HomeMy WebLinkAboutORD.3037.08-19-2002BILL NO. 02-148
ORDINANCE NO. �.
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF
PRESTWICK HOLDINGS, L.L.C.
WHEREAS, Prestwick Holdings, L.L.C., has presented to the City
Council of Cape Girardeau, Missouri, their Verified Petition
requesting annexation as the owner 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 July 15, 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, more particularly described
as follows:
All of that part of United States Private Survey Number
2189, Township 31 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 Northeast corner of United States Private
Survey Number 2189; thence with the north line of said
U.S.P.S. 2189, North 860 08' 17" West, 698.04 feet;
thence leaving said North line, South 040 45' 50" West,
427.81 feet, to a point on the North line of Blackford
Lane; thence with said North line, South 750 24' 17"
West, 201.10 feet; thence South 830 37' 44" West, 218.27
feet; thence leaving said North line of Blackford Lane,
North 020 16' 33" West, 533.26 feet, to the North line of
said U.S.P.S. 2189; thence with said North line, South
860 08' 17" East, 469.30 feet, to the point of beginning
and containing 4.91 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.
PASSED AND APPROVED THIS `r -_>�_ DAY OF �� 1 20
fJay 11 Knudtson Mayor