HomeMy WebLinkAboutOrd.5373.01-19-2021 BILL NO. 21-03 ORDINANCE NO. n17.3
AN ORDINANCE ANNEXING LAND INTO THE CITY
LIMITS OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, LOCATED AT 4178 STATE HIGHWAY K,
UPON THE REQUEST OF CHRISTIAN FAITH FELLOWSHIP
WHEREAS, Christian Faith Fellowship 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 December 21, 2020,
after due notice was given in accordance with 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 adjacent to and contiguous and compact
with 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, Missouri, and so
as to extend the limits of the City over said tract as described
herein below, to-wit:
WEST TRACT:
All of that part of Lot No 2 of the Northwest Quarter
of Section 3, Township 30 North, Range 13 East of the
Fifth Principal Meridian, in the County of Cape
Girardeau, State of Missouri, described as follows :
Commence at a found sandstone, (3" x 5") , marking the
intersection of the North line of said Section 3, it
with the West line of United States Private Survey No
3090, thence with the North line of said Section 3,
North 89 degrees 00 ' 00" West, passing a found
sandstone at 803 . 50 feet, a distance of 1668 . 59 feet,
to the place of beginning, thence continue North 89
degrees 00 ' 00" West, 362 . 28 feet, thence South 00
degrees 58 ' 00" West, 288 . 37 feet, to a point on the
North line of Missouri State Route "K", thence with
said North line, South 70 degrees 59 ' 51" East, 143 . 25
feet, thence leaving said Route "K", North 19 degrees
00 ' 19" East, 40 . 00 feet; thence along the arc of a
curve to the left, having a radius of 20 . 00 feet, a
distance of 31 . 42 feet, thence North 70 degrees 59 '
51" West, 60 . 96 feet, thence along the arc of a curve
to the right having a radius of 20 . 00 feet, a distance
of 25 . 12 feet, thence North 00 degrees 58 ' 00" East,
160 . 93 feet, thence along the arc of a curve to the
right, having a radius of 20 . 00 feet, a distance of
31 . 43 feet, thence South 89 degrees 00 ' 00" East,
219. 98 feet, thence along the arc of a non-tangent
curve to the left, having a radius of 30 . 00 feet, (the
chord of said arc bears North 81 degrees 15 ' 52" East,
59. 14 feet) a distance of 84 . 05 feet, thence North 00
degrees 58 ' 00" East, 40 . 60 feet, to the place of
beginning.
AND
EAST TRACT:
All that part of Lot No 2 of the Northwest Quarter of
Section 3, Township 30 North, Range 13 East of the
Fifth Principal Meridian, in the County of Cape
Girardeau, State of Missouri, described as follows :
Commence at a found sandstone, (3" x 5") , marking the
intersection of the North line of Said Section 3, it
with the West line of United States Private Survey No
3090, thence with the North line of said Section 3,
North 89 degrees 00 ' 00" West, passing a found
sandstone at 803 . 50 feet, a distance of 1630 . 17 feet,
to the place of beginning, thence South 00 degrees 38 '
16" West, 411 . 41 feet to a point on the North line of
Missouri State Route "K", thence with said North line,
North 72 degrees 53 ' 09" West, 230 . 23 feet, thence
North 70 degrees 59 ' 51" West, 48 . 06 feet, thence
leaving said Route "K", North 19 degrees 00 ' 19" East,
40 . 00 feet, thence along the arc of a curve to the
left, having a radius of 20 . 00 feet, a distance of
31 . 42 feet, thence North 70 degrees 59 ' 51" West,
60 . 96 feet, thence along the arc of a curve to the
right having a radius of 20 . 00 feet, a distance of
25 . 12 feet, thence North 00 degrees 58 ' 00" East,
160 . 93 feet, thence along the arc of a curve to the
right, having a radius of 20 . 00 feet, a distance of
31 . 43 feet, thence South 89 degrees 00 ' 00" East,
219 . 98 feet, thence along the arc of a non-tangent
curve to the left, having a radius of 30 . 00 feet, (the
chord of said arc bears North 81 degrees 15 ' 52" East,
59 . 14 feet) , a distance of 84 . 05 feet, thence North 00
degrees 58 ' 00" East, 40 . 60 feet, thence South 89
degrees 00 ' 00" East, with the North line of said
Section 3, 38 . 42 feet, to the place of beginning and
containing 2 . 230 acres, more or less .
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 . 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 in
accordance with Section 71 . 012 RSMo.
ARTICLE 4 . The City Council hereby finds and determines
that the annexation of the tract described in Article 1 hereof
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, 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 Ig4ki DAY OF-Zuel , 2021 .
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Bob Fox, Mayor
ATTEST:
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Gayle') . Conrad, City Clerk �t \,..4,,,,'
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