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HomeMy WebLinkAboutCityMgrForm.761.03-21-1973 � � H`' _ � • a . � » � CITY MANAGER FORM ORDINANCE NO. °7(0 / AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE GIR.ARDEAU, A MUNICIPAL CORPORATION, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERA.TING A MUNICIPAL FIRE STATION, TO BE LOCATED ON PAR,T OF FRACTIONAL SECTION 25, TOWN5HIP 31 NORTH, RANGE 13 EAST, AND PART OF OUTLOT N0. 78A, U.5. PRIVATE 5URVEY N0. 2199 , TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City of Cape Girardeau, Missouri, a Municipal Corporation, is the owner of certain property in the City of Cape Girardeau, Missouri, on which it desires to construct, maintain and operate a municipal fire station; and WHEREA5, the proposed location of the said municipal fire station is on the Southwest corner of the intersection of Kurre Lane and Kingsway Drive in the City of Cape Girardeau, Missouri, which said property is presently zoned C-l; and WHEREAS, the Zoning Code of the City of Cape Girardeau requires a Special Use Permit be granted for a fire statiori use in a co.mmercial zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOW5: SECTION l. The City Council, having duly considered the application finds that the granting of the 5pecial 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 the purpose of constructing, maintaining and operating a municipal fire station in Cape Girardeau, Missouri, on the following described property: Part of Fractional Section 25, Township 31 North, Range 13 East, and part of Outlot No. 78A, U.S. Private 5urvey No. 2199, Township 31 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows: ��� . . � y , « � - Start at the intersection of the west line of said Outlot No. 78A and the north line of U.S. Highway No. 61; thence North 5° 0 ' East, with said west line, 271.3 feet; thenCe South 73° 0 ' East, 434. 0 feet to a stone; thence north, on the line dividing Fractional Sections 25 and 26, and said line extended, 123. 4 feet to the point of beginning; thence 5outh 80° 51 ' East, 172.9 feet to the west line of Kurre Lane; thence North 30° 49 ' East, with said west line, 48. 4 feet to the point of curve of a 21° 48 ' curve to the left; thence northerly with said west line and said 21.° 48 ' curve to the left, 36 . 47 feet to the point of tangent of said curve; thence North 22° 52 ' East, with said west line, 0 . 25 feet; thence North 80° 51 ' West, 214. 7 feet to the line dividing Fractional Sections 25 and 26 ; thence South, with said dividing line, 81.03 feet to the point of beginning. is hereby granted to the City of Cape Girardeau, Missouri, a Municipal Corporation, 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, 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 Sp�cial 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. PASSED AND APPROVED THI S �/ � DAY OF v���'t-z�-> , 19 73 . b����e� � / MAYOR ATTE5T: ,� r , . . _�% � /. t .�o.J. . . �"�-'�'�P� .��(.�.�(�` CITY CLERK � ''. � � - - . , • • SPECIAL USE PERMIT The City of Cape Girardeau, Missouri , a Municipal Corporation, is hereby qranted a 5pecial Use Permit for the purpose of constructing, maintaining and operating a municipal fire station in the City of Cape Girardeau, Missouri, on the following described property for an indefinite period: Part of Fractional Section 25 , Township 31 North, Range 13 East, and part of Outlot No. 78A, iJ.5 . Private Survey No. 2199, Township 31 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows: 5tart at the intersection of the west line of said Qutlot No. 78A and the north line of U.S . Highway No. 61; thence North 5° 0 ' East, with said west line, 271. 3 feet; thence South 73° 0 ' East, 434 .0 feet to a stone; thence north, on the line dividing Fractional 5ections 25 and 26, and said line extended, 123 . 4 feet to the point of beginning; thence South 80° 51' East, 172 .9 feet to the west line of ICurre Lane; thence North 30° 49 ' East, with said west line, 48. 4 feet to the point of curve of a 21° 48 ' curve to the left; thence northerly with said west line and said 21° 48' curve to the left, 36 .47 feet to the paint of tangent of said curve; thence North 22° 52' East, with said west line, 0 . 25 feet; thence North 80° 51' West, 214. 7 feet to the line dividing Fractional 5ections 25 and 26; thence South, with said dividing line, 81. 03 feet to the point of beginning. 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 5pecial 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: l. Use is restricted to a municipal fire station. 2. Special Use Permit not transferrable without consent of the City Council. 3. Additions or modifications from original building permit must be approved by the City CounCil. 4 . . �ctii�ir �g„ _ , ,� � � > . w � � � . • � . This 5pecial Use Permit shal.l be binding upon the successors and assigns of the City of Cape Girardeau, Missouri, a Municipal Corporation. IN [�TITNESS ti�Tf-iEREOF, the Mayor of the City of Cape Girardeau affixes his signature this � day of _ , 1973 . ,/e��-�, � ���, MAYOR ATTEST: �/ �� .(%�-Lt.� C�TY CL RK STATE OF MIS50URI ) ) ss . COUNTX OF CAPE GIRARD�AU ) On this day of , 1973, before me personally appeared HOWARD C. TOOKE, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, a municipal corporation of the State of Missouri, and that the seal affixed to the goregoing instrument is the seal of the said City and that the said instrument �aas 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 Cit1�. IN TE5TIMONY WHEREOF, I have hereunto set n1y hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Delores G. Snider, Notary Public My Commission Expires: October 8, 1976 . 2.