Section 107-618; Ord. 19239; Vacating a portion of unbuilt street right-of-way for Iowa Avenue; granting a variance from the Subdivision Regulations regarding turnarounds for terminal streets


Ordinance No. 19239                            Council Bill No. B 394-06

     AN ORDINANCE

vacating a portion of unbuilt street right-of-way for Iowa Avenue; granting a variance from the Subdivision Regulations regarding turnarounds for terminal streets; directing the City Clerk to have a copy of this ordinance 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 finds and determines that a portion of unbuilt street right-of-way for Iowa Avenue, more particularly described as follows:

A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 48 NORTH, RANGE 13 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI, BEING A PORTION IOWA AVENUE RIGHT-OF-WAY AND BEING FURTHER DESCRIBED AS FOLLOWS:

BEGINNING AT AN EXISTING 1/2-INCH INSIDE DIAMETER IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 40 OF CONLEY AND PERKINS SUBDIVISION OF BARKWELL FARM AS RECORDED IN PLAT BOOK 2, PAGE 24 OF THE BOONE COUNTY RECORDS, AFTER EXCEPTING THEREFROM THE THAT PART TAKEN FOR HIGHWAY PURPOSES BY THE STATE OF MISSOURI UNDER CONDEMNATION CASE NO. 42989 IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI, AS SET FORTH BY THE REPORT OF THE COMMISSIONERS RECORDED IN BOOK 287, PAGE 563, OF THE BOONE COUNTY RECORDS; THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF IOWA AVENUE, N87°14'45"W, 208.26 FEET TO THE NORTHWEST CORNER OF LOT 38 OF THE SAID CONLEY AND PERKINS SUBDIVISION, SAID CORNER BEING MARKED BY AN EXISTING 1/2-INCH DIAMETER REBAR, WHICH IS 0.03-FEET SOUTH AND 0.81-FEET EAST OF THE TRUE CORNER; THENCE N87°14'45"W, 40.03 FEET TO THE NORTHEAST CORNER OF LOT 32 OF SAID CONLEY AND PERKINS SUBDIVISION, SAID CORNER BEING MARKED BY A SET 1/2-INCH INSIDE DIAMETER IRON PIPE; THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF IOWA AVENUE, N87°14'45"W, 156.39 FEET TO THE PROLONGATION OF THE WEST LINE OF LOTS 33, 34, 35, 36, AND 37 OF SAID CONLEY AND PERKINS SUBDIVISION, SAID CORNER BEING MARKED BY A SET 1/2-INCH INSIDE DIAMETER IRON PIPE; THENCE WITH THE SAID PROLONGATION OF THE WEST LINE OF SAID LOTS 33, 34, 35, 36 AND 37, N02°43'10"W, 40.18 FEET TO THE SOUTHWEST CORNER OF LOT 33 OF SAID CONLEY AND PERKINS SUBDIVISION, SAID CORNER BEING MARKED BY AN EXISTING 1/2-INCH INSIDE DIAMETER IRON PIPE, WHICH IS 0.15-FEET NORTH OF THE TRUE CORNER; THENCE WITH THE NORTH RIGHT-OF-WAY OF IOWA AVENUE, S87°14'45"E, 403.53 FEET TO THE SOUTHEAST CORNER OF LOT 33 OF SAID CONLEY AND PERKINS SUBDIVISION, AFTER EXCEPTING THEREFROM THAT PART CONVEYED BY THE ROAD DEED RECORDED IN ROAD BOOK 3, PAGE 605 OF THE BOONE COUNTY RECORDS, SAID CORNER BEING MARKED BY AN EXISTING 1/2-INCH INSIDE DIAMETER IRON PIPE, WHICH IS 0.12-FEET EAST OF THE TRUE CORNER; THENCE WITH THE WEST RIGHT-OF-WAY LINE OF PROVIDENCE ROAD (STATE ROUTE 163), S04°21'00"E, 40.31 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16,165 SQUARE FEET (0.37 ACRES).

THE BASIS OF BEARING FOR THIS PROPERTY DESCRIPTION IS THE CENTERLINE OF PROVIDENCE ROAD AS DESCRIBED IN ROAD BOOK 3, PAGE 605 OF THE BOONE COUNTY RECORDS. THE REFERENCE BEARING IS S04°21'00"E.

is in excess and surplus to the needs of the City and is hereby vacated.

    SECTION 2.    The Subdivider of Perry Automotive Plat 3 is granted a variance from the requirements of Section 25-47(b) of the Subdivision Regulations so that construction of a cul-de-sac bulb shall not be required at the northern terminus of Illinois Avenue.

    SECTION 3.    The City Clerk is hereby authorized and directed to cause a copy of this ordinance to be recorded in the office of the Recorder of Deeds of Boone County, Missouri.

    SECTION 4.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 2nd day of October, 2006.