HomeMy WebLinkAboutOrd.4073.11-02-2009 BILL NO. 09-166 ORDINANCE NO. "TL� 179
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF LOT 1,
PART OF LOT 2, AND PART OF LOT 3 OF
KENSINGTON PLACE PHASE ONE, AND PART OF THE
NORTHWEST QUARTER OF SECTION 27 , TOWNSHIP 31
NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-2
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from R-1, Single-family Dwelling District, to
C-2, General Commercial District; and
WHEREAS, Public Notice of such change was given as
prescribed in Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and public hearing was held on
Monday, Monday, October 19, 2009, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from R-1, Single-family Dwelling District, to C-2 ,
General Commercial District; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to change
the zoning of Lot 1 and Part of Lot 2 of Kensington Place Phase
One, in the City and County of Cape Girardeau, Missouri, from R-
1, Single-family Dwelling District, to C-2, General Commercial
District, said area including the following described property:
D-7 HOLDINGS, LLC
CAPE PROPERTIES, LLC
TRACT 1 .
ALL OF LOT #1 AND PART OF LOT #2 OF KENSINGTON PLACE-
PHASE ONE AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE
LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND
THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE COUNTY OF
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CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS
FOLLOWS :
Commence at the Northeast corner of U. S . P.S . 2241;
Thence with the North line of said United States
Private Survey, South 86029' 02" West, 470 . 71 feet;
Thence North 50012102" East, 220 . 18 feet; Thence North
14022124" East, 86 . 65 feet; Thence North 00058121"
East, 80 . 38 feet, to the point of beginning; Thence
South 89010' 16" West, 698 . 98 feet, to the southwest
corner of said Lot 1; Thence with the west line of
said Lot 1 and said line extended, North 00049144"
West, 247 . 13 feet; Thence with a line 10 feet North of
and parallel to the North line of said Lot 1, North
60001142" East, 832 . 31 feet to a point on the East
line of a tract of land described in Deed Document no.
2008-01829; Thence with said East line, North
O1004120" West, 1181 . 68 feet; Thence leaving said East
line, North 65015' 02" East, 35 . 00 feet, to a point on
the West Right-of-Way line of "Interstate 55" ; Thence
with said line, South 21045100" East, 839 . 14 feet;
Thence leaving said line, South 68015100" West, 169 . 57
feet; Thence South 21045' 00" East, 50 . 00 feet; Thence
South 01004 ' 20" East, 314 . 26 feet; Thence South
35059136" West, 310 . 87 feet to a point on said East
line of a tract of land described in deed document no.
2008-01829; Thence with said East line, South
O1004120" East, 318 . 30 feet; Thence South 21001' 30"
West, 81 . 72 feet, to the point of beginning and
containing 13 . 16 acres, more or less .
TRACT 2 .
THAT PART OF LOT #2 OF KENSINGTON PLACE - PHASE ONE AS
RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE LAND RECORDS
OF CAPE GIRARDEAU COUNTY, MISSOURI, ALSO PART OF DEED
DOCUMENT NO. 2008-01829 OF THE LAND RECORDS OF SAID
COUNTY IN THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE COUNTY OF
CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS
FOLLOWS :
Commence at the Northwest corner of a property
recorded in the Land Records of Cape Girardeau County,
Missouri in Deed Document No. 2006-12426 ; thence North
000 50' 33" West, 314 .40 feet; thence North 890 01'
02" East, 245 . 18 feet; thence along the arc of a
tangent curve to the left, having a radius of 125 . 00
feet and a length of 63 . 24 feet, (the chord of said
arc bears North 740 31' 22" East, 62 . 57 feet) ; thence
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North 600 01' 42" East, 283 . 62 feet, the point of
beginning; thence along the arc of a tangent curve to
the right, having a radius of 40 . 00 feet and a length
of 62 . 83 feet, (the chord of said arc bears South 740
58 ' 18" East, 56 . 57 feet) ; thence South 290 58' 18"
East, 86 .40 feet; thence along the arc of a tangent
curve to the right, having a radius of 59 . 50 feet and
a length of 50 . 49 feet, (the chord of said arc bears
South 050 39' 47" East, 48 . 99 feet) ; thence North 600
O1' 42" East, 90 . 33 feet; thence along the arc of a
non-tangent curve concave to the Northeast, having a
radius of 59 . 50 feet, a distance of 50 . 49 feet (the
chord of said arc bears North 540 16' 50" West, 48 . 99
feet) ; thence North 290 58118" West, 126 . 40 feet;
thence South 600 01 ' 42" West, 90 . 00 feet to the point
of beginning and containing 9, 448 square feet, more or
less .
TRACT 3 .
THAT PART OF LOTS 2 AND 3 OF KENSINGTON PLACE- PHASE
ONE AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE LAND
RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND PART
OF A TRACT OF LAND RECORDED IN DEED DOCUMENT NO. 2008-
01829 OF THE LAND RECORDS OF SAID COUNTY IN THE
NORTHWEST QUARTER OF SECTION 27 , TOWNSHIP 31 NORTH,
RANGE 13 EAST, IN THE COUNTY OF CAPE GIRARDEAU, THE
STATE OF MISSOURI, DESCRIBED AS FOLLOWS :
Commence at the Northwest corner of a property
recorded in the Land Records of Cape Girardeau County,
Missouri, in Deed Document No. 2006-12426; thence
North 00050' 33" West, 314 . 40 feet, to the point of
beginning; thence North 000 50' 33" West, 50 . 00 feet;
thence North 890 01' 02" East, 245 . 00 feet; thence
along the arc of a tangent curve to the left, having a
radius of 75 . 00 feet and a length of 37 . 95 feet (the
chord of said arc bears North 740 31' 22" East, 37 . 54
feet) ; thence North 600 01' 42" East, 373 . 62 feet;
thence South 290 58' 18" East, 50 . 00 feet; thence
South 600 01' 42" West, 373 . 62 feet; thence along the
arc of a tangent curve to the right, having a radius
of 125 . 00 feet and a length of 63 . 24 feet, (the chord
of said arc bears South 740 31' 22" West, 62 . 57 feet) ;
thence South 890 01' 02" West, 245 . 18 feet to the
point of beginning and containing 33 , 466 square feet,
or 0 . 768 acres, more or less .
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Article 2. The City Council hereby finds and declares that
the property described in Article 1 hereof is at the present
time particularly suitable for the purposes and uses of a C-2,
General Commercial District, and that such changes authorized
hereby are reasonable and in reasonable conformity with the
existing uses and value of the immediately surrounding
properties .
Article 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS � DAY OF �✓eW� 20 ,017 .
Jay Knudtson, Mayor
ATTEST:
"G`4pRDE'�G
Gayl L. Conrad, City, rk p
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