HomeMy WebLinkAboutORD.2651.01-18-20001
BILL NO. 2nn0-4 ORDINANCE NO.
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF
MISSOURI STATE HIGHWAY AND TRANSPORTATION
COMMISSION; CHRISTIAN FAITH FELLOWSHIP; ROMAN
CATHOLIC DIOCESE OF SPRINGFIELD -CAPE
GIRARDEAU, INC.; AND JAMES L. DRURY, TRUSTEE
AND WANDA L. DRURY, TRUSTEE
WHEREAS, Missouri State Highway And Transportation Commission;
Christian Faith Fellowship, a Missouri not-for-profit Corporation;
Roman Catholic Diocese Of Springfield -Cape Girardeau, Inc., a
Missouri not-for-profit Corporation; and James L. Drury, Trustee,
and Wanda L. Drury, Trustee, of the James L. Drury and Wanda L.
Drury Revocable Real Estate Trust of February 22, 1994, 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 Missouri State Highway And
Transportation Commission, and more particularly described as
follows:
A portion of the right of way as shown on the Missouri
State Route "K" Relocation Highway plans of MoDOT
identified as Job Number 10 -S -K-53 more particularly
described as:
A part of United States Private Survey No. 3099,
Sections 3 and 4, 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:
Beginning at the Missouri State Route "K" station 145+65,
said point being witnessed by a Reinforced Concrete Pipe
passing under Route "K" and being also 150 feet West of
the intersection of Route "K" and Old Benton Road; thence
in an easterly direction, a distance of 9576.81 feet
along the centerline of Missouri State Route "K" to the
existing City limits of the City of Cape Girardeau, in
the State of Missouri, said point also being station
241+41.81, including all of the right of way north and
south of the centerline as shown on the Missouri State
Route "K" Relocation Highway plans identified as Job
Number 10 -S -K-53. Containing approximately 42.2 acres,
more or less.
A certain tract of land owned by Christian Faith Fellowship,
A Missouri Not -For -Profit Corporation, and more particularly
described as follows:
That part of the Northwest Quarter of Section 3, Township
30 North, Range 13 East, and that part of the Southwest
Quarter of Section 34, Township 31 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 at the intersection of the
South line of said Section 34 and the West line of U.S.P.
Survey No. 3090; thence South 890 39' 11" West, with the
South line of said Section 34, a distance of 2030.84
feet, to the Northwest corner of a tract described in
Deed Book 648, at page 96; thence South 00° 22' 49" East,
with the West line of said tract, a distance of 288.38
feet, to the Southwest corner of said tract, being on the
North right of way line of Missouri State Route "K";
thence North 720 19' 43" West, with said North right of
way line, a distance of 42.07 feet, to the place of
2.
beginning; thence continue North 720 19' 43" West, with
the North line of said Route "K", a distance of 317.77
feet; thence leaving said Route "K", North 080 13' 33"
East, 418.71 feet; thence North 080 13' 29" East, 293.96
feet; thence North 890 39' 11" East, 195.49 feet; thence
South 00° 22' 49" East, 803.00 feet, to the place of
beginning and containing 4.366 acres, more or less.
Subject to any easements of record.
That part of the Northwest Quarter of Section 3, Township
30 North, Range 13 East, and that part of the Southwest
Quarter of Section 34, Township 31 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 at the intersection of the
South line of said Section 34, and the West line of
U.S.P. Survey No. 3090; thence South 890 39' 11" West,
with the South line of said Section 34, a distance of
1596.84 feet, to the place of beginning; thence continue
South 890 39' 11" West, with the South line of said
Section 34, a distance of 434.00 feet, to the Northwest
corner of a tract described in Deed Book 648, at page 96
of the Land Records of Cape Girardeau County; thence
South 000 22' 49" East, with the West line of said tract,
a distance of 288.38 feet, to the Southwest corner of
said tract, being on the North right of way line of
Missouri State Route "K"; thence with said North right of
way line North 720 19' 43" West, 42.07 feet; thence
leaving said right of way line, North 00° 22' 49" West,
803.00 feet; thence North 890 39' 11" East, 474.00 feet;
thence South 000 22' 49" East, 527.64 feet, to the place
of beginning, and containing 6.00 acres, more or less.
Subject to any easements of record.
A certain tract of land owned by Roman Catholic Diocese Of
Springfield -Cape Girardeau, Inc., a Missouri not-for-profit
Corporation, and more particularly described as follows:
A part of the Fractional Northwest Quarter of Section 4,
Township 30 North, Range 13 East of the Fifth Principal
Meridian, County of Cape Girardeau, State of Missouri,
being more particularly described as follows: Commencing
at the Northeast corner of United States Private Survey
No. 3233; thence North 010 11' 13" East, 259.24 feet to
a one-half inch iron pin (set) in the North edge of Hitt
Road, and being the true point of beginning: thence North
3.
890 31' 05" West, 77.67 feet along the North edge of Hitt
Road to a one-half inch iron pin (set); thence North 000
17' 29" East, 62.74 feet to a one-half inch iron pin
(set) on the North line of a tract of land recorded in
the land records of the County Recorder's office in Book
No. 208 at Page No. 573; thence North 830 15' 00" East,
79.40 feet along said North line to a one-half inch iron
pin (set) at the Northeast corner of said tract; thence
South 010 11' 13" West, 72.74 feet along the East line of
said tract to the point of beginning, containing 0.122
acres more or less.
A certain tract of land owned by Roman Catholic Diocese Of
Springfield -Cape Girardeau, Inc., a Missouri not-for-profit
Corporation and James L. Drury, Trustee, and Wanda L. Drury,
Trustee, of the James L. Drury and Wanda L. Drury Revocable Real
Estate Trust of February 22, 1994., and more particularly described
as follows:
TRACT 1:
ALL OF THAT PART OF FRACTIONAL SECTION 4, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN
THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at the Southeast Corner of United States Private
Survey No. 218. thence North 15° 16' 51 " East, 734.57
feet, to the place of beginning; thence South 000 30' 44"
East, 396.41 feet, thence North 890 29' 16" East, 792.46
feet, thence South 000 30' 44" East, 682.11 feet, thence
South 890 29' 16" West, 792.46 feet, thence South 000 30'
44" East, 589.23 feet, thence South 840 17' 06" West,
60.25 feet, thence North 000 30' 44" West, 1909.29 feet,
thence South 790 09' 59" East, 42.10 feet, thence North
890 31' 25" East, 18.72 feet, thence South 000 30' 44"
East, 227.78 feet, to the place of beginning and
containing 15.03 acres, more or less.
TRACT 2:
ALL OF THAT PART OF FRACTIONAL SECTION 4, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN
THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
4.
COMMENCE at the Southeast Corner of United States Private
Survey No. 218, thence North 150 16' 51" East, 734.57
feet, thence South 000 30' 44" East, 396.41 feet, thence
North 890 29' 16" East, 792.46 feet, to the place of
beginning, thence continue North 89° 29' 16" East, 582.70
feet, thence South 000 30' 44" East, 1038.59 feet, thence
South 890 29' 16" West, 1375.16 feet, thence North 000
30' 44" West, 356.48 feet, thence North 890 29' 16" East,
792.46 feet, thence North 000 30' 44" West, 682.11 feet,
to the place of beginning and continuing 20.38 acres,
more or less.
TRACT 3:
ALL OF THAT PART OF FRACTIONAL SECTION 4, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN
THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at the Southeast Corner of United States Private
Survey No. 218, thence North 150 16' 51 " East, 734.57
feet to the place of beginning; thence North 89° 29' 16"
East, 1375.16 feet, thence South 000 30' 44" East, 396.41
feet, thence South 89° 29' 16" West, 1375.16 feet, thence
North 000 30' 44" West, 396.41 feet, to the place of
beginning and containing 12.51 acres, more or less.
A certain tract of land owned by James L. Drury, Trustee, and
Wanda L. Drury, Trustee, of the James L. Drury and Wanda L. Drury
Revocable Real Estate Trust of February 22, 1994, and more
particularly described as follows:
DESCRIPTION OF JIM DRURY PARCEL
THAT PART OF U.S.P. SURVEY NO. 218 AND THAT PART OF
SECTION 4, ALL IN 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 the Southeast corner of said U.S.P. Survey
No. 218; thence North 7011149" East, 953.94 feet, to the
place of beginning; thence South 79009159" East, 12.19
feet; thence South 00°30144" East, 1909.29 feet; thence
South 84017106" West, 948.32 feet; thence South 61053156"
West, 483.01 feet; thence South 78027128" West, 340.12
feet; thence North 18°28126" West, 99.59 feet; thence
5.
North 82022141" East, 450.00 feet; thence North 65°51141"
East, 138.30 feet; thence North 01058154" West, 209.18
feet; thence South 82008144" West, 558.42 feet; thence
North 09015130" East, 67.36 feet; thence North 10°41'16"
East, 186.23 feet; thence North 11°36149" East, 129.68
feet; thence North 1204611611 East, 131.92 feet; thence
North 13048141" East, 251.72 feet; thence North 10008106"
East, 128.72 feet; thence North 78033155" East, 293.42
feet; thence North 24°46153" West, 440.00 feet; thence
South 80032103" West, 192.19 feet; thence North 26037159"
West, 154.57 feet; thence along the arc of a curve to the
right, having a radius of 650.00 feet, a distance of
362.82 feet; thence North 5020155" East, 2.74 feet;
thence South 70006111" East, 215.60 feet; thence North
69038140" East, 54.00 feet; thence North 64054132" East,
192.87 feet; thence North 17033124" East, 324.68 feet, to
a point on the arc of a non tangent curve; thence in a
Southeasterly direction along the arc of said curve,
being concave to the Northeast and having a radius of
2004.86 feet, a distance of 99.08 feet (the chord across
said arc bears South 66029148" East, 99.00 feet); thence
South 76004124" East, 188.90 feet; thence South 73022121"
East, 246.74 feet; thence South 67000132" East, 192.17
feet; thence North 76050125" East, 281.12 feet; thence
North 89031125" East, 197.83 feet; thence South 79009159"
East, 47.80 feet to the place of beginning and containing
71.65 acres, more or less.
TRACT NORTH OF NOTRE DAME SITE
ALL OF THAT PART OF FRACTIONAL SECTION 4, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN
THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at tile Southeast Corner of United States
Private Survey No. 218, Hence North 15°16'51" East,
734.57 feet, to the place of beginning; thence North
00030144" West, 227.78 feet, to a point on the South
right of way line of Missouri State Route 'K', thence
with said South Right of Way line, North 89031125" East,
181.28 feet, thence North 80026100" East, 126.59 feet,
thence North 8902612011 East, 296.67 feet, thence along
the arc of a curve concave to the North, having a radius
of 11,534.16 feet, a distance of 773.01 feet, (the chord
across said arc bears North 87006113" East, 772.86 feet),
M.
thence leaving the South line of said Missouri State
Route 'K', South 00030144" East, 280.00 feet, thence
South 89029116" West, 1375.16 feet, to the place of
beginning and containing 7.92 acres, more or less.
TRACT SOUTH OF NOTRE DAME LOT
ALL OF THAT PART OF FRACTIONAL SECTION 4, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN
THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at the Southeast Corner of United States Private
Survey No. 218, thence North 15°16'51" East, 734.57 feet,
thence South 00030144" East, 1,435.00 feet, to the place
of beginning; thence North 89029116" East, 1375.16 feet;
thence South 00030144" East, 350.00 feet, thence North
88055154" West, 1355.00 feet, thence North 01004106"
East, 82.00 feet, thence South 84017106" West, 23.03
feet, thence North 00030144" West, 232.75 feet, to the
place of beginning and containing 10.41 acres, more or
less.
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.
7.
9�1
PASSED AND APPROVED THIS DAY OF a✓L, , 20.
/AO
A. M. Spradling, III ayor
ATTEST:
Gayle_L. Conrad
City Clerk
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