Section 107-206; Ord. 18963; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the east side of Howard Orchard Road, north of State Route KK; placing the property annexed in District R-1; authorizing a development agreement


Ordinance No. 18963                            Council Bill No. B 437-05 A

     AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the east side of Howard Orchard Road, north of State Route KK; directing the City Clerk to give notice of the annexation; placing the property annexed in District R-1; authorizing a development agreement; setting forth a condition of approval; directing the city clerk to have the development agreement recorded; 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 September 27, 2005, 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
George P. Wilson, trustee of the George P. Wilson trust, 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 November 21, 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 1-11.169 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 1-11.169.  April, 2006 Extension of Corporate Limits.

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

A tract of land located in the west fractional half of Section 5,
Township 47 North, Range 13 West, in Boone County, Missouri and
including Tract 1 of survey recorded in Book 636 at Page 465 of said
county records and being further described as follows:

Beginning at the West Quarter Corner of said Section 5; thence with the quarter section line N89°25’ 20”E, 600.00 feet to the northwest corner of said Tract 1; thence along the boundary of said tract S2°49’ 40”E, 303.51 feet; thence S89°38’ 40”E, 693.93 feet to the westerly right-of-way of MO Route KK; thence with said right-of-way along a curve to the right having a radius of 411.97 feet for an arc length of 407.05 feet, the long chord bears N35°47’ 40”E, 390.70 feet; thence S89°25’ 20”W, 103.15 feet; thence leaving said boundary N0°08’ 00”E, 3442.05 feet; thence S89°43’ 00”W, 1433.88 feet to the west side of said Section 5; thence with said section line S0°08’ 20”W, 3449.38 feet to the Point of Beginning and containing 118.94 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-1 (One-Family Dwelling District).

    SECTION 8.    The City Manager is hereby authorized to execute a development agreement with James and Kathy Frech, Robert Conrad and the George P. Wilson Trust relating to the annexation of property located on the east side of Howard Orchard Road, north of State Route KK.  The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 9.    The annexation and zoning of the property described in Section 4 are subject to the condition that all plats on this property shall be interconnected by streets.

    SECTION 10.  The City Clerk is authorized and directed to have a certified copy of the development agreement recorded in the office of the Boone County Recorder of Deeds.

    SECTION 11.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 3rd day of April, 2006.