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HomeMy WebLinkAboutORD.3701.08-07-2006r BILL NO. 06-167 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A PORTION OF SOUTH MOUNT AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 AND C-2 to C-2 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-1, Single -Family Dwelling District, and C-2, General Commercial 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, August 7, 2006, 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, and C-2, General Commercial District, to C-2, General Commercial District; 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 from the present R-1, Single -Family Dwelling District, and C-2, General Commercial District, to C-2, General Commercial District, for the following described property: DESCRIPTION 21.12 ACRE TRACT A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 646 at page no. 347; 1 .• Thence along the south line of said tract, S 810 49' 15" E, 969.32 feet to a 1/2" iron pin being the northwest corner of a tract of land as recorded in book no. 562 at page no. 703; Thence leaving the aforesaid south line and along the west line of the aforesaid tract of land S 020 36' 37" W, 155.69 feet to a railroad cross tie at the southwest corner of said tract; Thence along the south line of said tract, S 860 22' 45" E, 142.99 feet to a 1/2" iron pin being at the southeast corner of said tract; Thence leaving said south line and along the westerly right of way of Silver Springs Road, S 000 45' 03" W, 450.73 feet to a 1/2" iron pin being the northeast corner of a tract of land as recorded in book no. 807 at page no. 524; Thence leaving the aforesaid right of way and along the north line of said tract of land, S 860 57' 04" W, 262.93 feet to a 1/2" iron pin being the northwest corner of said tract; Thence along the west line of said tract, S 000 16' 58" W, 194.18 feet; Thence leaving said west line, S 890 32' 23" W, 776.48 feet to a point on the easterly right of way of Mount Auburn Road; Thence along said right of way, N 210 17' 50" W, 139.38 feet to the beginning of a curve concave to the northeast having a central angle of 280 35' 01" and a radius of 860.00 feet; Thence along said curve and right of way in a northwesterly and northeasterly direction, 429.03 feet; Thence continuing along said right of way line, N 070 17' 10" E" 419.65 feet; Thence leaving said right of way line, S 81 ° 49' 15" E, 1.00 feet to the Point of Beginning, containing 21.12 acres more or less. ALSO: DESCRIPTION 12.74 ACRE TRACT A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 1141 at page no. 128; said point being on the easterly right of way line of PA Interstate Route 55; Thence along said right of way the following courses and distances: S 210 17' 50" E, 52.00 feet; Thence S 110 35' 07" E, 207.47 feet; Thence S 210 17' 50" E, 1184.80 feet to the beginning of a curve concave to the southwest having a central angle of 000 30' 55" and a radius of 5864.65 feet; Thence along said curve in a southeasterly direction, 52.74 feet to the southwest corner of a tract of land as recorded in Document No. 2004-11766; Thence leaving said right of way line and along the southerly and easterly lines of said tract the following courses and distances: S 840 24' 00" E, 255.47 feet; Thence N 460 32' 29" E, 194.02 feet to a point on the westerly right of way line of Mount Auburn Road, said point being the beginning of a non - tangent curve concave to the northeast having a central angle of 220 09' 41" and a radius of 640.00 feet from which point a radial line bears, N 460 32' 29" E; Thence along said curve and right of way in a northwesterly direction, 247.55 feet; Thence continuing along said right of way the following courses and distances: N 210 17' 50" W, 1130.34 feet to the beginning of a curve concave to the northeast having a central angle of 070 25' 01" and a radius of 940.00 feet; Thence along said curve in a northwesterly direction, 121.68 feet to the northeast corner of the aforesaid tract of land as recorded in book no. 1141 at page no. 128; Thence leaving said right of way line and along the north line of said tract of land, S 760 07' 11" W, 335.67 feet to the Point of Beginning, containing 12.74 acres more or less. 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. 3 PASSED AND APPROVED THIS DAY OF Jq jqA ��' 20� ATTEST: Gayl . Conrad, City Clerk