Section 101-455 Ord. 16573; Acquisition of Property from Windermere Drive, West 1,600 feet RE: Smith Drive Improvement Project


Ordinance No.            16573              Council Bill No.           B 267-00            

AN ORDINANCE

declaring the need to acquire land described herein necessary to construct Smith Drive improvements from Windermere Drive west 1,600 feet; 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 land for permanent street easements, permanent drainage easements and temporary construction easements (which shall include the right to permanently alter the grade) to construct Smith Drive improvements from Windermere Drive west 1,600 feet.  The land to be acquired is in the northwest quarter and the southwest quarter of Section 17, Township 48 North, Range 13 West in the City of Columbia, Boone County, Missouri, more particularly described as follows:

<LEGAL DESCRIPTION FOR STREET EASEMENT
OWNER:    LILLIE BEATRICE SMITH, TRUSTEE OF THE GLENN T. SMITH TRUST DATE NOVEMBER 8, 1990 AND LILLIE BEATRICE SMITH, TRUSTEE OF THE LILLIE BEATRICE SMITH TRUST DATED NOVEMBER 8, 1990


A TRIANGULAR TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 17-48-13; THENCE WITH THE QUARTER SECTION LINE, N84E38'45"W, 397.95 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING, CONTINUING N84E38'45"W, 1.52 FEET; THENCE LEAVING SAID QUARTER SECTION LINE, N5E21'15"E, 16.00 FEET TO THE WEST LINE OF STONERIDGE ESTATES PLAT 3, RECORDED IN PLAT BOOK 33, PAGE 35; THENCE WITH SAID WEST LINE, S0E08'10"E, 16.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 12 SQUARE FEET.

<LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
OWNER:    LILLIE BEATRICE SMITH, TRUSTEE OF THE GLENN T. SMITH TRUST DATE NOVEMBER 8, 1990 AND LILLIE BEATRICE SMITH, TRUSTEE OF THE LILLIE BEATRICE SMITH TRUST DATED NOVEMBER 8, 1990


A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SECTION 17-48-13; THENCE WITH THE QUARTER SECTION LINE, N84E38'45"W, 399.47 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING, CONTINUING N84E38'45"W, 75.00 FEET; THENCE LEAVING SAID QUARTER SECTION LINE, N5E21'15"E, 33.00 FEET; THENCE S84E38'45"E, 73.35 FEET TO THE WEST LINE OF STONERIDGE ESTATES PLAT 3, RECORDED IN PLAT BOOK 33, PAGE 35; THENCE WITH SAID WEST LINE, S0E08'10"E, 17.08 FEET; THENCE LEAVING SAID WEST LINE, S5E21'15"W, 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 2460 SQUARE FEET.


<LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
OWNER:    ERNEST W. SMITH AND/OR OPAL E. SMITH, CO-TRUSTEES OF THE ERNEST W. SMITH TRUST ESTABLISHED BY REVOCABLE TRUST INDENTURE DATED JULY 29, 1997 AND OPAL E. SMITH AND/OR ERNEST W. SMITH, CO-TRUSTEES OF THE OPAL E. SMITH TRUST ESTABLISHED BY REVOCABLE LIVING TRUST INDENTURE DATED JULY 29, 1997.

A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SECTION 17-48-13; THENCE WITH THE QUARTER SECTION LINE, S0E07'40"E, 33.15 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING, CONTINUING S0E07'40"E, 50.23 FEET; THENCE LEAVING SAID QUARTER SECTION LINE, N84E38'45"W, 114.80 FEET; THENCE N5E21'15'E, 25.00 FEET; THENCE N84E38'45"W, 144.16 FEET; THENCE N59E42'15"W, 18.97 FEET; THENCE N84E38'45"W, 206.28 FEET; THENCE N5E21'15"E, 50.00 FEET TO THE QUARTER SECTION LINE; THENCE WITH SAID QUARTER SECTION LINE S84E38'45"E, 75.00 FEET; THENCE S5E21'15"W, 25.00 FEET; THENCE S84E38'45"E, 131.28 FEET; THENCE S59E42'05"E, 18.97 FEET; THENCE S84E38'45"E, 254.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 16,685 SQUARE FEET.


<LEGAL DESCRIPTION FOR STREET EASEMENT

OWNER:    ERNEST W. SMITH AND/OR OPAL E. SMITH, CO-TRUSTEES OF THE ERNEST W. SMITH TRUST ESTABLISHED BY REVOCABLE TRUST INDENTURE DATED JULY 29, 1997 AND OPAL E. SMITH AND/OR ERNEST W. SMITH, CO-TRUSTEES OF THE OPAL E. SMITH TRUST INDENTURE DATED JULY 29, 1997


A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTER OF SECTION 17-48-13; THENCE WITH THE QUARTER SECTION LINE, S0°07'40"E, 33.15 FEET; THENCE LEAVING SAID QUARTER SECTION LINE, N84°38'45"W, 254.16 FEET; THENCE N59°42'05"W, 18.97 FEET; THENCE N84°38'45"W, 131.28 FEET; THENCE N5°21'15"E, 25.00 FEET TO QUARTER SECTION LINE; THENCE WITH SAID QUARTER SECTION LINE, S84°38'45"E, 399.47 FEET TO THE POINT OF BEGINNING AND CONTAINING 12,120 SQUARE FEET.

<LEGAL DESCRIPTION FOR DRAINAGE EASEMENT

OWNER:    ERNEST W. SMITH AND/OR OPAL E. SMITH, CO-TRUSTEES OF THE ERNEST W. SMITH TRUST ESTABLISHED BY REVOCABLE TRUST INDENTURE DATED JULY 29, 1997 AND OPAL E. SMITH AND/OR ERNEST W. SMITH, CO-TRUSTEES OF THE OPAL E. SMITH TRUST ESTABLISHED BY REVOCABLE LIVING TRUST INDENTURE DATED JULY 29, 1997


A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SECTION 17-48-13; THENCE WITH THE QUARTER SECTION LINE, N84°38'45"W, 399.47 FEET; THENCE LEAVING SAID QUARTER SECTION LINE, S5°21'15"W, 25.00 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, S84°38'45"E, 25.00 FEET; THENCE S5°21'15"W, 25.00 FEET; THENCE N84°38'45"W, 50.00 FEET; THENCE N5°21'15"E, 25.00 FEET; THENCE S84°38'45"E, 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1250 SQUARE FEET.

    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 5th day of September, 2000.