Section 103-189; Ord. 17239; Authorizing Acquisition of Property RE: Construction of Sewer District No. 144 (Mexico Gravel Road)


Ordinance No.            17239              Council Bill No.           B 101-02            
    
AN ORDINANCE

declaring the need to acquire easements necessary to construct Sewer District No. 144 (Mexico Gravel Road); 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 Sewer District 144 (Mexico Gravel Road) described as follows:

Gary L. Baker and Norma J. Baker, husband and wife
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width in the west part of a tract of land described in a warranty deed in Book 711 at Page 758 of the Boone County Records; situate in the northwest quarter (1/4) of Section 34, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southwest corner of said tract, said corner being the west quarter (1/4) corner of said section; thence along the section line N.0E28'05"E., 27.40 feet to the POINT OF BEGINNING; thence leaving said line N.88E53'05"E., 48.23 feet to the END.

The area of said strip is 772 square feet.


Gary L. Baker and Norma J. Baker, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
A four (4) sided parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 711 at Page 758 of the Boone County Records; situate in the northwest quarter (1/4) of Section 34, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of said tract, said corner being the west quarter (1/4) corner of said section; thence along the section line N.0E28'05"E., 40.00 feet; thence leaving said line N.89E05'00"E., 67.88 feet; thence S.1E06'55"E., 42.96 feet to the south line of said tract, said line being the quarter section line; thence along said line N.88E26'55"W., 69.06 feet to the POINT OF BEGINNING and containing 2,068 square feet exclusive of permanent sewer easement granted this date.


Grace E. Cummins
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width across a tract of land shown in a warranty deed in Book 1745 at Page 381, said tract being a survey shown in Book 358 at Page 356, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0E40'10"E., 26.96 feet to the POINT OF BEGINNING; thence leaving said line N.88E53'05"E., 99.62 feet to the END on the east line of said tract at a point N.0E28'05"E., 27.30 feet from the southeast corner of said tract.

The area of said strip is 1,594 square feet.


Grace E. Cummins
TEMPORARY CONSTRUCTION EASEMENT
The south forty (40) feet of a tract of land described in a warranty deed in Book 1745 at Page 381, said tract being a survey shown in Book 358 at Page 356, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri and containing 2,392 square feet exclusive of permanent sewer easement granted this date.


Carol M. Green
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width across a tract of land described in a quit-claim deed in Book 498 at Page 432 of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0E43'15"E., 26.45 feet to the POINT OF BEGINNING; thence leaving said line N.88E53'05"E., 148.58 feet to the END on the east line of said tract at a point N.0E40'10"E., 26.96 feet from the southeast corner of said tract.

The area of said strip is 2,377 square feet.


Carol M. Green
TEMPORARY CONSTRUCTION EASEMENT
The south forty (40) feet of a tract of land described in a quit-claim deed in Book 498 at Page 432 of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri and containing 3,565 square feet exclusive of permanent sewer easement granted this date.


Mary K. Daly
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width across a tract of land described in a warranty deed in Book 871 at Page 157, said tract being Lot B of a survey shown in Book 310 at Page 70, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0E07'45"W., 25.88 feet to the POINT OF BEGINNING; thence leaving said line N.88E53'05"E., 160.73 feet to the END on the east line of said tract at a point N.0E43'15"E., 26.45 feet from the southeast corner of said tract.

The area of said strip is 2,572 square feet.


Mary K. Daly
TEMPORARY CONSTRUCTION EASEMENT
The south forty (40) feet of a tract of land described in a warranty deed in Book 871 at Page 157, said tract being Lot B of a survey shown in Book 310 at Page 70, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri and containing 3,853 square feet exclusive of permanent sewer easement granted this date.


Aubert Earl Smarr and Jo Ann Smarr, husband and wife
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width across a tract of land described in a warranty deed in Book 797 at Page 435 of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southwest corner of Lot B of a survey shown in Book 310 at Page 70 of the Boone County Records; thence along the quarter (1/4) section line S.89E05'00"W., 181.72 feet to the POINT OF BEGINNING; thence leaving said line N.0E21'15"W., 25.25 feet; thence N.88E53'05"E., 181.83 feet to the END on the west line of said Lot B at a point N.0E07'45"W., 25.88 feet from the southwest corner of said lot.

The area of said strip is 2,514 square feet exclusive of platted street right-of-way in Wellington Estates Plat 4 as recorded in Plat Book 32 at Page 16 of the Boone County Records.


Aubert Earl Smarr and Jo Ann Smarr, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
A strip of land across a tract of land described in a warranty deed in Book 797 at Page 435 of the Boone County Records; situate in the northeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the southwest corner of Lot B of a survey shown in Book 310 at Page 70 of the Boone County Records; thence along the quarter (1/4) section line S.89E05'00"W., 201.72 feet; thence leaving said line N.0E21'15"W., 40.00 feet; thence N.89E05'00"E., 201.88 feet to the west line of said Lot B; thence along said west line S.0E07'45"E., 40.00 feet to the POINT OF BEGINNING and containing 3,559 square feet exclusive of permanent sewer easement granted this date and platted street right-of-way in Wellington Estates Plat 4 as recorded in Plat Book 32 at Page 16 of the Boone County Records.


James W. Brush and Linda S. Brush, husband and wife
James D. Brush and Nancy A. Brush, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
A four (4) sided parcel of land along the west line of a tract of land described in a warranty deed in Book 906 at Page 192 of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of Tract B of a survey shown in Book 349 at page 265 of the Boone County Records; thence along the south right-of-way line of Mexico Gravel Road N.89E05'00"E., 24.00 feet; thence leaving said line S.0E15'35"W., 99.29 feet; thence S.31E13'25"W., 46.65 feet to the east line of said survey; thence along said east line N.0E15'35"E., 138.80 feet to the POINT OF BEGINNING and containing 2,857 square feet.


Rickie D. Lee and Boneta R. Lee, husband and wife
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width along the east and south lines of a tract of land described in a warranty deed in Book 511 at Page 820, said tract being Tract B of a survey shown in Book 349 at Page 265 and Tract D of a survey shown in Book 366 at Page 358, all of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the northeast corner of said tract; thence along the north line of said tract S.89E05'00"W., 8.00 feet to the POINT OF BEGINNING; thence leaving said line S.0E15'35"W., 261.53 feet; thence S.89E34'05"W., 91.47 feet to the END on the west line of said Tract D at a point N.0E08'05"E., 8.00 feet from the southwest corner of said Tract D.

The area of said strip is 5,648 square feet.


Rickie D. Lee and Boneta R. Lee, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
A strip of land over a tract of land described in a warranty deed in Book 511 at Page 820, said tract being Tract B of a survey shown in Book 349 at Page 265 and Tract D of a survey shown in Book 366 at Page 358, all of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0E08'05"E., 16.00 feet to the POINT OF BEGINNING; thence continuing along said line N.0E08'05"E., 24.00 feet; thence leaving said line N.89E34'05"E., 59.54 feet; thence N.0E15'35"E., 131.29 feet; thence S.89E44'25"E., 24.00 feet; thence S.0E15'35"W., 155.00 feet; thence S.89E34'05"W., 83.49 feet to the POINT OF BEGINNING and containing 5,152 square feet.


Stephen R. Henderson
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width over a tract of land described in a quit-claim deed in Book 395 at Page 766, said tract being the west half of a survey shown in Book 310 at Page 105, both of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southeast corner of said tract; thence along the east line of said tract N.0E08'05"E., 8.00 feet to the POINT OF BEGINNING; thence leaving said line S.89E34'05"W., 18.23 to the END.

The area of said strip is 292 square feet.


Stephen R. Henderson
TEMPORARY CONSTRUCTION EASEMENT
A four (4) sided parcel of land in the southeast corner of a tract of land described in a quit-claim deed in Book 395 at Page 766, said tract being the west half of a survey shown in Book 310 at Page 105, both of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said tract; thence along the south line of said tract S.89E34'05"W., 38.16 feet; thence leaving said line N.0E25'55"W., 40.00 feet; thence N.89E34'05"E., 38.55 feet to the east line of said tract; thence along said east line S.0E08'05"W., 40.00 feet to the POINT OF BEGINNING and containing 1,242 square feet exclusive of permanent sewer easement granted this date.


Stephan R. Henderson
PERMANENT SEWER EASEMENT
A strip of land sixteen (16) feet in width across a tract of land described in a warranty deed in Book 1382 at Page 893 of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the southeast corner of Tract D of a survey shown in Book 366 at Page 358 of the Boone County Records; thence along the south line of said Tract D S.89E34'05"W., 7.75 feet to the POINT OF BEGINNING; thence leaving said line S.14E31'30"W., 120.01 feet; thence S.2E41'40"E., 120.00 feet to the END.

The area of said strip is 3,679 square feet exclusive of 160 square feet of existing sanitary sewer easement.


Stephan R. Henderson
TEMPORARY CONSTRUCTION EASEMENT
A strip of land over a tract of land described in a warranty deed in Book 1382 at Page 893 of the Boone County Records; situate in the southeast quarter (1/4) of Section 33, Township 49 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being described as follows:

Starting at the southeast corner of Tract D of a survey shown in Book 366 at Page 358 of the Boone County Records; thence along the south line of said Tract D S.89E34'05"W., 16.03 feet to the POINT OF BEGINNING; thence leaving said line S.14E31'30"W., 119.08 feet; thence S.2E41'40"E., 121.21 feet; thence N.87E18'20"E., 16.00 feet; thence S.2E41'40"E., 20.00 feet; thence S.87E18'20"W., 40.00 feet; thence N.2E41'40"W., 144.85 feet; thence N.14E31'30"E., 116.31 feet to the south line of said Tract D; thence along said south line N.89E34'05"E., 24.84 feet to the POINT OF BEGINNING and containing 5,878 square feet exclusive of existing sanitary sewer easement.

    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 1st day of April, 2002.