Section 101-365 Ord. 16520; Acquisition of Land and Easements RE: Sunflower Street Improvement Project, from State Route E to Mayberry Drive


Ordinance No.            16520              Council Bill No.           B 213-00            

AN ORDINANCE

declaring the need to acquire additional land and easements to construct the Sunflower Street improvement project from State Route E to Mayberry Drive; authorizing acquisition by negotiation or, if necessary, by condemnation; authorizing the City Manager to obtain and execute all instruments necessary for acquisition of such land; and fixing the time when this ordinance shall become effective.

    WHEREAS, the Constitution and Statutes of the State of Missouri and the Home Rule Charter for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent domain, within or without the City, and among other things, to acquire, and maintain any property, real or personal within or without the City for all public uses or purposes, and to acquire, receive and hold any estate or interest in any such property; and

    WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION l.  The City Council hereby declares the need to acquire additional land in fee simple title and for permanent street easements including abutters rights of access to construct the Sunflower Street improvement project from State Route E to Mayberry Drive.  The land to be acquired is in the northeast quarter of Section 4, Township 48 North, Range 13 West in the City of Columbia, Boone County, Missouri, more particularly described as follows:

<FEE SIMPLE TITLE
Valley View Community Church of Boone County, Missouri
Project: Sunflower Street–32-36-95

A parcel of land in the northeast corner of the tract described in the deed in Book 1071 at page 800 of the Boone County Records; situate in the northeast corner of the southeast quarter of Section 4, Township 48 North, Range 13 West in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said tract, being also the northeast corner of said southeast quarter and the northwest corner of Lot 244 of Valley View Gardens, Plat 8 as recorded in Plat Book 10 at page 103 of said county records; thence along the north line of said tract being also the quarter section line, N.84°40'25"W., 8.82 feet to the proposed southeasterly line of Sunflower Street; thence along said proposed line on a curve to the right having a radius of 87.00 feet, a distance of 8.84 feet, the chord of said curve having bearing and distance of S.52°58'20"W., 8.84 feet; thence leaving said proposed line, S.48°31'20"E., 20.67 feet to the section line being also the east line of said tract and the west line of said Lot 244; thence along said line, N.1°05'40"E., 18.20 feet to the POINT OF BEGINNING and containing 170 square feet.


<PERMANENT STREET EASEMENT (Tracts 1 and 2) AND ABUTTER’S RIGHTS OF ACCESS (Tract 2)
Valley View Community Church
Project:  32-36-95  Sunflower Street Improvement Project

Two tracts of land being part of the property conveyed to Valley View Community Church by instrument recorded in Deed Book 1071 Page 800 of the Boone County records situate in the City of Columbia, Boone County, Missouri being more particularly described as follows:


Tract 1

Beginning at the intersection of the intersection of the north line of said property and the south line of property conveyed to Dale R. Wesselmann, Et al. in Deed



Book 1378 Page 234 thence along said north line S 84°40’25” E 119.81 feet to a point; thence around a curve to the right having a radius of 329.00, an arc distance of 120.77 feet, a chord bearing S 84°14’10” W 120.09 feet to a point on the west line of said property; thence along said west line N 00°29’10” E 23.18 feet to the Point of Beginning and containing 1828 square feet inclusive of 1566 square feet in existing roadway.


Tract 2
Commencing at the intersection of north line of said property, being also the south line of property conveyed to Walter J. and Mildred M. Wesselmann, Trustees By Deed Book 1378 Page 234, and the east line of said property, being also the west line of Valley View Gardens Subdivision, thence along said north line N 84°42’00” W 8.32 to the Point of Beginning; thence departing said north line around a curve to the right having a radius of 87.00, an arc distance of 68.88 feet, a chord bearing S 72°44’40” W 67.10 feet; thence N 84°34’20” W 43.01 feet; thence around a curve to the right having a radius of 72.00, an arc distance of 50.87, a chord bearing  N 64°19’55” W 49.82 to a point; thence N 44°05’30” W 12.87 feet to a point on the north line of said property; thence along said north line S 84°40’25” E 161.46 feet to the Point of Beginning and containing 3193 square feet inclusive of 2027 square feet in existing roadway.

Grantors, their heirs, successors and assigns do hereby further convey and relinquish to the City all abutter’s rights of direct access between their remaining property as described in Deed Book 1071 at page 800 and the parcel described as Tract 2and any right-of-way or drive located on Tract 2, above, except as may be approved by ordinance duly passed by the City Council of the City of Columbia.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section l by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all licenses, easements, deeds and other instruments necessary to acquire the land described in Section 1.

    SECTION 4.  If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a nonresident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th day of July, 2000.