BILL NO. 3786 ORDINANCE NO. ________

AN ORDINANCE ANNEXING CERTAIN TERRITORY INTO THE CITY OF WEST PLAINS, MISSOURI (PHYSICIANS ACUMEN ENTERPRISES)

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:

A part of the NE1/4 and part of the NW1/4 of the SE1/4, all in Section 27, Township 24 North, Range 8 West, described as follows: Commencing at the Northwest Corner of said Section 27, thence South 1°13’00” West, 264.0 feet; thence South 88°42’07” East, 917.40 feet; thence South 3°49’56” West, 21.8 feet to a point on the south edge of the Old West Plains and Thomasville Road (now known as County Road No. 8240); thence South 89°00’12” East, 139.87 feet; thence North 88°17’53” East, 132.92 feet to the southern right-of-way line of the Burlington Northern Railroad; thence southeasterly along said southern right-of-way line South 57°51’39” East, 2,443.83 feet to the POINT OF BEGINNING; thence continuing along said right-of-way line the following two courses;

1. South 57°51’39” East, 487.20 feet;

2. Thence along the arc of a curve to the right 312.80 feet, said curve having a radius of 2814.80 feet and a chord bearing South 55°20’17” East; thence South 54°00’20” West, 1653.51 feet to the west line of the NW1/4 of the SE1/4, being the Incorporated Limits of West Plains, Missouri; thence along said west line of NW1/4 of the SE1/4 and along the west line of the SW1/4 of the NE1/4, being the Incorporated Limits of West Plains, Missouri, North 01°08’00” East, 882.83 feet; thence North 51°02’31” East, 836.75 feet to the point of beginning containing 20.76 acres more or less.

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 November 25, 2002; and

WHEREAS, notice of said public hearing was given by publication of notice thereof, on December 2, 2002 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 20.76 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