BILL NO. 3765 ORDINANCE NO. ________

AN ORDINANCE ANNEXING CERTAIN TERRITORY INTO THE CITY OF WEST PLAINS, MISSOURI (CARY STEWART AND CLYDE STEWART III)

WHEREAS, a verified petition signed by all of the owners of the real estate hereinafter described requesting annexation of said territory into the City of West Plains, Missouri was filed with the City Clerk; and

WHEREAS, said real estate as hereinafter described is adjacent and contiguous to the present corporate limits of the City of West Plains, Missouri, and known as property located and further described as:

All that part of Lot 3 of S.M. Cady’s Subdivision of W1/2 of SE1/4 of Section 28, Township 24 North, Range 8 West lying south of U.S. Highway 63 Bypass, EXCEPT the following described tract: Beginning at the southwest corner of Lot 8 of Pasture Subdivision of the E1/2 of the SE1/4 of Section 28, Township 24 North, Range 8 West, which is on the east line of said Lot 3 of S.M. Cady’s Subdivision, thence west on a prolongation of the south line of said Lot 8 of Pasture Subdivision a distance of 340 feet, thence north parallel with the east line of said Lot 3 of S.M. Cady’s Subdivision to the south line of U.S. Highway 63 Bypass, thence east along the south line of said highway to the east line of said Lot 3, thence south to the place of beginning:

ALSO,

A part of Blocks 1, 2 and 3 in Maud Luella and Dr. E. R. Keen’s Subdivision of Lot 1 and a part of Lot 2 of S.M. Cady Subdivision of the W1/2 of SE1/4 of Section 28, Township 24 North, Range 8 West described as follows: BEGINNING at the southeast corner of said Block 3, Keen’s Subdivision; THENCE along the south lines of said Blocks 2 and 3, Keen’s Subdivision, North 88°41'57" West, 189.99 feet to the southeast corner of a tract conveyed to Howell County Rural Fire District #1, by deed recorded in Cabinet B, Dwr. 5, Pg. 948-96 of the Howell County Deed Records; THENCE along the east line of said Howell County Rural Fire District #1 tract, North 01°15'32" East, 200.00 feet to the northeast corner of said Howell County Rural Fire District #1 tract; THENCE along the north line of said Howell County Rural Fire District #1 tract along the south lines of Lots 14 and 34 in Block 2 and along the south lines of Lots 14 and 34 in Block 1 of said Keen’s Subdivision, North 88°41'57" West, 436.35 feet to the east right-of-way line of Missouri Highway 17; THENCE along said east right-of-way line of Highway 17, North 01°00'08" East 159.52 feet, North 17°48'23" East, 104.52 feet and North 00°50'15" East, 246.33 feet to the south right-of-way line of U.S. Highway 63 Bypass;

THENCE along the south right-of-way line of said U.S. Highway 63 Bypass, South 88°34'43" East, 389.06 feet and North 82°25'39" East, 212.56 feet to the east line of Block 3 of said Keen’s Subdivision; THENCE along the east line of said Block 3, South 01°15'32" West, 738.03 feet to the point beginning, containing 8.03 acres more or less as shown by survey No. 99212 dated October 8, 1999 by Riggs & Associates, Inc. and subject to easements and restrictions of record.

WHEREAS, the Planning Commission reviewed the annexation request, and

WHEREAS, a public hearing concerning said matter was held at the Public Library in West Plains, Missouri at the hour of 7:00 p.m. on July 22, 2002; and

WHEREAS, notice of said public hearing was given by publication of notice thereof, on July 1, July 10, and July 19 in the West Plains Daily Quill, a daily newspaper of general circulation in the County of Howell, State of Missouri; and

WHEREAS, at said public hearing all interested persons, corporation or political subdivisions were afforded the opportunity to present evidence regarding the proposed annexation; and

WHEREAS, no written objection to the proposed annexation was filed with the City Council of the City of West Plains, Missouri within seven days after the public hearing; and

WHEREAS, the City Council of the City of West Plains, Missouri, does find and determine that said annexation is reasonable and necessary to the proper development of the City; and

WHEREAS, the City of West Plains will furnish all municipal services to the area within a reasonable time after annexation.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI AS FOLLOWS:

Section 1: Pursuant to the provision of Section 71.012 RSMo, 1969 as amended by laws of 1972, the 24.43 acres of real estate described above which is incorporated into and made a part hereof, is hereby annexed into the City of West Plains, Missouri with a zone designation of C-2 (General Commercial).

Section 2: The boundaries of the City of West Plains, Missouri are hereby altered so as to encompass the above-described tract of land lying adjacent and contiguous to the present corporate limits.

Section 3: The City Clerk of the City of West Plains is hereby ordered to cause one certified copy of this Ordinance to be recorded at the County Court House.

Section 4: This Ordinance shall be in full force and effect from and after its passage and approval.

PASSED AND APPROVED THIS _________DAY OF __________, 2002.

CITY OF WEST PLAINS, MISSOURI

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MAYOR JOE PAUL (J. P.) EVANS

ATTEST:

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CITY CLERK CONNIE SHELTON