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HomeMy WebLinkAboutCityMgrForm.1727.03-17-1982 � . . , � � CITY MANAGER FOR1�i ORDINANCE N0. � ,� �� � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JOE A. BURK, DONNA L. BURK AND O-G-M PROPERTIES, FOR PURPOSES OF OPERATING A NURSING HONIE, ON LOTS 2, 3, AND 4 , CRITES FIRST ADDITION A1JD A PART OF OUTLOT 82 , U. S.P.S. 2199, TOWNSfiIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIR.ARDEAU, MISSOURI WHERE�S, Joe A. Burk and Donna L. Burk are the owners of certain property in the City of Cape Girardeau, Missouri, on which Joe A. Burk, Donna L. Burk and O-G-M Properties, A Texas Partnership, whose general partners are Clif Overcash, Lee Goodman and Jim NlcCarver, 2630 West Freeway, Suite 102, Ft. Worth, Texas, desire to construct, maintain and operate a 120 bed nursing home; and WHEREAS, the proposed location of said nursing home is the 2800 Block of Independence Street, which said property is presently zoned R-4, Multiple Dwelling District and C-2, General Commercial District; and WHEREAS, a Special Use Permit is required for saia nursing home use in a R-4 and C-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. 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 neighbor- hood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. 5ECTION 2. A Special Use Perrnit for purposes of constructing, maintaining and operating a 120 bed nursing home, on the following described property: A tract or land being all of Lots 2, 3, and 4 of Crite' s First Addition ana a part of O.L. 82 in Survey 2199, Township 31 North, Range 13 East in the City and County of Cape Girardeau, Missouri, containing 2. 676768 acres (more or less) , c�escribed as follows : Begin at the SW corner of said Lo� 2 of said Addition; thence N, 0°04 ' W. alonc� the West line of said Lot 2, 220 . 0 feet to the NW corner of said lot; thence N. 89° 56 ' E. along the North line of said Lot 2, 70. 0 feet; thence N. �° 04 ' W. , 220. 0 feet; thence N. 89° 56 ' E, parallel with the North line of Independence Street, 230 . 0 feet; thence S. 0° 04 ' E. with the East line of said Lot 4 and said East line • ' r extended, 440. 0 feet to the SE corner of said Lot 4 and the Narth line of Independence Street; thence S. 89° 56 ' W. along said North line of said Street, 300. 0 feet to the point of beginning. Subject to all easernents existing thereon, either written or implied. (See Book 297, Page 638 and Book 300, Page 89) Also, Subject to a 20. 0 foot easement across the entire North side of the extreme North part of the above described tract, and, Subject to a 10 . 0 foot easement across the West side of the North 220. 0 feet of the above described tract, being more definitely described as follows, to-wit: Commence at the N� corner of said Lot 2 of said Crite ' s Addition; thence N. 89° 56 ' E. along the P�lorth line of said Lot 2 70. 0 feet for the point of beginning; thence N. 0° 04 ' W. , 220 . 0 feet to the North line of the above described tract; thence N. 89° 56 ' E. along Narth line of said tract, 10 . 0 feet; thence S. 0° 04 ' E. 220. 0 feet to the North line of said Lot 2; thence S. 89° 56 ' W. along the North line of said Lot 2, 10. 0 feet to the point of beginning. is hereby granted to Joe A. Burk, Donna L. Burk and O-G-M Properties, A Texas Pertnership, whose general partners are Clif Overcash, Lee Goodman and Jim McCarver, to be effective ten (10) days after the date of passage and approval of this ordinance. The Special Use Permit 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 sNecifically 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 Exhibit "A" and incorporated herein by reference. The Mayor is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Niissouri. SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval. t� �, PASSED AND APPROVED THIS � 7 DAY OF �����- v�`— , 1982 � � l MAYOR ATTEST: ��,. �_. � � . r % , � ��-`.�� --.� ��,��� CITY CLERK SPECIAL USE PER.MIT � � Joe A. Burk, Donna L. Burk and O-G-M Properties, A Texas Partnership, whose general partners are Clif Overcash, Lee Goodman and Jirn McCarver, 2630 West Freeway, Suite 102, Ft. Worth, Texas, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a 120 bed nursing home, in the City of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: A tract of land being all of Lots 2, 3, and 4 of Crite ' s First Addition and a part of O.L. 82 in Survey 2199, Township 31 North, Range 13 East in the City and County of Cape Girardeau, Missouri, containing 2. 676768 acres (more or less) , described as follows: Begin at the SW corner or said Lot 2 of said Addition; thence N. 0°04 ' W. along the West line of said Lot 2, 220. 0 feet to the NW corner of said lot; thence N. 89° 56 ' E. along the North line of said Lot 2, 70 . 0 feet; thence N. 0° 04 ' W. , 220 . 0 feet; thence Pd. 89° 56 ' E. parallel with the North line of Inde�endence Street, 230 . 0 feet; thence S . 0° 04 ' E. with the East line of said Lot 4 and said East line extended, 440. 0 feet to the SE corner of said Lot 4 and the North line of Independence Street; thence S. 89° 56 ' W. along said North line of said Street, 300. 0 feet to the point of beginning. Subject to all easements existing thereon, either written or implied. (See Book 297, Page 638 and Book 300, Page 89) Also, Subject to a 20. 0 foot easen�ent across the entire North side of the extreme North part of the above described tract, and, Subject to a 10. 0 foot easement across the West side of the North 220 . 0 feet of the above described tract, being more definitely described as follows, to-wit: Commence at the NW corner of said Lot 2 of said Crite ' s Addition; thence N. 89° 56 ' E. along the North line of said Lot 2 70. 0 feet for the point of beginning; thence N. 0° 04 ' W. , 220. 0 feet to the North line of the above described tract; thence N. 89° 56 ' E, along North line of said tract, 10. 0 feet; thence S . 0° 04 ' E. 220 . 0 feet to the North line of said Lot 2; thence S . 89° 56 ' U?. along the North line of said Lot 2, 10 . 0 feet to the point of beginning. This Special Use Permit is granted upon the condition that the Applicants be bound by all City Ordinances which pertain to the Special Lse Permit and that the Apnlicants 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 ter�inate with the right of the City of Cape EXHIBIT �A" Girardeau to enter upon the land to abate such special use. SPECIAL CONDITIONS: l. Applicants will give assurances that Whitener Street West to Silver Springs Road will be paved. 2. Additions or modifications from the original building permit must be approved by the City Council. 3 . Special Use sha11 meet all zoning regulations. 4 . This Special Use Perinit _shall be binding upon the heirs, executors, successors and assigns of Joe A. Burk, Donna L. Burk and O-G-M Properties, a Texas Partnership. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri affixes his si nature this i �� day of �� ' g � �- �-�-��., . 1982 . Howard C. Tooke, Mayor ATTEST: Verna L. Landis, City Clerk S^1ATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIR.ARDEAU ) On this day of , 198 , before me appeared Howard C. Tooke, to me personally known, who, being by me duly sworn, did say that he is the I�ayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of P�iissouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrun�ent 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 ti�HEREOF, I have hereunto set my hand and affixed my official seal, at my office in Ca�e Girardeau, 2�Iissouri , the day and year first above written. Delores G. I�'eedham, Notary Public My Co < < ission Expires: October 8, 1984 2.