AN ORDINANCE PROVIDING FOR THE DELETION OF CERTAIN REAL ESTATE ERRONEOUSLY INCLUDED IN A PREVIOUSLY ADOPTED ANNEXATION ORDINANCE.
WHEREAS, by Bill No. 109, Ordinance No. 1128 passed on the 22nd day of May, 2001 (the “Annexation Ordinance”), the City of Rich Hill annexed into the City at the request of certain property owners certain real estate that was contiguous to the then present corporate limits of the City; and
WHEREAS, after the adoption of said Annexation Ordinance, it was determined that certain of the parcels described therein were erroneously included in the Annexation Ordinance and neither the property owner requesting annexation, the actual owners of the erroneously included parcels nor the City of Rich Hill intended to include in the Annexation Ordinance the erroneously included real estate; and
WHEREAS, the Board of Alderman of the City of Rich Hill, Missouri has determined that the inclusion of the erroneously described real estate in the Annexation Ordinance was a mutual mistake and corrective action should to be taken by this Ordinance to delete from said Annexation Ordinance the erroneously included real estate.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:
1. That Bill No. 109, Ordinance No. 1128 of the City of Rich Hill, Missouri is hereby corrected, nunc pro tunc, to exclude there from and from the real estate annexed by that Ordinance into the City Of Rich Hill, Missouri the following described real estate, to-wit:
a. N 646.5’ of the SW quarter of the NW quarter lying W. of New Hwy 71 and E or Old Hwy 71 R/W (exc W 275’ of S 404’ thereof;) of section 9, township 38N range 31W, Bates County Missouri
b. That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township 38 North, Range 31 West of the 5th Principal Meridian in Lot 210 on Town Company’s Fourth Addition to Rich Hill, Bates County, Missouri, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 9, thence on an assumed bearing of North 02 degrees 19 minutes 01 seconds East a distance of 953.20 feet along the West line of said Section 9 to the point of beginning of the land to be described; thence continuing on North 02 degrees 19 minutes 01 seconds East a distance 127.00 feet, thence South 88 degrees 16 minutes 54 seconds East a distance 275.00 feet; thence South 02 degrees 19 minutes 01 seconds West a distance of 127.00 feet; thence North 88 degrees 16 minutes 54 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the West and subject to all other recorded easements of record.
c. That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township 38 North, Range 31 West of the 5th Principal Meridian in lot 210 in Town Company’s Fourth Addition to Rich Hill; Bates County, Missouri, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 9, thence on an assumed bearing of North 02 degrees 19 minutes 01seconds East a distance of 826.20 feet along the West line of said Section 9 to the point of beginning of the land to be described: thence continuing on North 02 degrees 19 minutes 01 seconds East a distance of 127.00 feet; thence South 88 degrees 16 minutes 54 seconds East a distance of 275.00 feet; thence South 02 degrees 19 minutes 01 seconds West a distance of127.00 feet; thence North 88 degrees 16 minutes 54 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the West and subject to all other recorded easements of record.
d. That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township38 North, Range 31 West of the 5th Principal Meridian in Lot 210 in Town Company’s Fourth Addition to Rich Hill, Bates County, Missouri, described as follows: Commencing at the Southwest Corner of the Northwest Quarter of said Section 9; thence on an assumed bearing of North 02 degrees 19 minutes 01 seconds East a distance of 676.02 feet along the west line of said Section 9 to the point of beginning of the land to be described: thence continuing on North 02 degrees 19 minutes 01 seconds East a distance of 150.00 feet; thence South 88 degrees 17 minutes 05 seconds East a distance of 275.00 feet; thence South 02 degrees 19 minutes 01 seconds west a distance of 150.00 feet; thence North 88 degrees 17 minutes 05 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the west and subject to all other recorded easements of record.
2. That the corporate limits of Rich Hill, Missouri are hereby modified, retroactive to and as of May 21, 2001, to exclude the above described real estate from the corporate limits of the City of Rich Hill, Missouri, and henceforth the boundary line of the City of Rich Hill, Missouri shall enclose, except for the real estate described in this ordinance, the real estate described in Bill No. 109, Ordinance 1128.
3. That the appropriate City officials of the City ofRich Hillare hereby directed to refund to the owners of the property described herein any City real estate taxes which have been held in escrow by the City pending the correction of the legal descriptions contained in Bill No. 109 of Ordinance 1128.
4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed
5. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this Ordinance which would then be given effect not withstanding such invalid part or parts.
6. 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 the County Court of Bates County, Missouri to affect the correction of the legal boundaries of the City ofRich Hillas provided for herein.
READ TWO TIMES AND PASSED THIS 22ND DAY OF FEBRUARY 2005.
_____________________________
Tammy Williams, Mayor
ATTEST:
_____________________________
Rose Entrikin, City Clerk
Ayes: Steuck, Turner, Heckadon, Miller
Nays: None
CERTIFICATION BY THE CITY CLERK
STATE OFMISSOURI )
) as
COUNTYOFBATES )
I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for the correction of Bill No. 109, Ordinance 1128 of the City of Rich Hill, Missouri is a true and correct copy of the Ordinance No. 1223 duly adopted by the Board of Alderman of the City of Rich Hill, Missouri at their regular of meeting on the 22ND day of February 2005.
IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.
______________________________________
Rose Entrikin, Clerk ofCity of Rich Hill,Missouri