HomeMy WebLinkAboutRES.08-05-1981.Special Business 2PETITION FOR FORMATION OF
A SPECIAL BUSINESS DISTRICT
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
TO THE GOVERNING BODY OF THE CITY OF CAPE GIRARDEAU, MISSOURI:
We, the undersigned, being all of the owners of record
of the real property described in Exhibit A attached hereto, on
which is paid ad valorem property taxes, said real property being
approximately 70± acres in size and located entirely within the
boundaries of the City of Cape Girardeau, Missouri, do hereby
petition the governing body of the City of Cape Girardeau,
Missouri, to to establish a special business district within the
boundaries of said area described in Exhibit A under the author-
ity of Sections 71.790 to 71.808, inclusive, Revised Statutes of
Missouri, 1978, as amended (the "Special Business District Law")
for the purpose of serving said real property through the exer-
cise of the powers and purposes of the Special Business District
Law.
Petitioners state that they have undertaken the devel-
opment and construction of a commercial project in the area
described in Exhibit A consisting of office buildings, commercial
establishments and related structures
and that in connection with such project, it will be necessary to
construct street and sewer improvements and other improvements
within such areas for reasons of public convenience, safety and
health, and that petitioners desire that such improvements be
financed through the levy of taxes and the issuance of bonds
pursuant to the provisions of the Special Business District Law.
WHEREFORE petitioners respectfully request the govern-
ing body of the City of Cape Girardeau, Missouri, by appropriate
resolution, to (1) determine and declare the intent of the City
to establish a special business district within the boundaries of
the area described in Exhibit A pursuant to the Special Business
District Law, (2) establish the boundaries of said special
business district as the area described in Exhibit A, (3) set
forth the proposed uses to which the additional revenue shall be
put and the initial tax rate to be levied, (4) direct that a
survey and investigation be conducted with respect to the estab-
lishment of said special business district, (5) set the time and
place of a public hearing by the governing body of the City to
consider the establishment of the proposed special business
district, (6) direct the notice of said public hearing be given
by publication and mailing, and (7) take any further action
necessary for the formation of said special business district
under the Special Business District Law.
EXHIBIT A
LEGAL DESCRIPTION OF PROPOSED
SPECIAL BUSINESS DISTRICT
All of the following described real property situated
in the County of Cape Girardeau, State of Missouri:
[Legal Description]
SEE ATTACHMENT
EXHIBIT A
A tract of land being part of Outlots 84 and 85, Lot 2 of the
Rodney 400 Arpen Tract, and part of Eberts Subdivision, USPS
2199, Township 30 North, Range 13 East of the Fifth Principal
Meridian, in the City and County of Cape Girardeau, State of
Missouri, and being more particularly described as follows:
Start at the northwest corner of Outlot 85; thence S. 820 26' E.,
with the north line of said Outlot 85, 35.0 feet to the east line
of Mt. Auburn Road, the point of beginning; thence with the east
line of Mt. Auburn Road the following courses and distances; S.
60 00' W, 143.3 feet to a point on a curve having a radius of
538.5 feet; thence with said curve to the left 229.8 feet; thence
S. 180 26' 21" E., 99.35 feet; thence leaving the east line of
Mt. Auburn Road, N. 881 29' E., 240.34 feet to a point on the
west line of West Park Mall; thence with said west line S. 38°
43' 07" E., 27.89 feet to a point on a curve having a radius of
360.00 feet and a chord bearing of S. 49° 21' 34" E.; thence
along said curve to the left, 133.71 feet; thence S. 60° 00' 00"
E, 172.15 feet to a point on a curve having a radius of 190.00
feet and a chord bearing S. 39° 13' 30" E.; thence along said
curve to the right, 137.79 feet; thence S. 180 27' 00" E., 258.77
feet; thence S. 71° 33' 00" W., 470.00 feet to the east line of
Mt. Auburn Road; thence along the east line of Mt. Auburn Road S.
18° 27' E., 1640.9 feet to the north line of Bloomfield Road;
thence with said north line of Bloomfield Road the following
courses and distances; N. 69° 08' E., 9.5 feet; thence N. 67° 54'
E., 137.2 feet to a point on a 31 25' curve to the left; thence
with said 30 25' curve to the left, 196.2 feet; thence N. 741 37'
E., 57.61 feet; thence leaving the north line of Bloomfield Road,
N. 18° 27' W., parallel to and 400 feet east of Mt. Auburn Road,
636.29 feet to the south line of Blattner Drive; thence with said
south line N. 711 33' E., 876.02 feet to a point on a curve
having a radius of 370.00 feet; thence with said curve to the
right 137.31 feet; thence S. 87° 11' 12" E., 283.73 feet to the
west line of Lot 1 of Eberts Subdivision; thence S. 08° 06' W.
along said west line of Eberts Subdivision (also being the east
line of Outlot 85) to the north right of way line of Bloomfield
Road, said point being the southwest corner of Lot 1 of Eberts
Subdivision; thence with the south line of said Lot 1, 303.6 feet
to the southeast corner of said Lot 1; thence with the south line
of Lot 2, 196 feet to the southeast corner of Lot 2 of Eberts
Subdivision; thence with the east line of said Lot 2, 984.72 feet
to the northeast corner of said Lot 2; thence S. 82° 25' E., with
the south line of Lot 2 of Rodney 400 Arpen Tract (and the north
line of Eberts Subdivision), 755.2 feet more or less; thence N.
0° 04' W., 722.33 feet; thence N. 890 12' W., 263.71 feet;
thence N. 30 30' W., 873.7 feet; thence S. 621 02' W., 62.15
feet; thence N. 81° 21' W., 150.0 feet; thence N. 81 39' E.,
162.2 feet to the south right of way line of Missouri State Route
"K" at Station 304 + 78.9 and 90 feet right of said Route "K"
centerline; thence continue westerly along the south line of said
-2 -
Route "K" with the following courses and distances; S. 76° 33'
10" W., 26.52 feet to a point on a curve having a radius of
1994.86 feet; thence with said curve to the right, 276.79 feet;
thence S. 830 22' 21" W., 94.84 feet to a point on a curve having
a radius of 1979.86 feet; thence with said curve to the right,
1131.84 feet; thence N. 700 21' 53" W., 151.77 feet; thence N.
69° 21' 20" W., 764.60 feet; thence S. 67° 22' 46" W. 128.61 feet
to the east right of way line of Mt. Auburn Road; thence S 61 00'
W., 870.95 feet to the point of beginning.
Also include the right of way of Missouri State Route K from the
intersection of the centerline of Mt. Auburn Road at Station
279+23 eastward to Station 304+78.9 as marked by an old iron pin
set 90 feet right of centerline.
Also include the 70 foot wide right of way of Mt. Auburn Road
from the south line of Missouri State Route K southerly to the
north line of Bloomfield Road.
Except that area of the West Park Mall, described as follows:
A tract of land being part of Outlots 84 and 85, U.S.P. Survey
No. 2199, Township 30 North, Range 13 East of the Fifth Principal
Meridian, in the City and County of Cape Girardeau, Missouri, and
being more particularly described as follows:
Beginning at an old iron rod at the intersection of the East line
of Outlot 84 and the South line of Missouri State Route K; thence
S. 80 45' 53" West, 1,007.88 feet to an old T Fence post; thence
South 81 12' 29" West, along the East line of Outlot 85, 885.58
feet to a point; thence North 810 47' 31" West, 586.68 feet to
the true point of beginning; thence North 100 30' 00" East,
182.33 feet to a point on a curve having a radius of 190.00 feet;
thence along said curve to the right a distance of 164.15 feet to
a point; thence North 60° 00' 00" East, 601.78 feet to a point;
thence North 40 04' 45" East, 291.66 feet to a point on a curve
having a radius of 415.00 feet; thence along said curve to the
left a distance of 428.30 feet to a point; thence North 55° 03'
11" West, 100.0 feet to a point on a curve having a radius of
435.0 feet; thence along said curve to the right a distance of
118.91 feet to a point; thence South 50° 36' 34" West, 63.26 feet
to a point on a curve having a radius of 310.0 feet and a chord
bearing North 781 12' 43" West; thence along said curve to the
left a distance of 211.42 feet to a point; thence South 82° 15'
00" West, 280.60 feet to a point on a curve having a radius of
290.0 feet; thence along said curve to the right a distance of
94.88 feet to a point; thence North 79° 00' 19" West, 77.17 feet
to a point; thence North 34° 00' 19" West, 28.28 feet to a point;
thence North 100 59' 41" East, 170.51 feet to a point; thence
North 610 41' 42" East, 99.47 feet to a point on the south right-
of-way line of Missouri State Route K, said point being a point
on curve having a radius of 1,979.86 feet and a chord bearing
North 790 00' 19" West; thence along said curve, being the south
right-of-way line of Missouri State Route K, to the right a
-3 -
distance of 228.07 feet to a point; thence South 39° 42' 21"
East, 99.47 feet to a point; thence South 101 59' 41" West,
170.51 feet to a point; thence South 55° 59' 41" West, 28.28 feet
to a point; thence North 790 00' 19" West, 447.50 feet to a point
on a curve having a radius of 310.0 feet; thence along said curve
to the left a distance of 116.59 feet to a point; thence North
59° 38' 18" West, 26.20 feet to a point on a curve having a
radius of 213.0 feet and a chord bearing North 0" 59' 45" East;
thence along said curve to the right a distance of 146.38 feet to
a point; thence North 201 38' 40" East, 141.16 feet to a point;
thence North 73° 20' 26" East, 101.99 feet to a point on the
south right -o£ -way line of Missouri State Route "K"; thence along
said south line of Missouri State Route K, North 690 21' 20"
West, 236.25 feet to a point; thence South 32° 03' 06" East,
101.99 feet to a point; thence South 200 38' 40" West, 141.16
feet to a point on a curve having a radius of 287.0 feet; thence
along said curve to the left a distance of 200.52 feet to a
point; thence South 200 05' 08" West, 25.43 feet; thence South
590 33' 13" West, 31.10 feet to a point on a curve having a
radius of 310.0 feet and a chord bearing South 44° 46' 36" West;
thence along said curve to the left a distance of 159.90 feet to
a point; thence South 30° 00' 00" West, 226.63 feet; thence South
710 52' 03" West, 26.70 feet to a point on a curve having a
radius of 237.0 feet and a chord bearing North 75° 07' 57" West,
thence along said curve to the left a distance of 73.36 feet;
thence North 83° 00' 00" West, 163.69 feet to a point on the east
right -o£ -way line of Mt. Auburn Road, 70 feet wide; thence along
said east right-of-way line of Mt. Auburn Road, South 60 00' 00"
West, 74.0 feet to a point; thence South 84° 00' 00" East, 163.69
feet to a point on a curve having a radius of 163.0 feet; thence
along said curve to the right a distance of 39.02 feet to a
point; thence South 230 40' 59" East, 29.06 feet to a point on a
curve having a radius of 310.0 feet and a chord bearing South 70
54' 04" East, thence along said curve to the left a distance of
333.48 feet to a point; thence South 38° 43' 07" East, a distance
of 77.11 feet to a point on a curve having a radius of 360.0 feet
and a chord bearing South 490 21' 34" East; thence along said
curve to the left'a distance of 133.71 feet to a point; thence
South 601 00' 00" East, 172.15 feet to a point on a curve having
a radius of 190.0 feet; thence along said curve to the right a
distance of 137.79 feet to a point; thence South 18° 27' 00"
East, 258.77 feet to a point; thence South 71° 33' 00" West, 30.0
feet to a point; thence South 18° 27' 00" East, 226.81 feet to a
point; thence South 40° 13' 17" West, 279.90 feet to a point on a
curve having a radius of 213.0 feet; thence along said curve to
the right a distance of 116.47 feet to a point; thence South 71°
33' 00" West, 90.16 feet to a point on the east right-of-way line
of Mt. Auburn Road, 70 feet wide; thence along said east right-
of-way line of Mt. Auburn Road South 181 27' 00" East, 74.0 feet
to a point; thence North 710 33' 00" East, 90.16 feet to a point
on a curve having a radius of 287.00 feet; thence along said
curve to the left a distance of 156.93 feet to a point; thence
North 400 13' 17" East, 315.52 feet to a point; thence North 780
02' 49" East, 24.53 feet to a point on a curve having a radius of
-4-
210.0 feet; thence along said curve to the left a distance of
94.83 feet to a point; thence South 900 00' 00" East, 47.0 feet
to a point; thence South 0° 00' 00" West, 290.0 feet to a point;
thence South 900 00' 00" East, 393.52 feet to a point; thence
North 710 32' 39" East, 323.10 feet to a point; thence North 00
00' 00" East, 334.01 feet back to the point of beginning and
containing 66.32 acres, more or less.
Drury T
1. Name: Chdrl
Signaturrre: y
2. Name: DCharl_es
Signature:i
3. Name:
Signature:
4. Name:
Signature:
5. Name:
Signature:
t
stee , Address: P.O. Box 910
Address
Address:
Address:
Address:
Cape Girardeau, MO 63701
P.O. Box 9.0
Cape Girardeau, MO 63701
Subscribed and sworn to before me, Carolyn F. Bohnert ,
a Notary Public in and for said State and County, this 29th day
of July, 1981.
Notary Public - State of Missouri
Commissioned in Cape Girardeau County
My Commission Expires: September 21, 1981
-2-
CERTIFICATE
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
I, the undersigned, City Clerk of the City of Cape
Giraradeau, Missouri, hereby certify that the above and foreoing
is a full, true and correct copy of the Petition for Formation of
a Special Business District in the City of Cape Girardeau,
Missouri, filed in my office on August, 1981, and presented to
the City Council at its regular meeting on August 1981. I
further certify that I have examined the real estate records of
Cape Girardeau, Missouri, with respect to the real estate
described in Exhibit A of said Petition and all of the peti-
tioners signing said Petition, and based upon such examination,
and according to my best knowledge, information and belief, each
of said persons signing said Petition is an owner of the record
of real property within the area described in Exhibit A to said
Petition and said Petition has been signed by all of the owners
of record of real property situated within the boundaries of the
proposed special business district as described in Exhibit A of
said Petition.
WITNESS my hand and official seal this day of
August, 1981.
(Seal) City Clerk of the City of Cape
Girardeau, Missouri