HomeMy WebLinkAboutOrd.769.10-16-1989BILL NO. 89-192
ORDINANCE N0. 10
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
UNION ELECTRIC COMPANY, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A WATER
TANK AND WATER TREATMENT FACILITIES AT THE
SOUTHEAST CORNER OF OLD ROUTe 61 AND SOUTH SPRIGG
STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Union Electric Company is the owner of certain
property in the City of Cape Girardeau, on which it desires to
construct, maintain and operate a public utility water tank and
expand its water treatment facilities; and
WHEREAS, the proposed location of said water tank is at the
Southeast corner of Old U.S. Route 61 and South Sprigg Street,
which property is presently zoned M-2, Heavy Industrial District;
and
WHEREAS, a Special Use Permit is required for said use in a
M-2 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City Council having duly considered the
application finds that the granting of the Special Use Permit will
not substantially increase traffic hazards, congestion, fire
hazards or adversely affect the general character of the
neighborhood or the general welfare of the community, nor will it
overtax public utilities or be in conflict with the comprehensive
plan.
SECTION 2. A Special Use Permit for purposes of constructing,
maintaining and operating a public utility water tank and
expanding its water treatment facilities, on the following
described property:
A tract of land in Northwest Quarter of Section 24,
Township 30 North, Range 13 East, City of Cape Girardeau,
Cape Girardeau County, Missouri, more particularly
described as follows:
Commencing at the Northwest corner of said Section 24;
thence South 11 53' East along the West line of Section 24,
1,060 feet; thence East 170 feet to a point of intersection
of the North right-of-way line of the St. Louis & San
Francisco Railway with the East right-of-way line of U.S.
Highway 61, said point being the point of beginning of the
herein described tract of land; thence North 10 53' West
along the East right-of-way line of Old U.S. Route 61 a
distance of 416.82 feet to a point; thence continuing along
said East right-of-way line of Old U.S. Route 61 North 10
53' West a distance of 60.33 feet; thence North 881 07'
East 311.08 feet; thence North 160 51.' West 22.51 ,feet to a
point in the South right-of-way line of Missouri Highway 74
(South Sprigg Street); thence North 730 04' East 115.84
feet; thence South 40 10' West 360.18 feet to a point in
the aforesaid North right-of-way line of the St. Louis &
San Francisco Railway; thence South 630 52' West along the
North right-of-way line of the St. Louis & San Francisco
Railway 1.15.82 feet to a point; thence continuing along
said North right-of-way line of the St. Louis & San
Francisco Railway South 630 52' West a distance of 300.00
feet to the point of beginning.
Together. with all right, title and interest 'the Southeast
Missouri Stone Company may have in.and to the South half of
that portion of South Sprigg Street located North of and
adjacent to the above described property.
is hereby granted to Union Electric Company, to be effective ten
(10) days after the date of passage and approval of this
ordinance. The special use must comply with all regulations set
forth in the Zoning Code for the district in which the use is
located except those which have been specifically excepted under
this permit, and all other applicable ordinances of the City of
Cape Girardeau and any special conditions contained in the Special
Use Permit, a copy of which is attached hereto and incorporated
herein by reference. The City Manager is hereby given the power
to execute the Special Use Permit for and on behalf of the City of
Cape Girardeau, Missouri.
SECTION 3. This ordinance shall be in full force and effect
ten days after its passage and -approval.
PASSED AND APPROVED THIS Q+ -,DAY OF , 1989.
46' A
Francis Rho d es',�;Ma y �o
ATTEST:
C*4mj, a� a.,_,th
Kimberly APruett
Deputy Cit. Clerk
SPECIAL USE PERMIT
Union Electric Company, P. 0. Box 149, St. Louis, MO 63166, is
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating a public utility water tank and
expanding its water treatment facilities, on the following
described property for an indefinite period of time:
A tract of land in Northwest Quarter of Section 24,
Township 30 North, Range 13 East, City of Cape Girardeau,
Cape Girardeau County, Missouri, more particularly
described as follows;
Commencing at the Northwest corner of said Section 24;
thence South 10 53' East along the West line of Section 24,
1,060 feet; thence East 170 feet to a point of intersection
of the North right-of-way line of the St. Louis & San
Francisco Railway with the ..East right-of-way line of U.S.
Highway 61, said point being the point of beginning of the
herein described tract of land; thence North 1° 53' West
along the East right-of-way line of Old U.S. Route 61 a
distance of 416.82 feet to a point; thence continuing along
said East right-of-way line of Old U.S. Route 61 North 10
53' West a distance of 60.33 feet; thence North 881 07'
East 311.08 feet; thence North 160 51' West 22.51 feet to a
point in the South right-of-way line of Missouri Highway 74
(South Sprigg Street); thence North 730 04" East 115.84
feet; thence South 40 10' West 360.18 feet to a point in
the aforesaid North right-of-way line of the St. Louis &
San Francisco Railway; thence South 63° 52' West along the
North right-of-way line of the St. Louis & San Francisco
Railway 115.82 feet to a point; thence continuing along
said North right-of-way line of the St. Louis & San
Francisco Railway South 630 52' West a distance of 300.00
feet to the point of beginning.
Together with all right, title and interest the Southeast
Missouri Stone Company may have in and to the South half of
that portion of South Sprigg Street located North of and
adjacent to the above described property.
This Special Use Permit is granted upon the condition that the
Applicant be bound by all City Ordinances which pertain to the
Special Use Permit and that the Applicant be bound by the
following conditions which are imposed as a condition of issuance
of this Special Use Permit. Upon the failure of the Applicant to
comply with these special conditions, the Special Use Permit will
automatically terminate with the right of the City of Cape
Girardeau to enter upon the land to abate such special use.
SPECIAL CONDITIONS:
1. Additions or modifications from the original building
permit must be approved by the City Council.
2. Special use shall meet all zoning regulations.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day
of , 1989.-
J. Ronald Fischer, City Manager
ATTEST:
Kimberly A. Pruett
Deputy City Clerk
STATE OF MISSOURI }
ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared J. Ronald Fischer, to me personally known, who, being by
me duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the
day and year first above written.
My Commission Expires:
October 8, 1992
N
Delores G. Needham, Notary Public