Section 103-158 Ord. 17216; Authorizing Acquisition of Easements RE: Construction of the Hardin-Donnelly Phase II Drainage Improvement Project


Ordinance No.           17216               Council Bill No.           B 78-02            

AN ORDINANCE
    
declaring the need to acquire easements necessary to construct the Hardin-Donnelly Phase II Drainage Improvement Project; 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 drainage easements and temporary construction easements to construct the Hardin-Donnelly Phase II Drainage Improvement Project.  The land to be acquired is described as follows:

Brian J. Boos and Lisa C. Boos, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

The south fifteen (15) feet of the east twenty (20) feet of a tract of land described in a warranty deed in Book 1496 at Page 467, said tract being Lot 13 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 300 square feet.


Vincent K. Bell and Melissa A. Bell, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

The north seven and a half (7.5) feet of the east twenty (20) feet and the south twenty (20) feet of the east ten (10) feet of a tract of land described in a warranty deed in Book 675 at Page 429, said tract being Lot 14 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing a total of 350 square feet.


Nancy Olivia Silvers
PERMANENT DRAINAGE EASEMENT

A strip of land along the south line of a tract of land described in a warranty deed in Book 703 at Page 147, said tract being Lot 23 (and the west half of a vacated alley on the east side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri, said strip being described as follows:

BEGINNING at the southwest corner of said tract; thence along the west line of said tract N.0E00'25"E., 6.76 feet; thence leaving said line S.84E32'45"E., 157.23 feet to the east line of said tract; thence along said east line S.0E01'30"W., 7.73 feet to the southeast corner of said tract; thence along the south line of said tract N.84E11'40"W., 157.33 feet to the POINT OF BEGINNING and containing 1,134 square feet.


Nancy Olivia Silvers
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land along the south line of a tract of land described in a warranty deed in Book 703 at Page 147, said tract being Lot 23 (and the west half of a vacated alley on the east side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri, said parcel being described as follows:

BEGINNING at the southwest corner of said tract; thence along the west line of said tract N.0E00'25"E., 10.02 feet; thence leaving said line S.89E59'35"E., 44.08 feet; thence N.0E00'25"E., 8.00 feet; thence S.89E59'35"E., 23.00 feet; thence S.29E59'35"E., 18.12 feet; thence S.84E11'40"E., 80.88 feet to the east line of said tract; thence along said east line S.0E01'30"W., 10.05 feet to the southeast corner of said tract; thence along the south line of said tract N.84E11'40"W., 157.33 feet to the POINT OF BEGINNING and containing 916 square feet exclusive of permanent drainage easement granted this date.


Mary E. Baker
PERMANENT DRAINAGE EASEMENT

An irregular shaped parcel of land along the north and east lines of a tract of land described in a warranty deed in Book 257 at Page 579, said tract being Lot 22 (and the west half of a vacated alley on the east side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, 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 tract; thence along the north line of said tract S.84E11'40"E., 157.33 feet to the northeast corner of said tract; thence along the east line of said tract. S.0E01'30"W., 54.93 feet; thence leaving said east line N.54E19'50"W., 12.87 feet; thence N.7E25'15"E., 44.43 feet; thence N.84E32'45"W., 39.96 feet; thence S.0E00'25"W., 4.52 feet; thence N.84E32'45"W., 112.51 feet to the west line of said tract; thence along said west line N.0E00'25"E., 9.31 feet to the POINT OF BEGINNING and containing 1,553 square feet.


Mary E. Baker
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land along the north and east lines of a tract of land described in a warranty deed in Book 257 at Page 579, said tract being Lot 22 (and the west half of a vacated alley on the east side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, 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 tract; thence along the north line of said tract S.84E11'40"E., 157.33 feet to the east line of said tract; thence along the east line of said tract. S.0E01'30"W., 63.59 feet to the southeast corner of said tract; thence along the south line of said tract N.84E24'55"W., 22.50 feet; thence leaving said south line N.0E01'30"E., 28.00 feet; thence S.84E24'55"E., 13.65 feet; thence N.7E25'15"E., 31.62 feet; thence N.84E32'45"W., 39.96 feet; thence S.0E00'25"W., 4.52 feet; thence S.5E27'15"W., 9.00 feet; thence N.84E32'45"W., 49.65 feet; thence S.5E27'15"W., 8.00 feet; thence N.84E32'45"W., 11.50 feet; thence N.5E27'15"E., 8.00 feet; thence N.84E32'45"W., 50.50 feet to the west line of said tract; thence along said west line N.0E00'25"E., 18.35 feet to the POINT OF BEGINNING and containing 1,570 square feet exclusive of permanent drainage easement granted this date.

Nellie F. Reid and Marjorie Faye Reid
TEMPORARY CONSTRUCTION EASEMENT

A rectangular shaped parcel of land in the northeast corner of a tract of land described in a deed in Book 427 at Page 199, said tract being Lot 21 (and the west half of a vacated alley on the east side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, both 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 tract; thence along the east line of said tract S.0E01'30"W., 25.00 feet; thence leaving said line N.84E24'55"W., 22.50 feet; thence N.0E01'30"E., 25.00 feet to the north line of said tract; thence along said north line S.84E24'55"E., 22.50 feet to the POINT OF BEGINNING and containing 560 square feet.


Larry E. Yeakey and Martha G. Yeakey, husband and wife
PERMANENT DRAINAGE EASEMENT

A four (4) sided parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 910 at Page 514, said tract being Lot 32 (and the east half of a vacated alley on the west side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of said tract; thence along the west line of said tract N.0E01'30"E., 7.73 feet; thence leaving said line S.84E32'45"E., 9.74 feet; thence S.7E25'15"W., 7.76 feet to the south line of said tract; thence along said south line N.84E11'40"W., 8.74 feet to the POINT OF BEGINNING and containing 71 square feet.


Larry E. Yeakey and Martha G. Yeakey, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land along the south line of a tract of land described in a warranty deed in Book 910 at Page 514, said tract being Lot 32 (and the east half of a vacated alley on the west side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of said tract; thence along the west line of said tract N.0E01'30"E., 25.13 feet; thence leaving said west line S.84E11'40"E., 30.15 feet; thence S.0E01'30"W., 19.10 feet; thence S.84E11'40"E., 127.17 feet to the east line of said tract; thence along said east line S.0E02'30"W., 6.03 feet to the southeast corner of said tract; thence along the south line of said tract N.84E11'40"W., 157.33 feet to the POINT OF BEGINNING and containing 1,446 square feet exclusive of permanent drainage easement granted this date.  
Jay R. Marushak
PERMANENT DRAINAGE EASEMENT

An irregular shaped parcel of land along the west and south lines of a tract of land described in a warranty deed in Book 829 at Page 18, said tract being Lot 33 (and the east half of a vacated alley on the west side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, 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 tract; thence along the north line of said tract S.84E11'40"E., 8.74 feet; thence leaving said line S.7E25'15"W., 37.45 feet; thence S.54E19'50"E., 43.93 feet; thence S.84E03'00"E., 117.57 feet to the east line of said tract; thence along said east line S.0E02'30"W., 3.07 feet to the southeast corner of said tract; thence along the south line of said tract N.84E24'55"W., 143.22 feet; thence N.54E19'50"W., 17.19 feet to the west line of said tract; thence along said west line N.0E01'30"E., 54.93 feet to the POINT OF BEGINNING and containing 1,210 square feet.


Jay R. Marushak
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land along the north, west and south lines of a tract of land described in a warranty deed in Book 829 at Page 18, said tract being Lot 33 (and the east half of a vacated alley on the west side of said lot) of Northwest Highlands as recorded in Plat Book 4 at Page 6, 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 tract; thence along the north line of said tract S.84E11'40"E., 157.33 feet to the northeast corner of said tract; thence along the east line of said tract S.0E02'30"W., 6.03 feet; thence leaving said east line N.84E11'40"W., 127.17 feet; thence S.0E01'30"W., 9.05 feet; thence N.84E11'40"W., 23.36 feet; thence S.7E25'15"W., 22.45 feet; thence S.54E19'50"E., 12.66 feet; thence S.84E03'00"E., 64.94 feet; thence S.5E57'00"W., 15.50 feet; thence S.84E03'00"E., 79.77 feet to the east line of said tract; thence along said east line S.0E02'30"W., 3.07 feet to the southeast corner of said tract; thence along the south line of said tract N.84E24'55"W., 157.25 feet to the southwest corner of said tract; thence along the west line of said tract N.0E01'30"E., 63.59 feet to the POINT OF BEGINNING and containing 1,955 square feet exclusive of permanent drainage easement granted this date.


Mary Ann Denninghoff
PERMANENT DRAINAGE EASEMENT

A strip of land along the north line of a tract of land described in a quit-claim deed in Book 1548 at Page 741, said tract being Lot 34 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0E02'30"W., 9.00 feet; thence leaving said line N.84E03'00"W., 130.06 feet; thence N.54E19'50"W., 16.21 feet to the north line of said lot; thence along said north line S.84E24'55"E., 143.22 feet to the POINT OF BEGINNING and containing 1,164 square feet.


Mary Ann Denninghoff
TEMPORARY CONSTRUCTION EASEMENT

A rectangular shaped parcel of land in the north part of a tract of land described in a quit-claim deed in Book 1548 at Page 741, said tract being Lot 34 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of said lot; thence along the east line of said lot S.0E02'30"W., 9.00 feet; thence leaving said line N.84E03'00"W., 89.97 feet to the POINT OF BEGINNING; thence S.5E57'00"W., 10.00 feet; thence N.84E03'00"W., 30.00 feet; thence N.5E57'00"E., 10.00 feet; thence S.84E03'00"E., 30.00 feet to the POINT OF BEGINNING and containing 300 square feet.


Rosa May Powell and Raymond Powell, trustees
PERMANENT DRAINAGE EASEMENT

A strip of land along the south line of a tract of land described in a warranty deed in Book 1049 at Page 453, said tract being Lot 40 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.83E30'50"W., 149.93 feet; to the southwest corner of said lot; thence along the west line of said lot N.0E02'30"E., 8.05 feet; thence leaving said line S. 83E30'50"E., 149.93 feet to the east line of said lot; thence along said east line S.0E03'00"W., 8.05 feet to the POINT OF BEGINNING and containing 1,199 square feet.


Charles Joseph Kmucha
PERMANENT DRAINAGE EASEMENT

A strip of land along the north line of a tract of land described in a warranty deed in Book 688 at Page 392, said tract being Lot 39 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being described as follows:
BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0E03'00"W., 8.05 feet; thence leaving said line N.83E30'50"W., 149.93 feet to the west line of said lot; thence along said west line N.0E02'30"E., 8.05 feet to the northwest corner of said lot; thence along the north line of said lot S.83E30'50"E., 149.93 feet to the POINT OF BEGINNING and containing 1,199 square feet.


Charles Joseph Kmucha
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the north part of and along the east line of a tract of land described in a warranty deed in Book 688 at Page 392, said tract being Lot 39 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of said lot; thence along the east line of said lot S.0E03'00"W., 8.05 feet to the POINT OF BEGINNING; thence continuing along said line S.0E03'00"W., 53.35 feet to the southeast corner of said lot; thence along the south line of said lot N.84E24'35"W., 23.11 feet; thence leaving said south line N.0E03'00"E., 43.66 feet; thence N.83E30'50"W., 59.37 feet; thence N.0E03'00"E., 9.06 feet; thence S.83E30'50"E., 82.52 feet to the POINT OF BEGINNING and containing 1,743 square feet.


Philippa M. Letsky
TEMPORARY CONSTRUCTION EASEMENT

A rectangular shaped parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 1194 at Page 812, said tract being the east half of Lot 37 and the east half of Lot 38 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both 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 38; thence along the east line of said Lot 38 S.0E03'00"W., 35.16 feet; thence leaving said line N.84E24'35"W., 23.11 feet; thence N.0E03'00"E., 35.16 feet to the north line of said Lot 38; thence along said north line S.84E24'35"E., 23.11 feet to the POINT OF BEGINNING and containing 809 square feet.


Benjamin A. Hume
PERMANENT DRAINAGE EASEMENT

A rectangular shaped parcel of land along the west line of a tract of land described in a warranty deed in Book 1248 at Page 117, said tract being Lot 52 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:
BEGINNING at the southwest corner of said lot; thence along the west line of said lot N.0E03'00"E., 53.28 feet; thence leaving said line S.84E05'55"E., 5.03 feet; thence S.0E03'00"W., 53.28 feet to the south line of said lot; thence along said south line N.84E05'55"W., 5.03 feet to the POINT OF BEGINNING and containing 266 square feet.


Beverly J. Peterson
PERMANENT DRAINAGE EASEMENT

A strip of land along the west and south lines of a tract of land described in a warranty deed in Book 1210 at Page 222, said tract being Lot 53 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the northwest corner of said lot; thence along the north line of said lot S.84E05'55"E., 5.03 feet; thence leaving said line S.0E03'00"W., 54.92 feet; thence S.84E05'55"E., 144.72 feet to the east line of said lot; thence along said east line S.0E03'35"W., 8.04 feet to the southeast corner of said lot; thence along the south line of said lot N.84E05'55"W., 149.76 feet to the southwest corner of said lot; thence along the west line of said lot N.0E03'00"E., 62.97 feet to the POINT OF BEGINNING and containing 1,473 square feet.


Beverly J. Peterson
TEMPORARY CONSTRUCTION EASEMENT

A rectangular shaped parcel of land in the southwest part of a tract of land described in a warranty deed in Book 1210 at Page 222, said tract being Lot 53 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both 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 said lot; thence along the north line of said lot S.84E05'55"E., 5.03 feet; thence leaving said line S.0E03'00"W., 44.92 feet to the POINT OF BEGINNING; thence S.84E05'55"E., 30.00 feet; thence S.0E03'00"W., 10.00 feet; thence N.84E05'55"W., 30.00 feet; thence N.0E03'00"E., 10.00 feet to the POINT OF BEGINNING and containing 298 square feet.


Marty Joseph Pliske
PERMANENT DRAINAGE EASEMENT

A strip of land along the north line of a tract of land described in a quit-claim deed in Book 952 at Page 895, said tract being Lot 54 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0E03'35"W., 8.04 feet; thence leaving said line N.84E05'55"W., 149.74 feet to the west line of said lot; thence along said west line N.0E03'00"E., 8.04 feet to the northwest corner of said lot; thence along the north line of said lot S.84E05'55"E., 149.76 feet to the POINT OF BEGINNING and containing 1,198 square feet.


Marty Joseph Pliske
TEMPORARY CONSTRUCTION EASEMENT

An irregular shaped parcel of land in the north part of a tract of land described in a quit-claim deed in Book 952 at Page 895, said tract being Lot 54 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of said lot; thence along the east line of said lot S.0E03'35"W., 8.04 feet to the POINT OF BEGINNING; thence continuing along said line S.0E03'35"W., 12.06 feet; thence leaving said line N.84E05'55"W., 15.08 feet; thence N.0E03'35"E., 10.05 feet; thence N.84E05'55"W., 65.34 feet; thence S.0E03'35"W., 10.05 feet; thence N.84E05'55"W., 34.18 feet; thence N.0E03'35"E., 12.06 feet; thence S.84E05'55"E., 114.60 feet to the POINT OF BEGINNING and containing 722 square feet.


Anthony R. Schoone
TEMPORARY CONSTRUCTION EASEMENT

A triangular shaped parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 956 at Page 903, said tract being the west part of Lot 55 of Northwest Highlands as recorded in Plat Book 4 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of said lot; thence along the west line of said lot N.0E03'35"E., 10.00 feet; thence leaving said line S.42E10'00"E., 14.81 feet to the south line of said lot; thence along said south line N.84E23'35"W., 10.00 feet to the POINT OF BEGINNING and containing 32 square feet exclusive of existing permanent drainage easement.


Cathy Annette Camareta
PERMANENT DRAINAGE EASEMENT

A strip of land five (5) feet in width along the west line of a tract of land described in a warranty deed in Book 1078 at Page 299, said tract being Lot 11 of A.T. & R.G. Clinkscales Sub-Div. as recorded in Plat Book 4 at Page 30, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being two and a half (2.5) feet in width on both sides of the following described baseline:
Starting at the southwest corner of said lot; thence along the south line of said lot S.84E23'35"E., 2.51 feet to the POINT OF BEGINNING; thence leaving said line N.11E45'00"E., 98.18 feet to the END of said baseline.

The area of said strip is 491 square feet.


James W. Crane and Mildred V. Crane, husband and wife
Roger Robinett and Bonnie Robinett, husband and wife
PERMANENT DRAINAGE EASEMENT

A triangular shaped parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 1555 at Page 997, said tract being Lot 12 Block 1 of The Knipp-Boggs Sub-Division as recorded in Plat Book 4 at Page 23, both 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.0E03'35"W., 19.00 feet; thence leaving said line N.42E10'00"W., 28.14 feet to the north line of said lot; thence along said north line S.84E23'35"E., 19.00 feet to the POINT OF BEGINNING and containing 180 square feet.


Donna Jean Butler and Daniel K. Brown
PERMANENT DRAINAGE EASEMENT

A triangular shaped parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 1303 at Page 819, said tract being Lot 4 Block 2 of The Knipp-Boggs Sub-Division as recorded in Plat Book 4 at Page 23, 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 S.84E23'35"E., 30.00 feet; thence leaving said line S.73E06'40"W., 31.22 feet to the west line of said lot; thence along said west line N.0E03'35"E., 12.00 feet to the POINT OF BEGINNING and containing 179 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 18th day of March, 2002.