HomeMy WebLinkAboutOrd.693.05-01-1989BILL NO. 89-57
ORDINANCE NO. ((/ /l3
AN ORDINANCE ANNEXING LAND TO THE CITY OF
CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST
OF DRURY DEVELOPMENT CORPORATION AND THE
ELEANOR B. RICHMOND VOLUNTARY TRUST AND
ELEANOR B. RICHMOND
WHEREAS, Drury Development Corporation has presented to the
City Council of Cape Girardeau, Missouri, its Verified Petition
requesting annexation as the owner of all fee interest of record of
a certain tract of land which it proposes to be annexed to the City
of Cape Girardeau, Missouri; and
WHEREAS, the Eleanor B. Richmond Voluntary Trust, by and
through Irvin Richmond and Terry Tuschhoff, Co -Trustees and Eleanor
B. Richmond, have presented to the City Council of Cape Girardeau,
Missouri, their Verified Petition requesting annexation and signed
by them as the owners of all fee interest of record in 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 September 6, 1988, 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:
SECTION 1. That the corporate limits of the City of Cape
Girardeau, Missouri, shall be extended so as to annex the following
described unincorporated areas of land which are 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 Drury Development Corporation
and more particularly described as follows:
A part of United States Private Surveys No. 175 and 3090,
Townships 30 and 31 North, Range 13 East of the Fifth
Principal Meridian, County of Cape Girardeau, State of
Missouri, being more particularly described as follows:
Beginning at a point on the South line of U.S.P.S. No.
3090, from which the Southwest corner of Lot No. 1,
Commissioners Plat Subdivision of U.S.P.S. No. 3090 bears
N. 85" 01' 35" W., 667.38 feet; thence N. 390 50' 18" E.,
659.60 feet; thence N. 21° 45' 00" W., 1561.90 feet; thence
N. 500 30' 00" W., 809.00 feet; thence N. 05" 54' 00" E.,
456.70 feet to the existing Southwesterly Annexation line
of the City of Cape Girardeau, dated April 1974; thence
along said annexation line, the following courses and
distances: S. 83° 03' 00" E., 923.40 feet; thence S. 210
45' 00" E., 1921.81 feet; thence N. 590 48' 46" E., 396.32
feet; thence N. 12" 47' 17" W., 683.81 feet to a point on
e
the Westerly right-of-way line of Interstat55; thence
along said West right-of-way line, the following courses
and distances: S. 210 45' 00" E., 836.57 feet; thence S.
18° 53' 15" E., 100.12 feet; thence S. 210 45' 00" E.,
900.00 feet; thence S. 110 11' 24" E., 1,116.41 feet to the
North right-of-way line of Bloomfield Road; thence along
said North right-of-way line the following_ courses and
distances: S. 300 02' 31" W., 211.49 feet to the beginning
of a non -tangent curve concave to the Southeast having a
radius of 5859.65 feet and a central angle of 010 46' 00"
from which point a radial line bears S. 31° 45' 00" E.;
thence along said curve in a Southwesterly direction 180.68
feet to the point of tangency of said curve; thence S. 560
29' 00" W., 86.97 feet; thence S. 170 49' 25" W., 128.06
feet; thence S. 53° 12' 46" W.., 350.57 feet; thence S. 330
31' 00" E., 15.00 feet; thence S. 550 53' 23" W., 472.37
feet; thence N. 270 10' 54" W., 2073.33 feet to the point
of beginning, containing 120.00 acres, more or less.
SECTION 2. That the corporate limits of the City of Cape
Girardeau, Missouri, shall be extended so as to annex the following
described unincorporated areas of land which are adjacent to and
contiguous and compact with the existing corporate limits of the
City of Cape Girardeau, Missouri, and to extend the limits of the
City over said said territory as described hereinbelow, to -wit:
A certain tract of land owned by the Eleanor B. Richmond
Voluntary Trust, and Eleanor B. Richmond, and more particularly
described as follows:
A part of United States Private Survey No. 3090, Township
30 North, Range 13 East of Fifth Principal Meridian, County
of Cape Girardeau, State of Missouri, more particularly
described as follows:
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Beginning at a point on the South line of U.S.P.Survey No.
3090, North 890 55' West, 94.29 feet from the Southeast
corner of said Private Survey, said point also lying on the
West right-of-way line of Interstate Route 55; thence North
850 01' West, 1837.94 feet along the South line of U.S.P.
Survey 3090 to a Southeast corner of the Siemers Tract,
recorded in Book 150, Page 67 of the County Recorders
Office; thence along the Easterly line of the Siemers Tract
the following courses and distances: North 390 50' East,
1286.52 feet; thence North 590 48' East, 478.52 feet;
thence North 120 47' West, 683.45 feet to the West
right-of-way line of Interstate 55, thence Southerly and
Easterly along said West right-of-way line the following
courses and distance, South 21° 46' East, 835.95 feet;
thence South 181 51' East, 100.15 feet; thence South 211
45' East, 900.48 feet; thence South 110 11' East, 354.24
feet to the point of beginning containing 33.99 acres more
or less.
SECTION 3. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval.
SECTION 4. 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.
SECTION 5. It is the intention of the governing body and it is
hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of Ordinances of the City of Cape
Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
SECTION 6. 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.
SECTION 7. That the City Council of Cape Girardeau, Missouri,
does hereby find and determine that the annexation of the tracts
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 areas 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.
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PASSED AND APPROVED THIS [ DAY OF , 1989.
F ancis E. Acles,ayor
ATTEST:
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