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HomeMy WebLinkAboutORD.2649.01-18-2000BILL NO. 2000 - ORDINANCE NO. AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF ERVIN FRANK, JR. AND LUCILLE FRANK WHEREAS, Ervin Frank, Jr. And Lucille Frank, have presented to the City Council of Cape Girardeau, Missouri, their Verified Petitions 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 December 6, 1999, 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 annexations; and WHEREAS, the City Council of Cape Girardeau 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 area to be annexed within a reasonable time; and WHEREAS, the City Council has determined that the property 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 land 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. That the corporate limits of the City of Cape Girardeau, Missouri, shall be extended so as to annex the following described unincorporated area 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 territory as described hereinbelow, to -wit: A certain tract of land owned by Ervin Frank, Jr. And Lucille Frank, husband and wife, and more particularly described as follows: A parcel of land containing 10.76 acres, more or less, located in the Northeast Quarter of the Northwest Quarter of Section 22, Township 31 North, Range 13 East; described as follows: Start at the Southeast corner of the said Northeast Quarter of the Northwest Quarter of Section 22; thence North, along the east line same, 542.6 feet to the center of a small Branch for the point of beginning; thence continue North, 742.7 feet to the center of a small Creek; thence along the said center as follows; South 690 30' West, 151.6 feet; South 890 West, 135.5 feet, South 750 West, 157.0 feet; South 660 15' West, 96.0 feet and South 500 30' West, 132.1 feet to the northeast corner of a 2.80 acre parcel; thence leaving said Creek, go South 335.1 feet to the Southeast corner thereof; thence South 580 20' West, along the South line of same, 26.8 feet to the northeast corner of a 3.0 acre parcel; thence South, along the east line of said parcel 372.0 feet to the center of a small Branch; thence North 500 0' East, 410.5 feet and South 850 30' East 340.0 feet to point of beginning. ALSO, The right of ingress and egress over the following described strip of land; Start at the Southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 22; thence North, along the west line of said Quarter Quarter, 456.5 feet; for the point of beginning; thence East 358.7 feet; thence North 580 20' East, 442.7 feet; thence South 31° 40' East 14.0 feet; thence South 580 20' West, 446.7 feet; thence West, 362.7 feet and North 14.0 feet to the point of beginning. ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. ARTICLE 3. 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 4. That 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 5. That the City Council 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 area to be annexed within a reasonable time. Further, the City Council of Cape Girardeau, Missouri, finds and determines that with respect to the land 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. 2. PASSED AND APPROVED THIS ° y DAY OF LL)DU CA Yl., 20 A. M. Spradling, III, or ATTEST: Gayle.L. Conrad City Clerk 3.