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HomeMy WebLinkAboutORD.2963.01-22-2002BILL NO. 02-6 ORDINANCE NO. y_ 1 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE WILLIAM O.L. SEABAUGH VOLUNTARY TRUST, BY WILLIAM F. SEABAUGH, TRUSTEE, AND THE PATRICIA L. SEABAUGH VOLUNTARY TRUST, BY PATRICIA L. SEABAUGH, TRUSTEE WHEREAS, The William O. L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee, 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, public hearing was held on December 3, 2001, 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 The William O.L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee, and more particularly described as follows: A PART OF LOT NO. 1 OF CAPE LA CROIX FARMS SUBDIVISION, AND A PART OF THE NORTHWEST QUARTER OF SECTION NO. 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a %" Iron Pin at the Northeast corner of lot no. 1 of Cape La Croix Farms Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no. 12, said point also being in the centerline of County Road No. 620 from which point a 1" Iron Pipe at the Northeast corner of the Northwest quarter of said Section no. 23 bears N 880 44' 23" E, 1396.11 feet; thence along the centerline of County Road No. 620 the following courses and distances: S 170 05' 43" E, 160.60 feet; thence S 150 18' 23" E, 682.77 feet; thence S 150 18' 59" E, 692.21 feet to a 'A" Iron Pin, said point being the Southeast corner of a tract of land recorded in book no. 766 at page no. 277, and said point also being on the Northerly Right of Way line of Missouri State Route W; thence along said Right of Way line the following courses and distances: S 740 44' 40" W, 35.00 feet; thence S 110 01' 06" E, 36.5 feet to the True Point of Beginning: Thence continuing along said right of way line, S 110 01' 06" E, 98.86 feet to a %" Iron Pin; thence S 150 15' 20" E, 394.27 feet to a ;5" Iron Pin at the Southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book no. 428 at page no. 952; Thence S 880 05' 46" W, 909.29 feet along the South line of said tract to a %" Iron Pin at the Southeast corner of Lot no. 4 of Cape La Croix Farms Subdivision as recorded in plat book no. 17 at page no. 12; thence N 130 56' 31" W, 487.41 feet along the East line of said lot, said point being on the south line of an existing 50 foot wide ingress and egress easement (Deer Creek Road); thence along the south line of said easement the following courses and distances: N 880 28' 53" E, 151.20 feet to a point; thence S 810 55' 06" E, 87.52 feet to a point; thence N 810 28' 13" E, 176.33 feet to a point; thence N 880 03' 07" E, 491.69 feet to the point of beginning containing 9.902 acres and subject to the aforementioned ingress and egress easement, recorded in book no. 524 at page no. 377. ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. 2. 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. PASSED AND APPROVED THIS , 0 pc� DAY OF i M. npiadling, III, MVyor 3.