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HomeMy WebLinkAboutOrd.5374.01-19-2021 BILL NO. 21-04 ORDINANCE NO. J 3 741 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ZONING NEWLY ANNEXED PROPERTY, LOCATED AT 4178 STATE HIGHWAY K, AS C-2, HIGHWAY COMMERCIAL DISTRICT WHEREAS, the City Planning and Zoning Commission has recommended zoning all of the newly annexed property described in Article 1 of this ordinance as C-2, Highway 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 a public hearing was held on December 21, 2020; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri has elected to zone the property described herein as set out below. 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 zone the following newly annexed property as C-2, Highway Commercial District : WEST TRACT : All of that part of Lot No 2 of the Northwest Quarter of Section 3, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, described as follows : Commence at a found sandstone, (3" x 5") , marking the intersection of the North line of said Section 3, it with the West line of United States Private Survey No 3090, thence with the North line of said Section 3, North 89 degrees 00 ' 00" West, passing a found sandstone at 803 . 50 feet, a distance of 1668 . 59 feet, to the place of beginning, thence continue North 89 degrees 00 ' 00" West, 362 . 28 feet, thence South 00 degrees 58 ' 00" West, 288 . 37 feet, to a point on the North line of Missouri State Route "K", thence with said North line, South 70 degrees 59 ' 51" East, 143 . 25 feet, thence leaving said Route "K", North 19 degrees 00' 19" East, 40 . 00 feet; thence along the arc of a curve to the left, having a radius of 20 . 00 feet, a distance of 31 . 42 feet, thence North 70 degrees 59 ' 51" West, 60 . 96 feet, thence along the arc of a curve to the right having a radius of 20 . 00 feet, a distance of 25 . 12 feet, thence North 00 degrees 58 ' 00" East, 160 . 93 feet, thence along the arc of a curve to the right, having a radius of 20 . 00 feet, a distance of 31 . 43 feet, thence South 89 degrees 00 ' 00 " East, 219 . 98 feet, thence along the arc of a non-tangent curve to the left, having a radius of 30 . 00 feet, (the chord of said arc bears North 81 degrees 15 ' 52" East, 59. 14 feet) a distance of 84 . 05 feet, thence North 00 degrees 58 ' 00" East, 40 . 60 feet, to the place of beginning. AND EAST TRACT : All that part of Lot No 2 of the Northwest Quarter of Section 3, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, described as follows : Commence at a found sandstone, (3" x 5") , marking the intersection of the North line of Said Section 3, it with the West line of United States Private Survey No 3090, thence with the North line of said Section 3, North 89 degrees 00 ' 00" West, passing a found sandstone at 803 . 50 feet, a distance of 1630 . 17 feet, to the place of beginning, thence South 00 degrees 38 ' 16" West, 411 . 41 feet to a point on the North line of Missouri State Route "K", thence with said North line, North 72 degrees 53 ' 09" West, 230 . 23 feet, thence North 70 degrees 59 ' 51" West, 48 . 06 feet, thence leaving said Route "K", North 19 degrees 00 ' 19" East, 40 . 00 feet, thence along the arc of a curve to the left, having a radius of 20 . 00 feet, a distance of 31 . 42 feet, thence North 70 degrees 59 ' 51" West, 60 . 96 feet, thence along the arc of a curve to the right having a radius of 20 . 00 feet, a distance of 25. 12 feet, thence North 00 degrees 58 ' 00" East, 160 . 93 feet, thence along the arc of a curve to the right, having a radius of 20 . 00 feet, a distance of 31 . 43 feet, thence South 89 degrees 00 ' 00" East, 219 . 98 feet, thence along the arc of a non-tangent curve to the left, having a radius of 30 . 00 feet, (the chord of said arc bears North 81 degrees 15 ' 52" East, 59. 14 feet) , a distance of 84 . 05 feet, thence North 00 degrees 58 ' 00" East, 40 . 60 feet, thence South 89 degrees 00 ' 00" East, with the North line of said Section 3, 38 . 42 feet, to the place of beginning and containing 2 . 230 acres, more or less . ARTICLE 2 . The City Council of the City of Cape Girardeau, Missouri hereby finds that the property described in Article 1 of this ordinance is at the present time particularly suitable for the purposes and uses of the C-2, Highway 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 . If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS VII ► IDAY OF At 'u'J,/J, 2021 . 41 ,`i Bob Fox, Mayor ATTEST: Ute- Q ( e�,_ . „ ,d _a�� ,� �'. " ua d�,� :`.S, �� Gayle Conrad, City Clerk t4 IQ $ ) '�s„ 1%*?1,. is n , ha