Section 107-307; Ord. 19029; Annexing property located on the west side of Lake of the Woods Road, south of Evergreen Acres Subdivision (2331 Lake of the Woods Road); placing the property annexed in District R-1; approving the Preliminary Plat of Forest Hills


Ordinance No. 19029                            Council Bill No. B 147-06

     AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the west side of Lake of the Woods Road, south of Evergreen Acres Subdivision (2331 Lake of the Woods Road); directing the City Clerk to give notice of the annexation; placing the property annexed in District R-1; imposing conditions; approving the Preliminary Plat of Forest Hills, Plat No. 1, a major subdivision; 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 October 24, 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 Bennie A. and Linda C. Johnston, the owners of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on January 17, 2006.  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 1-11.172 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 1-11.172.  May, 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 Northeast Quarter of Section 3, Township 48 North, Range 12 West in Boone County, Missouri, being a portion of the survey recorded in book 505 at page 133 and a portion of the deed recorded in book 506 at page 95 of said county records and being more particularly described as follows:

Starting at the Southwest corner of the Northeast Quarter of said Section 3; thence with the Quarter Section line N0°33=00@W, 847.33 feet to the southwest corner of said survey and the Point of Beginning; thence continuing with said Quarter Section line N0°33=00@W, 379.62 feet to the southwest corner of Evergreen Acres Plat No. 3 as recorded in plat book 36 at page 79 of said county records; thence leaving said Quarter Section line and with the south line of said plat N87°27=00@E, 286.30 feet to the southeast corner of said plat; thence with the east line of said plat N2°21=00@W, 185.91 feet to the northeast corner of said plat and a point on the south line of Evergreen Acres Plat No. 2 as recorded in plat book 36 at page 39 of said county records; thence with the south line of said plat N87°37=00@E, 701.44 feet; thence continuing with said south line S87°59=40@E, 1 698.84 feet to a point on the south line of Evergreen Acres as recorded in plat book 30 at page 52 of said county records; thence leaving said south line S1°46=20@E, 473.02 feet to a point on the south line of said survey; thence with said south line S86°00=40@W, 1306.11 feet; thence continuing with said south line N89°20=40@W, 1385.15 feet to the Point of Beginning and containing 33.95 acres.  This tract is subject to easements and restrictions of record.

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 Third Ward.

SECTION 7.    The Zoning District Map established and adopted by Section 294 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 annexation and zoning of the property described in Section 4 are subject to the following conditions:

A.    The first final plat of the property shall include the right-of-way for Rice Road from its current terminus to Lake of the Woods Road; and

B.    Rice Road will be constructed from its current terminus to Lake of the Woods Road before any building permit is granted for any lot in the subdivision.

    SECTION 9.    The City Council hereby approves the Preliminary Plat of Forest Hills, Plat No. 1, dated November, 2005, a major subdivision located on the west side of Lake of the Woods Road, south of Evergreen Acres Subdivision, containing approximately 33.96 acres, and hereby confers upon the subdivider the following rights for a period of seven years from the date of this approval:

A.    The terms and conditions under which the Preliminary Plat was given will not be changed.

B.    The subdivider may submit on or before the expiration date the whole or any part of the subdivision for final approval.

C.    The time for filing the final plat may be extended by the Council for a specified period on such terms and conditions as the Council may approve.

    SECTION 10.  Prior to approval of the Final Plat of this Subdivision, the subdivider shall have completed the improvements required by the Subdivision Regulations, or in lieu of completion of the work and installations referred to, present security to the City Council with surety and conditions satisfactory and acceptable to the City Council, providing for and securing the actual construction and installation of the improvements and utilities; or put the City Council in an assured position to do the work, obligating the developer to install the improvements indicated on the plat, provided that no occupancy permit will be issued to any person for occupancy of any structure on any street that is not completed in front of the property involved, or the utilities have not been installed to the satisfaction of the City.

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

PASSED this 15th day of May, 2006.