HomeMy WebLinkAboutOrd.5723.01-22-2-24 BILL NO. 24-04 ORDINANCE NO. 5 c3
AN ORDINANCE ANNEXING LAND LOCATED AT 3101
COUNTY ROAD 620 INTO THE CITY LIMITS OF THE
CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, BK Investment Group, LLC, a Missouri Limited
Liability Company, has presented to the City Council of the City
of Cape Girardeau, Missouri, a 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 January 8, 2024,
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 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 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
contiguous and compact and adjacent to the existing corporate
limits of the City, and to extend the limits of the City over
said tract as described herein below, to-wit:
3101 County Road 620
A part of the Northwest Quarter of Section 23, Township 31
North, Range 13 East of the Fifth Principal Meridian, and
also a part of Lot Numbered One (1) of Cape La Croix Farms
Subdivision as shown in Plat Book 17 at Page 12, County of
Cape Girardeau, State of Missouri, being more particularly
described as follows : Commencing at a Iron Pin, being
the Northeast corner of Lot No. 1 of Cape La Croix Farms
Subdivision, as recorded in the land records of the County
Recorder' s Office in Plat Book No. 17 at Page No. 12, and
from which point a 1" Iron Pipe at the Northeast Corner
of the Northwest Quarter of said Section No. 23 bears
North 88°44 ' 23" East, 1396. 11 feet; said point also being
in the centerline of County Road No. 620; thence along the
centerline of said County Road 620 the following courses
and distances; South 17°05 ' 43" East, 160 . 60 feet; thence
South 15°18 ' 23" East, 271 . 80 feet to a Iron Pin, and
being the true point of beginning; thence continuing along
the centerline of said County Road 620 the following
courses and distances; South 15°18 ' 23" East, 410 . 97 feet
to a " Iron Pin; thence South 15°18 ' 59" East, 173 . 15
feet to a " Iron Pin at the Northeast Corner of a tract
of land recorded In Book No. 766 at Page No. 277; thence
along the North line of said tract South 74°41 ' 01" West,
450 . 00 feet to a 1-f" Iron Pin at the Northwest Corner of
said tract, said point being on the East line of Lot No. 1
of Cape La Croix Farms Subdivision; thence North 15°18 ' 59"
West, 504 . 38 feet along said East line to a Iron Pin;
thence leaving said East line, North 01°28 ' 51" West,
93. 18 feet to a ; " Iron Pin; thence North 76°07 ' 11"
East, 427 . 92 feet to the point of beginning.
LESS AND EXCEPT that part thereof conveyed to North
Congregation of Jehovah' s Witnesses described in General
Warranty Deed dated 10/06/1999 and recorded 10/26/1999 in
Book 1031 at Page 506 In Document No. 1999-15818 in the
land records of 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 pe5f►lid DAY OF rimo q , 2024 .
Stacy Kin er Mayor
ATTEST:
OV,Med
ayl41L. Conrad, City Clerk
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p ii ANDREW DAVID BLATTNER
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RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
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1.F. RECORDED ON
10/30/2023 11:12:34 AM
44,6>A, ‘4.NF
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PAGES: 3
RECORDER OF DEEDS
COVER PAGE
Title of Document: Annexation Petition
Date of Document: October 26, 2023
Grantor(s) Name &Address: BK Investment Group, LLC
80 Birdsong Drive
Frohna, MO 63748
Grantee(s) Name &Address: City of Cape Girardeau
44 North Lorimier Street
Cape Girardeau, MO 63701
Legal Description: See page 1 of Annexation Petition
Reference Book & Page, if Required:
IN RE:ANNEXATION
BK INVESTMENT GROUP,LLC,Petitioner
PETITION FOR ANNEXATION
1. Comes now BK Investment Group,LLC, a Missouri Limited Liability Company, and states that it is
the owner of all fee interest of record of the following-described real property, being in Cape
Girardeau County, Missouri:
A part of the Northwest Quarter of Section 23, Township 31 North, Range 13 East of the
Fifth Principal Meridian,and also a part of Lot Numbered One(1) of Cape La Croix Farms
Subdivision as shown in Plat Book 17 at Page 12, County of Cape Girardeau, State of
Missouri, being more particularly described as follows: Commencing at a 1/2" Iron Pin,
being the Northeast corner of Lot No. 1 of Cape La Croix Farms Subdivision, as recorded
in the land records of the County Recorder's-Office in Plat Book No. 17 at Page No. 12,
and from which point a 1" Iron Pipe at the Northeast Corner of the Northwest Quarter of
said Section No. 23 bears North 88°44'23" East, 1396.11 feet; said point also being in the
centerline of County Road No. 620; thence along the centerline of said County Road 620
the following courses and distances; South 17°05'43" East, 160.60 feet; thence South
15°18'23" East, 271.80 feet to a 1/2" Iron Pin, and being the true point of beginning; thence
continuing along the centerline of said County Road 620 the following courses and
distances; South 15°18'23" East, 410.97 feet to a 1/2" Iron Pin; thence South 15°18'59"
East, 173.15 feet to a 1/2" Iron Pin at the Northeast Corner of a tract of land recorded in
Book No. 766 at Page No. 277; thence along the North line of said tract South 74°41'01"
West, 450.00 feet to a 1/2" Iron Pin at the Northwest Corner of said tract, said point being
on the East line of Lot No. 1 of Cape La Croix Farms Subdivision; thence North 15°18'59"
West, 504.38 feet along said East line to a 1/2" Iron Pin; thence leaving said East line,North
01°28'51" West, 93.18 feet to a 1/2" Iron Pin; thence North 76°07'11" East, 427.92 feet
to the point of beginning.
LESS AND EXCEPT that part thereof conveyed to North Congregation of Jehovah's
Witnesses described in General Warranty Deed dated 10/06/1999 and recorded 10/26/1999
in Book 1031 at Page 506 in Document No. 1999-15818 in the land records of Cape
Girardeau County Missouri.
2. BK Investment Group;LLC does hereby petition to have the above-described real property annexed to
and included within the city limits of the City of Cape Girardeau,Missouri.
3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent
owners as well as anyheirs, executors, administrators, successors, assigns, and legal representatives of
the current or subsequent owners. It is understood that this Petition will be recorded in the Office of
the Recorder of Deeds of Cape Girardeau County, Missouri,and shall be of record.
WHEREFORE, BK Investment Group, LLC does hereby agree that the city limits of the City of
Cape Girardeau, Missouri should be extended by ordinance to include the above-described real property,
and that the City should tape whatever action necessary to facilitate said annexation.
Page 1 of 2
IN WITNESS WHEREOF, the undersigned has executed this Petition on this day of
, 2023.
BK Investment Group,LLC
AO
(Signature of'Authori:ed Representative)
ZireaAA
(Printed name and title ofAuthorized Representative)
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this ,?.-t 44 day of 0C gibe( , 2023, before me, the
and rsigned, A Notary Public in and for the State and County aforesaid, personally appeared
/ cl u. 'c t e (name), 3 wtn e7' (title), who, being by me duly sworn,
did state that they are a legally authorized representative of BK Investment Group, LLC, a Missouri
Limited Liability Company, and that they executed the foregoing instrument on behalf of said Limited
Liability Company as its free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
State and County aforesaid, the date first above written.
(Signature of/tart' 'ublic)
Z-4ant le (en iik
(Printed name of 1Votary Public)
t)._
My Commission Expires: a 7 Li
g 2
ZACHARY WADE GLENN
NOTARY PUBLIC-NOTARY SEAL
STATE OF MISSOURI
MY COMMISSION EXPIRES MARCH 8,2027
CAPE GIRARDEAU COUNTY
COMMISSION#23181800
Page 2 of 2
3101 County Road 620
Annexation Request
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Carol Peters 0 Property to be Annexed City Limits Water Main
September 28, 2022 Q Parcels Sanitary Sewer Main