Section 102-012 Ord. 16731; Authorizing Acquisition of Easements RE: Construction of the H-21 Sewer Extension and H-21D Sewer, and 80-acre Point Sanitary Sewer Serving Evergreen Acres Subdivision

declaring the need to acquire easements necessary to construct the H-21 Sewer Extension and H-21D Sewer, an 80-acre point sanitary sewer serving the Evergreen Acres Subdivision; 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.

SECTION l. The City Council hereby declares the need to acquire land for the construction of the H-21 Extension and H-21D Sewer, an 80-acre point sanitary sewer serving the Evergreen Acres Subdivision described as follows:

A temporary construction easement, 30 feet north of and 20 feet south of the centerline of a strip of land, 16 feet wide, located in the northeast quarter of the southeast quarter of Section 3, Township 48 North, Range 12 West, Boone County, Missouri, in the northeast part of Tract 1 of the two-tract survey recorded in Book 1089, Page 830, the centerline of said strip being that which is described by the sewer easement recorded in Book 942, Page 867, both of the Boone County records, excepting therefrom, any structures contained in said temporary easement, and which upon completion of sewer construction, the easement rights in said temporary easement shall cease and be no longer in effect.

A strip of land, 16 feet wide, located in the south half of the northeast quarter of Section 3, Township 48 North, Range 12 West, Boone County, Missouri, across the stem part of Tract A and across Tract B of the two-tract survey shown by exhibit A-1 of the survey recorded in Book 497, Page 231 of the Boone County records, the centerline of said strip being described as follows:

Starting at the northeast corner of Lot 161 of Waters Edge Estates, Block IV, Boone County, Missouri, as shown by a subdivision plat recorded in Plat Book 14, Page 30, and being S0°-23'E, along the east line of said Section, 1853.60 feet and S87°-23'-30"W 1306.15 feet from the northeast corner of said Section 3-48-12; thence N87°-58'W, along the north line of said Lot and said Block IV, 205.20 feet to the northwest corner of said Lot and the northeast corner of the right-of-way of Waterfront Drive North; thence, continue N87°-58'W, along the north right-of-way line of said Drive and the north line of Waters Edge Estates, Block II, as shown by a subdivision plat recorded in Plat Book 14, Page 13, 288.50 feet to the northeast corner of Edgewater Condominiums Block I, Tracts A and B as described above; thence, continue N87°-58'W, along the north line of said Block II and the north line of said Tract A, 57.57 feet to the beginning of the centerline of this easement.

From the point of beginning, S2°-36'-45"W 115.40 feet; thence S10°-04'-10"W 273.93 feet to the north line of a sewer easement, 16 feet wide, described by an easement recorded in Book 497, Page 69, and the end of this centerline.

Together with a temporary construction easement, 30 feet west of and 20 feet east of the above described centerline, excepting therefrom, any structures contained in said temporary easement, and which upon completion of sewer construction, the easement rights in said temporary easement shall cease and be no longer in effect.

Also, a temporary construction easement, 30 feet west of and 20 feet east of the centerline of the sanitary sewer easement, 16 feet wide, recorded in Book 497, Page 69 and as shown across: Tract B of the two-tract survey shown by exhibit A-1 of the survey recorded in Book 497, Page 231; Tract B of the two-tract survey shown by exhibit A-1 of the survey recorded in Book 513, Page 290; a tract shown by exhibit A-1 of a survey recorded in Book 651, Page 152; and across Tract B of the two-tract survey shown by exhibit C of the survey recorded in Book 651, Page 16, all of the Boone County records, excepting therefrom, any structures contained in said temporary easement, and which upon completion of sewer construction, the easement rights in said temporary easement shall cease and be no longer in effect.

Also, a temporary construction easement, 30 feet north of and 20 feet south of the centerline of the sanitary sewer easement, 25 feet wide, shown across last said Tract B, across Tract B of the two-tract survey shown by exhibit A of the survey recorded in Book 671, Page 757, and originally shown across Lots 99, 109 through 113, and 131, all of Water's Edge Estates Block IV, recorded in Plat Book 14, Page 30 of the Boone County records, excepting therefrom, any structures contained in said temporary easement, and which upon completion of sewer construction, the easement rights in said temporary easement shall cease and be no longer in effect.

Bearings for this description are based on the subdivision plats of Waters Edge Estates (all Blocks) and Evergreen Acres, and on surveys recorded in Book 494, Page 823, in Book 505, Page 133, and in Book 497, Page 231, all of the Boone County, Missouri records.

A strip of land, 16 feet wide, located in the northeast quarter of Section 3, Township 48 North, Range 12 West, Boone County, Missouri, north of and adjacent to the south line of the 34.16 acre tract described by a General Warranty Deed recorded in Book 964, Page 170, and being the north part of Tract 2 of the survey recorded in Book 494, Page 823, both of the Boone County records, the centerline of said strip being described as follows:

Starting at the southwest corner of Lot 8 of Evergreen Acres, Columbia, Boone County, Missouri, as shown by a subdivision plat recorded in Plat Book 30, Page 52, and being S0°-23'E, along the east line of said Section, 1380.60 feet and N86°-36'W 872.00 feet from the northeast corner of said Section 3-48-12; thence N86°-36'W, along the north line of a 35.17 acre tract of land shown by a survey recorded in Book 505, Page 133, being the south line of said 34.16 acre tract described above, 743.00 feet to the beginning of the centerline of this easement.

Together with a temporary construction easement, 30 feet west of and 20 feet east of the above described centerline, which upon completion of sewer construction, the easement rights in said temporary easement shall cease and be no longer in effect.

Bearings for this description are based on the subdivision plats of Waters Edge Estates (all Blocks) and Evergreen Acres, and on surveys recorded in Book 494, Page 823 and in Book 505, Page 133, all of the Boone County, Missouri records.

A strip of land, 16 feet wide, located in the northeast quarter of Section 3, Township 48 North, Range 12 West, Boone County, Missouri, across the mid-part of the 35.17 acre tract shown by the survey recorded in Book 505, Page 133 and described by a Warranty Deed recorded in Book 506, Page 95, both of the Boone County records, the centerline of said strip being described as follows:

Starting at the northeast corner of Lot 161 of Waters Edge Estates, Block IV, Boone County, Missouri, as shown by a subdivision plat recorded in Plat Book 14, Page 30, and being S0°-23'E, along the east line of said Section, 1853.60 feet and S87°-23'-30"W 1306.15 feet from the northeast corner of said Section 3-48-12; thence N87°-58'W, along the north line of said Lot and said Block IV, 205.20 feet to the northwest corner of said Lot and the northeast corner of the right-of-way of Waterfront Drive North; thence, continue N87°-58'W, along the north right-of-way line of said Drive and the north line of Waters Edge Estates, Block II, as shown by a subdivision plat recorded in Plat Book 14, Page 13, 346.07 feet to the beginning of the centerline of this easement.

From the point of beginning, N2°-36'-45"E 34.60 feet; thence N6°-59'-20"E 360.00 feet; thence N41°-59'-10"E 291.55 feet to the north line of said 35.17 acre tract, being the south line of the 34.16 acre tract described by a General Warranty Deed recorded in Book 964, Page 170, and the end of this centerline, and being N86°-36'W, along the line between said tracts, 743.00 feet from the southwest corner of the subdivision plat of Evergreen Acres, Columbia, Missouri as shown in Plat Book 30, Page 52.

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.