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HomeMy WebLinkAboutOrd.1720.06-05-1995 BILL NO. 95-101 ORDINANCE NO. � �/:�(� AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE CONSTANCE W. HARRIS TRUST WHEREAS, Constance W. Harris, as Trustee of the Constance W. Harris Revocable Living Trust of June 23 , 1983, has presented to the City Council of Cape Girardeau, Missouri, her Verified Petition requesting annexation as the owners of all fee interest of record of a certain tract of land which she proposes to be annexed to the City of Cape Girardeau, Missouri; and WHEREAS, public hearing was held on April 17, 1995, 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 Constance W. Harris, as Trustee of the Constance W. Harris Revocable Living Trust of June 23 , 1983, and more particularly described as follows: A parcel of land containing 13 . 82 acres located in the South Half of the Northwest Quarter of Section 23, Township 31 North, Range 13 East, described as follows: Start at the West Quarter Corner of said Section 23 ; thence run North 87° 57' East, 2041. 0 feet to a point in the West right-of-way line of Route "W" ; thence North 15° 39' West, 30.9 feet for the point of beginning; thence continue North 15° 39' West, with said right-of-way line 637 . 8 feet; thence South 87° 57' West, 1122 . 37 feet; thence South 41° 33 ' East, 609. 0 feet; thence South 2° 03 ' East, 150. 0 feet; thence North 87° 57' East, 895.7 feet to the point of beginning. This description is intended to be those premises previously recorded at Book 375, Page 307, and Book 409, Page 973 of the land records of Cape Girardeau County, Missouri. AND A parcel of land containing 20.49 acres, located in the North Half of the Southwest Quarter of Section 23 , Township 31 North, Range 13 East, described as follows: Beginning at the West Quarter corner of said Section 23 ; thence East, along the Quarter Section line, 2095.5 feet to an intersection with the West right-of-way line of Highway Route "W" ; thence South 15° 39' East, along said West line, 430. 2 feet; thence West, parallel with the Quarter Section line, 2211. 6 feet to a point in the West line of Section 23; thence North, along said West line, 414 .2 feet to the point of beginning. This description is intended to be those premises previously recorded at Book 301, Page 303 , and Book 409, Page 977 of the land records of Cape Girardeau County, Missouri. AND Al1 that part of Section 22 and 23, Township 31 North, Range 13 East, in the County of Cape Girardeau, Missouri, described as follows: Commence at the Quarter corner on the line between Sections 22 and 23, Township 31 North, Range 13 East and run North 87° 51' West along the South line of the Southeast Quarter of the Northeast Quarter of Section 22 a distance of 586. 6 feet; thence North 2° 03' West, 607 . 0 feet; thence North 87° 57' East, 1335. 0 feet; thence South 41° 33 ' East, 609. 0 feet; thence South 2° 03 ' East, 150. 0 feet; thence North 87° 57' East, 895.7 feet to a point in the West right-of-way line of State Route "W" ; thence South 15° 39' East along said West right-of-way line a distance of 30.9 feet to the intersection of said West right-of-way line and the South line of the Northwest Quarter of Section 23, Township 31 North, Range 13 East; thence South 87° 57' West along said South line of the Northwest Quarter of Section 23 , a distance of 2041. 0 feet to the point of beginning, and containing 23 .93 acres more or less. This description is intended to be those premises previously recorded at Book 248, Page 186, Book 310, Page 2. 14, and Book 409, Page 979 of the land records of Cape Girardeau County, Missouri. AND A parcel of land containing 10. 00 acres located in the Northeast Quarter of the Southeast Quarter of Section 22 , Township 31 North, Range 13 East, described as follows: Begin at the Northeast corner of the Northeast Quarter of the Southeast Quarter of Section 22 , Township 31 North, Range 13 East, and run South along the East line of Section 22, a distance of 414.2 feet; thence South 87° 57' West, 969. 0 feet; thence North parallel to the East line of said Section 22 , a distance of 485. 36 feet to a point on the North line of the Northeast Quarter of the Southeast Quarter of said Section 22; thence South 87° 51' East along the Quarter line a distance of 971. 61 feet to the point of beginning. This description is intended to be those premises previously recorded at Book 367, Page 264, and Book 409, Page 981 of the land records of Cape Girardeau County, Missouri. AND A part of the Northeast Quarter of the Southeast Quarter of Section Twenty-two (22) , Township Numbered Thirty-one (31) North, Range Numbered Thirteen (13) East of the Fifth Principal Meridian, County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at a point on the line between Sections 22 and 23 , from which point an Iron Pipe and Missouri State Highway 61 right-of-way marker at the Southeast corner of Section 22 bears South 00° 51' 31" East, 2 , 224 . 96 feet and a Metal T-Post at the Quarter Corner between Section 22 and 23 bears North 00° 50' 31" West, 414 . 03 feet; thence South 88° 23' 43" West, 968 .53 feet along the South line of a tract of land owned by the Constance W. Harris Trust to a 1/2" Iron Pin at the Southwest corner of said tract and being the True Point of Beginning; thence continuing South 88° 23 ' 43" West, 348 . 26 feet to a 1/2" Iron Pin on the West line of the Northeast Quarter of the Southeast Quarter of Section 22; thence North 01° 32 ' 36" West, 500.74 feet along the Northeast Quarter of West line of said Quarter Quarter Section line to a 5/8" Iron Pin at the Northwest corner of the Southeast Quarter; thence South 87° 51' 00" East, 351. 30 feet along the North line of said Southeast Quarter to a 1/2" Iron Pin at the Northwest corner of said tract of land owned by the Constance W. Harris Trust; thence South O1° 16' 00" East, 477.74 feet along the West line of said tract 3. to the point of beginning, containing 3 . 92 acres, more or less. Subject to terms, conditions, restrictions and reservations of record, if any. This description is intended to be those premises previously recorded at Book 687, Page 110, and Book 724, Page 163 of the land records of Cape Girardeau County, Missouri. AND The South Part of Lot Numbered Two (2) of Cape LaCroix Farms Subdivision in the County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 17 at Page 12, land records of Cape Girardeau County, Missouri, described as follows: Begin at a 5/8" Iron Pin at the Southwest corner of said Lot 2, said point also being the Southwest corner of the Southeast Quarter of the Northeast Quarter of Section 22 , Township 31 North, Range 13 East; thence North O1° 23 ' 45" West, 620. 82 feet along the West line of said Lot 2, to a 1/2" Iron Pin; thence South 71° 52 ' 31" East, 776. 58 feet to a 1/2" Iron Pin on the East line of said Lot 2 ; thence South 02° 03 ' 00" East, 407. 00 feet along the East line of said Lot 2 to the Southeast corner thereof; thence North 87° 51' 00" West, 738. 01 feet along the South line of said Lot 2, to the point of beginning. This description is intended to be those premises previously recorded at Book 682, Page 402 , and Book 724, Page 163 of the land records of Cape Girardeau County, Missouri. 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 4. 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 ��..� DAY OF `;i �c1�' ,'"r�- , 19 .� . A. . Sp adling, I , Ma or Y ATTEST: , _ , -� � � I,-�ard' _'t��[��A. I��i�. � Depiity City Clerk ,:�-a �� j f . ` �. � � �� . 5.