HomeMy WebLinkAboutOrd.5442.08-16-2021BILL NO. 21-121
ORDINANCE NO.
AN ORDINANCE ANNEXING LAND INTO THE CITY
LIMITS OF THE CITE' OF CAPE GIRARDEAU,
MISSOURI, LOCATED AT 530 COUNTY ROAD 317, UPON
THE REQUEST OF JMD INDUSTRIES, INC.
WHEREAS, JMD Industries, Inc., 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 19, 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, further, that the City has the ability to
furnish normal municipal services to the trace. 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 CAFE 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, and to extend the limits of the
City over said tract as described herein below, to -wit:
530 County Road 317
All of Thirty-four and three hundredths fad 3/100)
acres in Section 'Three (3), Township Thirty (30),
RarigEi Thirteen (13) lying North cif the Cordcnviille
ROEc,, and mor E1 TarticulErlly dascribad as fc11lowa:
Beginning at the point tihera the North ]line of said
Section C„ Town9hip 30,, Range 113 vnterEiects the Weat
line cf Si:rvie� No. 3090; thence 7 1/1" West 111.40
chE ins to the center c f GcirdonvlillEl Road, thence TAit h
Flaw road tilouth El 1/4 ° WlEist , 6.32 chains; thence
North Ell 3/4° West, 3.92 chains„ thenen tilouth E13 3/4
West,, 1'1 . 4CI chains; tHencE1 Nc rtH 39° WElst„ 3. z ( chains
to the West lline of tr act,; thencE1 North CI' 15" WEist ,
S.92 ahain9; thence tilouth 89° East, 3CI.97 aHains„ to
the place of beginning.
ALSO, 1121.79 acres off thEi eEst side cif the Southaaat
Quart er of the Sout Hwa�it Quar tar afl Seatiion 34,
I ownsh# C11, Range 111„ more particularly dasaribed as
folllaws: Beginning at the Quarter Section Corner on
the Jout1l line of Sectiion 34„ Township 311, Range 11;
thence North 0° 49' EEst 2CI.78 chains tc carner;
thence North 890 WEist, E .4 Cl cHaims to corner ; thEmcEi
South CI ° 4_` " West, JCI.Tl chains to cornar,; t hEmca
South 890 East, E.40 chaims to tha p1lacE of Ideginniing.
Sub_'Eict to the right-of-way floc Hullliic Road.
IIESS FIND EXCEEIT that part fEllling within Coi:nty Road
':117; anlc
IIESJ AND EXCEPT that part of fractional Sectiion 3,
Township 10 North,, Range 11C East ofl tre _'th PrinciTall
Meridicr, daacribed as flolllaws: Comnence at the
NortHeast eornEir ofl said sect is n 3,, tHencE SClUtH 1
11/20 Wast along tHEi West llime cif U.S.P. 9u_tmey No.
CI CI9 Cl, -178.7 fleet to the center linE of State llouta
"K"; thence North EI8° CIE' WEst Slang sand centerlline,,
-I4 c . 2 feet; thence North 4 0 . CI feet to the North right-
of-way lona ofl said Route "K"" for. a p1F_ CEI of
beginning; thanae North EI8° CIE" WlEist along saiic riight-
of-wayl„ 70 flEiet; tHencEi NortHwestEirllyl along said
night-of-wayl on a CI ° CIV curve to the tight, 1 z E _-I
fleet; thence North 1911.11 fEiet , therica East J15 . E 4
fleet; thEmce Jout1l 2C17. E fEiet to the placE of
beginning, in Cape Giirarcaau Counts, Misscuri,
containing 1. 000 acre,, conviE yEic by deec 8 -E -E 9 to
Arthur F. tiltaimlle anc Ecrna A. Stainille, His wifEi,
recordEic in Boak 27( Page 4117,; End
LESS AND EXCEET tHat part of ]lot 2 cfl the Northwest
Quart Eir of Seation 3,, Township 3CI Nor td,, Ranga 13 East
cf the Fifltli Hrinaipal MEiriidian, dasaribed as fal]lows:
Begin at a point on thea North line of said Seation 3
from which the point of int er seatiion of laic North
]line of SEict von 3 and the WEist ]line of U.S.E. Survey
3050 Bears Sautes E190 CI0" Ea.it" 21032.4 feEit- thencE1
Elouth Cl' 5E' Wast, a distance of JEF11.3 faet to thEi
Nor th right'-ofl-way lune of Stata flout e "K' thencEi
Elouth 700 56' East along laic right-of-way, 44 9. 33
fleet - t Hence North CIO ! 8' Dast,, 4 26. 64 fleEit to t Ha
North ]line of sand Election ;I; thEinca No --nth EI9° CIO'
West, z 217. 1CI faet to the place cif lieginniing, in CapEi
GirancEiau County, Missouri containing 3.90CI acirEls,,
aor.'AEiyac liy deed EI -1E-12 to E]lfrink Truak Lines; anc
LHSS AND DxICEIPa all of that pant of tha North half) of
Fract iar.all Election .I;, Tawnsh#1 3CI North, Ranga 71;1 East
of thEi Fiiflth Principal MEiridian, iin tha County of Cape
GirardEiau„ StatEi of Missouri, more part iau]larly
cEiscribed as flolllawsi: Qom ancing at a flound square
cut sandstone at the intersection of the North ]line of
Bract iar.al 3ectior. 3 and thEi WElst 11ine of United
Stateei Private Survey fl3CI9CI; thEinca wiith the North
line of Fractional Election -I, Elouth E 9°421" 38`l West
8CI3.9C1 f8et to a founc squarEi cut sandstone on the
north liinEi of saic Elect ior. 3, thEince continue wiith the
North linEi ofl said Fracticnal SEictior. 3, Elouth
89° 39' a7 WEist, 2132.39 fleat; to a set '-:" iron rad with
cap at the placE1 of beginning; thence Elouth CICI°OEI" 19''
East" 21C2.7EI fleEit to a sEit iron nod with cap;
trence Elouth -'111' 34"OE " WEist, I-19. 219 feEit to a set 1Y"
iron rac wiith cap; thence South 00'219'4d" East, 21114.-)14
faet to a set -�` iran roc with cap on the No -:nth line
of Missouri State Eloute "N", thEince with laic North
line, North 18°54'19" West, 11E3.411 fEiet to a found
MODOT riight-ofl-way narkEir; thEmce North -A400EI"08" blest
31z.04 fleEit to sElt 1/" iron rod with cap at the
SauthEiast cornEir ofl a tract conveyed in DaCLITEInt No.
21 C1CI_`-7179EE,,; said corner being Asc the Southwest
carrier of a tract comAeyed in Deec Book 3CIE at E age
<<7; ar.d thence with the East lina of laic tract
conveyed in Clocunent 2CI09--1i19E6; and thEi West linEi of
said tract convieyEic in Deac Book 3CIE at Elacle 49-1. and
leaving the North line of said Poute "K"'- North
(10040" 17" WlEist„ 4111.215 feet to � found 9/EI" dicrCEltElr
snaoth iron pin on thEi North ]Dine of laic Election 3;
(from which a 1-4" 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
5.385 acres, as more or less, and being subject to any
easements 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. 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 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 5. This ordinance shall be in full force and
effect ten days after its passage and approval.
i
PASSED AND APPROVED THIS DAY OF � liaaa, 2021.
ATTEST:
Bob Fox, Mayor
Euce Taylo Deputy City Cl? �
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