Section 103-111 Ord. 17187; Acquisition of Easements RE: Construction of Forum Boulevard Extension from Dunbar Drive to Old Plank Road and the Roundabout at the Intersection of Forum and Southampton Drive


Ordinance No.            17187              Council Bill No.            B 48-02           

AN ORDINANCE

declaring the need to acquire easements necessary for construction of street improvements to Forum Boulevard and Southampton 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 land for easements necessary for construction of Forum Boulevard extension from Dunbar Drive southward to Old Plank Road and the roundabout at the intersection of Forum Boulevard and Southampton Drive. The land to be acquired is described as follows:

Chris Holliday and Stacey Holliday, husband and wife
FEE SIMPLE TITLE

A tract of land described in a warranty deed in Book 1117 at Page 736, said tract being Lot 13 of Rocky Creek Estates Subdivision as recorded in Plat Book 30 at Page 28, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri.
Tracey Meyer and Lori Leiby, single
TEMPORARY CONSTRUCTION EASEMENT

A four (4) sided parcel of land in the northwest corner of a tract of land described by a warranty deed in Book 1577 at Page 138, said tract being Lot 12 of Rocky Creek Estates Subdivision as recorded in Plat Book 30 at Page 28, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri, said parcel being described as follows:

BEGINNING at the northwest corner of said lot; thence along the north line of said lot N.70E37'10"E., 33.00 feet; thence leaving said line S.19E32'00”E., 38.00 feet; thence S.71E17'45"W., 39.00 feet to the west line of said lot; thence along said west line N.10E27'15"W., 38.00 feet to the POINT OF BEGINNING and containing 1,360 square feet.


Chris Holliday and Stacey Holliday, husband and wife
PERMANENT STREET EASEMENT

An irregular shaped parcel of land along the west line of a tract of land described in a warranty deed in Book 1117 at Page 736 of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northwest corner of Rocky Creek Estates Subdivision as recorded in Plat Book 30 at Page 28 of the Boone County Records; thence along the east right-of-way line of Forum Boulevard as platted by The Highlands Plat 10-A in Plat Book 23 at Page 36 of the Boone County Records N.17E00'00"W.,48.08 feet; thence continuing along said right-of-way line N.5E05'00"E., 113.66 feet; thence leaving said right-of-way line N.78E49'00"E., 65.50 feet; thence S.0E34'55"W., 71.37 feet; thence along a curve to the left having a radius of 414.00 feet a distance of 77.68 feet  to the north line of said Lot 13 (the chord of said curve having bearing and distance of S.4E47'40"E., 77.57 feet); thence along said north line S.70E37'10"W., 70.00 feet to the POINT OF BEGINNING and containing 10,789 square feet.


Chris Holliday and Stacey Holliday, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land over the west part of a tract of land described in a warranty deed in Book 1117 at Page 736 of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of Rocky Creek Estates Subdivision as Recorded in Plat Book 30 at Page 28 of the Boone County Records; thence along the north line of said lot N.70E37'10"E., 70.00 feet to the POINT OF BEGINNING; thence leaving said line along a curve to the right having a radius of 414.00 feet a distance of 77.68 feet (the chord of said curve having bearing and distance of N.4E47'40"W., 77.57 feet); thence N.0E34'55"E., 71.37 feet; thence N.78E49'00"E., 20.00 feet; thence S.0E34'55"W., 118.00 feet; thence N.71E15'30"E., 35.00 feet; thence S.19E10'50"E., 28.00 feet to the north line of said subdivision; thence along said north line S.70E37'10"W., 58.31 feet to the POINT OF BEGINNING and containing 3,867 square feet.


Philip H. Norvell
PERMANENT STREET EASEMENT

An irregular shaped parcel of land along the west side of a tract of land described in a warranty deed in Book 246 at Page 508 of the Boone County Records; situate in the northeast quarter of Section 2, Township 47 North, Range 13 West, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the south quarter (1/4) corner of Section 35, Township 48 North, Range 13 West as shown by The Highlands Plat 10-C as recorded in Plat Book 24 at Page 10 of the Boone County Records; thence along the south line of said section S.84E56'40"E., 116.67 feet; thence leaving said section line S.28E36'40"E., 1.97 feet; thence S.61E23'20"W., 71.90 feet; thence S.28E36'40"E., 115.06 feet; thence N.61E23'20"E., 18.00 feet; thence S.34E44'55"E., 122.00 feet; thence S.6E20'55"E., 167.00 feet; thence S.80E13'25"W., 18.00 feet; thence S.9E46'35"E., 299.00 feet; thence along a curve to the right having a radius of 488.00 feet a distance of 136.13 feet (the chord of said curve having bearing and distance of S.1E47'05"E., 135.69 feet); thence S.6E12'25"W., 211.66 feet; thence S.83E47'35"E., 14.00 feet; thence S.6E04'25"W., 149.00 feet; thence N.86E08'15"W., 14.00 feet; thence along a non-tangent curve to the left having a radius of 428.00 feet a distance of 24.51 feet (the chord of said curve having bearing and distance of S.2E13'20"W., 24.50 feet); thence S.0E34'55"W., 24.01 feet; thence N.90E00'00"E., 14.00 feet; thence S.0E34'55"W., 116.00 feet; thence S.78E49'00"W., 65.50 feet to the east right-of-way line of Forum Boulevard as platted by The Highlands Plat 10-A as recorded in Plat Book 23 at Page 36 of the Boone County Records; thence along said right-of-way line N.5E05'00"E., 26.34 feet to the southeast corner of said Plat 10-C; thence continuing along said Plat 10-C and along said east right-of-way line, the following courses; N.7E08'30"W., 291.88 feet; N.2E11'00"E., 300.24 feet; N.1E55'00"W., 172.67 feet; N.25E48'00"W., 278.00 feet to the easterly corner of Lot 1071 of said Plat 10-C; thence leaving said right-of-way line N.1E38'00"W., 336.12 feet to the POINT OF BEGINNING and containing 3.60 acres.


Philip H. Norvell
PERMANENT DRAINAGE EASEMENT

An irregular shaped parcel of land in the northwest part of a tract of land described in a warranty deed in Book 246 at Page 508 of the Boone County Records; situate in the northeast quarter of Section 2, Township 47 North, Range 13 West, Boone County, Missouri; said parcel being described as follows:

Starting at the south quarter (1/4) corner of Section 35, Township 48 North, Range 13 West as shown by The Highlands Plat 10-C as recorded in Plat Book 24 at Page 10 of the Boone County Records; thence along the south line of said section S.84E56'40"E., 116.67 feet; thence leaving said section line S.28E36'40"E., 1.97 feet to the POINT OF BEGINNING; thence continuing S.28E36'40"E., 130.00 feet; thence S.61E23'20"W., 52.29 feet; thence N.34E44'55"W., 15.03 feet; thence S.61E23'20"W., 18.00 feet; thence N.28E36'40"W., 115.06 feet; thence N.61E23'20"E., 71.90 feet to the POINT OF BEGINNING and containing 9,066 square feet.


Philip H. Norvell
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the west part of a tract of land described in a warranty deed in Book 246 at Page 508 of the Boone County Records; situate in the northeast quarter of Section 2, Township 47 North, Range 13 West, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the south quarter (1/4) corner of Section 35, Township 48 North, Range 13 West as shown by The Highlands Plat 10-C as recorded in Plat Book 24 at Page 10 of the Boone County Records; thence along the south line of said section S.84E56'40"E., 116.67 feet; thence leaving said section line S.28E36'40"E., 12.97 feet; thence N.61E23'20"E., 19.47 feet to the south line of said Section 35; thence along said south line S.84E56'40"E., 21.06 feet; thence leaving said south line S.28E36'40"E., 59.32 feet; thence S.61E23'20"W., 37.00 feet; thence S.28E36'40"E., 48.00 feet; thence S.61E23'20"W., 52.29 feet; thence S.34E44'55"E., 106.97 feet; thence S.13E34'55"E., 169.00 feet; thence S.5E02'25"E., 356.00 feet; thence S.3E22'20"E., 200.00 feet; thence S.4E55'00"W., 402.00 feet; thence S.78E49'00"W., 85.19 feet to the east line of Forum Boulevard as platted by The Highlands Plat 10-A as recorded in Plat Book 23 at Page 36 of the Boone County Records; thence along said right-of-way line N.5E05'00"E., 26.34 feet to the southeast corner of said Plat 10-C; thence continuing along said Plat 10-C and along said east right-of-way line, the following courses; N.7E08'30"W., 291.88 feet; N.2E11'00"E., 300.24 feet; N.1E55'00"W., 172.67 feet; N.25E48'00"W., 278.00 feet to the easterly corner of Lot 1071 of said Plat 10-C; thence leaving said lines of said Plat 10-C, and said right-of-way line, N.1E38'00"W., 336.12 feet to the POINT OF BEGINNING and containing 0.71 acres exclusive of permanent street easement and permanent drainage easement granted this date.


Cedar Lake Homeowners Association
PERMANENT STREET EASEMENT

A triangular shaped parcel of land in the southwest corner of a tract of land described in a quit-claim deed in Book 593 at Page 676 of the Boone County Records and that part of vacated Lake Valley Lane abutting said deed; situate in the southeast quarter (1/4) of Section 35, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the south quarter (1/4) corner of said section; thence along the north-south quarter section line of said section N.0E22'40"W., 53.28 feet; thence leaving said line S.28E36'40"E., 63.72 feet to the south line of said section; thence along said south line N.84E56'40"W., 30.28 feet to the POINT OF BEGINNING and containing 803 square feet.


Cedar Lake Homeowners Association
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the southwest corner of a tract of land described in a quit-claim deed in Book 593 at Page 676 of the Boone County Records and that part of vacated Lake Valley Lane abutting said deed; situate in the southeast quarter (1/4) of Section 35, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the south quarter (1/4) corner of said section; thence along the north-south quarter section line of said section N.0E22'40"W., 150.15 feet; thence leaving said line S.39E19'55"E., 15.15 feet; thence  S.22E47'35"E., 156.81 feet to the south line of said section; thence along said south line N.84E56'40"W., 69.63 feet to the POINT OF BEGINNING and containing 4,740 square feet exclusive of permanent street easement granted this date.


Highland Properties Company
FEE SIMPLE TITLE

An irregular shaped parcel of land in the southeast corner of the southwest quarter of Section 35, Township 48 North, Range 13 West, being part of a tract of land described in a warranty deed in Book 511 at Page 614 of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:
BEGINNING at the south quarter corner of said section; thence along the south line of said section N. 85E31'45"W., 306.62 feet to the east  right-of-way of Dunbar Drive as platted in The Highlands Plat 10-D as recorded in Plat Book 25 at Page 31 of the Boone County Records; thence leaving said south line, and along said right-of-way line, N.21E36'55"E., 46.58  feet; thence continuing along said right-of-way line, along a curve to the right having a radius of 200.40 feet a distance of 162.29 feet (the chord of said curve having bearing and distance of N.44E48'55"E., 157.89 feet); thence continuing along said right-of-way line and along the southwesterly right-of-way line of Forum Boulevard as platted in said Plat 10-D and along a curve to the right having a radius of 30.00 feet a distance of 45.37 feet (the chord of said curve having bearing and distance of  S.68E39'20"E., 41.17 feet); thence leaving said right-of-way line and along the southerly line of said Plat 10-D N.64E40'15"E., 152.00 feet to the southeast corner of Lot 1028 of said Plat 10-D on the north-south quarter section line; thence along said quarter section line S.0E22'40"E., 229.26 feet to the POINT OF BEGINNING and containing 1.07 acres.


Highland Properties Company
FEE SIMPLE TITLE

An irregular shaped parcel of land in the north half of Section 2, Township 47 North, Range 13 West, being part of a tract of land described in a warranty deed in Book 249 at Page 336 of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the south quarter corner of Section 35, Township 48 North, Range 13 West; thence S.1E38'00"E., 336.12 feet to the northeast corner of Lot 1071 of The Highlands Plat 10-C as recorded in Plat Book 24 at Page 10; thence along the northeasterly line of said lot N.42E36'10"W., 472.73 feet to the east right-of-way line of Dunbar Drive as shown on said Plat 10-C; thence along said right-of-way line N.21E36'55"E., 12.83 feet to the south line of said Section 35; thence along said south line S.85E31'45"E., 306.62 feet to the POINT OF BEGINNING and containing 1.24 acres.


The Highlands Homes Association
TEMPORARY CONSTRUCTION EASEMENT

A four sided parcel of land in the northeasterly corner of a part of a tract of land described in a warranty deed in Book 948 at Page 314, said tract being Lot 1071 of The Highlands Plat 10-C as recorded in Plat Book 24 at Page 10, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeasterly corner of said lot on the west right-of-way line of Forum Boulevard as platted by said Plat 10-C; thence along said right-of-way line S.1E56'40"E., 70.00 feet; thence leaving said right-of-way line N.42E36'10"W., 120.00 feet; thence N.1E56'40"W., 70.00 feet to the northeasterly line of said lot; thence along said northeasterly line S.42E36'10"E., 120.00 feet to the POINT OF BEGINNING and containing 5,472 square feet.


Melvin L. Roberts
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 1158 at Page 243, said tract being Lot 41A of Woodrail South Plat 7 as recorded in Plat Book 25 at Page 54, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING on the east line of said lot S.0E32'55"E., 66.00 feet from the northeast corner of said lot; thence along said east line S.0E32'55"E., 24.00 feet; thence along a curve to the right having a radius of 30.00 feet a distance of 47.12 feet (the chord of said curve having bearing and distance of S.44E27'05"W., 42.43 feet); thence along the south line of said lot S.89E27'05"W., 39.00 feet; thence leaving said south line N.0E32'55"W., 10.00 feet; thence N.89E27'05"E., 39.00 feet; thence along a curve to the left having a radius of 20.00 feet a distance of 31.42 feet (the chord of said curve having bearing and distance of N.44E27'05"E., 28.28 feet); thence N.0E32'55"W., 24.00 feet; thence N.89E27'05"E., 10.00 feet to the POINT OF BEGINNING and containing 1,023 square feet.


Wild Rabbit, LLC
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 1550 at Page 805, said tract being Lot 4 of Woodrail South Plat 1 as recorded in Plat Book 20 at Page 74, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING on the south line of said lot S.89E27'05"W., 62.00 feet from the southeast corner; thence along said south line S.89E27'05"W., 28.00 feet; thence along a curve to the right having a radius of 30.00 feet a distance of 47.12 feet (the chord of said curve having bearing and distance of N.45E32'55"W., 42.43 feet); thence along the west line of said lot N.0E32'55"W., 11.00 feet; thence leaving said west line N.89E27'05"E., 10.00 feet; thence S.0E32'55"E., 11.00 feet; thence along a curve to the left having a radius of 20.00 feet a distance of 31.42 feet (the chord of said curve having bearing and distance of S.45E32'55"E., 28.28 feet); thence N.89E27'05"E., 28.00 feet; thence S.0E32'55"E., 10.00 feet to the POINT OF BEGINNING and containing 783 square feet.


Highland Properties Company
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 511 at Page 614 and in a quit-claim deed in Book 714 at Page 413, said tract being Lot 1702 of The Highlands Plat 17 as recorded in Plat Book 32 at Page 87, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0E32'55"E., 10.00 feet; thence leaving said east line S.89E27'05"W., 30.87 feet; thence along a curve to the left having a radius of 20.00 feet a distance of 31.36 feet (the chord of said curve having bearing and distance of S.44E32'15"W., 28.24 feet); thence S.0E22'30"E., 23.00 feet; thence S.89E37'30"W., 10.00 feet to the west line of said lot; thence along said west line N.0E22'30"W., 23.00 feet; thence along a curve to the right having a radius of 30.00 feet a distance of 47.03 feet (the chord of said curve having bearing and distance of N.44E32'15"E., 42.36 feet); thence along the north line of said lot N.89E27'05"E., 30.87 feet to the POINT OF BEGINNING and containing 931 square feet.


The Highlands Homes Association
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 948 at Page 314, said tract being Lot 1631A of The Highlands Plat 16 as recorded in Plat Book 26 at Page 30, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING on the north line of said lot N.89E27'05"E., 59.14 feet from the northwest corner of said lot; thence along said north line N.89E27'05"E., 24.00 feet; thence along a curve to the right having a radius of 30.00 feet a distance of 47.21 feet (the chord of said curve having bearing and distance of S.45E27'45"E., 42.49 feet); thence along the east line of said lot S.0E22'30"E., 46.00 feet; thence leaving said east line S.89E37'30"W., 10.00 feet; thence N.0E22'30"W., 46.00 feet; thence along a curve to the left having a radius of 20.00 feet a distance of 31.48 feet (the chord of said curve having bearing and distance of N.45E27'45"W., 28.33 feet); thence S.89E27'05"W., 24.00 feet; thence N.0E32'55"W., 10.00 feet to the POINT OF BEGINNING and containing 1,093 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 4th day of March, 2002.