to the tract 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 . 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 thereof.
ARTICLE 5 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS 17th DAY OF August , 2020 .
ap/gZ
Bob Fox, Mayor
ATTEST:
- Gild; a,',
truce Ta AI/.r, Deputy City Clerk s kettlA
Annexation - 4072 State Highway K
.
4250
Property Proposed
to be Annexed
4210
4178
4072
Legend
City Limits
Created by: Development Services
Parcels
June 2020