Section 106-078; Ord. 18408; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the west side of Bethel Church Road, south of Old Plank Road; placing the property annexed in District R-3


Ordinance No.            18408                      Council Bill No.             B 31-05          


AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the west side of Bethel Church Road, south of Old Plank Road; directing the City Clerk to give notice of the annexation; placing the property annexed in District R-3; 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 December 10, 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 a representative of Breakthrough Construction, Inc., the sole owner of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on February 7, 2005.  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 1-11.145 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 1-11.145. February, 2005 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 2, TOWNSHIP 47 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, BEING LOT 4 AND LOT 3, EXCEPT THE NORTH (4) FOUR FEET, OF WALNUT BROOK SUBDIVISION NO. 3 RECORDED IN PLAT BOOK 11, PAGE 234 THE VACATED RIGHT-OF-WAY OF BRANCH DRIVE AND PART OF THE TRACT OF LAND DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 421, PAGE 764, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE WITH THE NORTH LINE OF SAID LOT, S89º06’15”E, 111.26 FEET TO THE NORTHWEST CORNER OF THE QUIT-CLAIM DEED RECORDED IN BOOK 2168, PAGE 488; THENCE LEAVING SAID NORTH LINE AND WITH THE LINES OF SAID QUIT-CLAIM DEED, S0º25’50”E, 4.00 FEET; THENCE S89º06’15”E, 121.98 FEET TO THE EAST LINE OF LOT 3 AS SHOWN IN SAID PLAT; THENCE LEAVING THE LINES OF SAID QUIT-CLAIM DEED AND WITH THE EAST LINE OF SAID LOT 3, S0º53’45”W, 122.66 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE LEAVING SAID EAST LINE, S0º44’55”E, 50.91 FEET; THENCE N78º25’45”E, 26.72 FEET TO THE NORTHEAST CORNER OF LOT 1 AS SHOWN IN WALNUT BROOK SUBDIVISION PART 1 RECORDED IN PLAT BOOK 10, PAGE 147; THENCE WITH THE LINES OF SAID PLAT, S65º44’05”W, 235.75 FEET; THENCE S0º21’00”W, 140.00 FEET; THENCE S69º13’25”W, 611.09 FEET TO THE NORTHWEST CORNER OF LOT 15 AS SHOWN IN WALNUT BROOK SUBDIVISION PLAT NO.2 RECORDED IN PLAT BOOK 11, PAGE 127, SAID POINT ALSO BEING ON THE EAST LINE OF KYD SUBDIVISION RECORDED IN PLAT BOOK 32, PAGE 63; THENCE WITH SAID EAST, LINE N0º04’30”E, 345.52 FEET TO THE SOUTH LINE OF THE SURVEY RECORDED IN BOOK 350, PAGE 398; THENCE WITH THE SOUTH LINE OF SAID SURVEY, N78º37’35”E, 539.36 FEET TO THE SOUTHWEST CORNER OF LOT 4 AS SHOWN IN WALNUT BROOK PLAT NO. 3; THENCE WITH THE WEST LINE OF SAID LOT, N0º05’00”W, 177.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.01 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 Fifth 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 R-3 (Medium Density Multiple-Family Dwelling District).
    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 21st day of February, 2005.