Section 103-557; Ord. 17476; Acquisition of Easements RE: Sixth Street Improvement Project from Wilkes Boulevard to Hickam Avenue


Ordinance No.          17476                Council Bill No.            B 343-02           

AN ORDINANCE

declaring the need to acquire permanent street easements, permanent drainage easements and temporary construction easements to construct the Sixth Street improvement project from Wilkes Boulevard to Hickman Avenue; 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 street easements, permanent drainage easements and temporary construction easements (which shall include the right to permanently alter the grade) to construct the Sixth Street improvement project from Wilkes Boulevard to Hickman Avenue.  The land to be acquired is in the northeast quarter of Section 12, Township 48 North, Range 13 West in the City of Columbia, Boone County, Missouri, more particularly described as follows:

GARY PFAU
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-00-00 Sixth Street
The west five (5) feet of a tract of land described in a warranty deed in Book 703 at Page 47, said tract being the west part of Lot 2 of Boone County Survey #4429, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 750 square feet.


DONNA K. DAVIS
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west nine (9) feet and the east thirty-six (36) feet of the west forty-five (45) feet of the north eighteen (18) feet of a tract of land described in a warranty deed in Book 1543 at Page 595, said tract being Lot 21 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,330 square feet.


HAROLD C. HINSHAW
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west five (5) feet and the east nine (9) feet of the west fourteen (14) feet of the south twenty-one (21) feet of a tract of land described in a quit-claim deed in Book 1121 at Page 43, said tract being Lot 20 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 590 square feet.


MARTHA S. TOLER
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west five (5) feet and the east four (4) feet of the west nine (9) feet of the south twenty-five (25) feet of a tract of land described in a quit-claim deed in Book 751 at Page 760, said tract being Lot 16 and Lot 17 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 900 square feet.

JAMES W. PARKS
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west five (5) feet and the east four (4) feet of the west nine (9) feet of the north five (5) feet of a tract of land described in a warranty deed in Book 1378 at Page 190, said tract being Lot 13 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 420 square feet.

ERIC DEUTCHMAN
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west five (5) feet of a tract of land described in a warranty deed in Book 1014 at Page 46, said tract being the north part of Lot 12 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 260 square feet.


MAURICE DANIEL BARKER
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west thirteen (13) feet and the east forty-nine (49) feet of the west sixty-two (62) feet of the south twelve (12) feet of a tract of land described in a warranty deed in Book 744 at Page 470, said tract being the south part of Lot 12 and the north part of Lot 9 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,275 square feet.


MARGARET E. MURRAY, TRUSTEE
PERMANENT DRAINAGE EASEMENT

Project: 32-05-00 Sixth Street
The south sixteen (16) feet of a tract of land described in a warranty deed in Book 1336 at Page 127, said tract being the south part of Lot 9 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 2,110 square feet.

MARGARET E. MURRAY, TRUSTEE
TEMPORARY CONSTRUCTION  EASEMENT

Project: 32-05-00 Sixth Street
The west eleven (11) feet and the east nineteen (19) feet of the west thirty (30) feet of the south twenty (20) feet of a tract of land described in a warranty deed in Book 1336 at Page 127, said tract being the south part of Lot 9 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 505 square feet exclusive of permanent drainage easement granted this date.


STANLEY M. OWEN AND NADINE OWEN, HUSBAND AND WIFE
PERMANENT DRAINAGE EASEMENT

Project: 32-05-00 Sixth Street
The west forty (40) feet of the south twenty (20) feet and a three sided parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 478 at Page 824, said tract being the northwest part of Lot 19 of Northern Addition as recorded in Book 40 at Page 214, 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.82E09'45"E., 30.00 feet; thence leaving said line S.61E52'10"W., 33.74 feet to the west line of said lot; thence along said west line N.0E06'15"E., 20.00 feet to the POINT OF BEGINNING.

The total area is 1,100 square feet.


STANLEY M. OWEN AND NADINE OWEN, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west thirteen (13) feet of a tract of land described in a warranty deed in Book 478 at Page 824, said tract being the northwest part of Lot 19 of Northern Addition as recorded in Book 40 at Page 214, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 505 square feet exclusive of permanent drainage easement granted this date.

CAROLYN P. WENNEKER
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west eleven (11) feet of a tract of land described in a quit-claim deed in Book 810 at Page 717, said tract being the south part of Lot 19 of Northern Addition as recorded in Book 40 at Page 214, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 55 square feet.

KENNETH C. EICHELBERGER AND DANIEL R. EICHELBERGER
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west eleven (11) feet of a tract of land described in a warranty deed in Book 966 at Page 879, said tract being the northwest part of Lot 18 of Northern Addition as recorded in Book 40 at Page 214, both of the Boone County records; situate in the City of Columbia, Boone County, Missouri and containing 550 square feet.

SAMUEL G. OWEN AND MELISSA C. OWEN, HUSBAND AND WIFE
PERMANENT DRAINAGE EASEMENT

Project: 32-05-00 Sixth Street
The west sixteen (16) feet of the north sixteen (16) feet of a tract of land described in a warranty deed in Book 1056 at Page 66, said tract being the southwest part of Lot 18 and the west part of Lot 17 of Northern Addition as recorded in Book 40 at Page 214, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 260 square feet.


SAMUEL G. OWEN AND MELISSA C. OWEN, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The west fifteen (15) feet of the south five (5) feet and an irregular shaped parcel of land along the west line of a tract of land described in a warranty deed in Book 1056 at Page 66, said tract being the southwest part of Lot 18 and the west part of Lot 17 of Northern Addition as recorded in Book 40 at Page 214, 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.83E12'45"E., 13.09 feet; thence leaving said line S.0E06'15"W., 22.10 feet; thence S.85E59'55"W., 12.10 feet; thence S.2E59'15"E., 15.00 feet; thence S.15E13'15"E., 3.32 feet; thence S.1E40'05"W., 32.86 feet; thence N.83E12'45"W., 1.73 feet to the west line of said tract; thence along said west line N.0E06'15"E., 75.32 feet to the POINT OF BEGINNING.

The total area is 265 square feet exclusive of permanent drainage easement granted this date.

Excavation is prohibited closer than on (1) foot of any structure.

ALVIN R. CORBIN AND MARIA M. CORBIN, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east five (5) feet and the west twenty-five (25) feet of the east thirty (30) feet of the south nineteen (19) feet of a tract of land described in a warranty deed in Book 1557 at Page 570, said tract being the northeast part of Lot 3 of Boone County Survey #4429, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 855 square feet.


JUDY C. MORGAN
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east fourteen (14) feet and the west twenty-two (22) feet of the east thirty-six (36) feet of the south ten (10) feet of a tract of land described in a warranty deed in Book 852 at Page 589, said tract being part of Lot 3 of Boone County Survey #4429, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 745 square feet.

Excavation is prohibited closer than one (1) foot of any structure.


PAT HEMPHILL AND DELORES HEMPHILL, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east fourteen (14) feet and the west twenty-two (22) feet of the east thirty-six (36) feet of the north eight (8) feet of a tract of land described in a warranty deed in Book 1123 at Page 552, said tract being part of Lot 3 of Boone County Survey #4429, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 730 square feet.

Excavation is prohibited closer than one (1) foot of any structure.


DAVE B. HENDERSON
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east fourteen (14) feet and the west fifteen (15) feet of the east twenty-nine (29) feet of the south five (5) feet of a tract of land described in a warranty deed in Book 1439 at Page 324, said tract being the northeast part of Lot 30 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 565 square feet.

Excavation is prohibited closer than one (1) foot of any structure.


JAMES L. ROEMER, CHRISTOPHER J. CORLEY, JR. AND AMY M. GRAY
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east fourteen (14) feet and the west fifteen (15) feet of the east twenty-nine (29) feet of the north nine (9) feet of a tract of land described in a warranty deed in Book 1310 at Page 293, said tract being the southeast part of Lot 30 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 660 square feet.

Excavation is prohibited closer than one (1) foot of any structure.


HAROLD C. HINSHAW
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east nine (9) feet and the west twenty (20) feet of the east twenty-nine (29) feet of the south nineteen (19) feet of a tract of land described in a quit-claim deed in Book 1121 at Page 43, said tract being Lot 31 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,060 square feet.


HAROLD C. HINSHAW
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east eleven (11) feet and the west eighteen (18) feet of the east twenty-nine (29) feet of the north three (3) feet and the west twenty-one (21) feet of the east thirty-two (32) feet of the south twelve (12) feet of a tract of land described in a quit-claim deed in Book 1121 at Page 43, said tract being Lot 34 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,190 square feet.


DELTON L. JACOBS
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east twenty-six (26) feet and the west six (6) feet of the east thirty-two (32) feet of the north seven (7) feet of a tract of land described in a quit-claim deed in Book 1002 at Page 553, said tract being the north half (1/2) of Lot 35 of Nowell’s Addition as recorded in Book 80 at page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,085 square feet.

Excavation is prohibited closer than one (1) foot of any structure.

ROY L KEY AND DOROTHY L. KEY
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east twenty-six (26) feet of a tract of land described in a warranty deed in Book 390 at Page 10, said tract being the south half (1/2) of Lot 35 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,070 square feet.


COLUMBIA COMMUNITY DEVELOPMENT CORPORATION, A MISSOURI CORPORATION
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east seven (7) feet and the west fifteen (15) feet of the east twenty-two (22) feet of the north fifty-six (56) feet of a tract of land described in a warranty deed in Book 1973 at Page 725, said tract being Lot 38 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,430 square feet.


JULIE R. ALONGI
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east seven (7) feet and the west five (5) feet of the east twelve (12) feet of the north forty-seven (47) feet and the west eleven (11) feet of the of the east twenty-three (23) feet of the south ten (10) feet of the north forty-seven (47) feet of a tract of land described in a quit-claim deed in Book 1712 at Page 651, said tract being Lot 39 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 925 square feet.


DOUGLAS S. FREEMAN
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east seven (7) feet and the west ten (10) feet of the east seventeen (17) feet of the south nine (9) feet of the north forty (40) feet of a tract of land described in a quit-claim deed in Book 1378 at Page 371, said tract being Lot 42 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 650 square feet.


RICHARD H. LUDWIG
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east seven (7) feet and the west six (6) feet of the east thirteen (13) feet of the south seven (7) feet of the north forty-seven (47) feet of a tract of land described in a warranty deed in Book 1293 at Page 84, said tract being Lot 43 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 602 square feet.


MORCHED BEN AYED AND LILIA BEN AYED, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east eight (8) feet of a tract of land described in a warranty deed in Book 1508 at Page 695, said tract being part of Lot 2 and part of Lot 3 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 300 square feet.



SHOW ME PROPERTIES, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
The east ten (10) feet and the west sixteen (16) feet of the east twenty-six (26) feet of the south ten (10) feet of the north twenty-two (22) feet of a tract of land described in a warranty deed in Book 1359 at Page 140, said tract being part of Lot 3 of Nowell’s Addition as recorded in Book 80 at Page 177, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 536 square feet.


CHRIST THE KING AGAPE CHURCH
PERMANENT STREET EASEMENT

Project: 32-05-00 Sixth Street
A three sided parcel of land in the southeast corner of a tract of land described in a quit-claim deed in Book 1781 at Page 471, said tract being the southeast part of Lot 3 of Nowell’s Addition as recorded in Book 80 at Page 177, 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 tract; thence along the south line of said tract N.83E12'45"W., 11.24 feet; thence leaving said line along a curve to the left having a radius of 10.00 feet a distance of 16.87 feet (the chord of said curve having bearing and distance of N.48E26'45"E., 14.94 feet) to the east line of said tract; thence along said east line S.0E06'15"W., 11.24 feet to the POINT OF BEGINNING and containing 28 square feet.

CHRIST THE KING AGAPE CHURCH
TEMPORARY CONSTRUCTION EASEMENT

Project: 32-05-00 Sixth Street
An irregular shaped parcel of land along the east line of a tract of land described in a quit-claim deed in Book 1781 at Page 471, said tract being the southeast part of Lot 3 of Nowell’s Addition as recorded in Book 80 at Page 177, 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 tract; thence along the south line of said tract N.83E12'45"W., 40.27 feet; thence leaving said line N.0E06'15"E., 3.02 feet; thence S.83E12'45"E., 35.90 feet; thence N.2E14'20"E., 44.51 feet; thence N.83E12'45"W., 7.37 feet; thence N.0E06'15"E., 37.25 feet to the north line of said tract; thence along said north line S.83E12'45"E., 10.07 feet to the northeast corner of said tract; thence along the east line of said tract S.0E06'15"W., 84.94 feet to the POINT OF BEGINNING and containing 620 square feet exclusive of permanent street easement granted this date.

Excavation is prohibited closer than one (1) foot of any structure.


COLUMBIA SCHOOL DISTRICT
PERMANENT DRAINAGE EASEMENT

Project: 32-05-00 Sixth Street
A strip of land thirty (30) feet in width in a tract of land described in a warranty deed in Book 180 at Page 18 of the Boone County Records; situate in the northwest quarter (1/4) of the northeast quarter (1/4) of Section 12, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being fifteen (15) feet in width on both sides of the following described baseline:

Starting at the northwest corner of the intersection of Seventh Street and Wilkes Boulevard; thence along the north right-of-way line of said Wilkes Boulevard N.82E11'40"W., 252.15 feet to the POINT OF BEGINNING; thence leaving said right-of-way line N.7E48'20"E., 33.00 feet to the END.

The above described strip contains 990 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 21st day of October, 2002.