Section 103-284; Ord. 17302; Authorizing Voter Approved Annexation of Property Lying North of the City Limits


Ordinance No.           17302               Council Bill No.           B 151-02A            

AN ORDINANCE

providing for the extension of the corporate limits of the City of Columbia, Missouri, by annexing, embracing and including within the city limits unincorporated real property located in Boone County, Missouri lying north of the city limits of Columbia; and fixing the time when this ordinance shall become effective.

    WHEREAS, on the 4th day of March, 2002, the City of Columbia, Missouri, declared by resolution of the City Council its intent to annex the hereinafter described unincorporated territory into the City of Columbia, Missouri; and

    WHEREAS, a public hearing was held on the proposed annexation on the 6th day of May, 2002, at which hearing a “Plan of Intent” to provide services to the proposed annexation area was presented along with evidence in support thereof.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  That the corporate limits of the City of Columbia in the County of Boone, state of Missouri, be extended so as to embrace and include all that part of Boone County lying within the following boundary lines, to-wit:

Five (5) tracts of land in the fractional southwest quarter of Section 18, the northeast, southeast, fractional southwest and fractional northwest quarters of Section 19; the southwest and northwest quarters of Section 29; the northeast, southeast and fractional southwest quarters of Section 30, all in Township 49 North, Range 12 West; the east half of Section 24 and the east half of Section 25, Township 49 North, Range 13 West, in Boone County, Missouri; said tracts being described as follows:

BEGINNING at the center of said Section 25; thence along the quarter section line, South 1370 feet, more or less; thence S.85°38'05"E., 2600 feet, more or less, to the west right-of-way line of Missouri Highway 763; thence along said right-of-way line, S.0°03'25"W., 1120 feet, more or less to a point 200 feet North of the south line of Section 25,  Township 49 North, Range 13 West; thence easterly along a line parallel with and 200 feet North of the south lines of said Section 25 and Section 30 , Township 49 North, Range 12 West, to  the easterly side of a non-exclusive road easement described by document in Book 506 at Page 579 at a distance of 412.5 feet from the west line of the tract shown by the survey recorded in Book 388 at page 577; thence with said easterly side N.1°04'E., 631.2 feet to the south side of a 5 acre tract described by Warranty Deed recorded in Book 737 at Page 674; thence along said side S.88°56'E., 412.9 feet to the southeast corner of said Warranty Deed tract; thence along the easterly side of said tract N.1°04'E., 311.0 feet to the northeasterly corner of said tract, said corner also being on the north side of Tract #2 of a survey recorded in Book 279 at Page 293; thence along the lines of the survey recorded in Book 1207 at Page 661 N.0°38'10"E., 662.55 feet; thence N. 89°57'10"E., 200.00 feet; thence N.0°38'10"E., 956.70 feet to the north line of the southwest quarter of said Section 30: thence N.89°19'25"W., along said quarter section line, to the northeast corner of Tract 1 of the survey in Book 1158 at page 416; thence along the east line of said Tract 1, South, 517.23 feet to the southeast corner thereof; thence along the south line of said tract and the south line of Tract 3 of said survey, S.89°59'20'W., 400.28 feet to the southwest corner of said Tract 3; thence N.89°59'35"W., 40.00 feet to the range line between range 12 and 13 west; thence N.00°00'25" E., 522.50 feet to the west quarter corner of said Section 30; thence along said range line in a northerly direction to the west corner of Sections 19 and 30, T.49 N., R.12 W.;thence S.89°04'05"E., along the south line of said Section 19 a distance of 40 feet, more or less, to the east right-of-way line of Missouri Route 763; thence continuing along said south line S.89°04'05"E., 150.00 feet to the southeast corner of the tract described in the warranty deed in Book 659 at page 309; thence leaving said section line and with the lines of said tract, N.1°24'25"E., 80.00 feet; thence N.89°04'05"W., 150.00 feet to the east right-of-way line of said Route 763; thence continuing N.89°04'05"W., 40 feet, more or less to said range line; thence along said range line, N.1°24'25"E., 2,228.23 feet, more or less; thence leaving said range line, S.88°41'20"E., 40 feet, more or less, to the east right-of-way line of said Route 763; thence leaving said right-of-way and along the lines of the survey in Book 261 at page 551, S.88°41'20"E., 466.24 feet to the southeast corner of said survey; thence N.2°16'15"E., 25.04 feet to the southwest corner of the tract shown by the survey in Book 371 at page 118 being also the tract described in the warranty deed in Book 370 at page 522; thence along the south line of said tracts, S.88°20'30"E., 163.16 feet to the southeast corner thereof; thence N.1°14'05"E., 107.64 feet to the southwest corner of Tract One (1) of the survey recorded in Book 388 at page 665, being the southwest corner of the tract described in the deeds in Book 526 at pages 360, 361, and 362; thence S.88°01'05"E., 98.50 feet to the southeast corner thereof and the west line of the gas pipeline right-of-way recorded in Book 356 at page 259; thence along said line, N.1°30'50"E., 290.49 feet to the northeast corner of said tract described in Book 526 at pages 360, 361, and 362 and the north line of the survey in Book 388 at page 665; thence continuing N.1°30'50"E. To the centerline of Prathersville Road; thence along said centerline in a easterly direction, 100.00 feet; thence S.1°30'50"W., to the northwest corner of Tract Two (2) of said survey in Book 388 at page 665; thence along the west line thereof, S.1°30'50"W., 290.49 feet to the southwest corner thereof; thence S.88°01'05"E., 150.00 feet to the southeast corner thereof and the west end of Tower Drive as shown on said survey and vacated as recorded in Book 392 at page 266; thence along said west end right-of-way, S.1°30'15"W., 19.75 feet; thence S.88°03'20"E., 1562.42 feet to the west line of the tract shown by the survey in Book 339 at page 181, being also the tract described in the warranty deed in Book 338 at page 560; thence along the lines of said tract N.0°22'40"E., 28.00 feet; thence S.89°37'20"E., 40.00 feet; thence S.0°22'40"W., 29.10 feet to the south right-of-way line of said Tower Drive; thence along said right-of-way line, S.88°03'20"E., 135.38 feet to the west line of Crescent Meadows Mobile Home Subdivision, Plat No. 1 as recorded in Plat Book 9 at page 21 and the west line of the tract described in the warranty deed in Book 359 at  page 579; thence along said west line, S.0°10'45"W, 2379.03 feet to the line between said Section 19 and 30; thence along said section line, S.89°04'05"E., 600.00 feet to the quarter corner common to said sections; thence along the west line of the northeast quarter of said Section 30, S.00°33'50" E., 1,318.46 feet, more or less, to the northwest corner of the south half of said northeast quarter; thence with the north line of said south half of the northeast quarter N.89°57'20"E., 2096 feet, more or less, to the westerly right-of-way line of U.S. Route 63; thence along said right-of-way line S.12°39'E., to a point 140 feet right of station 920+00; thence S.5°22'E., 335.0 feet to a point 240 feet right of Station 923+00: thence S.3°06'E., 369.7 feet to a point 400 feet right of Station 926+00: thence S.21°26'E., 235.0 feet to a point 450 feet right of Station 928+00; thence S.37°44'E., 414.1 feet to a point 460 feet right of Station 931+69.85; thence S.22°06'E., 22.9 feet; thence S.36°04'W., 16.8 feet; thence along a curve to the right having a radius of 746.96 feet a distance of 200.40 feet, the chord of said curve having bearing and distance of S.43°45'15"W., 199.80 feet;thence along a concentric curve to the right having a radius of 50.00 feet a distance of 27.00 feet to the east line of the tract shown by the survey in Book 1123 at page 121, the chord of said curve having bearing and distance of S.66°55'W., 26.67 feet; thence along said east line S.00°16'10"W., 219.88 feet thence S.35°36'20"E., 208.09 feet; thence S.45°23'20"E., 211.90  feet to the east line of said Section 30; thence with the section line S.00°07'30"E., 1101.99 feet to the southwest corner of survey recorded in Book 320 at Page 13 of said County records; thence with boundary of said survey N.74°01'10"E., 634.08 feet to the southeast corner of survey recorded in Book 320 at Page 13 of said County Records; thence with the boundary of said survey N.29°43 10"E., 232.81 feet; thence N.21°57'10"E., 279.82 feet to the northeast corner of said survey; thence N.89°07'10"E., 602.21 feet to the westerly right-of-way of U.S. Highway 63; thence with said right-of-way S.42°57'45"E., 314.19 feet; thence S.35°50'30  E., 388.11 feet; thence  S.34°26'20"E., 44.03 feet; thence S.52°27'00"E., 382.28 feet; thence S.32°40'30"E., 418.37 feet; thence S.6°35'30"E., 71.41 feet; thence S.89°37'50"E., 204.43 feet to the east line of the west half of said Section 29; thence northerly along said quarter section line 155 feet, more or less, to U.S. Highway 63 centerline station 967+00; thence continuing northerly along said quarter section line 175 feet, more or less, to the northeasterly right-of-way line of said U.S. Highway 63; thence northwesterly along said right-of-way line to a point 125 feet left of Station 941+27; thence continuing along said right-of-way line in a northerly and easterly direction to a point 30 feet right of Starke Avenue Equation Station 30+29.74 back equals 31+46.09 ahead; thence northerly 60 feet to a point 30 feet left of said equation station; thence continuing along said right-of-way line to a point 20 feet left of Oakland Gravel Road Station 7+75; thence westerly 70 feet to a point 50 feet right of said Station 7+75; thence southerly along said right-of-way line to a point 225 feet left, more or less, from approximate Station 922+65 at the intersection of said Oakland Gravel Road right-of-way line with the northeasterly right-of-way line of said U.S. Highway 63; thence along said highway right-of-way line in a northwesterly direction to a point 125 feet left of Station 920+00; thence continuing along said highway right-of-way line in a northwesterly direction to a point 320 feet left of Station 881+00; thence northeasterly 55 feet, more or less, to a point 85 feet left of Prathersville Road Station 5+30; thence easterly along the south right-of-way line of said Prathersville Road to a point 60 feet left of Station 0+00; thence northerly 120 feet to a point 60 feet right of said Station 0+00; thence westerly to a point 70 feet right of Station 2+65; thence northwesterly 140 feet, more or less, to a point 605 feet left of U.S. Highway 63 centerline Station 879+65; thence northerly and northwesterly along said right-of-way line to a point 145 feet left of Station 822+88.06; thence leaving said right-of-way line S.34°34'19"W., 295 feet to a point 150 feet right of said Station 822+88.06; thence in a southwesterly direction 165 feet, more or less, to a point 65 feet right of State Highway 763, Ramp 2 centerline, Station 9+00; thence westerly 65 feet to said centerline Station; thence northerly along said centerline 40 feet, more or less, to the easterly prolongation of the north line of Section 24, Township 49 North, Range 13 West; thence westerly along said prolongation 50 feet, more or less, to the northeast corner of said Section 24; thence westerly along the north line of the northeast quarter of said section to an 8" hickory tree described in the Quit-Claim Deed in Book 554 at page 795 as being East 112 feet from the northwest corner of said northeast quarter; thence south, as per said deed, 310 feet to the northeasterly right-of-way line of State Route V V; thence northwesterly along said right-of-way line 133.5 feet, more or less to the west line of said northeast quarter of Section 24; thence along said quarter section line in a southerly direction to the southwesterly right-of-way line of said State Route V V; thence along said right-of-way line in a southeasterly direction to the south line of the northwest quarter of the northeast quarter of said Section 24; thence along said quarter-quarter line in a westerly direction to the southwest corner of said northwest quarter of the northeast quarter; thence along the quarter section line in a southerly direction to the quarter corner common to said Section 24 and to Section 25; thence continuing in a southerly direction and along the north-south quarter line of said Section 25 to the POINT OF BEGINNING.

    ALSO the following described tract in the southeast quarter of the fractional southwest quarter of Section 30, Township 49 North, Range 12 West, said tract being a part of Capri Estates Subdivision Block No. 1 as recorded in Plat Book 11 at page 46 and being further described as follows:

BEGINNING at the northwest corner of Lot 34 of Capri Estates Block No. 1; thence S.1°51'W., 120 feet to the southwest corner of said Lot 34; thence S.2°32'W., 25 feet to the centerline of Riviera Drive; thence along said centerline S.87°28'E., 70.0 feet; thence S.2°32'W., 25 feet to the northwest corner of Lot 30 of said Block No. 1; thence S.1°51'W., 120.0 feet to the southwest corner of said Lot 30; thence S.87°28'E., 171.28 feet to the southeast corner of Lot 31 of said Block No. 1; thence N.1°24'E., 290.05 feet to the northeast corner of Lot 32 of said Block No. 1; thence N.87°28'W. along the north line of said Block No. 1 a distance of 239 feet to the POINT OF BEGINNING of the SECOND TRACT.

ALSO a tract of land shown by a survey in Book 400 at page 843, described in the trustee’s deed in Book 403 at page 987, the warranty deed in Book 516 at page 603 and the quit-claim deed in Book 890 at page 751, all of the Boone County Records; situate in the fractional southwest quarter of Section 19, Township 49 North, Range 12 West in Boone County, Missouri; said tract being further described as follows:

Commencing at the southwest corner of said Section 19; thence along the range line N.1°24'25"E., 649.92 feet; thence leaving said range line S.88°45'50"E., 541.49 feet to the POINT OF BEGINNING; thence N.1°13'50"E., 414.88 feet; thence S.88°45'50"E., 410.00 feet; thence S.1°13'50"W., 214.89 feet; thence S.88°45'50" E.,100.00 feet; thence S.1°13'50"W., 235.00 feet to the centerline of  Harvester Road; thence along said centerline N.88°45'50"W., 510.00 feet; thence leaving said centerline N.1°13'50"E., 35.00 feet to the POINT OF BEGINNING and containing 4.77 acres as the THIRD TRACT.

ALSO a tract of land described in the deeds recorded in Book 523 at pages 402, 404 and 406 in the fractional southwest quarter of Section 19, Township 49 North, Range 12 West in Boone County, Missouri and being further described as follows:

Commencing at the southeast corner of Lot Eight (8), Gaslight Acres, Block 1 as recorded in Plat Book 8 at page 8; thence S. 2°17'40"W., 701.65 feet to the POINT OF BEGINNING; thence S.2°49'20"E., 316.00 feet; thence S.85°25'40"W., 194.71 feet; thence N.10°01'20"W., 308.88 feet; thence N.83°22'40"E., 233.85 feet to the POINT OF BEGINNING and containing 1.53 acres as the FOURTH TRACT.

ALSO a part of the land shown by the survey in Book 491 at page 132 of the Boone County Records; situate in the southeast quarter of the fractional southwest quarter of Section 30, Township 49 North, Range 12 West, Boone County, Missouri, said part being described as follows:

BEGINNING on the west line of said survey at a point N.1°51'E., 2.53 feet from the southwest corner of tract 1 of said survey; thence N.1°51'E., 110.13 feet; thence S.38°33'E., 62.01 feet; thence S.56°12'W., 48.93 feet; thence S.34°25'E., 29.00 feet; thence S.59°27'W., 20.75 feet to the POINT OF BEGINNING of the FIFTH TRACT.

    SECTION 2.  The perimeter of the area as above described is approximately 74,025 feet and the length of the contiguous boundary common to the existing corporate limits of the City of Columbia and the area being annexed is approximately 37,006 feet, which length is equal to at least fifteen percent (15%) of the length of the perimeter of the area proposed for annexation.

    SECTION 3.  The City Council hereby determines that the proposed annexation is reasonable and necessary to the proper development of the City of Columbia.

    SECTION 4.  The City has developed a “Plan of Intent” to provide services to the area proposed for annexation on the same basis upon which services are presently provided to the residents of the City.  Said Plan of Intent is attached hereto and incorporated by reference as if fully set out herein.

    SECTION 5.  The annexation of the territory described in Section 1 is subject to the approval of the voters of the City and the voters of the area subject to annexation in an election to be held on August 6, 2002.

    SECTION 6.  Upon a favorable vote, as certified by the election authority, the annexation shall become effective as of October 1, 2003 unless at such time a lawsuit to authorize the annexation filed pursuant to state law is pending before the courts in which instance the annexation shall become effective upon the final affirmative action of the appropriate court.    
    SECTION 7.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 20th day of May, 2002.