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HomeMy WebLinkAboutOrd.1775.09-05-1995 BILL NO. 95-191 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LEON C. BRINKOPF, JULIENE BEARD, CARL MICHAEL GROSS, DAVID LEON GROSS, AND CARLYN ELIZABETH COX, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH FACILITY AND PARKING LOT ON 11. 66 ACRES NORTH OF NEW HIGHWAY 74 AND SOUTH OF BRINK STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Leon C. Brinkopf, Juliene Beard, Carl Michael Gross, David Leon Gross, and Carlyn Elizabeth Cox are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate a church facility and parking lot; and WHEREAS, the proposed location of said church facility is an 11. 66 acre tract directly north of the new Highway 74 route and south of Brink Street, which property is presently zoned R-2 , Single-Family Dwelling District; and WHEREAS, a Special Use Permit is required for said use in a R-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 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. ARTICLE 2 . A Special Use Permit for purposes of constructing, maintaining and operating a church facility and parking lot, on the following described property: TRACT 2• Al1 of Lots 1, 2 and 3 in Block 1 of Brink's Second Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 6 at Page 41. TRACT 3• Part of Out Lot No. 55 in U.S.P. Survey 2199, in the City of Cape Girardeau, Missouri, described as follows: Start at the Southeast corner of Block 5 of Brink's Subdivision; thence South along the East line of Brink's Subdivision, extended, same being the West line of Minnesota Avenue 275 feet for a point of beginning; thence West parallel to the South line of Out Lot 55, 150 feet; thence South parallel to the West line of Minnesota Avenue 175 feet; thence East parallel to the South line of Out Lot No. 55, 150 feet to the West line of Minnesota Avenue; thence North along the West line of Minnesota Avenue 175 feet to the point of beginning. TRACT 4• Al1 of Lot Numbered 3 in Block "B" in the Airsch Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Hanover Street by a depth of 140 feet. TRACT 5-1• That part of Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Ranges 13 and 14, East of the Fifth Principal Meridian, described as follows: Begin at a � inch iron road at the Southwest corner of Block 4 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 81° 26' 05" East along the South line of said subdivision, 548.68 feet to the Southeast corner of Block 3 of said subdivision; thence South 8° 00' 00" West along the West line of Koch Avenue, as dedicated (Book 169, Page 107) , 625.75 feet to the South line of said Out Lot 55; thence North 81° 53' 30" West along said South line, 553.38 feet to an iron pipe; thence North 8° 25' 48" East, 630.14 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 7.943 acres. TRACT 5-2• That part of Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 14 East of the Fifth Principal Meridian, described as follows: Begin at the Southwest corner of Block 2 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 81° 26' 05" East, 492.30 feet to the Southeast corner of said Block 2; thence South 8° 00' 00" West along the West line of Louis Street, 100.00 feet; thence North 81° 26' 05" West along the North line of Flora Street, 492.30 feet to the East line of Koch Avenue; thence North 8° 00' 00" East, 100.00 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 1.130 acres. NOTE: All streets mentioned are dedicated by Deed Book 169, Page 107. TRACT 5-3• That part of Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 14, East of the Fifth Principal Meridian, described as follows: Commence at the Southwest corner of Block 2 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 8° 00' 00" West along the East line of Koch Avenue, 150.00 feet for a place of beginning; thence south 81° 26' 05" East along the South line of Flora Street, 492.30 feet to the West line of Louis Street; thence South 8° 00' 00" West, 210.00 feet; thence North 81° 26' 05" West along the North line of Juliene Street, 172.30 feet; thence North 8° 00' 00" East along the East line of 0.354 acres, 110.00 feet; thence North 81° 26' 05" West along the North line thereof, 140.00 feet; thence South 8° 00' 00" West along the West line thereof, 110.00 feet to said North line of Juliene Street; thence North 81° 26' 05" West along said North line of Juliene Street, 180.00 feet to said East line of Koch Avenue; thence North 8° 00' 00" East, 210.00 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 2.020 acres. NOTE: All streets mentioned are dedicated by Deed Book 169, Page 107. TRACT 5-4• That part of outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 14 East, of the Fifth Principal Meridian, described as follows: Commence at the Southwest corner of Block 1 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 8° 00' 00" West along the East line of Koch Avenue, 410.00 feet for a place of beginning; thence South 81° 26' 05" East along the South line of Juliene Street, 492.30 feet to the West line of Louis Street; thence South 8° 00' 00" West along said West line of Louis Street, 211.48 feet to the South line of said Out Lot 55; thence North 81° 53' 30" West along said South line, 492.28 feet to said East line of Koch Avenue; thence North 8° 00' 00" East, 215.41 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 2.412 acres. 2. NOTE: All streete mentioned are dedicated by Deed Book 169; Page 107. TRACT 5-5• All of Block 1 of Brink's Second Subdivision (Plat Book 6, Page 41) and that part of outlot 55 of U.S.P. Survey No. 2199 in Township 30 North, Range 14, East of the Fifth Principal Meridian, described as follows: Begin at the Northeast corner of said Block 1 of Brink's Second Subdivision; thence South 8° 00' 00" West along the West line of Minnesota Avenue, 270.0 feet; thence North 81° 23' 27" West along the North line of a lot conveyed to Beard (Book 267, Page 765) , 125.00 feet; thence South 8° 00' 00" West along the West line of said Beard lot and Brinkopf lot (Book 267, Page 763) , 300.00 feet; thence South 8° 23' 27" East, 125.00 feet to the Southeast corner of said Brinkopf lot; thence South 8° 00' 00" West along said West line of Minnesota Avenue, 123.86 feet to the south line of said Outlot 55; thence North 81° 53' 30" West along said South line, 249.98 feet to the East line of Louis Street, as dedicated (Book 169, Page 107) ; thence North 8° 00' 00" East along said East line of Louis Street, 696.04 feet to the Northwest corner of said Block 1; thence South 81° 23' 27" East along the South line of Brink Avenue, 250.00 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 3.127 acres. EXCEPTING THEREFROM: All of grantor's land in Lots 1, 2, and 3 in Block 1 of Brink's Second Subdivision in the City of Cape Girardeau, Cape Girardeau County, State of Missouri, as shown by plat recorded in Plat Book 6 at Page 41 of the Cape Girardeau County Records Office, lying within width as hereinafter designated from the following described highway centerline of relocated State Route 74 containing 0.19 acres of new limited access right-of-way. The relocated highway centerline of State Route 74, established by Job. No. JOU00412, is located and described by commencing at a land survey monument being a � inch rebar in the Northeast corner of Outlot 55, U.S.P.S. No. 2199, Township 30 North, Range 14 East; thence South 06° 08' S2" West on and along the East line of said Outlot 55, a distance of 772.69 feet to a point on the relocated highway centerline of State Route 74 being Sta. 121+09.29, for the point of beginning; thence the relocated highway centerline of State Route 74 as follows: South 68° 02' 46.7" West, 355.71 feet to Equation Sta. 117+53.38 Bk. = Sta. 117+67.09 Ah. , and from point of beginning Sta. 121+09.29, the relocated highway centerline extends North 68° 02' 46.7" East, 90.71 feet to Sta. 122+00. Bearings are State Plane Coordinate System, Eastern Zone. Widths of new limited access right-of-way as measured at right angles from the above described relocated Highway 74 centerline, are as follows: On the North side, all grantor's land lying within a tract being a constant width of 140 feet extending from opposite Sta. 118+79.69, crossing through grantor's South property line being the South line of Lot 3, Block 1 of Brink's Second Subdivision opposite Sta. 119+49.20 and continuing said constant width of 140 feet to Sta. 120+00; thence narrows in a straight line from 140 feet at Sta. 120+00, crossing through grantor's East property line, being the West existing city street right-of-way line of Minnesota Avenue at a point 124.55 feet opposite Sta. 121+54.51, and continuing in a straight line to a width of 120 feet at Sta. 122+00. Grantor hereby conveys all rights, title and interest, which grantors have, in adjacent streets within the right-of-way limits described above. Also all abutters rights of direct access between the highway now known as State Route 74 relocated and grantor's abutting land in Lots 1, 2 and 3 in Block 1 of Brink's Second Subdivision in the City of Cape Girardeau, Cape Girardeau County, State of Missouri. 3 . ALSO: All of grantor's land in the East part of Outlot 55, U.S.P.S. No. 2199, Township 30 North, Range 13 and 14 East, Cape Girardeau County, State of Missouri, referred to by Warranty Deed dated December 12, 1940 and recorded in Book 119 at Page 95 of the Cape Girardeau County Records Office lying within widths as hereinafter designated from the following described relocated highway and city street centerlines containing a total of 4.23 acres of new limited access right- of-way as follows: The relocated highway centerline of State Route 74, established by Job No. JOU0412, is located and described by commencing at a land survey monument being a � inch rebar in the Northeast corner of Outlot 55, U.S.P.S. No. 2199, Township 30 North, Range 14 East; thence South 06° 08' 52" West on and along the East line of said Outlot 55 a distance of 772.69 feet to a point on the relocated highway centerline of State Route 74 being Sta. 121+09.29, for the point of beginning; thence the relocated highway centerline of State Route 74 extends as follows: south 68° 02' 46.7" West, 355.71 feet to Equation S.T. Sta. 117+53.58 BK. = S.T. Sta. 117+67.09 Ah. ; thence Southerly along a spiral curve to the left for a distance of 250 feet to C.S. Sta. 115+17.09 (said spiral curve having an X distance of 249.759 feet along the main tangent and a Y distance of 8.181 feet offset from the main tangent) ; thence to the left on a 4° 30' curve having an interior angle of 26° 25' 57.7" for a distance of 3337.393 feet to S.C. Sta. 111+79.70; thence to the left on a spiral curve for a distance of 250 feet to T.S. Sta. 109+29.70 (said spiral curve also having an X distance of 249.759 feet and a Y distance of 8.181 feet) ; thence South 41° 36' 49.1" West 129.70 feet to Sta. 108+00. Bearings are State Plane Coordinate System Eastern Zone. Widths of new limited access right-of-way measured at right angles from the above described relocated Highway 74 centerline, are as follows: On the North side, all grantor's land within a tract being a width of 135 feet opposite T.S. Sta. 109+29.70; thence North 43° 32' 08" East 263.08 feet to a width of 135 feet opposite S.C. Sta. 111+79.70, having crossed grantor's West property line at a point 131.88 feet opposite a S.C. Sta, 110+44.48; thence Northeasterly in a straight line from 135 feet opposite Sta. 111+79.70 to a width of 120 feet opposite Sta. 113+00; thence Northeasterly in a straight line from 120 feet opposite Sta. 113+00 to a width of 140 feet opposite C.S. Sta. 115+17.09; thence North 66° 07' 22" East, 263.57 feet to equation S.T. Sta. 117+67.09 Bk. = S.T. Sta. 117+53.58 Ah. ; thence a constant and uniform width of 140 feet extending from opposite S.T. equation Sta. 117+67.09 Bk. = S.T. Sta. 117+53.58 Ah. , crossing through the East city street right-of-way line of abandoned Louis Street at a point 140 feet opposite Sta. 118+76.69 and continuing said width of 140 feet to opposite Station 120+00. Also, on the South side, all grantor's land lying within a tract starting at a width of 120 feet opposite T.S. Sta 109+29.70; thence North 47° 03' 16" East 237.54 feet to a width of 135 feet S.C. opposite Sta. 111+79.70; thence Northeasterly in a straight line from 135 feet opposite S.C. Sta. 111+79.70, crossing through grantor's South property line at a point 132.43 feet opposite Sta. 112+66.39, to a width of 130 feet opposite Sta. 113+00; thence narrowing in a straight line from 130 feet opposite Sta. 113+00 to a width of 115 feet opposite C.S. Sta. 115+17.09; thence North 75° 46' 50" East 240.62 feet to a width of 155 feet opposite equation S.T. Sta. 117+67.09 Bk. = S.T. Sta. 117+53.58 Ah. ; thence continuing to widen to a width of 170 feet opposite Sta. 118+00; thence Northeasterly in a straight line from 170 feet opposite Sta. 118+00 to a width of 140 feet opposite Sta. 120+00, having crossed grantor's West property line opposite Sta. 118+61.73. Grantor hereby conveys all rights, title and interest, which grantors have in and to that part of an adjacent street known as Louis Street lying within the right- of-way limits described above. 4. Also all abutters rights of direct access between the highway now known as State Route 74 relocated and grantor's abutting land in Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 13 and 14 East, City and County of Cape Girardeau, State of Missouri. is hereby granted to Leon C. Brinkopf, Juliene Beard, Carl Michael Gross, David Leon Gross, and Carlyn Elizabeth Cox, 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 Interim City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3 . Pursuant to Section 3 . 15 of the Charter of the City of Cape Girardeau, Missouri, tis measure is adopted as an emergency measure as it constitutes a Bill concerning the immediate preservation of public peace, property, health, safety or morals. Accordingly, this ordinance will take effect immediately upon its passage and approval. PASSED AND APPROVED THIS _ °';. DAY OF � �-;%: ; �_ . , 19 � A. . Spra ling, III, yor ATTEST: i ; ;� -T %t Gayle L. Conrad Deputy City Clerk 5. SPECIAL USE PERMIT Leon C. Brinkopf, 915 Minnesota, Cape Girardeau, MO 63703 [Resides at Missouri Veterans Home, Cape Girardeau, MO] ; Juliene Beard, 625 Louis, Cape Girardeau, MO 63703; Carl Michael Gross, 1038 Cathy Drive, Jackson, MO 63755; David Leon Gross, 3440 Hopper Road, Cape Girardeau, MO 63701; and Carlyn Elizabeth Cox, 1220 Larry Drive, Cape Girardeau, MO 63701, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a church facility and parking lot, on the following described property for an indefinite period of time: TRACT 2- All of Lots 1, 2 and 3 in Block 1 of Brink's Second Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 6 at Page 41. TRACT 3• Part of Out Lot No. 55 in U.S.P. Survey 2199, in the City of Cape Girardeau, Missouri, described as follows: Start at the Southeast corner of Block 5 of Brink's Subdivision; thence South along the East line of Brink's Subdivision, extended, same being the West line of Minnesota Avenue 275 feet for a point of beginning; thence West parallel to the South line of Out Lot 55, 150 feet; thence South parallel to the West line of Minnesota Avenue 175 feet; thence East parallel to the South line of Out Lot No. 55, 150 feet to the West line of Minnesota Avenue; thence North along the West line of Minnesota Avenue 175 feet tc the point of beginning. TRACT 4• All of Lot Numbered 3 in Block "B" in the Hirsch Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Hanover Street by a depth of 140 feet. TRACT 5-1• That part of Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Ranges 13 and 14, East of the Fifth Principal Meridian, described as follows: Begin at a � inch iron road at the Southwest corner of Block 4 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 81° 26' 05" East along the South line of said subdivision, 548.68 feet to the Southeast corner of Block 3 of said subdivision; thence South 8° 00' 00" West along the West line of Koch Avenue, as dedicated (Book 169, Page 107) , 625.75 feet to the South line of said Out Lot 55; thence North 81° 53' 30" West along said South line, 553.38 feet to an iron pipe; thence North 8° 25' 48" East, 630.14 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 7.943 acres. TRACT 5-2• That part of outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 14 East of the Fifth Principal Meridian, described as follows: Begin at the Southwest corner of Block 2 of Brink's Second Subdivision (Plat Book 6, Page 41); thence South 81° 26' 05" East, 492.30 feet to the Southeast corner of said Block 2; thence South 8° 00' 00" West along the West line of Louis Street, 100.00 feet; thence North 81° 26' 05" West along the North line of Flora Street, 492.30 feet to the East line of Koch Avenue; thence North 8° 00' 00" East, 100.00 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 1.130 acres. NOTE: All streets mentioned are dedicated by Deed Book 169, Page 107. TRACT S-3• That part of outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 14, East of the Fifth Principal Meridian, described as follows: Commence at the Southwest corner of Block 2 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 8° 00' 00" West along the East line of Koch Avenue, 150.00 feet for a place of beginning; thence south 81° 26' 05" East along the South line of Flora Street, 492.30 feet to the West line of Louis Street; thence South 8° 00' 00" West, 210.00 feet; thence North 81° 26' 05" West along the North line of Juliene Street, 172.30 feet; thence North 8° 00' 00" East along the East line of 0.354 acres, 110.00 feet; thence North 81° 26' 05" West along the North line thereof, 140.00 feet; thence South 8° 00' 00" West along the West line thereof, 110.00 feet to said North line of Juliene Street; thence North 81° 26' 05" West along said North line of Juliene Street, 180.00 feet to said East line of Koch Avenue; thence North 8° 00' 00" East, 210.00 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 2.020 acres. NOTE: All streets mentioned are dedicated by Deed Book 169, Page 107. TRACT 5-4• That part of Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 14 East, of the Fifth Principal Meridian, described as follows: Commence at the Southwest corner of Block 1 of Brink's Second Subdivision (Plat Book 6, Page 41) ; thence South 8° 00' 00" West along the East line of Koch Avenue, 410.00 feet for a place of beginning; thence South 81° 26' 05" East along the South line of Juliene Street, 492.30 feet to the West line of Louis Street; thence South 8° 00' 00" West along said West line of Louis Street, 211.48 feet to the South line of said Out Lot 55; thence North 81° 53' 30" West along said South line, 492.28 feet to said East line of Koch Avenue; thence North 8° 00' 00" East, 215.41 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 2.412 acres. NOTE: All streets mentioned are dedicated by Deed Book 169; Page 107. TRACT 5-5• All of Block 1 of Brink's Second Subdivision (Plat Book 6, Page 41) and that part of Outlot 55 of U.S.P. Survey No. 2199 in Township 30 North, Range 14, East of the Fifth Principal Meridian, described as follows: Begin at the Northeast corner of said Block 1 of Brink's Second Subdivision; thence South 8° 00' 00" West along the West line of Minnesota Avenue, 270.0 feet; thence North 81° 23' 27" West along the North line of a lot conveyed to Beard (Book 267, Page 765) , 125.00 feet; thence South 8° 00' 00" West along the West line of said Beard lot and Brinkopf lot (Book 267, Page 763) , 300.00 feet; thence South 8° 23' 27" East, 125.00 feet to the Southeast corner of said Brinkopf lot; thence South 8° 00' 00" West along said West line of Minnesota Avenue, 123.86 feet to the south line of said Outlot 55; thence North 81° 53' 30" West along said South line, 249.98 feet to the East line of Louis Street, as dedicated (Book 169, Page 107) ; thence North 8° 00' 00" East along said East line of Louis Street, 696.04 feet to the Northwest corner of said Block 1; thence South 81° 23' 27" East along the South line of Brink Avenue, 250.00 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 3.127 acres. EXCEPTING THEREFROM: All of grantor's land in Lots 1, 2, and 3 in Block 1 of Brink's Second Subdivision in the City of Cape Girardeau, Cape Girardeau County, State of Missouri, as shown by plat recorded in Plat Book 6 at Page 41 of the Cape Girardeau County Records Office, lying within width as hereinafter designated from the following described highway centerline of relocated State Route 74 containing 0.19 acres of new limited access right-of-way. The relocated highway centerline of State Route 74, established by Job. No. JOU00412, is located and described by commencing at a land survey monument being a � inch rebar in the Northeast corner of Outlot 55, U.S.P.S. No. 2199, Township 30 North, Range 14 East; thence South 06° 08' 52" West on and along the East line of said Outlot 55, a distance of 772.69 feet to a point on the relocated highway 2 . centerline of State Route 74 being Sta. 121+09.29, for the point of beginning; thence the relocated highway centerline of State Route 74 as follows: South 68° 02' 46.7" West, 355.71 feet to Equation Sta. 117+53.38 Bk. = Sta. 117+67.09 Ah. , and from point of beginning Sta. 121+09.29, the relocated highway centerline extends North 68° 02' 46.7" East, 90.71 feet to Sta. 122+00. Bearings are State Plane Coordinate System, Eastern Zone. Widths of new limited access right-of-way as measured at right angles from the above described relocated Highway 74 centerline, are as follows: On the North side, all grantor's land lying within a tract being a constant width of 140 feet extending from opposite Sta. 118+79.69, crossing through grantor's South property line being the South line of Lot 3, Block 1 of Brink's Second Subdivision opposite Sta. 119+49.20 and continuing said constant width of 140 feet to Sta. 120+00; thence narrows in a straight line from 140 feet at Sta. 120+00, crossing through grantor's East property line, being the West existing city street right-of-way line of Minnesota Avenue at a point 124.55 feet opposite Sta. 121+54.51, and continuing in a straight line to a width of 120 feet at Sta. 122+00. Grantor hereby conveys all rights, title and interest, which grantors have, in adjacent streets within the right-of-way limits described above. Also all abutters rights of direct access between the highway now known as State Route 74 relocated and grantor's abutting land in Lots 1, 2 and 3 in Block 1 of Brink's Second Subdivision in the City of Cape Girardeau, Cape Girardeau County, State of Missouri. ALSO• All of grantor's land in the East part of Outlot 55, U.S.P.S. No. 2199, Township 30 North, Range 13 and 14 East, Cape Girardeau County, State of Missouri, referred to by Warranty Deed dated December 12, 1940 and recorded in Book 119 at Page 95 of the Cape Girardeau County Records Office lying within widths as hereinafter designated from the following described relocated highway and city street centerlines containing a total of 4.23 acres of new limited access right- of-way as follows: The relocated hiqhway centerline of State Route 74, established by Job No. JOU0412, is located and described by commencing at a land survey monument being a � inch rebar in the Northeast corner of Outlot 55, U.S.P.S. No. 2199, Township 30 North, Range 14 East; thence South 06° 08' S2" West on and along the East line of said Outlot 55 a distance of 772.69 feet to a point on the relocated highway centerline of State Route 74 being Sta. 121+09.29, for the point of beginning; thence the relocated highway centerline of State Route 74 extends as follows: south 68° 02' 46.7" West, 355.71 feet to Equation S.T. Sta. 117+53.58 BK. = S.T. Sta. 117+67.09 Ah. ; thence Southerly along a spiral curve to the left for a distance of 250 feet to C.S. Sta. 115+17.09 (said spiral curve having an X distance of 249.759 feet along the main tangent and a Y distance of 8.181 feet offset from the main tangent) ; thence to the left on a 4° 30' curve having an interior angle of 26° 25' 57.7" for a distance of 3337.393 feet to S.C. Sta. 111+79.70; thence to the left on a spiral curve for a distance of 250 feet to T.S. Sta. 109+29.70 (said spiral curve also having an X distance of 249.759 feet and a Y distance of 8.181 feet) ; thence South 41° 36' 49.1" West 129.70 feet to Sta. 108+00. Bearings are State Plane Coordinate System Eastern Zone. Widths of new limited access right-of-way measured at right angles from the above described relocated Highway 74 centerline, are as follows: On the North side, all grantor's land within a tract being a width of 135 feet opposite T.S. Sta. 109+29.70; thence North 43° 32' 08" East 263.08 feet to a width of 135 feet opposite S.C. Sta. 111+79.70, having crossed grantor's West property line at a point 131.88 feet opposite a S.C. Sta, 110+44.48; thence Northeasterly in a straight line from 135 feet opposite Sta. 111+79.70 to a width of 120 feet opposite Sta. 113+00; thence Northeasterly in a straight line from 3. 120 feet opposite Sta. 113+00 to a width of 140 feet opposite C.S. Sta. 115+17.09; thence North 66° 07' 22" East, 263.57 feet to equation S.T. Sta. 117+67.09 Bk. = S.T. Sta. 117+53.58 Ah. ; thence a constant and uniform width of 140 feet extending from oppoaite S.T. equation Sta. 117+67.09 Bk. = S.T. Sta. 117+53.58 Ah. , crossing through the East city street right-of-way line of abandoned Louis Street at a point 140 feet opposite Sta. 118+76.69 and continuing said width of 140 feet to opposite Station 120+00. Also, on the South side, all grantor's land lying within a tract starting at a width of 120 feet opposite T.S. Sta 109+29.70; thence North 47° 03' 16" East 237.54 feet to a width of 135 feet S.C. opposite Sta. 111+79.70; thence Northeasterly in a straight line from 135 feet opposite S.C. Sta. 111+79.70, crossing through grantor's South property line at a point 132.43 feet opposite Sta. 112+66.39, to a width of 130 feet opposite Sta. 113+00; thence narrowing in a straight line from 130 feet opposite Sta. 113+00 to a width of 115 feet opposite C.S. Sta. 115+17.09; thence North 75° 46' S0" East 240.62 feet to a width of 155 feet opposite equation S.T. Sta. 117+67.09 Bk. = S.T. Sta. 117+53.58 Ah. ; thence continuing to widen to a width of 170 feet opposite Sta. 118+00; thence Northeasterly in a straight line from 170 feet opposite Sta. 118+00 to a width of 140 feet opposite Sta. 120+00, having crossed grantor's West property line opposite Sta. 118+61.73. Grantor hereby conveys all rights, title and interest, which grantors have in and to that part of an adjacent street known as Louis Street lying within the right- of-way limits described above. Also all abutters rights of direct access between the highway now known as State Route 74 relocated and grantor's abutting land in Outlot 55 of U.S.P. Survey No. 2199, Township 30 North, Range 13 and 14 East, City and County of Cape Girardeau, State of Missouri. This Special Use Permit is granted upon the condition that the Applicants be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicants be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicants to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: l. Additions or modifications from the original building permit must be approved by the City Council. 2 . Special use shall meet all applicable zoning regulations. 3 . This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. 4 . , ' , IN WITNESS WHEREOF, the Interim City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 19 Douglas K. Leslie Interim City Manager ATTEST: Gayle L. Conrad Deputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 19 , before me appeared Douglas K. Leslie, to me personally known, who, being by me duly sworn, did say that he is the Interim 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. Delores G. Needham, Notary Public My Commission Expires: October 8, 1996 5.