Section 110-137; Ord. 20221; Extending the corporate limits of the City of Columbia by annexing property located on the south side of Heller Road, east of Ewing Industrial Park and west of Rogers Road; placing the property annexed in District M-C and District A-1


Ordinance No. 20221                            Council Bill No. B 61-09

     AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the south side of Heller Road, east of Ewing Industrial Park and west of Rogers Road; directing the City Clerk to give notice of the annexation; placing the property annexed in District M-C and District A-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 January 28, 2009, 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 Randy Adams, member of Grindstone Investments, LLC, the owner of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on March 16, 2009.  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 1-11.204 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 1-11.204. April, 2009 Extension of Corporate Limits.

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

The tract described in Exhibit “A” of the warranty deed in Book 3403 at Page 31 of the Boone County Records.

EXCEPT that part already within the corporate limits of the City of Columbia

ALSO

The tract described in the first paragraph of Exhibit “A” of the warranty deed in Book 2831 at Page 84 of the Boone County Records, said tract being described as follows:

A tract of land containing 242.86 acres, more or less, located in the South Half (S 1/2) of Section Fifteen (15), and in the Northeast Quarter (NE 1/4) of Section Twenty-two (22), all in Township Forty-nine (49) North, Range Twelve (12) West, of the Fifth (5 th) Principal Meridian, in Boone County, Missouri, as shown and described by the survey thereof recorded August 9, 2005 as Instrument No. 2005023222 in Book 2788, Page 41, Records of Boone County, Missouri.

EXCEPT that part already within the corporate limits of the City of Columbia and EXCEPT the tract described in the warranty deed in Book 3403 at Page 33.

    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 and three certified copies with the Assessor 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 following described property:

A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 15, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2831, PAGE 84 AND PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 2788, PAGE 41 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTER OF SAID SECTION 15-49-12; THENCE WITH THE QUARTER SECTION LINE, N89°59’ 50”E, 453.23 FEET; THENCE LEAVING SAID QUARTER SECTION LINE, S0°00’ 10”E, 1525.00 FEET; THENCE S61°44’ 25”W, 1079.10 FEET TO THE NORTHEAST LINE OF THE SURVEY RECORDED IN BOOK 2401, PAGE 39 THENCE WITH SAID NORTHEAST LINE, N41°57’ 35”W, 92.38 FEET TO THE NORTHEAST CORNER OF SAID SURVEY; THENCE WITH THE NORTH LINE THEREOF, N89°07’ 15”W, 825.10 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 15-49-12; THENCE LEAVING SAID NORTH LINE AND WITH SAID WEST LINE, N0°52’ 45”E, 1956.17 FEET TO THE NORTHWEST CORNER THEREOF; THENCE WITH THE QUARTER SECTION LINE, S89°56’ 35”E, 1353.95 FEET TO THE POINT OF BEGINNING AND CONTAINING 78.17 ACRES.

will be zoned and become a part of District M-C (Controlled Industrial District).

    SECTION 8.    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 following described property:

A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 15, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2831, PAGE 84 AND PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 2788, PAGE 41 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 15-49-12; THENCE WITH QUARTER SECTION LINE, N89°59’ 50”E, 453.23 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, CONTINUING, N89°59’ 50”E, 2179.60 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 15; THENCE WITH THE EAST LINE OF SAID SECTION 15, S0°43’ 55”W, 901.55 FEET TO A POINT IN THE CENTER OF ROGERS ROAD; THENCE LEAVING SAID SECTION LINE AND WITH THE CENTER OF ROGERS ROAD, 58.33 FEET ALONG A 350.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S21°47’ 30”W, 58.26 FEET; THENCE S26°34’ 00”W, 791.45 FEET; THENCE 223.83 FEET ALONG A 225.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S1°55’ 55”E, 214.71 FEET; THENCE S30°25’ 50”E, 46.65 FEET TO THE CENTER OF HINKSON CREEK; THENCE LEAVING SAID CENTER OF ROGERS ROAD AND WITH THE CENTER OF HINKSON CREEK, S41°09’ 00”W, 165.60 FEET; THENCE S8°02’ 00”W, 185.00 FEET; THENCE S50°40’ 30”W, 115.00 FEET; THENCE S67°20’ 30”W, 115.00 FEET; THENCE S79°32’ 00”W, 340.00 FEET; THENCE S74°39’ 30”W, 400.00 FEET; THENCE S65°40’ 30”W, 270.00 FEET; THENCE S76°46’ 00”W, 295.00 FEET; THENCE S52°16’ 00”W, 62.00 FEET TO THE SOUTH LINE OF SAID SECTION 15; THENCE LEAVING SAID CENTER OF HINKSON CREEK AND WITH SAID SECTION LINE, S87°28’ 00”W, 500.30 FEET TO THE EAST LINE OF THE SURVEY RECORDED IN BOOK 2401, PAGE 39; THENCE LEAVING SAID SECTION LINE AND WITH SAID EAST LINE, N41°57’ 35”W, 959.80 FEET; THENCE LEAVING SAID EAST LINE, N61°44’ 25”E, 1079.10 FEET; THENCE N0°00’ 10”W, 1525.00 FEET TO THE POINT OF BEGINNING, EXCEPT THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 3403, PAGE 33, AND CONTAINING 129.17 ACRES.

will be zoned and become a part of District A-1 (Agricultural District).

    SECTION 9.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 6th day of April, 2009.