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HomeMy WebLinkAboutRES.08-05-1981.Special Business District ' � . A RESOLUTION DETERMINING THE INTENTION OF THE GOVERNING BODY OF THE CITY OF CAPE GIRARDEAU, MI5SOURI, TO ESTABLISH A SPECIAL BUSINESS DISTRICT WITHIN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND DETERMINING AND APPROVING CERTAIN MATTERS RELATED THERETO WHEREAS, the governing body of the City of Cape Girardeau, Missouri (the "City") , is authorized pursuant to Sections 71. 790 to 71. 808, inclusive, Revised Statutes of Missouri, 1978, as amended, to establish business districts in the manner provided therein, and upon establishment each such district shall be a body corporate and politic and a political subdivision of the state; and WHEREAS, pursuant to the Special Business District Law, the owners of record of certain real property located in the City have filed a Petition with the governing body of the City (a copy of said Petition being attached hereto and made a part hereof) , requesting the governing body of the City to establish a special business district within the area described in Exhibit A to said Petition, which area is located entirely within the boundaries of the City and is the area generally bounded by Route K, Mt. Auburn Road, South of Blattner Drive and West of Silver Springs Road; and WHEREAS, petitioners state that they have undertaken the development 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 area 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; and WHEREAS, upon examination and discussion of said Petition, the governing body of the City finds it necessary, desirable and advisable and in the best interests of the City and its inhabitants to adopt this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. Findings and Determinations. The City Council here�y finds and determines that: (a) The Petition for Formation of a Special Business District in the City of Cape Girardeau, Missouri, filed with the City Council on August 3, 1981, is signed by all of the owners of record of real property in the proposed district as described in Exhibit A to said Petition, and said Petition has been duly and properly executed and filed with this City Council in accordance with the Special Business District Law. (b) The formation of a Special Business District is desired by all of the owners of record of real property in said proposed district. (c) The formation of said district and the construciton of street and sewer improvements and other improvements therein are necessary for the public health, safety, welfare and benefit of the owners of real property in said proposed district and of the City and its inhabitants. SECTION 2. Determination of Intent to Establish Special Business District. The City Council hereby determines and declares its intent to establish a special business district, consisting of certain real property as described in Exhibit A to said Petition, said real property being approximately seventy (70) acres in size and located entirely in the City of Cape Girardeau, Missouri, pursuant to the provisions of the Special Business District Law, to serve said real property through the exercise of the powers and purposes of the Special Business District Law, and to be known as "Special Business District No. 1 of Cape Girardeau, Missouri" . SECTION 3. Boundaries of Proposed Special Business District. The boundaries of the proposed special business district are hereby established and shall be as described in Exhibit A to said Petition, said boundaires being as follows: All of the following described real estate situated in Cape Girardeau County, Missouri: 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. 82° 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. 6° 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. 18° 26 ' 21" E. , 99. 35 feet; thence leaving the east line of Mt. Auburn Road, N. 88° 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. 18° 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 3° 25' curve to the left; thence with said 3° 25 ' curve to the left, 196 . 2 feet; thence N. 74° 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. 71° 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. 2. ��ai�+�n� �� u�.r.e ��i� 0° 04 ' W. , 722. 33 feet; thence N. 89° 12 ' W. , 263. 71 feet; thence N. 3° 30 ' W. , 873.7 feet; thence S. 62° 02 ' W. , 62. 15 feet; thence N. 81° 21' W. , 150. 0 feet; thence N. 8° 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 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. 83° 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. 70° 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 6° 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 beinq 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. 8° 45' 53" West, 1, 007.88 feet to an old T Fence post; thence South 8° 12 ' 29" West, along the East line of Outlot 85, 885. 58 feet to a point; thence North 81° 47 ' 31" West, 586 .68 feet to the true point of beginning; thence North 10° 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 4° D4' 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 78° 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 10° 59 ' 41" East, 170. 51 feet to a point; thence North 61° 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 79° 00 ' 19" West; thence along said curve, being the south right-of-way line of Missouri State Route K, to the right a distance of 228. 07 feet to a point; thence South 39° 42 ' 21" East, 99. 47 feet to a point; thence South 10° 59 ' 41" West, , 170.51 feet to a point; thence South 55° 59 ' 41" West, 28. 28 feet to a point; thence North 79° 00 ' 19" West, 447. 50 feet to a point 3. , - 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 20° 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-of-way line of Missouri State Route "K"; thence along said south line of Missouri State Route K, North 69° 21 ' 20" West, 236. 25 feet to a point; thence South 32° 03 ' 06" East, 101. 99 feet to a point; thence South 20° 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 20° 05' 08" West, 25. 43 feet; thence South 59° 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 71° 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 ' S7" 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-of-way line of Mt. Auburn Road, 70 feet wide; thence along said east right-of-way line of Mt. Auburn Road, South 6° 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 23° 40 ' 59" East, 29. 06 feet to a point on a curve having a radius of 310. 0 feet and a chord bearing South 7° 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 49° 21' 34" East; thence along said curve to the left a distance of 133. 71 feet to a point; thence South 60° 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 18° 27' 00" East, 74 . 0 feet to a point; thence North 71° 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 40° 13' 17" East, 315. 52 feet to a point; thence North 78° 02 ' 49" East, 24. 53 feet to a point on a curve having a radius of 210. 0 feet; thence along said curve to the left a distance of 94. 83 feet to a point; thence South 90° 00 ' 00" East, 47. 0 feet to a point; thence South 0° 00 ' 00" West, 290. 0 feet to a point; thence South 90° 00' 00" East, 393. 52 f�et to a point; thence North 71° 32 ' 39" East, 323. 10 feet to a point; thence North 0° 00 ' 00" East, 334. 01 feet back to the point of beginning and containing 66. 32 acres, more or less. SECTION 4. Survey and Investigation. The appropriate officers, employees and agents of the City are hereby authorized and directed to conduct a survey and investigation with respect to the proposed special business district in accordance with Section 71. 792 of the Special Business District Law for the purposes of determining the nature of and suitable location for 4 . business district improvements, the approximate cost of acquiring and improving the land therefore, the area to be included in the business district or districts, the need for the cost of special services, and cooperative promotion activities, and the percentage of the cost of the acquisition, special services, and improvements in the business district which are to be assessed against the property within the business district and that part of the cost, if any, to be paid by public funds. The costs of the survey and investigation shall be included as a part of the cost of establishing the business district. A written report of this survey and investigation shall be filed in the office of the City Clerk of the City and shall be available for public inspection. SECTION 5. Proposed Uses of Additional Revenues; Initial Tax Levy. The additional revenue derived from taxes levied pursuant to the Special Business District Law will be applied solely to pay the costs and expenses incurred in the operation of the district, the provisions of services, or improvements authorized in Section 71. 796, and incidental to the leasing, construction, acquisition, and maintenance of any improvements provided for under Sections 71. 790 to 71. 808 , or for paying principal and interest on notes or bonds authorized for the construction or acquisition of any said improvement. For such purposes, the district may impose a tax upon the owners of real property within the district which shall not exceed eighty-five Cents ($. 85) on the one hundred dollar ($100. 00) assessed valuation. For the purpose of paying for all costs and expenses incurred in the operation of the district and the provisions of services or improvements authorized in Section 71. 796, the district may impose an additional tax on business and individuals doing business within the district. If the governing body imposes any business license taxes such additional taxes shall not exceed fifty percent (50%) of the business license taxes. For purposes of the additional tax to be imposed pursuant to this part, the governing body of the City may make a reasonable classification of businesses, giving consideration to various factors. SECTION 6. Public Hearing. A public hearing shall be held at the City Hall in Cape Girardeau, Missouri, on September 2, 1981 at 7: 30 o'clock P.M. , for the purpose of considering the establishment of a special business district and the construction or operation of street and sewer improvements and other improvements in the district. The governing body shall hear all protests and receive evidence for or against the proposed action; rule upon all protests which determination shall be final; and may continue the hearing from time to time as provided in Section 71. 794 of the Special Business District Law. Proceedings shall terminate if protest is made by businesses in the proposed area which pay a majority of the additional taxes proposed to be levied within the area. SECTION 7. Notice of Public Hearing. The City Clerk is hereby authorized and directed to publish notice of the hearing on two (2) separate occasions in at least one (1) newspaper of general circulation not more than fifteen (15) days nor less than 5. ten (10) days before the hearing. The City Clerk shall also mail a notice of the hearing by registered or certified United States mail with a return receipt attached to all owners of record of real property and licensed businesses located in the proposed district. PAS5ED AND APPROVED THIS ��� DAY OF AUGUST, 1981. ,��-z-U-� Co , Howard C. Tooke, Mayor ATTEST: �- � �, � ';�:�(.-L�' �:_�_i---� Verna L. Landis, City Clerk 6. PETITION 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. 82° 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. 6° 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. 18° 26 ' 21" E. , 99. 35 feet; thence leaving the east line of Mt. Auburn Road, N. 88° 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. 18° 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 3° 25 ' curve to the left; thence with said 3° 25 ' curve to the left, 196. 2 feet; thence N. 74° 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. 71° 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 l; 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. 89° 12 ' W. , 263 . 71 feet; thence N. 3° 30 ' W. , 873. 7 feet; thence S. 62° 02 ' W. , 62. 15 feet; thence N. 81° 21 ' W. , 150. 0 feet; thence N. 8° 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. 83° 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. 70° 21' S3" 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 6° 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. 8° 45' 53" West, 1, 007. 88 feet to an old T Fence post; thence South 8° 12 ' 29" West, along the East line of Outlot 85, 885. 58 feet to a point; thence North 81° 47 ' 31" West, 586 . 68 feet to the true point of beginning; thence North 10° 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 riqht a distance of 164 . 15 feet to a point; thence North 60° 00 ' 00" East, 601. 78 feet to a point; thence North 4° 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 78° 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 10° 59 ' 41" East, 170. 51 feet to a point; thence North 61° 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 79° 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 10° 59 ' 41" West, 170. 51 feet to a point; thence South 55° 59 ' 41" West, 28. 28 feet to a point; thence North 79° 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 20° 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-of-way line of Missouri State Route "K" ; thence along said south line of Missouri State Route K, North 69° 21 ' 20" West, 236. 25 feet to a point; thence South 32° 03 ' 06" East, 101. 99 feet to a point; thence South 20° 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 20° 05 ' 08" West, 25. 43 feet; thence South 59° 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 71° 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 ' S7" 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-of-way line of Mt. Auburn Road, 70 feet wide; thence along said east right-of-way line of Mt. Auburn Road, South 6° 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 23° 40 ' 59" East, 29. 06 feet to a point on a curve having a radius of 310. 0 feet and a chord bearing South 7° 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 49° 21 ' 34" East; thence along said curve to the left a distance of 133. 71 feet to a point; thence South 60° 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; �hence 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 18° 27 ' 00" East, 74. 0 feet to a point; thence North 71° 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 40° 13 ' 17" East, 315. 52 feet to a point; thence North 78° 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 90° 00 ' 00" East, 47. 0 feet to a point; thence South 0° 00 ' 00" West, 290. 0 feet to a point; thence South 90° 00 ' 00" East, 393. 52 feet to a point; thence North 71° 32 ' 39" East, 323. 10 feet to a point; thence North 0° 00 ' 00" East, 334. 01 feet back to the point of beginning and containing 66. 32 acres, more or less. Drury Trust 1. Name: Charl ur Trustee Address: P.O. Box 910 Signature: Cape Girardeau, MO 63701 2. Name: �har�eseV. UPurn Qce es�n Address: P.O. Box 9.0 Signature: Cape Girardeau, MO 63701 3. Name: Address: Signature: 4. Name: Address: Signature: 5. Name: Address: Signature: 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 . ( '.Q-�.s��rJ � �-k�-�Y--�-<� Notary Pub�ic - State of Missouri Commissioned in Cape Girardeau County My Commiss�on 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