HomeMy WebLinkAboutOrd.5418.06-21-2021 BILL NO. 21-91 ORDINANCE NO. _67-3 /
AN ORDINANCE ANNEXING LAND INTO THE CITY
LIMITS OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, LOCATED AT 3920 BLOOMFIELD ROAD,
UPON THE REQUEST OF JUSTIN A. CAIN AND CARRIE
A. CAIN
WHEREAS, Justin A. Cain and Carrie A. Cain have presented
to the City Council of the City of Cape Girardeau, Missouri,
their Verified Petition requesting annexation as the owners of
all fee interest of record of a certain tract of land which they
propose to be annexed to the City of Cape Girardeau, Missouri;
and
WHEREAS, a public hearing was held on May 17, 2021, 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 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
contiguous and compact and adjacent to 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 :
A PART OF UNITED STATES PRIVATE SURVEY NO. 203 AND A
PART OF UNITED STATES PRIVATE SURVEY NO. 679, TOWNSHIP
30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 1/2" IRON PIN (FOUND) AT THE MOST
EASTERLY CORNER OF LOT NO. 38, PHASE 3, STONEBRIDGE
SUBDIVISION AS RECORDED IN PLAT BOOK NO. 17 AT PAGE
NO. 27 OF THE LAND RECORDS OF THE COUNTY RECORDERS
OFFICE; THENCE N 45° 52 ' 20" W, 193 . 98 FEET ALONG THE
NORTHEASTERLY LINE OF LOT NO. 38 AND ITS PROLONGATION
TO THE WESTERLY RIGHT OF WAY LINE OF BLOOMFIELD ROAD;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE
FOLLOWING COURSES AND DISTANCES: S 43° 12 ' 56" W,
173 . 15 FEET; THENCE S 42° 32 ' 56" W, 100 . 00 FEET;
THENCE N 64 ° 59 ' 08" W, 2 . 75 FEET TO A 1/2" IRON PIN
(SET) ON THE SOUTH LINE OF DOCUMENT NO. 2002-07865 AND
BEING THE TRUE POINT OF BEGINNING: THENCE N 64° 59 '
08" W, 198 . 36 FEET ALONG SAID SOUTH LINE TO A 1/2"
IRON PIN (SET) ; THENCE LEAVING SAID SOUTH LINE, S 29°
20 ' 42" W, 228 . 57 FEET TO A 1/2" IRON PIN (SET) ;
THENCE S 64 ° 59 ' 08" E, 189. 73 FEET TO A 1/2" IRON PIN
(SET) ON THE WEST RIGHT OF WAY LINE OF BLOOMFIELD
ROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE
FOLLOWING COURSES AND DISTANCES : N 29° 08 ' 41" E,
117 . 03 FEET TO A 1/2" IRON PIN (SET) AT THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 673 . 63 AND A CENTRAL ANGLE OF 09° 35 ' 02"; THENCE
IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND
RIGHT OF WAY LINE, 112 . 68 FEET TO THE POINT OF
BEGINNING, CONTAINING 1 . 00 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 as
provided by Section 71 . 012 RSMo.
ARTICLE 4 . The City Council 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 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 5 . This ordinance shall be in full force and
effect ten days after its passage a d approval .
PASSED AND APPROVED THIS b\' AY OF ,_ , 2021 .
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Bo•' ox, Mayor
ATTEST:
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It' I ,d eth.,,,, I'Av
Gayl:jL. Conrad, City Clerk s� x T ''`-A ‘