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HomeMy Public PortalAboutORD10820 BILL NO. 87-5 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. _ !, �`.1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , REPEALING SECTION 1-17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI , DEFINING THE EXISTING CITY BOUNDARY AND ENACTING A NEW SECTION PERTAINING TO THE SAME SUBJECT. WHEREAS, the City Council of the City of Jefferson did, on August 16, 1982 , duly enact Ordinance No. 9825 which described the area to be annexed, declared the annexation to be reasonable and necessary to the proper development of the City, declared that the City had developed a plan of intent to provide services to the area proposed for annexation, stated that a public hearing had been held prior to the adoption of the ordinance, declared the ordinance to be effective on December 31 , 1982 , or when approved by the voters as provided by law, whichever is later, and authorized annexation of the area; and WHEREAS, the described area to be annexed is as follows: Part of the Southwest quarter of Section 27, Township 45 North, Range 12 West, in Cole County, Missouri, and more particularly defined as being bounded by the following described line: Beginning at the point of intersection of the west line of Section 27 , Township 45 North, Range 12 West , and the northerly right-of-way line of the Missouri Pacific Railroad Main Line; thence northerly along the west line of Section 27 to the northerly right-of-way line of Missouri State Highway Route 179; thence southeasterly along said northerly highway right-of-way line to the northerly right-of-way line of the Missouri Pacific Railroad Main Line; thence westerly along said northerly right-of-way line to the point of beginning. WHEREAS, on April 21 , 1982 , notices of the annexation public hearing were sent by certified mail to all fee owners of record having property in the proposed annexation area; and WHEREAS, a public notice of the annexation hearing was published on May 7 , 1982 , in the Jefferson City Post Tribune; and WHEREAS, the public hearing was held on May 24 , 1982; and WHEREAS, the City duly filed a Declaratory Judgment Action in the 19th Judicial Circuit of the State of Missouri, which said Court , on June 20, 1986, rendered a judgment in favor of the City in a cause entitled "City of Jefferson, Missouri. vs . Ronald F. Schnieders , et al. " , CV184-139CC, finding the annexation of the unincorporated area to be reasonable and necessary to the proper development of the City of Jefferson, Missouri; and WHEREAS, the registered voters of the City, at an election held on February 3 , 1987 , approved the proposition for annexation by more than a majority of the total votes cast in the City; and WHEREAS, the registered voters of the area proposed to be annexed, at an election held on February 3 , 1987 , approved the proposition for annexation by more than a majority of the total votes cast in the area proposed to be annexed; and WHEREAS, the City has complied in all respects with 70.015 RSMo as they pertain to annexation; and WHEREAS, said annexation is now complete and said land has now become a part of the corporate city; and AU WHEREAS, the City Council of the City of Jefferson was, on January 14 , 1987 , presented a verified petition requesting that the city annex the following described unincorporated area of land contiguous to the corporate city limits: That part of Lot 11 , Mall Ridge Addition, Section One , which is located in the County of Cole, Missouri, outside the existing Jefferson City boundary, being more particularly described as follows : Beginning at the point of intersection of the corporate limits of Jefferson City, Missouri, and the easterly right-of-way line of Ventura Avenue; thence N 17° 38' 07" W along said right-of-way line to the northwest corner of said Lot 11; thence leaving said right-of-way line on a bearing of N 72° 21' 53" E along the northerly line of said Lot 11 to the northeast corner thereof; thence S 11° 45' 08" E to the existing corporate limits; thence westerly along said corporate limits to the point of beginning. and, WHEREAS , the petition requesting said annexation was signed by the owners of all fee interest of record in all real property located withi.n 'the area proposed to be annexed; and MOM =I NEW -3- WHEREAS, after giving due and legal notice , as required by law, the City Council did, on February 16 , 1987 , hold a public hearing concerning the annexation of the unincorporated area of land described above; and WHEREAS, at the above described public hearing, the City Council did provide any interested person, corporation or political subdivision with the opportunity to present evidence; and WHEREAS, after the above described public hearing, the City Council did determine that the annexation was reasonable and necessary to the proper development of the City and, further, did determine the City has the ability to furnish normal municipal services to the area within a reasonable length of time; and WHEREAS, no written objection to the proposed annexation was filed with the City Council in the seven ( 7 ) days following the public hearing; and WHEREAS, the City Council of the City of Jefferson did, on October 4 , 1984 , duly enact Ordinance No. 10296 which described the area to be annexed, declared the annexation to be reasonable and necessary to the proper development of the City, declared that the City had developed a plan of intent to provide services to the area proposed for annexation, stated that a public hearing had been held prior to the adoption of the ordinance, declared the ordinance to be effective on December 31, 1985, or when approved by the voters as provided by law, whichever is later, and authorized annexation of the area; and WHEREAS, the described area to be annexed is as follows: Land in parts of the west one-half of Section 29, in Section 30, and in the northwest quarter of Section 32 , with said sections being in Township 44 North, Range 11 West, and land in the northeast quarter of Section 25, Township 44 North, Range 12 West , in the County of Cole, Missouri, more particularly described as follows : Beginning at a point on the south line of the northwest quarter of Section 29 , Township 44 North, Range 11 West , Cole County, Missouri, where said south line intersects the center of the Moreau River; thence southerly and westerly along the center of the Moreau River through parts of Sections 29, 32 and 30 in said Township 44 North, Range 11 West , to a point in Section 30 , where the center of the Moreau River intersects the easterly line of Missouri State Route "B" , Cole County, Missouri; thence northerly along the easterly line of Aft said Route "B" to the west line of said Section 30, on the Range Line; thence southerly along the easterly line of Township 44 North, Range 12 West , to a point 475 feet south of the south line of the north half of the northeast quarter of Section 25, Township 44 North, Range 12 West, Cole County, Missouri; thence westerly parallel to the south line of the north half of the northeast quarter of said Section 25, to the west line of the southeast quarter of the northeast quarter; thence north along the quarter quarter section line, 475 feet to the southeast corner of the northwest quarter of the northeast quarter of said Section 25; thence westerly along the southerly line of the northwest quarter of the northeast quarter, to the southwest corner thereof; thence northerly along the quarter section line to the north line of said Section 25, Township 44 North, Range 12 West , Cole County, Missouri; thence easterly along the north line of Section 25, south line of Section 24 , Township 44 North, Range 12 West, and the easterly extension thereof, to a point on the west line of Lot 12 , Iven' s Addition, as recorded in Plat Book 8, Page 115 , Cole County Recorder' s Office, and being in Section 30, Township 44 North, Range 11 West, Cole County, Missouri; thence S 03° 22 ' E, to the southwest corner of said Lot 12; thence N 85° 30' E, 150 .0 feet to the southeast corner of satid Lot 12; thence N 03° 22 ' W, along the east line of said Lot 12 to its point of intersection with the easterly extension of the south line of Section 24 , Township 44 North, Range 12 West, in said Section 30; thence easterly along said easterly extension to the west line of Lot 13 of said Iven' s Addition; thence S 030 22 ' E, along said west line to the southwest corner of said Lot 13; thence N 86° 38' E, 168.51 feet to the southeast corner of said Lot 13; thence N 17° 03' 22" E, along the easterly line of said Lot 13 to said easterly extension of the south line of said Section 24; thence easterly along said easterly extension of the south line of said Section 24 to a point 880 feet west of the east line of said Section 30; thence southerly, 880 feet west of and parallel to the east line of said Section 30, to the south line of the northeast quarter of said Section 30; thence easterly along the south line of the northeast quarter of said Section 30, and the south line of the northwest quarter of Section 29 , Township 44 North, Range 11 West, Cole County, Missouri, to the center of the Moreau River and the point of beginning for this description. -5- WHEREAS, on August 10 , 1984 , notices of the annexation public hearing were sent by certified mail to all fee owners of record having property in the proposed annexation area; and WHEREAS, a public notice of the annexation hearing was published on September 7, 1984 , in the Jefferson City Post Tribune; and WHEREAS, the public hearing was held on October 1 , 1984 ; and WHEREAS, the City duly filed a Declaratory Judgment Action in the 19th Judicial Circuit of the State of Missouri, which said Court, on June 20, 1986 , rendered a judgment in favor of the City in a cause entitled, "City of Jefferson, Missouri vs. Susan L. Adams, et al. " , CV185-593CC, finding the annexation of the unincorporated area to be reasonable and necessary to the proper development of the City of Jefferson, Missouri; and WHEREAS, the registered voters of the City and registered voters of the area proposed to be annexed at an election held on April 7 , 1.987 , approved the proposition for annexation by more than a two-thirds majority; and WHEREAS , the City has complied in all respects with 70. 015 RSMo as they pertain to annexation; and WHEREAS, said annexation is now complete and said land has now become a part of the corporate city: NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. Section 1-17 of the Code of the City of Jefferson, Missouri, is hereby repealed and a new Section 1-17 is hereby enacted, which shall read as follows : Section 1-17. City Boundaries. The limits and boundaries of the city are extended, defined and declared to be as follows , in the counties of Cole and Callaway, in the State of Missouri: Beginning in the center of the Missouri River at a point on the extension northerly of the westerly line of Private Survey #2680; thence southerly along the said northerly extension and the westerly line of Private Survey #2680 to the southeasterly corner of Private Survey #2701; thence southwesterly in a direct line to the southerly right-of-way line of U. S . Route #50, at Station 225+00 [Mo. Project F-1 ( 12 ) ] ; thence westerly along the -6- southerly right-of- way line of the aforementioned U. S. Route #50 to the following described point : Beginning at the Southwest corner of the Northwest Quarter of the Southwest Quarter. of Fractional Section 21 , Township 44 North, Range 11 West in the County of Cole , Missouri; thence N 820 59 ' 50" E, along the Quarter Quarter Section Line, 5418. 61 feet; thence N 31" 22 ' 23" W, 47 . 13 feet; thence N 15° 44 ' 20" W, 124 . 39 feet; thence N 360 54 ' 15" W, 131 .06 feet; thence N 500 11 ' 26" W, 125 .22 feet; thence S 860 24 ' 52" W, 614 .70 feet; thence N 59° O1 ' 55" W, 602 .81 feet; thence N 3° 381 05" E, 206 .80 feet to the southerly line of U. S. Route 50 and 63; thence, S 3" 38' 05" W, 206 .8 feet; thence S 590 Ol ' 55" E, 602 .81 feet; thence N 860 24 ' 52" E, 614 . 70 feet; thence S 50° 11 ' 26" E, 125 .22 feet; thence S 360 54 ' 15" E, 131 .06 feet; thence S 15° 44 ' 20" E, 124 . 39 feet; thence S 310 22 ' 23" E, 47 . 13 feet to the Quarter Quarter Section line of the above described Fractional Section 21 ; thence S 82° 59' 50" W, 4918. 61 feet ; thence N 14° 04 ' 13" W, 528.42 feet; thence S 820 59 ' 50" W, 410. 00 feet to the western Section line of the above described Fractional Section 21 ; thence northerly along the Section line to the northeast corner of Fractional Section 20, Township 44 North, Range 11 West , in the County of Cole, Missouri; thence west along the north line of Fractional Section 20 to the east line of the northwest quarter of the southwest quarter of Fractional Section 20, Township 44 , Range 11; thence south to the northeast corner of the northwest quarter of the northwest quarter of Section 29 , Township 44 , Range 11; thence continuing south along the east line of the northwest quarter of the northwest quarter of said section, 660 feet; thence west parallel to the north line of said Section 29 to the center of the Moreau River; thence southerly and westerly along the center of the Moreau River through parts of Sections 29 , 32 and 30 in said Township 44 North, Range 11 West, to a point in Section 30, where the center of the Moreau River intersects the easterly line of Missouri. State Route "B" , Cole County, Missouri; thence northerly along the easterly line of said Route "B" to the west line of said Section 30, on the Range Line; thence southerly along the easterly line of Township 44 North, Range 12 West , to a point 475 feet south of the south line of the North Half of the Northeast Quarter of Section 25, Township 44 North, Range 12 West , Cole County, Missouri; thence westerly parallel to the south line of the North Half of the Northeast Quarter of said Section 25, to the west line of the Southeast Quarter of the Northeast Quarter; thence north along the Quarter Quarter Section Line, 475 feet to the southeast corner of the Northwest Quarter of the Northeast Quarter of said Section 25; thence westerly along the southerly line of the Northwest Quarter of the Northeast Quarter, to the southwest corner thereof; thence northerly along the Quarter Section Line, to the north line of said Section 25; thence westerly along the -7- north line of said Section 25 to the southwest corner of the southeast quarter of Section 24 , Township 44, Range 12 ; thence westerly to the southeast corner of the southwest quarter of the southwest quarter of Section 23 , Township 44 , Range 12 ; thence northerly along the quarter quarter section line of said Section 23 to the north right-of-way line of Yorktown Drive; thence westerly along the north right-of-way line of Yorktown Drive to the easterly right-of-way line of Rolling Hills Drive; thence northwesterly along the easterly right-of-way line of Rolling Hills Drive to the south line of Section 14 , Township 44 , Range 12 ; thence easterly along said south line to the southeast corner of the southwest quarter of the southwest quarter of said Section 14; thence northerly along the quarter quarter section lines of Sections 14 and 11 to the northeast corner of the southwest quarter of the southwest quarter of Section 11; thence westerly along the quarter quarter section lines of Sections 11 and 10, to the northeast corner of the southeast quarter of the southeast quarter of Section 9 , Township 44 North, Range 12 West; thence southerly along the east lines of Sections 9 and 16 -to the southeast corner of the northeast quarter of the northeast quarter of Section 16; thence westerly along the quarter quarter section lines of Sections 16 and 17 to the northwest corner of the southeast quarter of the northeast quarter of Section 17; thence southerly to the southwest corner of the southeast quarter of the northeast quarter of Section 17; thence westerly along the quarter section line of Section 17 to the easterly right-of-way line of Fairgrounds Road; thence southwesterly along said right- of-way line to its intersection with the westerly line of the northeast quarter of the southwest quarter of Section 17; thence southerly along the quarter quarter section line to the south line of Section 17 ; thence westerly along the section line to the easterly right-of-way line of South Country Club Drive; thence northerly along said right-of-way line to its point of intersection with the northerly right-of-way line of Scruggs Station Road; thence westerly across South Country Club Drive to the point of intersection of the westerly right-of-way line of South Country Club Drive and the northerly right-of-way line of Scruggs Station Road; thence westerly along the northerly right- of-way line of Scruggs Station Road to its point of intersection with the east line of the northwest quarter of the southeast quarter of Section 18; thence on a bearing of N 40 37 ' W to the southerly . property line of Modine Manufacturing Company, Inc. , which is also the center line of the abandoned railroad; thence on a bearing of N 88° 35' 39" W for a distance of 695.0 feet; thence on a bearing of N V 34 ' 01" W, to the southerly right-of- way line of Old Lohman Road; thence easterly along said right-of- way line to the western line of Section 17; thence northerly along the section line to the northwest corner of Section 17; thence easterly along the section line to the westerly right-of- -S- AgRA way line of South Country Club Drive; thence northeasterly along said right-of-way line to the east line of the southeast quarter of the southwest quarter of Section 8; thence northerly along the quarter_ section line to the northwest corner of the southwest quarter of the southeast quarter of Section 8; thence northerly along the quarter section line of Section 8 to the north line of Section 8; thence easterly along the north line of Sections 8 and 9 to a point on the centerline of the southwest quarter of the southwest quarter of Fractional Section 4 ; thence northerly along the centerline of the southwest quarter of the southwest quarter of said Fractional Section 4 to the quarter quarter section line in the southwest quarter thereof; thence easterly along the quarter quarter section line to the easterly right-of- way line of Ventura Avenue; thence N 17° 38' 07" W along said right-of-way line to the northwest corner of said Lot 11 ; thence leaving said right-of-way line on a bearing of N 72° 21 ' 53" E along the northerly line of said Lot 11 to the northeast corner thereof; thence S 110 45' 08" E to the quarter quarter section line in the southwest quarter of Fractional Section 4 ; thence easterly along said quarter quarter section line to the center of the southwest quarter of said Fractional Section 4; thence northerly along the quarter quarter section line to the north line of Mall Ridge Addition, Section 3, as recorded in Plat Book 11 , Page 93 , Cole County Recorder' s Office; thence on the following courses and distances : S 860 52 ' 59" W, 166.77 feet; N 160 07' 01" W, 310. 00 feet; N 420 05 ' 01" W, 336.49 feet ; N 62° 02 ' 08" W, 862 .00 feet, to the north line of the southwest quarter of said Fractional Section 4 ; thence easterly along the quarter section line of Fractional Section 4 to the northwest corner of the northeast quarter of the southeast quarter of said Fractional Section 4 ; thence north along the quarter quarter section line to the north line of said Fractional Section 4 ; thence easterly along the northerly line of said Fractional Section 4 to the northeast corner thereof on the Township line; thence N 84" 23 ' 05" E, along the Township line between Townships 44 and 45 , 305 .99 feet ; thence N 050 12 ' 06" W, 682 .31 feet to the northwest corner of the south one-half of the southeast quarter of the southeast quarter of Section 33 , Township 45 North, Range 12 West; thence N 850 01 ' 11" E, 1370 .00 feet along the north line of said south half of the southeast quarter of the southeast quarter of said Section 33 to the westerly line of Section 34 , Township 45 North, Range 12 West; thence northerly along the westerly line of Section 34 and Fractional Section 27 , Township 45 , Range 12 , to the northerly right-of-way line of Missouri State Highway Route 179; thence southeasterly along said northerly highway right-of-way line to the northerly right-of-way line of the Missouri Pacific Railroad Main Line; thence easterly along the northerly right-of-way line of the Missouri Pacific AdIk Railroad Main Line to the northerly line of the south half of -9- Section 35, Township 45, Range 12; thence east along said quarter section line and the extension thereof to the center of the Missouri River on the county line between Cole County and Callaway County; thence southeasterly along and with the center of the Missouri River to a point on a line that lies perpendicular to the centerline of the Missouri River which extends to the intersection of the north bank of the Missouri River and the east bank of Turkey Creek (formerly Cedar Creek) ; thence perpendicular to the centerline of the Missouri River to the intersection of the north bank of the Missouri River and the east bank of Turkey Creek ( formerly Cedar Creek) ; thence northeasterly along the east bank of Turkey Creek ( formerly Cedar Creek) to the corporate limits of Cedar City, Missouri; thence along the corporate limits of Cedar City, Missouri, in a counter- clockwise direction to a point that lies 200 feet northerly of old U. S. Route #63 and on the east bank of Turkey Creek ( formerly Cedar Creek) ; thence northerly and easterly along the east and south banks of Turkey Creek (formerly Cedar Creek) to its intersection with the south bank of the Halifax Diversion Channel; thence southeasterly along the south bank of the Halifax Diversion Channel to its intersection with the toe of the bluff, said intersection being approximately 300 feet east of the centerline of U. S. Route 54 and approximately 900 feet north of the center line of the M. K. & T. Railroad; thence continuing southeasterly along the toe of the bluff , to the north-south quarter quarter section line in the west half of Section 11 , Township 44 North, Range 11 West; thence southerly along the quarter quarter section lines of Sections 11, 14 , and 23 of Township 44 North, Range 11 West , to the centerline of the Missouri River; thence southeasterly along and with the centerline of the Missouri River to the point of beginning. Section 2 . This ordinance shall be in full force and effect from and after its date of passage and approval. Passed: Approved: -'2 _ r *ao P esiding cer ATTEST: City Clerk