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HomeMy WebLinkAboutRES.2480.08-17-2009A. BILL NO. 09 - 143 RESOLUTION NO. A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM D-7 HOLDINGS, LLC AND CAPE PROPERTIES, LLC AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION WHEREAS, a Petition for annexation has been presented to the City Council of Cape Girardeau, Missouri, requesting that certain property be annexed into the City of Cape Girardeau, Missouri; and WHEREAS, the Petition has been presented in accordance with Chapter 71.012 Revised Statutes of Missouri, which statute provides for voluntary annexation upon request of the affected property owners; and WHEREAS, it is the desire of the City Council of Cape Girardeau, Missouri, to consider whether such area should be annexed into the City of Cape Girardeau. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City Council of Cape Girardeau, Missouri, does hereby accept and receive a Petition for Voluntary Annexation of certain real estate, described as follows: D-7 HOLDINGS, LLC CAPE PROPERTIES, LLC TRACT 1. ALL OF LOT #1 AND PART OF LOT #2 OF KENSINGTON PLACE -PHASE ONE AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northeast corner of U.S.P.S. 2241; Thence with the North line of said United States Private Survey, South 86°29'02" West, 470.71 feet; Thence North 50°12'02" East, 220.18 feet; Thence North 14°22'24" East, 86.65 feet; Thence North 00°58'21" East, 80.38 feet, to the point of beginning; Thence South 89010'16" West, 698.98 feet, to the southwest corner of said Lot 1; Thence with the west line of said Lot 1 and said line extended, North 00°49'44" West, 247.13 feet; Thence with a line 10 feet North of and parallel to the North line of said Lot 1, North 60001'42" East, 832.31 feet to a point on the East line of a tract of land described in Deed Document no. 2008- 01829; Thence with said East line, North 01'04'20" West, 1181.68 feet; Thence leaving said East line, North 65°15'02" East, 35.00 feet, to a point on the West Right -of -Way line of "Interstate 55"; Thence with said line, South 21°45'00" East, 839.14 feet; Thence leaving said line, South 68°15'00" West, 169.57 feet; Thence South 21045'00" East, 50.00 feet; Thence South 01°04'20" East, 314.26 feet; Thence South 35°59'36" West, 310.87 feet to a point on said East line of a tract of land described in deed document no. 2008-01829; Thence with said East line, South 01'04'20" East, 318.30 feet; Thence South 21'01'30" West, 81.72 feet, to the point of beginning and containing 13.16 acres, more or less. TRACT 2. THAT PART OF LOT #2 OF KENSINGTON PLACE — PHASE ONE AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, ALSO PART OF DEED DOCUMENT NO. 2008-01829 OF THE LAND RECORDS OF SAID COUNTY IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest corner of a property recorded in the Land Records of Cape Girardeau County, Missouri in Deed Document No. 2006-12426; thence North 000 50' 33" West, 314.40 feet; thence North 89° 01' 02" East, 245.18 feet; thence along the arc of a tangent curve to the left, having a radius of 125.00 feet and a length of 63.24 feet, (the chord of said arc bears North 74° 31' 22" East, 62.57 feet); thence North 60° 01' 42" East, 283.62 feet, the point of beginning; thence along the arc of a tangent curve to the right, having a radius of 40.00 feet and a length of 62.83 feet, (the chord of said arc bears South 74° 58' 18" East, 56.57 feet); thence South 29° 58' 18" East, 86.40 feet; thence along the arc of a tangent curve to the right, having a radius of 59.50 feet and a length of 50.49 feet, (the chord of said arc bears South 05° 39' 47" East, 48.99 feet); thence North 60° 01' 42" East, 90.33 feet; thence along the arc of a non -tangent curve concave to the Northeast, having a radius of 59.50 feet, a distance of 50.49 feet (the chord of said arc bears North 540 16' 50" West, 48.99 feet); thence North 29° 58'18" West, 126.40 feet; thence South 60° 01' 42" West, 90.00 feet to the point of beginning and containing 9,448 square feet, more or less. TRACT 3. THAT PART OF LOTS 2 AND 3 OF KENSINGTON PLACE- PHASE ONE AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND PART OF A TRACT OF LAND RECORDED IN DEED DOCUMENT NO. 2008-01829 OF THE LAND RECORDS OF SAID COUNTY IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest corner of a property recorded in the Land Records of Cape Girardeau County, Missouri, in Deed Document No. 2006-12426; thence North 00050' 33" West, 314.40 feet, to the point of beginning; thence North 00° 50' 33" West, 50.00 feet; thence North 89° 01' 02" East, 245.00 feet; thence along the arc of a tangent curve to the left, having a radius of 75.00 feet and a length of 37.95 feet (the chord of said arc bears North 74° 31' 22" East, 37.54 feet); thence North 60° 01' 42" East, 373.62 feet; thence South 290 58' 18" East, 50.00 feet; thence South 600 01' 42" West, 373.62 feet; thence along the arc of a tangent curve to the right, having a radius of 125.00 feet and a length of 63.24 feet, (the chord of said arc bears South 74° 31' 22" West, 62.57 feet); thence South 890 01' 02" West, 245.18 feet to the point of beginning and containing 33,466 square feet, or 0.768 acres, more or less. ARTICLE 2. Be it further resolved that in accordance with Chapter 71.012 RSMo it is now ordered that a public hearing be set for September 21, 2009, at which hearing any interested person, corporation or political subdivision may present evidence regarding the proposed annexation. ARTICLE 3. It is further resolved that notice of said public hearing be published in a newspaper of general circulation qualified to publish legal matters not less than se en (7) days prior to September 21, 2009. PASSED AND ADOPT . DAY OF S�CS� , 2009. A.Lg�j ATTT: A �,, _ �� ay Knudtson, Mayor Gayle L(1 6nrad, City Cl