HomeMy WebLinkAboutOrd.404.11-17-1986 � BILL NO. 86-170 ORDINANCE N0.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO WEST END PARK, INC. , FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
MULTI-FAMILY APARTMENT PROJECT AT 45 SOUTH
WEST END BOULEVARD, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, West End Park , Inc. is the owner of certain
property in the City of Cape Girardeau, on which it desires to
construct , maintain and operate a multi-family apartment
project; and
WHEREAS , the proposed location of said apartment project is
45 South West End Boulevard, which property is presently zoned
C-1 , Local Commercial District; and
WHEREAS, a Special Use Permit is required for said use in a
C-1 zone ;
P10W, 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 multi-family
apartment project , on the following described property:
All of Lots One ( 1 ) , Two ( 2 ) and Three ( 3 ) in Block Six ( 6 )
of jlest End Place Second Addition in the City of Cape
Girardeau, Missouri . ALSO, That part of vacated West End
Boulevard which joins said Lots 1 and 2 on the East as. the
same is shown on Commission Form Ordinance No . 797 passed
anc� approved the 23rd day of June , 1937 , and described in
Quit Claim Deed from the City of Cape Girardeau, Missouri ,
to Sunny Hill Farms Dairy Company dated September 13 , 1963 ,
recorded in Book 225 at Page 259 in the Office of the
Recorder of Cape Girardeau County, Missouri . ALSO, All
that tract of land formerly lying in an alley running North
ancl South , located between Louisiana Avenue and South West
End Boulevard, and running from Merriwether Street North to
�. the Missouri Pacific Railroad right-of-way, as vacated by
Commission Form Ordinance No . 2337 passed and approved the
16th day of September , 1963 , and described in said Quit
Claim Deed recorded in Book 225 at Page 259 in the Office �-
of the Recorder of Cape Girardeau County, Missouri ,
Starting at the Southwest Corner of said Lot No. 3 , the
place of beginning; thence North 7° 35 ' 08" East, with the
East line of Louisiana Street, 77 . 55 feet , to a point on
the South line of the Missouri Pacific Railroad; thence
with said South line , North 77° 25 ' 24" East, 397 . 44 feet,
to the West line of West End Boulevard; thence with said
West line , South 7° 00 ' West, 214 . 83 feet, to the North
line of Merriwether Street; thence with said North line,
North 82° 22 ' 18" West, 375 . 28 feet , to the place of
beginning. Subject to an easement for sewer purposes
retained by the City of Cape Girardeau , Missouri , under ,
through and across the said vacated alley, and the vacated
portion of West End Boulevard.
is hereby granted to West End Park , Inc. , 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 .
SECTZON 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS � ,t, DAY OF �����-Qi�� ►
198b .
Francis E. Rhodes , Mayor
ATTEST:
� �
lvin M. Stoverink , City Clerk
�
� SPECIAL USE PERMIT
P]est End Park , Inc. is hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating a
multi-family apartment project, on the following described
property for an indefinite period of time:
All of Lots One ( 1 ) , Two ( 2) and Three ( 3 ) in Block Six ( 6 )
of West End Place Second Addition in the City of Cape
Girardeau , Missouri . ALSO, That part of vacated West End
Boulevard which joins said Lots 1 and 2 on the East as the
same is shown on Commission Form Ordinance No . 797 passed
and , approved the 23rd day of June, 1937 , and described in
Quit Claim Deed from the City of Cape Girardeau , Missouri ,
to Sunny Hill Farms Dairy Company dated September 13 , 1963 ,
recorded in Book 225 at Page 259 in the Office of the
Recorder of Cape Girardeau County, Missouri . ALSO, All
that tract of land formerly lying in an alley running North
and South, located between Louisiana Avenue and South West
End Boulevard, and running from Merriwether Street North to
the Missouri Pacific Railroad right-of-way, as vacated by
Commission Form Ordinance No . 2337 passed and approved the
16th day of September , 1963 , and described in said Quit
Claim Deed recorded in Book 225 at Page 259 in the Office
of the Recorder of Cape Girardeau County, Missouri .
� Starting at the Southwest Corner of said Lot No . 3 , the
place of beginning ; thence North 7° 35 ' 08" East, with tht
East line of Louisiana Street , 77 . 55 feet , to a point on
the South line of the Missouri Pacific Railroad; thence
with said South line , North 77° 25 ' 24" East, 397 . 44 feet ,
to the West line of West End Boulevard; thence with said
West line , South 7° 00 ' West, 214 . 83 feet, to the North
line of Merriwether Street ; thence with said North line ,
North 82° 22 ' 18" West, 375 . 28 feet, to the place of
beginning. Subject to an easement for sewer purposes
retained by the City of Cape Girardeau , Missouri , under ,
through and across the said vacated alley, and the vacated
portion of West End Boulevard .
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 , 1986 .
Gary A. Eide , City Manager
ATTEST:
Alvin M. Stoverink , City Clerk
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared Gary A. Eide , 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 .
Delores G. Need am, Notary Pu lic
My Commission Expires:
October 8 , 1988
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