Couple discovers their dream country house is actually in city

WEBB CITY, Mo. -- Members of a southwest Missouri family who believed they were living in the country recently discovered they are city dwellers due to a 33-year delay in filing annexation papers.

Randy and Jodi Heuertz wanted their three children to grow up in a rural area, where they could play and not have to worry about neighbors. So, they purchased a home and seven acres in Jasper County in November 2001, believing the only way they would ever be inside a city would be through the extensive annexation procedure.

They didn't realize that had taken place more than 30 years earlier. Webb City annexed the area surrounding the home in 1969, tacking it onto the northeast extreme of the town. The paperwork, however, was not properly filed until April 2002.

Now that the couple know they are inside the city limits, they worry that a new subdivision may appear next door, threatening the lifestyle they chose for their children: Samatha, 13, Jeremy, 9, and Jessica, 8.

"We wanted a place where the kids would have the opportunity to run around more than anything else -- to get away from having a neighbor right next door to you," Randy Heuertz said.

The couple want out. Although they have not had any luck so far, they continue to consider their options.

"If we had known this place was in city limits, we may have not bought this," Randy Heuertz said.

The couple filed a request for deannexation. The Webb City Planning and Zoning Commission rejected it on May 20.

They couple is considering whether to appeal to the Webb City Council, but city attorney Paul Taylor gives the rare request little chance of success. Although the annexation paperwork was not filed in a timely manner, Taylor said it is still legal and binding.

"That's not only problematic, it is probably not doable," Taylor said of deannexation.

The couple discovered they were in the city when they went to their mailbox and found a municipal property-tax bill for $127 in December 2002.

The Heuertzes said that although they have not paid the $127, the added tax bill is not why they do not want to be city dwellers. They want to live in a rural area and enjoy the benefits of country living.

Sharon Collier, chief deputy assessor, said the county recorder noted the annexation in 1969, but the assessor's office failed to file the change. A title company noticed the error and told the assessor's office in April 2002.

"I understand why these people are upset," she said. "They were denied that choice (to participate in the annexation procedure). If it had been done correctly in 1969, they would have known when they bought the land."