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HomeMy WebLinkAboutOrd.663.02-01-1989 . � � BILL N0. 89-7 ORDINANCE N0. AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI , UPON THE REQUEST OF THE HUMANE SOCIETY OF SOUTHEAST MISSOURI , A MISSOURI NOT-FOR-PROFIT CORPORATION AND THE CAPE SPECIAL ROAD DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF MISSOURI WHEREAS, The Humane Society of Southeast Missouri , a Missouri not-for-profit 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 Cape Special Road District , a Political Subdivision 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, a public hearing was held on December 7 , 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 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 annexe d 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 unincorporate d 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 : Certain tracts of land owned by the Humane Society of Southeast Missouri , a Missouri not-for-profit corporation and the Cape ;� � a , Special Road District , a Political Subdivision of the State of Missouri , and more particularly described as follows : A tract of land situated in the Northeast Quarter of the Northwest Quarter and in the Northwest Quarter of the Northeast Quarter in Section 23 , Township 31 North, Range 13 East in Cape Girardeau County, Missouri , and more particularly described as follows: Beginning at the Northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 23; thence South 89 ° 30 ' East , 267 . 3 feet ; thence South 1° 27 ' West , 265 . 0 feet ; thence East , 208 .0 feet ; thence South , 635 . 0 feet to the North right-of-way line of Missouri Route W; thence Southwesterly along the arc of a 7° curve to the left , along and with the North right-of-way line of said Highway W, 209 . 3 feet ; thence North 1° 27 ' East , 590 . 0 feet ; thence North 89° 30 ' West , 562 . 8 feet ; thence North 1° 27 ' East , 340 feet ; thence South 89° 30 ' East , 295 .5 feet to the point of beginning. SECTION 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval . SECTION 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 . SECTION 4 . 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 5 . 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 6 . 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. r ` , •�„ PASSED AND APPROVED THIS � DAY OF � , 1989 . __L._.� ancis E. Rho es, ayor ATTEST: � � E elyn . LeGran , Ci y Clerk