1007 – Annexation of Property Hwy 71

ORDINANCE 1007

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN UNINCORPORATED AREA OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITYOF RICH HILL, MISSOURI 

WHEREAS, CLIFFORD E. SMITH, WANDA L. SMITH, MICHAEL D. KEISER, DEBBIE A KEISER, FOOD FAIR SUPERMARKET OF RICH HILL, INC. JAMES DALE ENTRIKIN AND PEGGY JO ENTRIKIN, are the owners of all the fee interest of record of certain tracts of real property located within an unincorporated area contiguous to the existing corporate limits of the City of Rich Hill, Missouri, and the City desires annexation of such property to the City; and

WHEREAS, a public hearing concerning the proposed annexation was held on the 26th day November, 1991, at 7:00 P.M. at the City Hall in Rich Hill, Missouri, and Notice of such hearing was published in the Rich Hill Mining Review, a weekly newspaper of general circulation on the 14th of November 1991; and

WHEREAS, on the 26th day of November, 1991, the Board of Aldermen of the City of Rich Hill, Missouri, did determine that the annexation of the tracts of real property described in such notice is reasonable and necessary to the proper development of the City of Rich Hill, Missouri, and that the City has the ability to furnish normal municipal services to such area within a reasonable time; and

WHEREAS, all things required by Section 71.012 RSMo. 1978, as amended, have been done.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL,MISSOURI, AS FOLLOWS:

  1. The following described real property is hereby annexed to and made a part of the City of Rich Hill, Missouri, to with:

Tract 1:

The west half of the southwest quarter of the southwest quarter of Section 4, Township 38, Range 31, except the south 546.70 feet thereof; further except right of way of old Highway #71 off the west side thereof; and further except that part taken for right of way for new U.S. Highway #71 off the east side thereof as shown by Deed Book 447, Page 176, Bates County, Missouri.

Tract 2: 

A Part of the following described tract:  Commencing at the southwest corner of Section 4, Township 38 North, Range 31 West for the true point of beginning, thence S 89 deg. 06 min. east 438.4 feet and along the Section line to the west right-of-way lines of U.S. Route 71, thence N 14 deg. 43 min. East 551.5 feet along said west right-of-way line, thence North 87 deg. 58 min. West 559.4 feet to the west line of said Section 4, thence South 2 deg. 02 min. West 546.7 feet along said west line of Section 4 to the true point of beginning. The tract intended to be conveyed hereby is described as follows:  Beginning at the northwest corner of the above mentioned tract and running south on the west corner of the above mentioned tract and running south on the west line of the above described tract 85 feet, thence east 120 feet, parallel to the north line of above tract, thence north 85 feet, parallel to the west line of above tract, thence west to point of beginning EXCEPT 30 feet off the west side of said tract for public highway. Bates County,Missouri.

Tract 3

All of a tract described as commencing at the southwest corner of Section 4, Township 38 North, Range 31 West for true point of beginning, thence south 89 deg. 06 min. east 438.4 feet, along the section line to the west right-of-way line of New U.S. Highway No. 71, thence North 14 deg. 43 min. East 551.5 feet along said west right-of-way line, thence North 87 deg. 58 min. West 559.4 feet to the west line of Section 4, thence south 2 degrees 02 minutes west 546.7 feet along said west line of Section 4, to the true point of beginning , EXCEPT there from a tract described as beginning at the southwest corner of the SW quarter of the SW quarter of Section 4 aforesaid, thence east 212 feet, thence north 150 feet, thence west 212 feet, thence south 150 feet to the point of beginning of said excepted tract, and FURTHER EXCEPT a tract described as beginning at the northwest corner of first above described tract, running thence south 85 feet, thence east 120 feet, thence north to the north line of first above described tract, thence west 120 feet to the point of beginning.  ALSO EXCEPT from first above tract that part off the west side thereof for “Old U.S. Highway No. 71, and except any part off the south side thereof for public road or highway. Bates County,Missouri

Tract 4:

That part of the southwest quarter of the southwest quarter of Section 4, Township 38 North, Range 31 West of the 5th Principal Meridian in Bates County, Missouri, described as follows:  Commencing at the southwest corner of said Section 4, thence on an assumed bearing of north 02 degrees 02 minutes 00 seconds east along the west line of said Section 4 a distance of 546.70 feet to the point of beginning of the land to be described, thence south 87 degrees 58 minutes 00 seconds east a distance of 180.00 feet, thence north 02 degrees 02 minutes 00 seconds east a distance of 100.00 feet, thence north 87 degrees 58 minutes 00 seconds west a distance of 180.00 feet, thence south 02 degrees 02 minutes 00 seconds west a distance of 100.00 feet to the point of beginning. Bates County,Missouri.  Subject to easement for public road off the west and subject to all easements of record.

2.  The corporate limits of the City are hereby extended to include the above-described real property and henceforth the boundary lines of the City of Rich Hill, Missouri, shall enclose the above-described real property.

3.  All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed.

4.  The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

5.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.  Three certified copies of this ordinance shall be immediately filed with the Clerk of Bates County, Missouri, whereupon, this annexation shall be complete and final.

Read two times and passed this 14th day of January, 1992

_________________________________________

Gordon Turner-Mayor

__________________________________________

CarolCulver-Asst.CityClerk

 

            Ayes:  Larnal Martin, Joe McDaniel

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