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Home My WebLink AboutORD.2990.04-01-2002BILL NO. 02-61 ORDINANCE NO. AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF PRESTWICK HOLDINGS, L.L.C., AND PATRICK F. EVANS WHEREAS, Prestwick Holdings, L.L.C., and Patrick F. Evans, have presented to the City Council of Cape Girardeau, Missouri, their Verified Petition 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 February 19, 2002, 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 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 PRESTWICK HOLDINGS, L.L.C., a Missouri Limited Liability Company, and PATRICK F. EVANS, more particularly described as follows: THAT PART OF UNITED STATES PRIVATE SURVEYS 193, 194, 317 AND 3139, AND THAT PART OF FRACTIONAL SECTIONS 15 AND 16, TOWNSHIP 30 NORTH, RANGE 13 EAST, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest Corner of said U.S.P.S. 193; thence with the West line of said U.S.P.S. 193, North 05043157" East, 2835.05 feet; thence leaving said West line, South 86007129" East, 893.94 feet, to the centerline of a creek; thence along said centerline, North 20031' 49" West, 144.67 feet; thence North 05021'21" East, 101.89 feet; thence North 13002108" East, 170.57 feet; thence North 38034159" East, 149.72 feet; thence North 50013138" East, 123.02 feet; thence North 50026147" East, 128.38 feet; thence North 20030139" West, 174.25 feet; thence North 12050'20" East, 68.08 feet; thence North 22023126" East, 104.55 feet; thence North 04028107" West, 34.05 feet; thence leaving said centerline, North 76043107" West, 996.60 feet; thence South 87046153" West, 170.28 feet; thence South 06016153" West, 236.01 feet; thence South 75024122" West, 838.86 feet; thence North 04054'48" East, 2271.86 feet, to a point on the North line of said U.S.P.S. 194; thence along said North line, South 84123123" East, 2197.78 feet; thence South 05024133" West, 873.84 feet, to the Southwest corner of said U.S.P.S. 2284; thence along the South line of said U.S.P.S. 2284, South 84035127" East, 1798.13 feet, said point being the Southeast corner of said U.S.P.S. 2284 and the Southwest corner of said U.S.P.S. 787; thence along the South line of said U.S.P.S. 787, South 81021127" East, 914.99 feet; thence leaving said South line, South 39041140" East, 1204.16 feet, to a point on the East line of said U.S.P.S. 194; thence along said East line, South 08040' 19" West, 335.85 feet, to a corner common to said U.S.P. Surveys 193, 194, 317 and 787; thence along the North line of said U.S.P.S. 317, South 84009104" East, 1909.72 feet, to a point on the centerline of Bloomfield Road; thence along said centerline, South 06023149" West, 489.69 feet; thence South 07033124" West, 258.74 feet; thence South 10010155" West, 261.94 feet; thence South 09028156" West, 114.55 feet; thence South 08035128" West, 253.63 feet; thence South 10023137" West, 90.01 feet; thence leaving said centerline, North 86014159" West, 293.09 feet; thence North 18056132" West, 258.03 feet; thence South 46034128" West, 167.95 feet; thence South 13049132" East, 163.09 feet; thence South 04013128" West, 255.26 feet; thence South 78032132" East, 365.84 feet, to a point on the centerline of said Bloomfield Road; thence along said centerline, South 22008132" West, 241.00 feet; thence South 23001123" West, 492.45 feet; thence South 27019113" West, 319.95 feet, thence South 53016141" West, 341.08 feet, thence South 62058120" West, 174.74 feet, thence South 41015133" West, 311.25 feet, thence South 28020'54" West, 122.50 feet, thence South 21043154" West, 75.30 feet, thence South 14022154" West, 90.73 feet, thence South 11007154" West, 163.46 feet, thence South 08018125" West, 329.22 2. feet; thence South 04056159" East, 83.73 feet; thence South 05044'52" East, 148.79 feet; thence South 02005129" East, 78.74 feet; thence South 01030149" West, 91.16 feet; thence South 04033130" West, 347.75 feet; thence South 06028120" West, 104.07 feet; thence South 09015119" West, 127.00 feet; thence South 13049109" West, 90.15 feet; thence leaving said centerline, North 65000143" West, 374.04 feet; thence South 17032123" West, 562.90 feet; thence South 44038119" East, 370.65 feet, to a point on the centerline of said Bloomfield Road; thence along said centerline, South 21029147" West, 185.53 feet; thence South 29035' 12" West, 101.86 feet; thence leaving said centerline, North 86008117" West, 324.56 feet, to the Northeast corner of U.S.P.S. 2189; thence continue North 86008117" West, along the North line of said U.S.P.S. 2189, 2014.07 feet; thence continue along said North line, North 85010157" West, 872.77 feet, to the Southwest corner of said U.S.P.S. 3139; thence leaving said North line and along the West line of said U.S.P.S. 3139, North 05028154' East, 473.63 feet; thence leaving said West line, South 89032135" West, 986.06 feet; thence North 00021135" East, 2209.57 feet, to a point on the South line of said U.S.P.S. 193; thence along said South line, North 84140105" West, 954.48 feet, to the Southwest corner of said U.S.P.S. 193, the point of beginning and containing 958.55 acres, more or less. Excepting that part east of a line fifteen (15) feet west of the centerline of County Road No. 205, also known as Bloomfield Road and that part north of a line fifteen (15) feet south of the centerline of County Road No. 208. 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 3. f 4 I 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. '-"'l PASSED AND APPROVED THIS 1 e:�,t� c:lerx DAY OF -� 2 0 . A. 0. Spradling, III, or M