HomeMy WebLinkAboutOrd.5675.08-21-2023 BILL NO. 23-115 ORDINANCE NO. Glp 75
AN ORDINANCE ANNEXING LAND LOCATED AT 2797
BENTON HILL ROAD INTO THE CITY LIMITS OF THE
CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, David A. and Holly E. Jones, a married couple,
have presented to the City Council of the City of Cape
Girardeau, Missouri, a 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, a public hearing was held on August 7, 2023, after
due notice was given in accordance with Section 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 has determined that the
annexation is reasonableand necessary to the proper development
of the City and, further, that the City has the ability to
furnish normal municipal services to the tract to be annexed
within a reasonable time; and
WHEREAS, the City Council has determined that the tract
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 tract 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 . The corporate limits of the City of Cape
Girardeau, Missouri, shall be extended so as to annex the
following described unincorporated tract of land, which is
adjacent to and contiguous and compact with the existing
corporate limits of the City, and to extend the limits of the
City over said tract as described herein below, to-wit:
2797 BENTON HILL ROAD
A parcel of land being part of U.S . P. Survey No. 787,
Township 30 North, Range 13 East of the Fifth Principal
Meridian said parcel intended to be the same parcel
conveyed in Document No. 2006--07585 of the land records of
Cape Girardeau County, Missouri and being more particularly
described by metes and bounds as follows: Commence at the
Northwest corner of Lot No. 5 of River Forest Subdivision
in the County of Cape Girardeau, Missouri, recorded in the
land records of said Cape Girardeau County in Plat Book 15
at Page 65; thence South 32° 28 ' 00" West with the West
line of said subdivision, a distance of 607 . 33 feet to the
Northeast corner of a tract described in Deed Book #635 at
Page #246 of said land records; thence North 57° 32 ' 00"
West, along the North line thereof, a distance of 385 . 53
feet to a '- " Iron Rod at the Southwest corner of a tract of
land described in Deed Book #101, at Page #494 of said land
records and the point of beginning; thence South 29° 35 '
50" West, a distance of 191 . 91 feet to A Y' Iron Rod;
thence South 14° 17 ' 17" East, a distance of 193 . 54 feet to
a Iron Rod on the North right-of-way line of the
Jackson- Benton Road (County Road #206) ; thence along said
right-of-way South 77° 09 ' 46" West, a distance of 58 . 09
feet to a Iron Rod and a curve to the right, having a
radiusof a 166. 32 feet; thence along said curve a length
of 178 . 45 feet to a -" Iron Rod (chord bears North 72° 06'
01" West, a distance of 170 . 01 feet) ; thence North 41° 21 '
48" West, a distance of 82 . 82 feet to a Iron Rod and a
curve to the right, having a radius of 185 . 65 feet; thence
along said curve, a length of 23 . 30 feet to a " Iron Rod
(chord bears North 37° 46' 02" West, a distance of 23 .28
feet) ; thence departing from said right-of-way, North 33°
28 ' 50" East, a distance of 750 . 11 feet to' a %z" Iron Rod;
thence South 84° 36' 34" East, a distance of 136 . 15 feet to
a " Iron Rod; thence South 29° 35 ' 50" West, a distance of
435. 13 feet to the point of beginning, in Cape Girardeau
County, Missouri.
ARTICLE 2 . The City Council of the City of Cape Girardeau,
Missouri, does hereby find and determine that the annexation of
the above described unincorporated tract of land is reasonable
and necessary to the proper development of the City and that the
City has the ability to furnish normal municipal services to the
tract to be annexed within a reasonable time. Further, the City
Council hereby finds and determines that with respect to the
tract 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.
ARTICLE 3 . 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 in
accordance with Section 71. 012 RSMo.
ARTICLE 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.
ARTICLE 5 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS ,gt- DAY OF , 7 , 2023 .
Stacy Kin r, ay
ATTEST:
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uce Tayl , 1Deputy City Clerk ;'C>` A ��`
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