Section 104-008 Ord. 17548; Acquisition of Easements Necessary for the Construction of Blue Ridge Road from Garth Avenue to Rangeline Road

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:

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 southerly line of said lot, N 85E46'50"W 5.03 feet; thence leaving said line, N 4E19'40"E 5.13 feet to the easterly line of said lot; thence S 40E11'10"E, along said line, 7.18 feet to the beginning and containing 13 square feet.

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 7.18 feet; thence, leaving said line, N 4E19'40"E 15.13 feet; thence S 85E40'20"E 20.00 feet; thence S 4E19'40"W 20.22 feet to the southerly line of said lot; thence N 85E46'50"W, along said line, 14.97 feet to the beginning and containing 392 square feet or 0.01 acre

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"E, along the westerly line of said tract, 37.45 feet; thence, leaving said line, S 87E08'30"E 477.03 feet to the point of beginning.

From the point of beginning thence S 87E08'30"E 44.83 feet; thence S 13E52'40"W 74.28 feet; thence N 76E07'20"W 44.00 feet; thence N 13E52'40"E 65.72 feet to the beginning and containing 3080 square feet or 0.07 acre.

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.

Starting at the southeast corner of Lot 218 Hunters Gate Plat 2, recorded in plat book 30 page 57, thence S 85E46'50"E 685.84 feet to the point of beginning.

From the point of beginning thence N 4E13'10"E 10.00 feet; thence N 86E21'00"E 42.80 feet; thence N 47E46'50"E 29.00 feet; thence S 85E54'40"E 36.81 feet; thence S 40E00'30"E 29.04 feet; thence S 78E04'20"E 45.86 feet; thence S 4E13'10"W 10.00 feet; thence N 85E46'50"W 164.89 feet to the beginning and containing 3566 square feet or 0.08 acre.

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; thence leaving said line, S 87E08'30"E 372.05 feet to the point of beginning.

From the point of beginning thence S 87E08'30"E 128.79 feet; thence S 87E22'50"E 211.52 feet; thence S 50E29'40"W 141.84 feet; thence N 69E44'00"W 246.78 feet; thence N 2E51'30"E 20.87 feet to the beginning and containing 18,615 square feet or 0.43 acre.

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, the centerline described as follows:

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.

Beginning at a point on the south line of Lot 2B of the administrative plat of Providence North Plat No. 2, recorded in book 1196 page 571, being N 85E46'50"W 153.05 feet from southeast corner of said lot, thence N 85E46'50"W, along the southerly line of said lot, 20.00 feet; thence leaving said line, N 4E05'20"E 22.45 feet; thence S 85E54'40"E 20.00 feet; thence S 4E05'20"W 22.50 feet to the beginning and containing 450 square feet or 0.01 acre.

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.