HomeMy WebLinkAboutCityMgrForm.609.09-15-1971CITY MANAGER FORM ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FANNIE A. WINDISCH
FOR PURPOSES S OF CONSTRUCTING, MAINTAINING AND OPERATING APARTMENTS
ON PART OF LOT '7 OF ALLEN'S SUBDIVISION OF OUT LOTS 76 AND 77, U.S.
PRIVATE SURVEY. NO. 21.99, IN THE CITY AND COUNTY OF CAPE GIRA_RDEAU,
MISSOURI
WHEREAS, .there exists an undeveloped: piece of land in
the City of Cape Girardeau, Missouri; and
N7HEREAS, Fannie A. Windisch .desires to develop this
property by constructing and maintaining a commercial building
with apartment accomodations above the commercial building; and
WHEREAS, the. Zoning Code of the City of Cape Girardeau,
Missouri,_requires that a Special Use Permit be granted: for the
purpose of constructing apartments i.n...a Commercial 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 by holding a public .hearing after giving fifteen (15)
days pudblic notice as required by the Ordinances of the City of
Cape Girardeau, finds that the -granting of the Special Use Permit
will not substantially increase traffic hazards_, congestion,
fire hazards or that the residences will not be adversely affected
by the 'general character of the neighborhood or adversely affect
the general welfare of the community nor will it overtax public
utilities or be in conflict with the -comprehensive elan.
SECTION 2. A Special Use Permit for the purpose of
constructing, maintaining andoperating apartments in Cape Girardeau,
Missouri, on the following described property:
Part of Lot (7) of Allen's Subdivision of Out Lots 76
and 77, U.S.P. Survey No. 2199, .in the City of Cage
Girardeau, Missouri, described as follows: Commence at the
point where the south line of said Out Lot 76 intersects the
northeast right of way line of U. S. Route 61:, from which
point the northwest corner of Out Lot 88 ..of said: U.S,.P.
Survey No 2199 bears South 831 38' East 142.4 feet, thence
North '361 48' West with the northeast right of way line of
said U. S. Route 61, 829.5 feet for a beginning corner;
thence North 731 56' East 166.5 feet thence North 24° 33'
West 65.0 feet; thence North 73° 56' East 50.0 feet to a
- 2 -
corner on the southwest right of way line of the Cape
Girardeau -Jackson Road (now Kingsway Drive), from which
corner the south line of said Out Lot 76 bears South 240 33'
East 865.6 feet; thence South 85° 32' West 118.5 feet; thence
South 71° 01' West 122.0 feet to a point on the northeast
right of way line of said U. S. Route 61; thence South
36° 48' East with said northeast right of way line 88.0
feet to the beginning corner. Subject to easements of
record. Except that part conveyed to Missouri Utilities
Company by Warranty Deed recorded in Book 162 at page 418.
Subject, however, to the lien of a Deed of Trust to
First Federal Savings and Loan Association, dated September 23,
1965, and recorded in Book 172 Page 692 of the Deed of
Trust Records of Cape Girardeau County, Missouri, given to
secure a note therein described upon which there is an
unpaid balance of $12,369.83 principle with interest from
July 1, 1971, payment of which,by acceptance of this
deed the party of the second part hereby assumes and
agrees to pay.
is hereby granted to Fannie A. Windisch, to be effective ten days
after the date of passage and approval of this Ordinance. The
proposed 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, 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, marked as "Exhibit A", and
incorporated herein by reference. The Mayor is hereby given the
power to execute the Special Use Permit 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 /_5 DAY OF 19 71.
MAYOR
ATTEST:
CITY CLERK
SPECIAL USE PEKT4 'T
You are hereby granted a Special Use Permit for the
��urpose of constructing, maintaining and operating fo*ar (4)
apartment units in the City of Cape Girardeau, Missouri, on- the
following described property for a period of indefinite year
Subject, however,. to the lien of a Deed of Trust to
First Tederal Savings and Loan Association, dated
September 23, 1965p and recorded in Book. 172 Page 692
of the Deed of Trust Records of Cape 3irardeau County,
Missouri, given tosecure a notedescribed upon
which there is an ,we .:, balancep
acceptance.83 principle
with interest from July !,, 1971, payment of which, by
deed
the
party
.. _w of the
second part
hereby assumes - Rt agrees to ,s a
y.
the Applicant _ by all City Ordinances which pertain
said ..
following conditions which are imposed as a.condition oll! issuance
of this Special Use Permit6 upon the failure of -kpplicant to
comply with these speciallconditions, the Special Use Permit
will automatically terminate with the right of the City of Cape
qirardeau to enter upon the r
to abate such special use.
SPECIAL CONDI T I IT :
1. Four 4) apartment omits in a 'Commercial District
with o ; ; e: .r on the second
two (2) apartments ,, the third story.
It 115A'14 I# "
2
This Special Use Permit shall be binding upon the executors,
administrators, heirs, successors or assigns of Fannie A. Windisch.
IN WITHESSS WHEREOF, the Mayor of, the City of Casae Girardeau
q �- �
affixes his signature this fS off day v 1971.,
ATTEST
V
CITY CLERK
STATE OF IMISSOURI 3
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of S 1�C�_.�:�1��.� . � � 1971, before me
personally appeared HOWARD C. TCK��, to me personally known, who,
being by rye duly sworn, did say that he is the Mayor of the City
of Cape Girardeau, 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 instrunt 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 WEMR.EOP, I have hereunto set my hand and
affixed ray official seal, at my office in ^ape Girardeau, Missouri,
the day and year first above written.
Ilk
Notary Pub c
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