Section 105-324; Ord. 18144; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the west side of U.S. Highway 63, approximately 1,000 feet north of Brown School Road; placing the property annexed in District M-1

Ordinance No.            018144                      Council Bill No. B 193-04            


AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the west side of U.S. Highway 63, approximately 1,000 feet north of Brown School Road; directing the City Clerk to give notice of the annexation; placing the property annexed in District M-1; 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 May 11, 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 signed by Keith Schnarre, Presiding Commissioner of Boone County, Missouri, the owner of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on June 21, 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 1-11.132 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 1-11.132. July, 2004 Extension of Corporate Limits.

A tract of land in the northeast quarter of the southeast quarter of Section 30, Township 49 North, Range 12 West, Boone County, Missouri; being part of the tract described by the warranty deed recorded in Book 1084 at page 474 of the Boone County Records and being more particularly described as follows:

Commencing at the northeast corner Of Arcadia Plat 5, as recorded in Plat Book 33 at page 21 and the southernmost point of the said tract described by the warranty deed recorded in Book 1084 at page 474; thence with the section line N0E 07' 10" W, 214.81 feet; thence leaving said section line, S89E 52' 50" W, 25.00 feet to the POINT OF BEGINNING; thence 77.70 Feet along a 30.00-foot radius non-tangent curve to the right, said curve having a chord, S74E 04' 50" W, 57.73 feet; thence N31E 43' 10" W, 233.59 feet; thence 141.87 feet along a 100.00-foot radius curve to the right, said curve having a chord, N8E 55' 25" E, 130.27 feet; thence 173.17 feet along an 836.96-foot radius curve to the left, said curve having a chord N43E 38' 20" E, 172.86 feet to the westerly right-of-way line of U.S. Route 63; thence with said right-of-way, S1E 22' 00" W, 155.04 feet to a point 65 feet right or westerly of station 9%00 of the centerline of the Oakland Gravel Road connection with the U.S. Route 63; thence N89E 36' 40" E, 41.95 feet; thence S0E 07' 10" E, 281.95 feet to the POINT OF BEGINNING and containing 1.22 acres.

ALSO, parts of land owned by Boone County in the southeast quarter of Section 19 as described in the deed in Book 90 at page 581 and in the north half of the northeast quarter of Section 30 as described in deed in Book 109 at page 385, both in Township 49 North, Range 12 West and being more particularly described as follows:

A tract of land as shown by the survey in Book 1196 at page 466 situate in said Sections 19 and 30 EXCEPTING THEREFROM the tract of land described in the warranty deed recorded in Book 774 at page 136 of said county records AND...

Land owned by Boone County, Missouri, burdened by easements condemned under petition and Order of Condemnation entered by the Circuit Court of Boone County, Missouri, in the case of State of Missouri ex. rel. Missouri Highway and Transportation Commission vs. B. D. Simon et. al The County Court of Boone County, Missouri, Case No. CV180-1973CC, in which Boone County through its County Court members are named and described as Defendants in the following description of the rights acquired:

An easement over and across a tract of land for additional right of way for the improvement of US Highway Route 63 and an intersection with Prathersville Road and a connection of Oakland Gravel Road (with all right of direct access to abutting property to the thruway and ramps of U.S. Highway Route 63 being prohibited and also prohibited to Prathersville Road from and between Station 2%65 to Station 16%35), in the N 2 of SE 3, and the SE 3 of the SE 3 of Section 19, and the NE 3 of NE 3 of Section 30, T 49 N, R 12 W, Boone County, Missouri, containing 36.73 acres, more or less.

All that part of Defendants= property lying within widths as hereinafter designated on the easterly side of and also in the westerly side of the following described survey centerline for the improvement of said Route 63; on the southerly side of the following described survey centerline of Prathersville Road; on the westerly side of the following described survey centerline for the connection of Oakland Gravel Road.

The survey centerline for the improvement of US Highway 63 is described as follows: From a stone at the 3 corner between Sections 18 and 19, T 49 W, R 12 W; thence S4E 35' 41" W, 308 feet; thence S 30E 22' 41" E, 266 feet; thence S19E 10' 41" E, 205 feet; thence S2E 19' 19" W, 834.30 feet to a point on the centerline at station 861%00, thence from said point the centerline extends S55E  25' 41" W 402.19 feet to P.C. Station 865%02.19; thence to the right on a 2E curve having a delta of 46E 53' 50", 1301.38 feet to said Route 63 Station 878%03.57 = station 10%00 Prathersville Road; thence containing on said curve 1043.48 feet to P.T. Station 888%47.05, thence S8E 31' 51" E, 2593.84 feet to the P.C. Station 914%40.89; thence to the left on a 2E curve having a delta of 32E 46' 45", 1638.96 feet to P.T. Station 930%79.85; thence S41E 18' 36" E, 90 feet to Station 931%69.85 Route 63 = Station 2%35 Oakland Gravel Road.

The survey centerline of Prathersville Road is described as follows: BEGINNING at said Route 63 Centerline Station 878%03.57 = Prathersville Road Centerline Station 10%00; thence S87E 58' 35" E, 650 feet; thence S88E 46' 35" E, 350 feet to Station 0%00; N88E 46' 35" W, 350 feet to P.I. Station 3%50, thence N87E 58' 35" W, 1,500 feet to station 18%50.

The survey centerline of Oakland Gravel Road Connection is described as follows: BEGINNING at said Route 63 Centerline Station 931%69.85 = Station 22%35 Oakland Gravel Road; thence N48E 41' 24" E, 235 feet to Station 20%00; thence N41E 18' 36" W, 430.81 feet to the P.T. Station 15%69.19; thence to the right on a 12E curve having a delta of 42E 00', 350 feet to P.C. Station 12%19.19; thence N0E 41' 24" E, 319.19 feet to Station 9%00.

The widths of right-of-way on the southerly side of the above described centerline of Prathersville Road, and on the easterly side of and also on the westerly side of the above described centerline for the improvement of said Route 63 and on the westerly side of the above described centerline for Oakland Gravel Road are designated as: BEGINNING on the centerline of Prathersville Road at Station 18%70; thence South to a point 70 feet southerly of and opposite Station 18%50; thence East to a point 60 feet southerly of and opposite station 16%35; thence easterly to a point 85 feet southerly of and opposite of Station 14%75; thence southerly to a point 480 feet westerly of and opposite said Route 63 Centerline Station 879%65; thence southerly to a point 340 feet westerly of Station 882%00; thence easterly to a point on the centerline of said Route 63 at Station 882%00; thence easterly to a point 320 feet easterly of and opposite Station 881%00; thence northeasterly to a point 85 feet South of and opposite Prathersville Road Centerline Station 5%30; thence easterly to a point 65 feet South of and opposite Station 2%65; thence easterly to a point 60 feet South of and opposite Station 0%00; thence North 60 feet to a point on the centerline of Prathersville Road at Station 0%00; thence west along the centerline of Prathersville Road to the POINT OF BEGINNING.  Thence BEGINNING on the easterly side of said Route 63 Centerline with a width of 320 feet at Station 881%00; thence decreasing to a width of 245 feet at Station 885%25; thence decreasing to a width of 187 feet at Station 888%47.05; thence decreasing to a width of 170 feet at Station 890%00; thence decreasing to a width of 125 feet at Station 892%50; thence 125 feet in width to Station 898%00; thence increasing to a width of 160 feet at Station 903%00; thence increasing to a width of 230 feet at Station 904%50; thence 230 feet in width to Station 906%00; thence decreasing to a width of 150 feet at Station 909%00; thence increasing to a width of 170 feet at Station 911%20; thence decreasing to a width of 125 feet at Station 914%40.89; thence 125 feet in width parallel to the centerline to Station 920%00.  Thence BEGINNING on the westerly side of said Route 63 centerline with a width of 340 feet at Station 882%00; thence decreasing to a width of 280 feet at Station 885%00; thence decreasing to a width of 230 feet at Station 888%47.05; thence decreasing to a width of 185 feet at Station 892%00; thence decreasing to a width of 125 feet at Station 897%00; thence 125 feet in width to Station 901%00; thence increasing to a width of 190 feet at Station 905%20; thence decreasing to a width of 125 feet at Station 910%00; thence 125 feet in width to Station 914%40.89; thence increasing to a width of 140 feet at Station 920%00.

Also, a tract of land located in the east half of Section 30, Township 49 North, Range 12 West, Boone County, Missouri, being part of the tract described by the Warranty Deed recorded in Book 1084, Page 474 and being more particularly described as follows:

Commencing at the northeast corner of the tract shown by the survey recorded in Book 1123, Page 121; thence N89E57'20"E 102.17 feet to the east line of said tract described by the Warranty Deed recorded in Book 1084, Page 474, and the west right-of-way line of U.S. Highway 63; thence with the east line of said tract, S14E03'55"E 129.71 feet; thence S6E44'50"E 334.98 feet; thence S4E28'55"E 369.67 feet; thence S22E48'50"E 235.00 feet; thence S39E06'55"E 414.10 feet; thence S22E34'15"E 23.30 feet to the southeast corner of the tract described by the Warranty Deed recorded in Book 1603, Page 462, the POINT OF BEGINNING;

Thence from the POINT OF BEGINNING, continuing S22E34'15"E 100.26 feet; thence S1E22'00"W 8.21 feet; thence leaving said east line, 173.17 feet along an 836.96-foot radius non-tangent curve to the right, said curve having a chord, S43E38'20"W 172.86 feet; thence 141.87 feet along a 100.00-foot radius curve to the left, said curve having a chord, S8E55'25"W 130.27 feet; thence S31E43'10"E 233.59 feet; thence 77.70 feet along a 30.00-foot radius curve to the left, said curve having a chord, N74E04'50"E 57.73 feet; thence N0E07'10"W 281.95 feet to the westerly right-of-way of U.S. Highway 63 at the Oakland Gravel Road connection, being 23.05 feet right of centerline station 9+00 of said Oakland Gravel Road connection; thence with said right-of-way, N89E36'40"E 25.00 feet to the east line of said Section 30; thence leaving said right-of-way and with said section line, S0E07'10"E 449.70 feet to the east line of the survey recorded Book 1123, Page 121; thence leaving said section line and with the east line of said survey, N45E23'10"W 211.90 feet; thence N35E36'30"W 72.88 feet; thence leaving said east line, N31E43'10"W 124.02 feet; thence 21.89 feet along a 100.00-foot radius curve to the left, said curve having a chord, N37E59'30"W 21.85 feet to the east line of said survey; thence with said east line, N0E15'10"E 201.88 feet to the southwest corner of said tract described by Book 1603, Page 462; thence leaving said east line and with the south line of said tract described by Book 1603, Page 462, a distance of 27.34 feet along a 50.00-foot radius non-tangent curve to the left, said curve having a chord, N65E41'30"E 27.00 feet; thence 200.40 feet along a 746.96-foot radius curve to the left, said curve having a chord, N42E20'25"E 199.80 feet; thence N34E39'15"E 16.50 feet to the POINT OF BEGINNING and containing 1.44 acres, more or less.

    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 property described in Section 4 will be zoned and become a part of District M-1 (General Industrial District).

    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 6th day of July, 2004.