Section 103-295; Ord. 17313; Authorizing Acquisition of Easements RE: Construction of the B-20 Sewer and an 80-Acre Point Sewer Serving Settlers Ridge Subdivision


Ordinance No.            17313              Council Bill No.           B 175-02            

AN ORDINANCE

declaring the need to acquire easements necessary to construct the B-20 Sewer, an 80-acre point sewer to serve Settlers Ridge 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.

    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 the B-20 Sewer, an 80-acre point sewer to serve Settlers Ridge Subdivision described as follows:

Jeffrey E. Smith
PERMANENT SEWER EASEMENT
A STRIP OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF LOT 1, MEADOWLAKE ESTATES, RECORDED IN PLAT BOOK 12, PAGE 18 AND ACROSS PART OF THE TRACTS DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 559, PAGE 755, AND THE QUIT-CLAIM DEED RECORDED IN BOOK 1891, PAGE 144 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE EAST QUARTER CORNER OF SECTION 16-49-12 AS SHOWN BY THE SURVEY RECORDED IN BOOK 1037, PAGE 330; THENCE WITH THE QUARTER SECTION LINE, N88E49'25"W, 2381.80 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID QUARTER SECTION LINE, S1E14'45"W, 83.20 FEET; THENCE N88E45'15"W, 345.88 FEET; THENCE S19E32'50"W, 388.87 FEET; THENCE S66E23'30"W, 247.41 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROUTE B; THENCE WITH SAID EAST RIGHT-OF-WAY LINE, N17E47'35"E, 5.87 FEET; THENCE N5E30'15"E, 17.86 FEET; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, N66E23'30"E, 226.18 FEET; THENCE N19E32'50"E, 399.93 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OAKLAND CHURCH ROAD AS DESCRIBED BY THE QUIT-CLAIM DEED RECORDED IN BOOK 729, PAGE 333; THENCE WITH THE LINES OF SAID RIGHT-OF-WAY, S88E45'15"E, 333.67 FEET; THENCE N1E14'45"E, 58.17 FEET TO THE SECTION LINE; THENCE WITH SAID SECTION LINE, S88E49'25"E, 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.53 ACRES.

Jeffrey E. Smith
TEMPORARY CONSTRUCTION EASEMENT
A STRIP OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF LOT 1, MEADOWLAKE ESTATES, RECORDED IN PLAT BOOK 12, PAGE 18 AND ACROSS PART OF THE TRACTS DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 559, PAGE 755, AND THE QUIT-CLAIM DEED RECORDED IN BOOK 1891, PAGE 144 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE EAST QUARTER CORNER OF SECTION 16-49-12 AS SHOWN BY THE SURVEY RECORDED IN BOOK 1037, PAGE 330; THENCE WITH THE QUARTER SECTION LINE, N88E49'25"W, 2361.80 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID QUARTER SECTION LINE, S1E14'45"W, 118.23 FEET; THENCE N88E45'15"W, 356.39 FEET; THENCE S19E32'50"W, 367.29 FEET; THENCE S66E23'30"W, 273.71 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROUTE B; THENCE WITH SAID EAST RIGHT-OF-WAY LINE, N17E47'35"E, 32.53 FEET; THENCE N5E30'15"E, 40.75 FEET; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, N66E23'30"E, 206.38 FEET; THENCE N19E32'50"E, 384.65 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OAKLAND CHURCH ROAD AS DESCRIBED BY THE QUIT-CLAIM DEED RECORDED IN BOOK 729, PAGE 333; THENCE WITH THE LINES OF SAID RIGHT-OF-WAY, S88E45'15"E, 354.74 FEET; THENCE N1E14'45"E, 58.17 FEET TO THE SECTION LINE; THENCE WITH SAID SECTION LINE, S88E49'25"E, 45.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.43 ACRES INCLUDING THE AREA OF THE PROPOSED PERMANENT SANITARY SEWER EASEMENT.

Victoria V. Heller and First National Bank and Trust Company, Co-Trustees, of the Residuary Trust under the Will of James H. Heller
PERMANENT SEWER EASEMENT
A STRIP OF LAND TWENTY (20) FEET WIDE LOCATED IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE INDEPENDENT PERSONAL REPRESENTATIVES DEED OF DISTRIBUTION RECORDED IN BOOK 755, PAGE 948, AND BEING TEN (10) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE EAST QUARTER CORNER OF SECTION 16-49-12; THENCE WITH THE QUARTER SECTION LINE, N88E49'25"W, 2391.80 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID QUARTER SECTION LINE, N1E14'45"E, 160.00 FEET; THENCE N65E17'00"E, 102.00 FEET; THENCE N6E15'00"W, 227.00 FEET; THENCE N21E28'00"E, 400.00 FEET; THENCE N16E23'00"E, 285.00 FEET; THENCE N0E54'00"W, 344.00 FEET; THENCE N25E14'00"E, 262.00 FEET; THENCE N3E39'00"E, 350.00 FEET; THENCE N28E10'00"E, 340.00 FEET; THENCE N42E25'20"E, 296.90 FEET; THENCE N15E36'00"E, 174.20 FEET TO THE NORTH LINE OF SECTION 16-49-12, THE END OF THE DESCRIBED CENTERLINE.

THE AREA OF THE ABOVE DESCRIBED STRIP IS 1.35 ACRES.


Victoria V. Heller and First National Bank and Trust Company, Co-Trustees, of the Residuary Trust under the Will of James H. Heller
TEMPORARY CONSTRUCTION EASEMENT
A STRIP OF LAND ONE HUNDRED (100) FEET WIDE LOCATED IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE INDEPENDENT PERSONAL REPRESENTATIVES DEED OF DISTRIBUTION RECORDED IN BOOK 755, PAGE 948, AND BEING TWENTY (20) FEET ON THE LEFT OR WESTERLY SIDE OF AND EIGHTY (80) FEET ON THE RIGHT OR EASTERLY SIDE OF AND ADJOINING THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE EAST QUARTER CORNER OF SECTION 16-49-12; THENCE WITH THE QUARTER SECTION LINE, N88E49'25"W, 2391.80 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID QUARTER SECTION LINE, N1E14'45"E, 160.00 FEET; THENCE N65E17'00"E, 102.00 FEET; THENCE N6E15'00"W, 227.00 FEET; THENCE N21E28'00"E, 400.00 FEET; THENCE N16E23'00"E, 285.00 FEET; THENCE N0E54'00"W, 344.00 FEET; THENCE N25E14'00"E, 262.00 FEET; THENCE N3E39'00"E, 350.00 FEET; THENCE N28E10'00"E, 340.00 FEET; THENCE N42E25'20"E, 296.90 FEET; THENCE N15E36'00"E, 174.20 FEET TO THE NORTH LINE OF SECTION 16-49-12, THE END OF THE DESCRIBED LINE.

THE AREA OF THE ABOVE DESCRIBED STRIP IS 5.42 ACRES NOT INCLUDING THE AREA CONTAINED WITHIN THE PROPOSED PERMANENT SEWER EASEMENT.

Victoria V. Heller and First National Bank and Trust Company, Co-Trustees, of the Residuary Trust under the Will of James H. Heller
TEMPORARY ACCESS EASEMENT
A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE INDEPENDENT PERSONAL REPRESENTATIVES DEED OF DISTRIBUTION RECORDED IN BOOK 755, PAGE 948, AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 16-49-12; THENCE WITH THE SECTION LINE, S88E39'55"E, 718.65 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SECTION LINE, S8E10'40"W, 310.00 TO THE END OF THE DESCRIBED CENTERLINE.

THE AREA OF THE ABOVE DESCRIBED STRIP IS 8,770 SQUARE FEET.

Nichols Properties, L.L.C.
PERMANENT SEWER EASEMENT
A STRIP OF LAND TWENTY (20) FEET WIDE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 1108, PAGE 892 AND BEING TEN (10) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 9-49-12 AS SHOWN BY THE SURVEY RECORDED IN BOOK 1629, PAGE 710 OF THE BOONE COUNTY RECORDS; THENCE WITH THE SECTION LINE, S88E39'55"E, 1075.85 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SECTION LINE, N15E36'00"E, 203.80 FEET; THENCE N27E36'30"E, 14.45 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROUTE HH, THE END OF THE DESCRIBED CENTERLINE.

THE AREA OF THE ABOVE DESCRIBED STRIP IS 4365 SQUARE FEET.

Nichols Properties, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 1108, PAGE 892, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 9-49-12 AS SHOWN BY THE SURVEY RECORDED IN BOOK 1629, PAGE 710, OF THE BOONE COUNTY RECORDS; THENCE WITH THE SECTION LINE, S88E39'55"E, 1055.20 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SECTION LINE, N15E36'00"E, 223.90 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROUTE HH; THENCE WITH SAID RIGHT-OF-WAY LINE, S72E11'50"E, 53.15 FEET; THENCE S86E14'00"E, 7.05 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S15E36'00"W, 208.05 FEET TO THE SECTION LINE; THENCE WITH SAID SECTION LINE, N88E39'55"W, 61.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.30 ACRES, INCLUDING THE AREA OF THE PROPOSED PERMANENT SANITARY SEWER EASEMENT.

Nichols Properties, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT
A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 1108, PAGE 892 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 9-49-12 AS SHOWN BY THE SURVEY RECORDED IN BOOK 1629, PAGE 710 OF THE BOONE COUNTY RECORDS; THENCE WITH THE SECTION LINE, S88E39'55"E, 718.65 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SECTION LINE, N8E10'40"E, 67.95 FEET; THENCE N26E22'35"E, 88.85 FEET; THENCE N41E56'00"E, 130.10 FEET; THENCE N24E31'00"E, 73.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROUTE HH, THE END OF THE DESCRIBED CENTERLINE.

THE AREA OF THE ABOVE DESCRIBED STRIP IS 10,800 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 20th day of May, 2002.