Section 103-615; Ord. 17515; Acqusition of Easements RE: Construction of Blue Ridge Road from Garth Avenue to Rangeline Road


Ordinance No.            17515              Council Bill No.            B 386-02           

AN ORDINANCE

declaring the need to acquire easements necessary for the construction of Blue Ridge Road from Garth Avenue to Rangeline 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 easements necessary for construction of street improvements to Blue Ridge Road from Garth Avenue to Rangeline Road described as follows:

PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Tract 4 of a survey recorded in book 1522 page 132.

Beginning at a corner of Tract 4 of a survey recorded in book 1522 page 132, shown as being N 85E15'51"W 1250.77 feet, S 0E26'24"W 1163.82 feet, N 89E15'12"E  677.10 feet, N 52E27'12"E 504.40 feet, S 13E14'48"E 310.00 feet, and S85E14'49"E  1497.79 feet from the west quarter corner of Section 36-49-13, thence N 85E14'49"W, along the southerly line of said tract, 72.14 feet; thence, leaving said line, N 4E20'15"E 32.67 feet; thence S 85E39'45"E 69.71 feet to a line of Tract 4 of a survey recorded in book 1522 page 132; thence S 0E08'52"W, along said line, 33.28 feet to the beginning and containing 2335 square feet or 0.05 acre.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Tract 4 of a survey recorded in book 1522 page 132.

Starting at a corner of Tract 4 of a survey recorded in book 1522 page 132, shown as being N 85E15'51"W 1250.77 feet, S 0E26'24"W 1163.82 feet, N 89E15'12"E  677.10 feet, N 52E27'12"E 504.40 feet, S 13E14'48"E 310.00 feet, and S 85E14'49"E 1497.79 feet from the west quarter corner of Section 36-49-13, thence N 85E14'49"W, along the southerly line of said tract, 72.14 feet to the point of beginning.

From the point of beginning, continuing along the southerly line of Tract 4 of a survey recorded in book 1522 page 132, N 85E14'49"W 35.00 feet; thence leaving said line, N 4E20'15"E 32.41 feet; thence N 89E33'40"E 104.44 feet to a line of Tract 4 of a survey recorded in book 1522 page 132; thence S 0E08'52"W, along said line, 8.72 feet; thence N 85E39'45"W 69.71 feet; thence S 4E20'15"W 32.67 feet to the beginning and containing 1594 square feet or 0.04 acre.

PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 37 Hunters Gate Plat 1, recorded in plat book 28 page 36.

Beginning at the northwest corner of Lot 37 Hunters Gate Plat 1, thence along the northerly and easterly lines of said lot, S 85E38'30"E   61.75 feet; thence along a curve to the right having a radius of 30.00 feet, a distance of 44.51 feet, the chord being S 43E08'20"E 40.54 feet; thence S 0E38'20"E 4.52 feet; thence leaving the lines of said Lot 37, along a curve to the left having a radius of 30.00 feet, a distance of 44.51 feet, the chord being  N 43E08'20"W 40.54 feet; thence N 85E38'30"W 62.14 feet to the westerly line of Lot 37 Hunters Gate Plat 1; thence N 4E21'30"E, along said line, 4.50 feet to the beginning and containing 402 square feet or 0.01 acre.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 255 Hunters Gate Plat 2,  recorded in plat book 30 page 51.

The south fifteen (15) feet of Lot 255 Hunters Gate Plat 2, plat recorded in plat book 30 page 51, of the Boone County records.

The area of this easement is 1823 square feet or 0.04 acre.  282 square feet is located outside of existing utility easements.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 247B of the administrative plat of Hunters Gate Plat 2 - B, recorded in book 1248 page 35.

Beginning at the southeast corner of Lot 247B of the administrative plat of Hunters Gate Plat 2 - B, recorded in book 1248 page 35, thence along the lines of said lot, N 85E46'50"W   289.91 feet; thence along a curve to the right having a radius of 30.00 feet, 44.99 feet, the chord being N 42E49'20"W 40.89 feet; thence leaving the lines of said lot, S 46E05'40"E 18.86 feet; thence N 81E50'50"E 52.00 feet; thence S 78E39'10"E 177.00 feet; thence S 85E46'50"E  74.00 feet to the easterly line of said lot; thence S 40E11'10"E, along said line, 7.00 feet to the beginning and containing 4402 square feet.  304 square feet is located outside of existing utility easements.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 217 Hunters Gate Plat 2,  recorded in plat book 30 page 51.

Beginning at the southwest corner of Lot 217  Hunters Gate Plat 2, thence along the westerly line of said lot, N 40E11'10"W 7.00 feet; thence, leaving said line, S 85E46'50"E  95.00 feet; thence N 52E12'00"E  37.35 feet to the easterly line of said lot; thence along the lines of said lot, on a curve to the right having a radius of 30.00 feet, 47.12 feet, the chord being S 49E13'10"W 42.43 feet; thence N 85E46'50"W   87.85 feet to the beginning and containing 755 square feet, which is located entirely within existing utility easements.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 218 Hunters Gate Plat 2,  recorded in plat book 30 page 51.

The south nineteen (19) feet of Lot 218 Hunters Gate Plat 2, plat recorded in plat book 30 page 51, of the Boone County records.

The area of this easement is 2692 square feet, which is located entirely within existing utility easements.

PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract shown by a survey recorded in book 332 page 180.

Beginning at the northwest corner of the tract shown by a survey recorded in book 332 page 180, shown as being S 87E10'E  1399 feet and S 0E50'E  1067 feet from the west quarter corner of Section 36-49-13, thence S 87E15'E, along the northerly line of said tract, 825.00 feet; thence S 2E45'00"W, along the easterly line of said tract, 38.86 feet; thence leaving said line, N 87E08'30"W 821.83 feet to the westerly line of said tract; thence N 2E06'30"W, along said line, 37.45 feet to the beginning and containing 31,360 square feet or 0.72 acre.  10,761 square feet or 0.25 acre of this tract is located south of the existing fence.

PERMANENT DRAINAGE EASEMENT
A strip of land, twenty (20) feet wide, located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract shown by a survey recorded in book 332 page 180, the centerline described as follows:

Starting at the northwest corner of the tract shown by a survey recorded in book 332 page 180, shown as being S 87E10'E  1399 feet and S 0E50'E  1067 feet from the west quarter corner of Section 36-49-13, thence S 2E06'30"W, along the westerly line of said tract, 37.45 feet; thence leaving said line, S 87E08'30"E  490.00 feet to the point of beginning.

From the point of beginning, S 7E08'30"E 40.00 feet to the end of the centerline.

This strip of land contains 800 square feet or 0.02 acre.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract shown by a survey recorded in book 332 page 180.

Starting at the northwest corner of the tract shown by a survey recorded in book 332 page 180, shown as being S 87E10'E 1399 feet and S 0E50'E 1067 feet from the west quarter corner of Section 36-49-13, thence S 2E06'30"W, along the westerly line of said tract, 37.45 feet to the point of beginning.

From the point of beginning, leaving said westerly line, S 87E08'30"E  821.83 feet to the easterly line of said tract described by a survey recorded in book 332 page 180; thence S 2E45'00"W, along said line, 15.00 feet; thence leaving said line, N 87E08'30"W 282.00 feet; S 65E20'30"W 54.11 feet; thence N 70E17'00"W  103.45 feet; thence N 87E08'30"W 392.00 feet to the westerly line of said tract; thence N 2E06'30"W, along said line, 10.04 feet to the beginning and containing 11,149 square feet or 0.25 acre, 1,380 square feet of which is located in an existing transmission line easement.

PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract described by a warranty deed recorded in book 434 page 562.

Beginning at the southeast corner of Lot 218 Hunters Gate Plat 2, recorded in plat book 30 page 57, thence  S 85E46'50"E  981.79 feet to the southwest corner of Lot 3A  Providence North Plat No. 3, recorded in plat book 32 page 78; thence S 1E06'00"W  33.05 feet to the south line of a tract shown by a survey recorded in book 527 page 930; thence N 85E46'50"W, along said line, 980.84 feet; thence leaving said line, N 0E31'50"W 33.11 feet to the beginning and containing 32,383 square feet or 0.74 acre.  
    
TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract described by a warranty deed recorded in book 434 page 562.

Beginning at the southeast corner of Lot 218   Hunters Gate Plat 2, recorded in plat book 30 page 57, thence N 0E31'50"W, along the easterly line thereof, 27.09 feet; thence leaving said line, S 85E46'50"E  225.00 feet; thence S 78E37'20"E   152.93 feet; thence N 78E31'30"E   51.96 feet; thence S 85E46'50"E  50.00 feet; thence S 73E50'00"E   57.97 feet; thence S 85E46'50"E 450.00 feet to the westerly line of Lot 3A  Providence North Plat No. 3; thence S 1E06'00"W, along said line, 10.01 feet to the southwest corner thereof; thence leaving said line, N 85E46'50"W 981.79 feet to the beginning and containing 15,955 square feet or 0.37 acre, located completely within existing utility easements.

PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract shown by a warranty deed recorded in book 1313  page 51.

Beginning at the northeast corner of the tract shown by a survey recorded in book 332 page 180, shown as being S 87E10'E 1399 feet, S 0E50'E 1067 feet and S 87E15'E  825.0 feet from the west quarter corner of Section 36-49-13, thence S 87E15'00"E  2,372.08 feet to the westerly right-of-way of Highway 763 North; thence S 0E22'50"E  148.59 feet; thence, leaving said right-of-way, on a curve to the left having a radius of 126.00 feet, 154.85 feet, the chord being N 51E46'40"W  145.29 feet; thence N 86E59'00"W  127.05 feet; thence along a curve to the right having a radius of 217.00 feet, 48.11 feet, the chord being N 80E38'00"W  48.01 feet; thence N 74E16'50"W 17.09 feet; thence along a curve to the left having a radius of 183.00 feet, 37.81 feet, the chord being N 80E12'00"W  37.74 feet; thence N 86E07'10"W  598.04 feet; thence N 87E22'50"W  934.29 feet; thence N 87E08'30"W  500.81 feet to the easterly line of the tract shown by a tract shown by a survey recorded in book 332 page 180; thence N 2E45'00"E, along said line, 38.86 feet to the beginning and containing 105,515 square feet or 2.42 acres.  35,571 square feet or 0.82 acre of this tract is located south of the existing fence.

PERMANENT DRAINAGE EASEMENT
A strip of land, twenty (20) feet wide,  located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract shown by a warranty deed recorded in book 1313  page 51.

Starting at the northeast corner of the tract shown by a survey recorded in book 332 page 180, shown as being S 87E10'E  1399 feet and S 0E50'E  1067 feet from the west quarter corner of Section 36-49-13, thence S 2E45'00"W, along the easterly line thereof, 38.86 feet; thence leaving said line, S 87E08'30"E   500.81 feet; thence S 87E22'50"E  141.00 feet to the point of beginning.

From the point of beginning, S 34E37'10"W 30.00 feet to the end of the centerline.

This strip of land contains 600 square feet or 0.01 acre.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of the tract shown by a warranty deed recorded in book 1313  page 51.

Starting at the northeast corner of the tract shown by a survey recorded in book 332 page 180, shown as being S 87E10'E  1399 feet and S 0E50'E  1067 feet from the west quarter corner of Section 36-49-13, thence S 2E45'00"W, along the easterly line thereof, 38.86 feet to the point of beginning.

From the point of beginning, thence S 87E08'30"E 500.81 feet; thence S 87E22'50"E   934.29 feet; thence S 86E07'10"E  598.04 feet; thence along a curve to the right having a radius of 183.00 feet, 37.81 feet, the chord being S 80E12'00"E  37.74 feet; thence S 74E16'50"E  17.09 feet; thence along a curve to the left having a radius of 217.00 feet, 48.11 feet, the chord being S 80E38'00"E  48.01 feet; thence S 86E59'00"E 127.05 feet; thence along a curve to the right having a radius of 126.00 feet, 154.85 feet to the westerly right-of-way of Highway 763 North, the chord being S 51E46'40"E  145.29 feet; thence  S 0E22'50"E, along said right-of-way, 11.41 feet; thence, leaving said right-of-way, N 46E02'00"W   120.00 feet; thence N 86E59'00"W 170.00 feet; thence N 69E03'50"W   65.00 feet; thence N 87E15'00"W   2058.80 feet to the easterly line of the tract shown by a survey recorded in book 332 page 180; thence N 2E45'00"E, along said line, 20.76 feet to the beginning and containing 45,333 square feet or 1.04 acres,  417 square feet of which is located within an existing sewer easement.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 3A Providence North Plat No. 3, recorded in plat book 32 page 78.

The south twelve (12) feet of Lot 3A Providence North Plat No. 3, plat recorded in plat book 32 page 78, of the Boone County records.

The area of this easement is 4714 square feet or 0.11 acre, located completely within  existing utility easements.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 2C of the administrative plat of Providence North Plat No. 2, recorded in book 1196 page 571.

The south fifteen (15) feet of Lot 2C of the administrative plat of Providence North Plat No. 2, recorded in book 1196 page 571, containing 1806 square feet or 0.04 acre, located completely within existing utility easements.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 2B of the administrative plat of Providence North Plat No. 2, recorded in book 1196 page 571.

The south sixteen (16) feet of Lot 2B of the administrative plat of Providence North Plat No. 2, recorded in book 1196 page 571, containing 6278 square feet or 0.14 acre, located completely within existing utility easements.

PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 2A2 of the administrative plat of Providence North Plat No. 2-A, recorded in book 1245 page 282.

Beginning at the southeast corner of Lot 2A2 of the administrative plat of  Providence North Plat No. 2-A, recorded in book 1245 page 282, thence N 85E46'50"W, along the southerly line thereof, 160.91 feet; thence leaving said line, S 86E56'20"E   60.92 feet; thence N 4E13'10"E 58.77 feet; thence S 85E46'50"E   96.74 feet to the easterly line of said lot; thence S 1E06'20"W, along said line, 60.09 feet to the beginning and containing 5940 square feet, or 0.14 acre.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 2A2 of the administrative plat of  Providence North Plat No. 2-A, recorded in book 1245 page 282.

Beginning at the southwest corner of Lot 2A2 of the administrative plat of  Providence North Plat No. 2-A,  recorded in book 1245 page 282, thence N 1E06'20"E, along the westerly line thereof, 20.00 feet; thence leaving said line, S 85E46'50"E  215.68 feet; thence S 4E13'10"W 18.74 feet; thence N 86E56'20"W   60.92 feet to the southerly line of said lot; thence N 85E46'50"W, along said line, 153.68 feet to the beginning and containing 4259 square feet, or 0.10 acre.
PERMANENT STREET EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 2A1 of the administrative plat of  Providence North Plat No. 2-A,  recorded in book 1245 page 282.

Beginning at the southwest corner of Lot 2A1 of the administrative plat of  Providence North Plat No. 2-A, recorded in book 1245 page 282, thence N 1E06'20"E, along the westerly line thereof, 1.74 feet; thence leaving said line, S 85E30'50"E   129.09 feet; thence N 50E30'20"E 44.12 feet to the easterly line of said  lot; thence along the lines of said lot, on a curve to the right having a radius of 30.00 feet, 48.75 feet, the chord being S 47E39'50"W   43.56 feet; thence N 85E46'50"W   130.93 feet to the beginning and containing 517 square feet or 0.01 acre.

TEMPORARY CONSTRUCTION EASEMENT
A tract of land located in the southwest quarter of Section 36 T49N R13W in Columbia, Boone County, Missouri, being part of Lot 2A1 of the administrative plat of  Providence North Plat No. 2-A,  recorded in book 1245 page 282.

Beginning at a point on the westerly line of  Lot 2A1 of the administrative plat of  Providence North Plat No. 2-A,  recorded in book 1245 page 282, being  N 1E06'20"E   1.74 feet from the southwest corner thereof, thence N 1E06'20"E, along said line, 161.26 feet; thence leaving said line, S 88E59'50"E   75.94 feet; S 1E00'10"W   147.28 feet; thence S 85E46'50"E   48.69 feet; thence N 76E42'50"E   38.76 feet to the easterly line of said  lot; thence, leaving said line, S 50E30'20"W 44.12 feet; thence  N 85E30'50"W 129.09 feet to the beginning.

The area of this easement is 13,771 square feet or 0.32 acre.  10,359 square feet or 0.24 acre is located outside of existing utility easements.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section 1 by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all 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 November, 2002.