Section 105-218; Ord. 18080; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the north side of Brown School Road, west of State Route 763; placing the property annexed in Districts R-1 and PUD-7


Ordinance No.         018080                           Council Bill No.       B 128-04       

AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the north side of Brown School Road, west of State Route 763; directing the City Clerk to give notice of the annexation; placing the property annexed in Districts R-1 and PUD-7; and fixing the time when this ordinance shall become effective.

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

    SECTION 1.  The City Council hereby finds that a verified petition was filed with the City on January 29, 2004, requesting the annexation of land which is contiguous and compact to the existing corporate limits of the City and which is described in Section 4 of this ordinance.  This petition was executed by Larry W. and Cecilia A. Benton, the owners of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on May 3, 2004.  Notice of this hearing was published more than seven days prior to the hearing in two newspapers of general circulation qualified to publish legal matters.  At the public hearing all interested persons, corporations and political subdivisions were permitted to present evidence regarding the proposed annexation.

    SECTION 2.  The Council determines that the annexation is reasonable and necessary to the proper development of the City and that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time.
    SECTION 3.  The Council determines that no written objection to the proposed annexation has been filed within fourteen days after the public hearing.

    SECTION 4.  The City Council hereby extends the city limits by annexing the land described in Section 1-11.130 of the Code of Ordinances of the City of Columbia, Missouri, which is hereby added to Chapter 1 of the City Code and which reads as follows:

    Section 1-11.130. May 2004 Extension of Corporate Limits.

    The corporate limits of the City of Columbia shall include the following land:

A tract of land located in the Northeast quarter of Section 25, Township 49 North, Range 13 West, Boone County, Missouri; being part of Tract A Two (A2) in a survey recorded on Book 396 Page 374 and Tract 13 of Survey 7707 of the records of Boone County, Missouri and more particularly described as follows.

Beginning at the Northwest corner of the Northeast quarter of Section 25, Township 49 North, Range 13 West, thence S89°18'45"E, 894.47 feet to the Northwest corner of Lot 133, Shalimar Gardens Block IV as recorded in Plat Book 32, Page 32 of the records of Boone County, Missouri; thence S01°21'50"W, 123.80 feet to the Southwest corner of Lot 133; thence N89°18'45"W, 50.00 feet; thence S00°41'15"W, 175.00 feet to the Southwest corner of Lot 134, Shalimar Gardens Block IV; thence N89°18'45"W, 530.22 feet to the Northwest corner of Lot 166, Shalimar Gardens Block V as recorded in Plat Book 37, Page 112; thence S00°41'15"W, 335.00 feet to the Southwest corner of Lot 164, Shalimar Gardens Block V; thence S89°18'45"E, 234.78 feet to the Northwest corner of Lot 161, Shalimar Gardens Block IV; thence S18°31'15"W, 66.40 feet to the Northwest corner of Lot 160, Shalimar Gardens Block V; thence S18°50'35"W, 310.27 feet to the Southwest corner of Lot 158, Shalimar Gardens Block V; thence S66°24'20"E, 169.34 feet; thence along a 350.00 foot radius curve to the left, 29.97 feet, said curve having a chord N21°08'25"E , 29.96 feet; thence N18°41'15"E, 31.73 feet to the Southwest corner of Lot 100, Shalimar Gardens Block V; thence S71°18'45"E, 86.99 feet; thence S26°44'15"W, 17.90 feet; thence S01°15'45"E, 100.00 feet; thence S61°15'45"E, 75.86 feet; thence S1°48’15”W, 34.92 feet; thence S89°06’05”E, 75.71 feet; thence N00°54’00”E, 9.71 feet; thence S89°15'45"E, 392.80 feet to the Northwest corner of Lot 21, Shalimar Gardens Block I as recorded in Plat Book 11, Page 126; thence S00°44'15"W, 140.00 feet; thence N89°18'45"W, 888.07 feet; thence S00°11'55"W, 1334.07 feet; thence N88°44'00"W, 320.40 feet; thence N00°12'05"E, 2674.78 feet along the east side of Tract B of an unrecorded survey by F.E. Grundler dated March 31, 1966 as referenced in a survey recorded in Book 1787, Page 831 and along the east side of Tract 2 of same survey recorded in Book 1787, Page 831; to the point of beginning containing 29.11 acres.

    SECTION 5.  The City Clerk is hereby authorized and directed to cause three certified copies of this ordinance to be filed with the Clerk of Boone County, Missouri.  The City Clerk is further authorized and directed to forward to the Missouri Department of Revenue, by registered or certified mail, a certified copy of this ordinance and a map of the City clearly showing the area annexed to the City.

    SECTION 6.  The property described in Section 4 is in the Second Ward.

    SECTION 7.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following property:

Three tracts of land located in the Northeast quarter of Section 25, Township 49 North, Range 13 West, Boone County, Missouri; being part of tract A two (A2) in a survey recorded on Book 396 Page 374 of the records of Boone County, Missouri and more particularly described as follows.

Tract 1
Commencing at the Northwest corner of the Northeast quarter of Section 25, township 49 North, Range 13 West, thence S89°18'45"E, 90.90 feet to the point of beginning; thence S89°18'45"E, 803.57 feet to the Northwest corner of Lot 133, Shalimar Gardens Block IV as recorded in Plat Book 32, Page 32 of the records of Boone County, Missouri; thence S01°21'50"W, 123.80 feet to the Southwest corner of Lot 133; thence N89°18'45"W, 50.00 feet; thence S00°41'15"W, 175.00 feet to the Southwest corner of Lot 134, Shalimar Gardens Block IV; thence N89°18'45"W, 530.22 feet to the Northwest corner of Lot 166, Shalimar Gardens Block V as recorded in Pl at Book 37, Page 112; thence S00°41'15"W, 699.55 feet; thence N68°11'15"W, 139.89 feet; thence along a 300.00 foot radius curve to the left, 1.4 feet, said curve having a chord N10°45'20"W, 1.4 feet; thence along a 600.00 foot radius curve to the right, 218.23 feet, said curve having a chord N00°28'10"W, 217.03 feet; thence along a 300.00 foot radius curve to the left, 109.11 feet, said curve having a chord N00°28'10"W, 108.51 feet; thence along a 600.00 foot radius curve to the right, 218.23 feet, said curve having a chord N00°28'10"W, 217.03 feet; thence along a 300.00 foot radius curve to the left, 83.40 feet, said curve having a chord N01°59'05"E, 83.13 feet; thence along a 300.00 foot radius curve to the right, 79.21 feet, said curve having a chord N01°35'05"E, 78.98 feet; thence N09°08'55"E, 96.45 feet; thence along a 200.00 foot radius curve to the right, 11.04 feet, said curve having a chord N79°16'15"W, 11.04 feet; thence N77°41'20"W, 113.97 feet; thence N12°18'40"E, 119.67 feet; thence along a 732.00 foot radius curve to the left, 4.61 feet, said curve having a chord N12°07'50"E, 4.61 feet to the point of beginning and containing 7.18 acres.

Tract 2
Commencing at the Northwest corner of the Northeast quarter of Section 25, township 49 North, Range 13 West, thence S10°10'20"E, 983.90 feet to the point of beginning; thence S68°11'15"E, 136.58 feet; thence S00°41'15"W, 39.40 feet;
thence S89°18'45"E, 97.08 feet; thence N18°50'35"E, 66.38 feet to the Southwest corner of Lot 158, Shalimar Gardens Block V; thence S66°24'20"E, 169.34 feet;
thence along a 350.00 foot radius curve to the left, 29.97 feet, said curve having a chord N21°08'25"E, 29.96 feet; thence N18°41'15"E, 31.73 feet to the Southwest corner of Lot 100, Shalimar Gardens Block V; thence S71°18'45"E, 86.99 feet; thence S26°44'15"W, 17.90 feet; thence S01°15'45"E, 100.00 feet; thence S26°31'10"W, 110.00 feet; thence N63°28'50"W, 52.52 feet; thence along a 200.00 foot radius curve to the left, 106.83 feet, said curve having a chord N78°47'00"W, 105.57 feet; thence S85°54'50"W, 216.52 feet; thence along a 300.00 foot radius curve to the right, 86.42 feet, said curve having a chord N85°50'00"W, 86.12 feet; thence along a 600.00 foot radius curve to the right, 163.58 feet, said curve having a chord N00°57'45"E, 163.07 feet; thence along a 300.00 foot radius curve to the left, 82.95 feet, said curve having a chord N00°51'05"E, 82.68 feet to the point of beginning and containing 2.18 acres.

Tract 3
Commencing at the Northwest corner of the Northeast quarter of Section 25, township 49 North, Range 13 West, thence S37°09'00"E, 1524.08 feet to the point of beginning; thence S89°15'45"E, 285.00 feet to the Northwest corner of Lot 21, Shalimar Gardens Block I as recorded in Plat Book 11, Page 126; thence S00°44'15"W, 140.00 feet; thence N89°18'45"W, 285.00 feet; thence N00°44'15"E, 140.25 feet; to the point of beginning and containing 0.92 acres.

will be zoned and become a part of District R-1 (One-Family Dwelling District).

    SECTION 8.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following property:

A tract of land located in the Northeast quarter of Section 25, Township 49 North, Range 13 West, Boone County, Missouri; being part of Tract A Two (A2) in a survey recorded on Book 396 Page 374 and Tract 13 of Survey 7707 of the records of Boone County, Missouri and more particularly described as follows.

Beginning at the Northwest corner of the Northeast quarter of Section 25, Township 40 North, Range 13 West, thence S89°18'45"E, 90.90 feet; thence along a 732.00 foot radius curve to the right, 4.61 feet, said curve having a chord S12°07'50"W, 4.61 feet; thence S12°18'40"W, 119.67 feet; thence S77°41'20"E, 113.97 feet; thence along a 200.00 foot radius curve to the left, 11.04 feet, said curve having a chord S79°16'15"E, 11.04 feet; thence S09°08'55"W, 96.45 feet; thence along a 300.00 foot radius curve to the left, 79.21 feet, said curve having a chord S01°35'05"W, 78.98 feet; thence along a 300.00 foot radius curve to the right, 83.40 feet, said curve having a chord S01°59'05"W, 83.13 feet; thence along a 600.00 foot radius curve to the left, 218.23 feet, said curve having a chord S00°28'10"E, 217.03 feet; thence along a 300.00 foot radius curve to the right, 109.11 feet, said curve having a chord S00°28'10"E, 108.51 feet; thence along a 600.00 foot radius curve to the left, 218.23 feet, said curve having a chord S00°28'10"E, 217.03 feet; thence along a 300.00 foot radius curve to the right,1.40 feet, said curve having a chord S10°45'20"E, 1.40 feet; thence S68°11'15"E, 139.89 feet; thence N00°41'15"E, 364.55 feet to the Southwest corner of Lot 164, Shalimar Gardens Block V as recorded in Plat Book 37, Page 112 of the records of Boone County, Missouri; thence S89°18'45"E, 234.78 feet to the Northwest corner of Lot 161, Shalimar Gardens Block IV as recorded in Plat Book 32, Page 32; thence S18°31'15"W, 66.40 feet to the Northwest corner of Lot 160, Shalimar Gardens Block V; thence S18°50'35"W, 376.65 feet; thence N89°18'45"W, 97.08 feet; thence N00°41'15"E, 39.40 feet; thence N68°11'15"W, 136.58 feet; thence along a 300.00 foot radius curve to the right, 82.95 feet, said curve having a chord S00°51'05"W, 82.68 feet; thence along a 600.00 foot radius curve to the left, 163.58 feet, said curve having a chord S00°57'45"W, 163.07 feet; thence along a 300.00 foot radius curve to the left, 86.42 feet, said curve having a chord S85°50'00"E, 86.12 feet; thence N85°54'50"E, 216.52 feet; thence along a 200.00 foot radius curve to the right, 106.83 feet, said curve having a chord S78°47'00"E, 105.57 feet; thence S63°28'50"E, 52.52 feet; thence N26°31'10"E, 110.00 feet; thence S61°15'45"E, 75.86 feet; thence S1°48'15"W, 34.92 feet; thence S89°06'05"E, 75.71 feet; thence N00°54'00"E, 9.71 feet; thence S89°15'45"E, 107.80 feet; thence S00°44'15"W, 140.25 feet; thence N89°18'45"W, 603.07 feet; thence S00°11'55"W, 1334.07 feet; thence N88°44'00"W, 320.40 feet; thence N00°12'05"E, 2674.78 feet along the east side of Tract B of an unrecorded survey by F.E. Grundler dated March 31, 1966 as referenced in a survey recorded in Book 1787, Page 831 and along the east side of Tract 2 of same survey recorded in Book 1787, Page 831; to the point of beginning and containing 18.83   acres.

will be zoned and become a part of District PUD-7 (Planned Unit Development District) with a development density not exceeding seven dwelling units per acre.  The property may be used for all permitted uses in District R-3.  The Statement of Intent, marked “Exhibit A” is attached to and made a part of this ordinance.

    SECTION 9.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th day of May, 2004.