HomeMy WebLinkAboutOrd.5443.08-16-2021BILL NO. 21-122
ORDINANCE NO.5�
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY ZONING NEWLY ANNEXED PROPERTY,
LOCATED AT 530 COUNTY ROAD 317, 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
July 19, 2021; 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:
530 County Road 317
All of Thirty-four and three hundredths (34 3/100)
acres in Section Three (3), Township Thirty (30),
Range Thirteen (13) lying North of the Gordonville
Road, and more particularly described as follows:
Beginning at the point where the North line of said
Section 3, Township 30, Range 13 intersects the West
line of Survey No. 3090; thence 7 1/2'3 West 11.40
chains to the center of Gordonville Road, thence with
said road South 89 3/40 West, 6.32 chains; thence
North 81 3/4" West, 5.92 chains; thence South 83 3/4'
West, 15.40 chains; thence North 350 West, 3.46 chains
to the West line of tract; thence North V 15' West,
9.52 chains; thence South 89' East, 30.97 chains, to
the place of beginning.
ALEICI, 121.19 acnes off the Eiast site of the Southeast
Quarter of the Sauthweat Quarter Cif SEictiion 34 ,
Township 311, Range 13, mare plarti cu]larly described as
fo]I]lows : E eginr. ing at thEi Quart ar SEICt icor Corner on
thEi Sauth ]line of SEictiiori 34, Township ;111, Mange 113,;
thEmcEi I\lorth CI° 4E' East 30.7EI chains to CIO rrEir,;
thEir ca North 89" West, E . 4 0 chains to eor ner; thence
South Cl' 45' West, 21Cl.IEI chains to earner; thencEi
South 89° East, E.4Cl chains to tie place of bEigitnniing.
Elubjeot to thEi right -of --way for Publliic Road.
LEETS AND EXCEPT that part falling within Caunty Road
;1111 ; anc
LEEIS AND EXCEIPI that part ofl fr ac ti ona]I Sact ian 3,
Township 3CI North',, Range 113 East of the 9th Hlrinciipal
Mer idiian, desicribac as falllows : QommElncle at the
Northeast car mar of E aiic section 3, thence Elouth 7
11/3° WEist along tha West ]IinEi of U. EI. P. Sur-nEiy Na.
3050,, 97EI.1 flaet to the cEInter ]line of Eltate Plaute
"K"; thence Narth 8E1° CIE West along said centerliina,
-714S.21 flEiet,; thence North 40.0 flEiet to the North right -
cif -wail ]line oft said RoutEi "k" floc a p11ace of
beginning,; thence North EI8° OE' West allong said right-
ef-wa�l, 7 C faet;, thenca NorthweEtEir]ly along Eaiid
right -ofl-wad cir a 3' Cl 4' cur,�nEi to the right, 14 6.3
feat,; thencE1 North 1911.11 feEit,, thence Dast 2119.E 4
feat,; thence South 21Cl7.6 feat to the place of
beginning, in Cape Girardeau County,, Missouri,
containing 11.000 acre, ccinve� ed bbl c eed EI -E -E CI to
Arthur F. Steimle and Ddna A. Steim]le, his wifle,
r ecor d Eic in Hook 21E ElagEi 411, and
➢ESS
AND EXCEI11T that part cfl ]lot 2 of tha Northwest
Quarter
of Section 3, Tawnship 3CI Narth, Rarge
1-I Easrt
of the
Fiflth Flrincipal NEirician, desieribad as follows:
Begin
at a point on the North Mine of said SEICtion
3
flrorr
which the. point of intersEiction cif said I\ortN
]line
of Section 3 anc the ThlElat ]line of U.S.P.
Starved
3050
bearE Scuth 89° CIT East, 21032.4 fleet;
thencE1
South
Cl" 58' West, a distanca of 21817.:1 feErt
to tha
North
right-of-way linEi of Stata 19aute "K";
thencE1
South
7CI° 56' EaEt along said right--of-way,
449.33
fleet,;
t hEincE1 North Cl' 98" East,, 426.64 fleet
to t hEi
North
linEi afl saic Elect ian 3,; thEince North
89° CIO'
B est,
4 217 . 11CI fleEit to the place of beginning,
in CapEi
Girardeau Caunty" N.vssoury containing 3.909 acres,
conveyed by deEld 3=119-72 to Elfr ink Tri ck Liriea; and
L3S3 AND EXCEEIT all cif thEt pErt of thEi North half of
Fraational Section 3, Township 30 North, Range 13 East
of the Fifth Arvnaipall N.Ervdiian„ in the County of Cape
Girardeau, 11tate of Missouri" mare particu]lar]ly
dElacr vbEid as fo)I]JoWS: Co=ancing at a flounc square
cut sandstone at the intErsection of the North lune of
Fract vona7l Section 3 and the West lona cif Unitad
States PriviatEi SuzvAEiy U09CI,; thencEi with the North
]line ofl E ract icma]1 Sect ion 3, Saut h 8 9 ° 42" 38 "' Aeat
803.90 feEt to a faunc square cut sEndstone on the
north line afl Maid Sect ion 3" t llencEi continue with the
North ]line of said E -Tact icna]l SE ct ion 3" E out h
89'39'21"' Weat , 233.]9 feat,; to a stet '�" iYori rod with
cap at the place ofl begiiining; thence E outh CIO° 001 1151"
3aat" 293.33 faet to a Diet 2 iron rod with capl;
thence Sauth 311°34'CI9" rtiast„ 99.29 faet to a aet
iron nod with cap,; thence South 001°29'48" Flash,, 2114.94
feet to E stet '� " iron rad with cap on the North ]line
of Miasouri State Rlcut e 'W', thence wiith said North
]line„ North 18014" 119'" West,, 183.41 ' faet to a found
MODOT right-of-way mar kEir,; thEmae Narth 94 °08' C 8" Weat
314.04 fleE t to a sEit ;-2" iron rod with cap at the
Southeast corner ofl a tract conveyed in Document Na.
2CI01-1119E E; aaic cionner being alsa tha Jouthweat
corner of a tract a=AEi lad in Daed Book 3016 at Pace
497,; and thence with the East line of said tract
conveyed in Dacument 2CI0`-1179E 6,; and the Great 11inEi Cif
said trEct ccnvieyEid in Deed Bcok 3CIE at PagEi 451;, and
having the North Mine ofl said Route "K", North
OC' 40" 11"" Vest,, 41U.95 flEiet to a faurid 5/8"' diamietEir
smooth iron Alin on thEi North line of Eiaid Section 3;,
( from which a 1-,4'" iron pipEi in concrete was noted to
fa]1]1 an ]line Er.d Sautes 1.83 fEet), thence with the
Narth line of said Section 3„ Narth 89°39"2I°' East"
554.111 feet;, to the placa ofl bEiginning anc car.taining
6.]81 acres, as more car ]less" Find being aubjEict to any
eaaemient a afl record.
PJR`IICLE 2. The City Council of the City of Cape Girardeaiu„
Missouri hEirehIA finds that thEi praperty cascribad in Artiala 11
of this ardinancEi is at the present time part ieu]lar ly suitable
flor thEi plurposies and usea of tha C-2,, Highway Commercial
District, End that such changas authoriaad hEireby 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 he in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF 2021.
ATTEST:
- ---114
ruse Ta3rLo4,, Deputy city clergy
Bob
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