HomeMy WebLinkAboutOrd.5779.10-21-2024 BILL NO. 24-98 ORDINANCE NO. 5 77 9
AN ORDINANCE ANNEXING LAND LOCATED AT 560
SILVERADO TRAIL INTO THE CITY LIMITS OF THE
CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Tyler D. Haden and Hannah R. Haden, husband and
wife, have presented to the City Council of the City of Cape >
Girardeau, Missouri, a Verified Petition requesting annexation k.
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 F,
WHEREAS, a public hearing was held on Tuesday, September 3,
2024, after due notice was given in accordance with Section
71 . 012 RSMo; and
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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:
560 Silverado Trail
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A PARCEL OF LAND BEING PART OF SECTION 10, TOWNSHIP 31
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a 1/2" Iron Rod at the Southeast Corner of Lot
Numbered One-Hundred Eighty-Eight (188) of the Enclave On
Silverado-Amended Subdivision, as shown in Document #2011-
04087 of the Land Records of Cape Girardeau County,
( Missouri; thence N. 70°57 '21"E. , a distance of 275 . 98 feet to
a 1/2" Iron Rod; thence N. 40°35 ' 15"E. , a distance of 226.21
feet to a 1/2" Iron Rod; thence S. 63°15' 57"E. , a distance of
232 . 82 feet to a 1/2" Iron Rod; thence S. 40°59' 14"W. , a
distance of 192 . 65 feet to a 1/2" Iron Rod; thence
S . 50°30 ' 51"W. , a distance of 343. 48 feet to a 1/2" Iron Rod;
thence N. 31°38 ' 05"W. , a distance of 214 . 85 feet to a 1/2"
Iron Rod; thence S .76°05 ' 20"W. , a distance of 249. 84 feet to
a 1/2" Iron Rod on the Easterly Right-of-Way Line of
Silverado Trail; thence N. 13°54 ' 40"W. , along said Right-of-
Way, a distance of 50 . 00 feet to a 1/2" Iron Rod; thence
departing from said Right-of-Way, N. 76°05 ' 20"E. , a distance
of 147 . 00 feet to the POINT OF BEGINNING. Containing 2 . 769
acres, more or less, in Cape Girardeau County, Missouri,
dated June of 2024 . Subject to existing Easements of Record
if any.
SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS AND UTILITY
PURPOSES ACROSS ALL OF THE "EASEMENT LOT" AS SHOWN ON THE
ENCLAVE ON SILVERADO-AMENDED SUBDIVISION, LOCATED IN
DOCUMENT #2011-04087 OF THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY, MISSOURI, AND ALSO BEING PART OF SECTION 10,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" Iron Rod at the Southeast Corner of Lot
#188 of said The Enclave on Silverado-Amended Subdivision;
thence N.70°57 ' 21"E. , a distance of 50.20 feet to a Point;
thence S . 13°54 ' 40"E. , a distance of 54 . 49 feet to a Point;
thence S .76°05' 20"W. , a distance of 197 . 00 feet to a 1/2"
Iron Rod on the Easterly Right-of-Way Line of Silverado
Trail; thence N. 13°54 ' 40"W. , along said Right-of-Way, a k:
distance of 50. 00 feet to a 1/2" Iron Rod at the Southwest
Corner of said Lot #188; thence N. 76°05 ' 20"E. , along the
South Line thereof, a distance of 147 . 00 feet to the POINT
OF BEGINNING. Containing 0.229 acres, more or less, in Cape
Girardeau County, Missouri, dated June of 2024 .
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ARTICLE 2 . The City Council of the City of Cape Girardeau,
Missouri, does hereby find and determine that the annexation of z
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 k
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.
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PASSED AND APPROVED THIS d4J�
DAY OF /(Jf JV ')-e' , 2024 .
l;)
Stacy KISIS:`-,
M yor
ATTEST:
ti,„.,.,, d , d
Gayle Conrad, ; ty Clerk / , - _ \
irk
10 !LTA0 al'
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