HomeMy WebLinkAboutOrd.789.11-20-1989 y
BILL N0. 89-191 ORDINANCE N0. `7�g
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
UNION ELECTRIC COMPANY, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A PUBLIC
UTILITY WATER TANK AT 3004 GORDONVILLE ROAD, IN
THE CITY AND COUNTY OF �CAPE� GIRARDEAII, MISSOURI
WHEREAS, Union Electric Company is the owner of certain
property in the City of Cap� Girardeau, on which it desires to
construct, maintain and operate a public utility water tank; and
WHEREAS, the proposed location of said water tank is 3004
Gordonville Road, which property is presently zoned C-1, Local
Commercial; and
WHEREAS, a Special Use Permit is required for said water tank
use in a C-1 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, rire
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, on the
following described property:
All that part of Out Lot Eighty-Four ( 84) , U. S.P. Survey
Twenty-One Hundred Ninety-Nine ( 2199 ) , described as
follows, to-wit : Commence at the Northeast corner of
said Out Lot 84 , which corner is marked by a stone;
thence South 8° 15 ' West, with the East line of said Out
Lot 84 , 762 feet to the Northeast corner of the Spalding
land; thence North 85° 08 ' West, with the North line of
said Spalding land, 153 feet for a beginning corner of
the land hereby conveyed; thence continue North 85° 08 '
West, with the North line of said Spalding land, 129 . 8
feet to a corner from which a 36-inch White Oak bears
South 84° 45' East, 26 . 6 feet and a 10-inch Elm bears
North 68° 07 ' East, 8 . 9 feet; thence South 4° 52 ' West,
106 . 8 feet to a corner from which the West prong of a
double 24-inch White Oak bears South 60° 23 ' East, 14 . 7
feet ; thence South 53° 11 ' East, 134 . 5 feet to a corner
on the Northwest right-of-way line of Route SK, from
, ' .
which corner a 6-inch Elm bears South 63° 41 ' East, 4 . 0
feet and a chisel cut in the concrete at the Northwest
edge of the slab on said Route SK bears South 53° 11 '
East, 50 . 2 feet; thence in a Northeasterly direction with
said Northwest right-of-way line and on a 9° 03 ' curve to
the right, 126 . 5 feet to a corner from which a 24-inch
Black Oak bears South 23° 06 ' East, 2. 7 feet and a chisel
cut in the concrete at the NorthWest edge of the slab on
Route SK bears South 34° 26 ' East, 50. 2 feet ; thence
North 34° 26 ' West, 108 . 7 feet to the beginning corner ,
and containing . 56 acres, also a part of Lot No. 1 of
Professional Heights Subdivision in the City and County
of Cape Girardeau, Missouri , as shown by Amended Plat
recorded in Plat Book 14 at Page 75, of the land records
of Cape Girardeau County, Missouri, described as
follows: Beginning at the Northeast corner of Lot 1 of
said Subdivision, also being the Northwest corner of
property owned by Union Electric Company; thence South 4°
52' West (South 4° 55 ' 43" West by survey) , 106 .83 feet
to the most Northerly corner of Lot 2 of said
Subdivision, also being the most Westerly corner of Union
Electric Company property; thence South 36° 49 ' West
(South 36° 53' 22" West by survey ) , 52. 14 feet to a
point; thence North 14° 13 ' 22" West, 159 .73 feet to a
point on the North line of said Lot 1 which point bears
North 85° 08 ' West (North 85° 11 ' 46" West by survey) ,
80. 00 feet from the aforesaid Northeast corner of Lot 1 ;
thence South 85° 08 ' East (South 85° 11 ' 46" East by
survey) , 80. 00 feet to the Northeast corner of Lot 1
being the point of beginning, containing 7514 square feet .
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 .
� t
PASSED AND APPROVED THIS � DAY OF �QVP,y��_r 1989 .
Francis E. R oaes, Mayor
�
ATTEST: � '�
Ki berly . Pruett
Deputy ' ty Clerk
j=ECiAL USE PERMIT
Lnion Elec�ric Company, P. 0. Bcx 149 , St . Louis, MO 63166, is
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating a public utility water tank, on the
following described property for an indefinite period of time:
,
All that part of Out Lot Ei�ghty�Four ( 84) , U. S. P. Survey
Twenty-One Hundred Ninety-Nine ( 2199) , described as
follows, to-wit: Commence at the Northeast corner of
said Out Lot 84 , which corner is marked by a stone;
thence South 8° 15 ' West, with the East line of said Out
Lot 84, 762 feet to the Northeast corner of the Spalding
land ; thence North 85° 08 ' West, with the North line of
said Spalding land, 153 feet for a beginning corner of
the land hereby conveyed; thence continue North 85° 08 '
West, with the North line of said Spalding land, 129 . 8
feet to a corner from which a 36-inch White Oak bears
South 84° 45' East, 26 . 6 feet and a 10-inch Elm bears
North 68° 07 ' East , 8 . 9 feet ; thence South 4° 52' West,
106 . 8 feet to a corner from which the West prong of a
double 24-inch White Oak bears South 60° 23' East, 14 .7
feet; thence South 53° 11 ' East, 134. 5 feet to a corner
on the Northwest right-of-way line of Route SK, from
which corner a 6-inch Elm bears South 63° 41 ' East, 4 . 0
feet and a chisel cut in the concrete at the Northwest
edge of the slab on said Route SK bears South 53° 11 '
East, 50. 2 feet ; thence in a Northeasterly direction with
said Northwest right-of-way line and on a 9° 03 ' curve to
the right, 126 . 5 feet to a corner from which a 24-inch
Black Oak bears South 23° 06 ' East, 2. 7 feet and a chisel
cut in the concrete at the Northwest edge of the slab on
Route SK bears South 34° 26 ' East, 50 . 2 feet ; thence
North 34° 26 ' West, 108 . 7 feet to the beginning corner ,
and containing . 56 acres , also a part of Lot No. 1 of
Professional Heights Subdivision in the City and County
of Cape Girardeau, Missouri , � as shown by Amended Plat
recorded in Plat Book 14 at Page 75, of the land records
of Cape Girardeau County, Missouri , described as
follows: Beginning at the Northeast corner of Lot 1 of
said Subdivision, also being the Northwest corner of
property owned by Union Electric Company; thence South 4°
52 ' West (South 4° 55 ' 43" West by survey) , 106 . 83 feet
to the most Northerly corner of Lot 2 of said
Subdivision, also being the most Westerly corner of Union
Electric Company property ; thence South 36° 49 ' West
( South 36° 53 ' 22" West by survey) , 52 . 14 feet to a
point ; thence North 14° 13 ' 22" West, 159 , 73 feet to a
point on the North line of said Lot 1 which point bears
North 85° 08 ' West ( North 85° 11 ' 46" West by survey ) ,
80 . 00 feet from the aforesaid Northeast corner of Lot 1 ;
thence South 85° 08 ' East ( South 85° 11 ' 46" East by
survey) , 80 . 00 feet to the Northeast corner of Lot 1
being the point of beginning, containing 7514 square feet.
This Special Use Permit is granted upon the cond?tion triat the
Applicant be bound by all City Ordinances which perta�n to the
Special Use Permit and that the Applicant be bound by �he
following conditions which are imposed as a condi�ion of issuance
of this Special IIse Permit. Upon the iailure of the Applicant to
comply with these special conditions , the Special IIse Permit will
automatically terminate with the ri,ght of the City of Cape
Girardeau 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 zoning regulations .
3. Landscaping of the area to be as shown on plans submitted
to the City by the Applicant.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri , affixes his signature this day
of , 19 89 .
J. Rona Fisc er , 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. Rona�cT 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 .
Delor.es G. Needham, Notary Pub ic
My Commission Expires: , �
October 8 , 1992