HomeMy WebLinkAboutCityMgrForm.761.03-21-1973 � �
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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:
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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:
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CITY CLERK
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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.
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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:
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C�TY CL RK
STATE OF MIS50URI )
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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 .
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