Section 103-225; Ord. 17265; Authorizing Acquisition of Land Necessary for the Construction of the Rollins Road Street/Traffic Calming Project


Ordinance No.            17265              Council Bill No.            B 127-02           

AN ORDINANCE

declaring the need to acquire land necessary to construct the Rollins Road Street/Traffic Calming 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  the construction of Rollins Road from Rothwell Heights Subdivision to Colonial Gardens Subdivision and for installation of neighborhood traffic calming devices outside the project limits, said land being described as follows:

JOHN S. YEAGER AND THERESA J. YEAGER, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 421 at Page 629, said tract being Lot 57 of Rothwell Heights Block No. 2 as recorded in Plat Book 8 at Page 47, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.85E20'00"W., 9.99 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.69 feet to the east line of said lot (the chord of said curve having bearing and distance of N.49E42'30"E., 14.13 feet); thence along said east line S.4E45'00"W., 9.99 feet to the POINT OF BEGINNING and containing 21 square feet.

JOHN S. YEAGER AND THERESA J. YEAGER, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
The east eight (8) feet of the south thirty (30) feet of a tract of land described in a warranty deed in Book 421 at Page 629, said tract being Lot 57 of Rothwell Heights Block No. 2 as recorded in Plat Book 8 at Page 47, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 219 square feet exclusive of permanent street easement granted this date.

DEBORAH SUE HAGNER, TRUSTEE FOR HALEY HAGNER
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the northeast corner of a tract of land described in a last will and testament in Book 1628 at Page 773, said tract being Lot 56 of Rothwell Heights Block No. 2 as recorded in Plat Book 8 at Page 47, 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.4E45'00"W., 10.01 feet; thence leavings said line along a curve to the left having a radius of 10.00 feet a distance of 15.72 feet to the north line of said lot (the chord of said curve having bearing and distance of N.40E17'30"W., 14.15 feet); thence along said north line S.85E20'00"E., 10.01 feet to the POINT OF BEGINNING and containing 22 square feet.


DEBORAH SUE HAGNER, TRUSTEE FOR HALEY HAGNER
TEMPORARY CONSTRUCTION EASEMENT
The west five (5) feet of the north twenty-five (25) feet of a tract of land described in a last will and testament in Book 1628 at Page 773, said tract being Lot 56 of Rothwell Heights Block No. 2 as recorded in Plat Book 8 at Page 47, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 106 square feet exclusive of permanent street easement granted this date.


PAUL A. WATKINS AND ROSE T. WATKINS, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 404 at Page 703, said tract being Lot 49 of Rothwell Heights Block No. 4 as recorded in Plat Book 10 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.4E45'00"E., 10.01 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.72 feet to the south line of said lot (the chord of said curve having bearing and distance of S.40E17'30"E., 14.15 feet); thence along said south line N.85E20'00"W., 10.01 feet to the POINT OF BEGINNING and containing 22 square feet.

PAUL A. WATKINS AND ROSE T. WATKINS, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
The west ten (10) feet of the south thirty (30) feet of a tract of land described in a warranty deed in Book 404 at Page 703, said tract being Lot 49 of Rothwell Heights Block No. 4 as recorded in Plat Book 10 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 278 square feet exclusive of permanent street easement granted this date.

DAVID W. PIEST AND KAREN I PIEST, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 836 at Page 281, said tract being Lot 48 of Rothwell Heights Block No. 4 as recorded in Plat Book 10 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 lot; thence along the north line of said lot S.85E20'00"E., 9.99 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.69 feet to the west line of said lot (the chord of said curve having bearing and distance of S.49E42'30"W., 14.13 feet); thence along said west line N.4E45'00"E., 9.99 feet to the POINT OF BEGINNING and containing 21 square feet.

DAVID W. PIEST AND KAREN I PIEST, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
The west five (5) feet of the north twenty-five (25) feet of a tract of land described in a warranty deed in Book 836 at Page 281, said tract being Lot 48 of Rothwell Heights Block No. 4 as recorded in Plat Book 10 at Page 6, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 106 square feet exclusive of permanent street easement granted this date.

KAREN L. MEEDS AND ROBERT W. MEEDS, WIFE AND HUSBAND
PERMANENT STREET EASEMENT
A three(3) sided parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 1004 at Page 277, said tract being Lot 14 of Rothwell Heights Block No. 6 as recorded in Plat Book 10 at Page 161, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.85E13'00"W., 9.88 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.59 feet to the east line of said lot (the chord of said curve having bearing and distance of N.50E07'30"E., 14.06 feet); thence along said east line S.5E28'00"W., 9.88 feet to the POINT OF BEGINNING and containing 21 square feet.

KAREN L. MEEDS AND ROBERT W. MEEDS, WIFE AND HUSBAND
TEMPORARY CONSTRUCTION EASEMENT
The east ten (10) feet of the south fifteen (15) feet of a tract of land described in a warranty deed in Book 1004 at Page 277, said tract being Lot 14 of Rothwell Heights Block No. 6 as recorded in Plat Book 10 at Page 161, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 129 square feet exclusive of permanent street easement granted this date.

CHAD C. CLEM AND MOLLY M. CLEM, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 1221 at Page 3, said tract being Lot 23 of Rothwell Heights Block No. 6 as recorded in Plat Book 10 at Page 161, 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.5E28'00"E., 10.12 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.83 feet to the south line of said lot (the chord of said curve having bearing and distance of S.39E52'30"E., 14.23 feet); thence along said south line N.85E13'00"W., 10.12 feet to the POINT OF BEGINNING and containing 22 square feet.

CHAD C. CLEM AND MOLLY M. CLEM, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
The west ten (10) feet of the south fifteen (15) feet of a tract of land described in a warranty deed in Book 1221 at Page 3, said tract being Lot 23 of Rothwell Heights Block No. 6 as recorded in Plat Book 10 at Page 161, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 128 square feet exclusive of permanent street easement granted this date.    

THE HAROLD E. JOHNSON CO., INC.
FEE SIMPLE TITLE
An irregular shaped parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 481 at Page 25 and in a warranty deed in Book 692 at Page 186, both of the Boone County Records; situate in the southwest quarter (1/4) of the northeast quarter (1/4) of Section 16, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of Lot 77 of Broadway Farms Plat 6 as recorded in Plat Book 27 at Page 33 of said Boone County Records; thence along the southerly line of said plat S.58E00'00"E., 432.53 feet to the westerly line of Lot 59 of Broadway Farms Plat 4 as recorded in Plat Book 26 at Page 12 of said Boone County Records at the south corner of Lot 75 of said Plat 6; thence along said westerly line of Lot 59 S.32E00'00"W., 123.41 feet to the east-west quarter section line of Section 16, Township 48 North, Range 13 West at the southwest corner of said Lot 59; thence along said quarter section line N.84E55'40"W., 524.38 feet to the center of said section on the east line of Lot 12 of Rothwell Heights Block 7 as recorded in Plat Book 11 at Page 17 of said Boone County Records; thence along the north-south quarter section line N.0E13'45"E., 193.65 feet to the southeast corner of Lot 11 of said Block 7; thence along the southwesterly line of Lot 147 of Broadway Farms Plat 11 as recorded in Plat Book 28 at Page 87 of said Boone County Records S.84E44'55"E., 41.73 feet to the P.C. of a curve; thence along said curve to the right having a radius of 747.91 feet a distance of 132.14 feet (the chord of said curve having bearing and distance of S.79E39'15"E., 131.97 feet); thence N.21E53'05"E., 130.80 feet to the POINT OF BEGINNING and containing 2.70 acres.

MARIN J. BLEVINS, JR. AND DONNA M. BLEVINS, HUSBAND AND WIFE
TEMP0RARY CONSTRUCTION EASEMENT
A strip of land along the southerly line of a tract of land described in a warranty deed in Book 1441 at Page 652, said tract being Lot 147 of Broadway Farms Plat 11 as recorded in Plat Book 28 at Page 87, 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 southerly line of said lot along a curve to the left having a radius of 750.00 feet a distance of 80.00 feet (the chord of said curve having bearing and distance of N.76E43'00"W., 79.96 feet); thence leaving said line N.10E13'40"E., 15.00 feet; thence along a curve to the right having a radius of 765.00 feet a distance of 67.13 feet to the easterly line of said lot (the chord of said curve having bearing and distance of S.77E15'30"E., 67.11 feet); thence along said easterly line S.27E53'30"E., 20.74 feet to the POINT OF BEGINNING and containing 1,103 square feet all within a platted utility easement.

ASHHAL JASTANIAH AND AZIZA JAMAL-ALLIAL
TEMPORARY CONSTRUCTION EASEMENT
A three (3) sided parcel of land in the south corner of a tract of land described in a warranty deed in Book 1727 at Page 719, said tract being Lot 146 of Broadway Farms Plat 11 as recorded in Plat Book 28 at Page 87, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the south corner of said lot; thence along the westerly line of said lot N.27E53'30"W., 20.74 feet; thence leaving said line along a curve to the right having a radius of 765.00 feet a distance of 16.18 feet to the easterly line of said lot (the chord of said curve having bearing and distance of S.74E08'20"E., 16.18 feet); thence along said easterly line S.22E49'50"W., 15.09 feet to the POINT OF BEGINNING and containing 122 square feet all within a platted utility easement.

MALCOM EARL PARKER AND CHARLOTTE D. PARKER, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 476 at Page 843, said tract being Lot 13 of Colonial Gardens as recorded in Plat Book 7 at Page 73, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.89E06'35"W., 10.03 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.74 feet to the east line of said lot (the chord of said curve having bearing and distance of N.45E48'15"E., 14.16 feet); thence along said east line S.0E43'10"W., 10.03 feet to the POINT OF BEGINNING and containing 22 square feet.

MALCOM EARL PARKER AND CHARLOTTE D. PARKER, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
The south ten (10) feet of the east sixty (60) feet of a tract of land described in a warranty deed in Book 476 at Page 843, said tract being Lot 13 of Colonial Gardens as recorded in Plat Book 7 at Page 73, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 578 square feet exclusive of permanent street easement granted this date.

FRANCIS J. SCHMIDT AND SHARON F. STEVENS, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 646 at Page 538, said tract being Lot 12 of Colonial Gardens as recorded in Plat Book 7 at Page 73, 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.0E43'10"W., 9.97 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 15.68 feet to the north line of said lot (the chord of said curve having bearing and distance of N.44E11'45"W., 14.12 feet); thence along said north line S.89E06'35"E., 9.97 feet to the POINT OF BEGINNING and containing 21 square feet.

BENEDICT JAMES CAMPBELL AND FORTUNE B. CAMPBELL, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 473 at Page 384, said tract being Lot 46 of Colonial Gardens as recorded in Plat Book 7 at Page 73, 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.0E43'10"E., 9.13 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 14.79 feet to the south line of said lot (the chord of said curve having bearing and distance of S.41E39'45"E., 13.48 feet); thence along said south line N.84E02'40"W., 9.13 feet to the POINT OF BEGINNING and containing 17 square feet.

BENEDICT JAMES CAMPBELL AND FORTUNE B. CAMPBELL, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
A strip of land along the west line of a tract of land described in a warranty deed in Book 473 at Page 384, said tract being Lot 46 of Colonial Gardens as recorded in Plat Book 7 at Page 73, 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.0E43'10"E., 39.08 feet; thence leaving said line S.89E16'50"E., 10.00 feet; thence S.0E43'10"W., 40.00 feet to the south line of said lot; thence along said south line N.84E02'40"W., 10.04 feet to the POINT OF BEGINNING and containing 378 square feet exclusive of permanent street easement granted this date.

MARK A. PLACZEK AND MARIE K. PLACZEK, HUSBAND AND WIFE
PERMANENT STREET EASEMENT
A three (3) sided parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 1110 at Page 260, said tract being Lot 40 of Colonial Gardens as recorded in Plat Book 7 at Page 73, 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.84E02'40"E., 10.96 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 16.62 feet to the west line of said lot (the chord of said curve having bearing and distance of S.48E20'15"W., 14.77 feet); thence along said west line N.0E43'10"E., 10.96 feet to the POINT OF BEGINNING and containing 26 square feet.

MARK A. PLACZEK AND MARIE K. PLACZEK, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
A strip of land along the west line of a tract of land described in a warranty deed in Book 1110 at Page 260, said tract being Lot 40 of Colonial Gardens as recorded in Plat Book 7 at Page 73, 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.84E02'40"E., 10.04 feet; thence leaving said line S.0E43'10"W., 30.00 feet; thence N.89E16'50"W., 10.00 feet to the west line of said lot;  thence along said west line N.0E43'10"E., 30.92 feet to the POINT OF BEGINNING and containing 278 square feet exclusive of permanent street easement granted this date.

LISA ANNE EVANS AND STEPHEN WAYNE EVANS, WIFE AND HUSBAND
TEMPORARY CONSTRUCTION EASEMENT
A strip of land along the northerly line of a tract of land described in a warranty deed in Book 1271 at Page 30, said tract being Lot 15 of Colonial Gardens as Recorded in Plat Book 8 at Page 22, 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.83E52'05"E., 1.91 feet; thence along a curve to the left having a radius of 195.00 feet a distance of 126.20 feet to the northeast corner of said lot (the chord of said curve having bearing and distance of N.77E35'25"E., 124.01 feet); thence along the east line of said lot S.0E05'20"E., 11.55 feet; thence leaving said east line along a curve to the right having a radius of 205.00 feet a distance of 126.75 feet (the chord of said curve having bearing and distance of S.78E25'05"W., 124.74 feet); thence N.83E52'05"W., 1.23 feet to the west line of said lot; thence along said west line N.2E13'55"E., 10.02 feet to the POINT OF BEGINNING and containing 1,280 square feet.

WILLIAM M. SELBY AND IDA J. SELBY, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT
A strip of land along the northerly line of a tract of land described in a warranty deed in Book 357 at Page 383, said tract being Lot 14 of Colonial Gardens as Recorded in Plat Book 8 at Page 22, 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 northerly line of said lot along a curve to the left having a radius of 195.00 a distance of 45.84 feet (the chord of said curve having bearing and distance of N.52E18'55"E., 45.73 feet); thence continuing along said line along a curve to the right having a radius of 170.00 feet a distance of 96.62 feet to the northeast corner of said lot (the chord of said curve having bearing and distance of N.61E51'50"E., 95.33 feet); thence along the east line of said lot S.1E00'55"E., 10.19 feet; thence leaving said east line along a curve to the left having a radius of 160.00 feet a distance of 89.02 feet (the chord of said curve having bearing and distance of S.61E31'10"W., 87.88 feet); thence along a curve to the right having a radius of 205.00 feet a distance of 54.12 feet to the west line of said lot (the chord of said curve having bearing and distance of S.53E08'35"W., 53.96 feet); thence along said west line N.0E05'20"W., 11.55 feet to the POINT OF BEGINNING and containing 1,428 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 15th day of April, 2002.