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HomeMy WebLinkAboutCommForm.880.02-28-1940COI9.IISSION FOPJJ ORDINANCE i30. O AN ORDINANCE RE -ADOPTING THE PLAT OF A RESUBDIVISION OF SCHLUETER'S SUBDIVISION OF LOT 5 AND THE WEST PART OF LOT 6 OF STOCKTON'S ADDITION IN OUTLOT 40 IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND PROVIDING FOR CHARGES IN THE NAMES Or CERTAIN UTREETS ON SAID PLAT. Be it ordained by the City Council of the City of Cape Girardeau, Missouri, as follows: Section I. That the plat of a resubdivision of Schlueter's Sub- division of Lot 5 and the west part of Lot 6 of Stockton's Addition in the City and County of Cape Girardeau, Idlissouri, and the deed of dedica- tion and restriction amending and supplementing the contents of said plat, which plat and deed were recorded respectively on September 23, 1938 in Plat Book 4, page 30, and on April 18, 1939 in Book 112, page 163 of the land records of said county, and a second, amendatory and supplemental deed of dedication and restriction dated February 24, 1940, and duly executed and acknowledged on that date by Clara Schlueter Hoff- man and Louis A. Hoffman, her husband, as owners of the fee of said Re- subdiT,ision, are all now presented to and examined by this, the City Council of said city, and the said plat, and both of the said deeds, in- cluding the proposed changes of the names of Sturdivant, Schlueter and McKinley Streets or Avenues as shown in said plat to the respective names of Bessie, Franklin and Luce Streets or Avenues, pursuant to the petition of said Hoffmans and of all others owning property on streets or parts of streets affected by such change of naxaesA and the names of said streets changed accordingly by this City Council. Section II. The City Clerk is hereby authorized and directed to endorse upon the said second deed, which by its language is made a part of the said plat, the approval of the City Council, as herein given, and the City Clerk shall attest the said second deed of dedication_ and res- triction and the said chanes of names by the seal of the City of Cape Girardeau, Missouri. Section III. This ordinance shall take effect and be in force from and after its passage. Passed and approved thisday of , 1940. (O Mayor City rk Cape Girardeau, Missouri February 24, 1940 To the Honorable Mayor and Council of the City of Cape Girardeau, Mo.: Gentlemen: The undersigned, as owners of all the property on the streets af- fected by this petition, respectfully petition your honorable body to make the following changes in the names of the streets indicated on the plat of Schlueter's Re -Subdivision in this City, as follows: The street indicated on the plat as Sturdivant Street is to have its name changed to Bessie Street; the street indicated on said plat as Schlueter Street is to have its name changed to Franklin Avenue; and the street indicated on said plat as TAcKinley Street is to have its name changed to Luce Street. Respectfully submitted, C 0 P Y DEED OF DECLARATION IN RE: CONDITIONS, RESTRICTIONS AND LIMITATIONS ON THE SUBDIVISION KNOWN AS SCHLUETER'S RE -SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, CLARA SCHLUETER HOFFIAN, of the County of Cape Girar- deau, State of Missouri, is the owner of certain realty situated in the City and County of Cape Girardeau, State of Missouri, and more particular- ly described as follows, to -wit: All of a Re -subdivision of Schlueter's Subdivision of Lot 5 and the west part of Lot 6 of Stockton's Addition, be- ing Blocks 1, 29 3 and 4, comprising the whole of said Resub- division as per plat recorded September 23, 1938 in Book 4, at page 30 of the land records of said county, and as per deed of April 16, 1939, recorded April 19, 1939 in Book 113, page 168 of said records, by which deed said Clara Schlueter Hoffman acquired said realty, which is hereinafter designated by the term Subdivision; and TVHEREAS, it is the purpose of said Clara Schlueter Hoffman and of Louis A. Hoffman, her husband (both being hereinafter designated as "owner" or as "undersigned"), that said Subdivision shall be and remain a first-class Subdivision; and MPIEREA.S, it is the wish and desire of the owner of said Subdi- vision to subserve the purpose of benefiting said Subdivision and of ob- taining benefits that will inure to said owner, their successors and as- signs, and to all other persons who may purchase, hold or own from time to time any of the several lots covered by this instrument: NOW, THEREFORE, in consideration of the above premises and the benefits to inure to the undersigned, their successors and assigns, the undersigned do hereby provided for changes in the names fixed and desig- nated by said plat for certain streets, as follows, to -wit: The name of the street designed as Sturdivant Street on said plat shall be changed to the name Bessie Street, and the name of the street designated as Schlueter Street on said plat shall be changed to the name Franklin Avenue, and the name of the street designated as McKinley Street on said plat shall be changed to the name Luce Street; and the undersigned do hereby impose the following conditions, restric- tions and limitations on said Subdivision, same to be cumulative to the prior, restrictive provisions, conditions, restrictions and limitations by the dedication deed recorded April 18, 1939 in Book 113, page 163 of said records, but anything in said prior restrictive provisions in con- flict herewith shall be deemed cancelled and voided by this instrument, the said changes in names and the said conditions, restrictions and limitations being as follows, to -wit: - 1 - By the term "residential lot", or the term "lot", as used here- in, is meant at least two of the 25 -foot platted lots (or the equivalent thereof) shown on said plat recorded September 23, 1938 in Book 4, page 30 of said records, and no structure shall be erected on any residential lot other than one detached, single-family dwelling, not to exceed two stories in height and a one or two car garage. Each dwelling shall be restricted to use as a private residence only and shall be occupied by not more than one family in each; but a duplex dwelling may be deemed in compliance with these restrictions, if the same shall be separated into two complete housekeeping units, and shall be so designed as to resemble the appearance of a single, private residence as much as possible, and provided further treat the residential site of such duplex dwelling shall comprise at least three of said 25 -foot platted lots, or the equivalent thereof, and that such duplex dwelling shall cost and be of the reason- able value of not less than five thousand five hundred dollars ($5,500.00). No build.in� shall be erected on any residential lot nearer than the front building line, as indicated on said plat. All residential lots shall have an aggregate side yard measurement of not less than ten (10) feet, and in no case shall a building be placed closer than five (5) feet to any side lot line. Further, no building; shall be constructed, the side line of which building is nearer than ten (10) feet to the side line of an adjacent building. The side line restriction shall not apply to a garage located on the rear one-quarter of a lot, except that on corner lots no structure of any mind shall be permitted neare-r than twelve and one-half (122) feet to the side street line. into residential lot shall be resubdivided into building lots having less than five thousand (5000) square feet of area. No residen- tial lot shall be resubdivided into building lots having a width of less than fifty (50) feet each on the building line. No building shall be erected on any residential lot having an area of less than five thousand (5000) square feet. Further, no building shall be erected on any resi- dential lot having a width of less than fifty (50) feet each on the building line. - P. - No noxious or offensive trade or profession shall be carried on or conducted in said Subdivision or in any building erected therein, nor shall anything be done in said Subdivision that may be or become an annoyance or nuisance to the neighborhood as construed by the courts of the State of Missouri as an annoyance or a nuisance. No lot or portion of a lot or building erected thereon shall be sold, leased or rented to, or occupied by any other than those of the Caucasian race, except teat this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner or tenant. No trailer, basement, tent, shack, garage, bar or other out- building erected in said Subdivision shall at any time be used as..a re- sidence temporarily or permanently, nor shall any residence of a tempor- ary character be permitted, nor shall any dwelling be constructed in said Subdivision having a ground floor square foot area of less than six hundred (600) square feet. No tight board fence nor any fence without openings aggregat- ing at least 50% of each side area thereof shall be constructed in said Subdivision. No hedge or fence shall extend in front of the building lines on any lot in this Subdivision or be more than four (4) feet in height. No building shall be erected on, altered, or moved onto any lot in said Subdivision until the external design, grade and location thereof have been approved, in writing by a majority of the members of the within mentioned neighborhood committee. However, in the event that said memr,ers are not in existence or fail to approve or disapprove such design, grade and location within thirty (30) days after submission of such plans, or if no suit to enjoin the erection of building or the making of such alterations has been commenced prior to the completion thereof, then such approval will not be required; provided, the design, grade and location of such structure shall conform to and be in harmony with exist- ing structures in the tract. In either case, and in any event, the mini- mum cost of the residences to be built upon said lots shall be as desig- nated on said plat, and no dwelling shall be permitted in said Subdivi- sion having a ground floor square foot area of less t.lan six hundred (600) square feet, as above required. For the' purposes hereinbefore stated, the following shall be appointed to act as members of neighborhood committee for the term specified: Louis A. Hoffman for a term of five years; Clara Schlueter Hoffman for a term of four years; and Matilda Schlueter for a term of three years; said terms to begin with the date of filing of these res- trictions for record. Successor members shall be elected in the follow- ing manner. Whenever the term of office of a member shall expire, or should any member refuse to act or become incapacitated to perform his duties as member, the surviving member or members shall call a meeting to be held at some convenient place in the County or City of Cape Girar- deau, Missouri, of the record owners in fee simple of lots in said Subdivi- sion, who shall proceed by ballot to elect successor members to fill the vacancies created, such successor term to be for three year periods. Each lot owner shall be entitled to vote at the rate of one vote for each resi- dential lot of fifty feet, which shall be deemed a unit lot, and the mini- mum qualification for voting shall'be ownership of such unit lot, and own- ership of a fractional lot in excess of such unit shall entitle such owner to a fractional vote proportional to the fractional unit lot owned. A majority of all valid votes cast shall be required for election. 2rovided, however, that as long as the said Clara Schlueter Hoffman (or whoever m4y succeed to the entire interest that she may own in said Subdivision at the time of such transfer) shall own two or more residential lots in said Sub- division, she (or her heirs or successors, as the case may be) will have the privilege of at least one representative on said Neighborhood Committee. Each of said members and their successors, duly elected or ap- pointed, accent the trusts upon condition only that each of said members shall be responsible only for his own wrongful acts and not one for the other or others, and upon the further condition that no member hereunder shall ever be held personally liable for injury to persons or property by reason of any act or acts of commission or omission by such members, res- pectively or collectively. Any member may at any time resign as such mem- ber by instrument in writing signed and acknowledged by him and filed for record in the Recorder of Deed's office of said County of Cape Girardeau. It is expressly agreed and understood that any delay caused by lack of approval of plans submitted for consideration to the Committee shall not constitute a valid claim for damages incurred by such delay. All the conditions, restrictions and limitations of this Subdi- vision are to run with the land, and shall be binding on all the parties and all persons claiming under them until January 1, 1980, and shall con- tinue for successive periods of fifteen (15) years unless terminated by the written consent of the then lot owners of two-thirds (2/3) of the front footage of this Subdivision, executed, acknowledged and recorded in the manner and form provided by law for execution of instruments affecting real estate, provided, however, that any time hereafter by written consent, A duly recorded, of nine -tenths of the frontage in said Subdivision said conditions, restrictions and limitations may be increased. All of the lots and parcels of ground in said Subdivision are hereby subject to all the conditions, restrictions and limitations herein contemplated, directing and limiting the use and occupation of said lots and every part thereof, and said conditions, restrictions and limitations shall operate as covenants running with the land into the hands of whom- soever it, or any part of it, shall come, and shall be enforcible by any person or persons now or hereafter owning any lot or part of lot or lots in the aforesaid Subdivision in behalf and for the benefit of either themselves or the said owner or owners, or for any or either of them; and it shall be lawful for any person or persons now or hereafter own- ing any lot or part of lot or lots in the aforesaid tiubdivision in be- half and for the benefit of either themselves or the said owner or own- ers, or for any or either of thea to prosecute any proceeding or pro- ceedings at law or in equity, by injunction or otherwise, against any person or persons infringing or attempting -to infringe, or omitting to perform, or to Keep, observe or abide, by the provisions for the purpose of preventing them from so doing or collecting damages for such infringe- ment or omission or both. All said conditions, restrictions and limitations are to be construed as independent and not inter -dependent, and in the event that any of them shall be declared void or for any reason unenforcible, the validity and binding effect of the other conditions, restrictions and limitations shall not be deemed to be impaired or affected. Laches, waiver, estoppel or failure to enforce, and the breach of any condi- tion, restriction or limitation shall not be a waiver of any subsequent breach of the conditions, restrictions and limitations herein set forth. IN WITNESS WHEREOF, the said Clara Schlueter Hoffman and Louis A. Hoffman, her husband, have hereunto set their hands this 24th day of February, 1940. Clara Schlueter Hoffman Louis A. Hoffman STATE OF HISSOURI, ) ( SS. COMITY OF CAPE GIRARDEAU. ) On this 24th day of February, 19409 before me, a Notary Public, within and for the County of Cape Girardeau, personally appeared CLARA SCHLUETER HOFFMAN and LOUIS A. HOFFIfAN, her husband, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my official seal in my office in the County of Cape Girardeau, State of Ifissouri, this 24th day of February, A. D. 1940. Lucille Fuerth (Seal) Notary Public. My Commission expires: February 24, 1941. I, W. C. Kaempfer, City Clerk of the City of Cape Girardeau, Mis- souri, hereby certify that the foregoing deed of dedication and plat therein mentioned were presented to the City Council of the City of Cape Girardeau, Ifissouri, on February 28, 1940, and that same were ac- cepted and approved by said City Council by CoLmission Form Ordinance No. 880, which ordinance specifically changed the names of certain streets according to the said deed of dedication, executed by all the owners of all lots and property in said Subdivision as recited in said ordinance as a basis for such change of names. In Fitness Whereof, I hereto affix the seal of said City and set my hand as City Clerk this 28th day of February, 1940. (Seal)