Section 104-089; Ord. 17596; Authorizing Acquisition of Easements RE: Construction of Sewer District No. 157 (Rollins & Burnam Avenue)

declaring the need to acquire easements necessary to construct Sewer District No. 157 (Rollins & Burnam 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.

A three sided parcel of land in the southwest corner of a tract of land described in a warranty deed in Book 1150 at Page 277, said tract being Lot 1 of La Grange Place as recorded in Plat Book 2 at Page 17, 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.3E34'30"E., 4.82 feet; thence leaving said line S.67E29'15"E., 12.74 feet to the south line of said lot; thence along said south line N.89E41'30"W., 12.07 feet to the POINT OF BEGINNING and containing 29 square feet.

An irregular shaped parcel of land along the south line of a tract of land described in a warranty deed in Book 1150 at Page 277, said tract being Lot 1 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said lot; thence along the west line of said lot N.3E34'30"E., 4.82 feet to the POINT OF BEGINNING; thence continuing along said line N.3E34'30"E., 12.69 feet; thence leaving said line S.67E29'15"E., 25.86 feet; thence S.85E23'50"E., 55.64 feet to the east line of said lot; thence along said east line S.0E04'25"E., 3.54 feet to the southeast corner of said lot; thence along the south line of said lot N.89E41'30"W., 68.38 feet; thence leaving said south line N.67E29'15"W., 12.74 feet to the POINT OF BEGINNING and containing 593 square feet.

A three sided parcel of land along the south line of a tract of land described in a warranty deed in Book 387 at Page 939, said tract being Lot 2 of La Grange Place as recorded in Plat Book 2 at Page 17, 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.0E04'25"W., 3.54 feet; thence leaving said line S.85E23'50"E., 47.31 feet to the south line of said lot; thence along said south line N.89E41'30"W., 47.15 feet to the POINT OF BEGINNING and containing 84 square feet.

A strip of land sixteen (16) feet in width across a tract of land described in a quit-claim deed in Book 775 at Page 356, said tract being part of Lot 9 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the northwest corner of said lot; thence along the west line of said lot S.3E34'30"W., 3.64 feet to the POINT OF BEGINNING; thence leaving said line S.67E29'15"E., 22.15 feet; thence S.85E23'50"E., 60.43 feet to the END on the east line of said lot at a point S.0E04'25"E., 16.52 feet from the northeast corner of said lot. The area of said strip is 1,292 square feet.

A strip of land forty (40) feet in width across a tract of land described in a quit-claim deed in Book 775 at Page 356, said tract being part of Lot 9 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being twenty (20) feet in width on both sides of the following described baseline:

A strip of land sixteen (16) feet in width across a tract of land described in a warranty deed in Book 338 at Page 326, said tract being Lots 10 and 11 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the northwest corner of said Lot 10; thence along the west line of said lot S.0E04'25"E., 16.52 feet to the POINT OF BEGINNING; thence leaving said line S.85E23'50"E., 140.50 feet to the END on the east line of said Lot 11 at a point S.0E05'30"W., 27.04 feet from the northeast corner of said Lot 11. The area of said strip is 2,248 square feet.

A strip of land forty (40) feet in width across a tract of land described in a warranty deed in Book 338 at Page 326, said tract being Lots 10 and 11 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being twenty (20) feet in width on both sides of the following described baseline:

A strip of land sixteen (16) feet in width across a tract of land described in a warranty deed in Book 344 at Page 574, said tract being Lot 12 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the northwest corner of said Lot 12; thence along the west line of said lot S.0E05'30"W., 27.04 feet to the POINT OF BEGINNING; thence leaving said line S.85E23'50"E., 70.11 feet to the END on the east line of said Lot 12 at a point S.0E19'40"W., 32.29 feet from the northeast corner of said Lot 12. The area of said strip is 1,122 square feet.

A strip of land forty (40) feet in width across a tract of land described in a warranty deed in Book 344 at Page 574, said tract being Lot 12 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being twenty (20) feet in width on both sides of the following described baseline:

All that part of a strip of land sixteen (16) feet in width over a tract of land described in a warranty deed in Book 1335 at Page 447, said tract being Lot 13 and part of Lots 6,7,8,14,15, and 16 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the northwest corner of said Lot 13; thence along the west line of said lot S.0E19'40"W.,32.29 feet to the POINT OF BEGINNING; thence leaving said line S.85E23'50"E., 99.96 feet; thence N.24E06'25"E., 32.00 feet to the END. The area of said strip is 1,775 square feet exclusive of that part across a tract of land described in a warranty deed in Book 274 at Page 394 of said Boone County Records.

An irregular shaped parcel of land over a tract of land described in a warranty deed in Book 1335 at Page 447, said tract being Lot 13 and part of Lots 6,7,8,14,15, and 16 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of said Lot 13; thence along the west line of said lot S.0E19'40"W., 12.24 feet to the POINT OF BEGINNING; thence leaving said line S.85E23'50"E., 89.76 feet; thence N.0E03'55"E., 51.00 feet; thence S.89E47'20"E., 36.00 feet; thence S.0E00'00"E., 61.99 feet to the north line of a tract of land described in a warranty deed in Book 274 at Page 394 of said Boone County Records; thence along the north line of said tract N.89E26'55"W., 36.07 feet to the northwest corner of said tract; thence along the west line of said tract S.0E03'55"W., 29.35 feet; thence N.85E23'50"W., 59.86 feet; thence S.0E19'40"W., 125.55 feet to the south line of said plat; thence along said south line N.89E46'15"W., 30.00 feet to the southwest corner of said Lot 13; thence along the west line of said Lot 13 N.0E19'40"E., 167.96 feet to the POINT OF BEGINNING and containing 7,850 square feet exclusive of permanent sanitary sewer easement granted this date.

A strip of land sixteen (16) feet in width across a tract of land described in a warranty deed in Book 274 at Page 394, said tract being part of Lots 14 and 15 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being eight (8) feet in width on both sides of the following described baseline:

Starting at the northwest west corner of said tract; thence along the west line of said tract S.0E03'55"W., 9.29 feet to the POINT OF BEGINNING; thence leaving said line S.85E23'50"E., 10.11 feet; thence N.24E06'25"E., 10.91 feet to the END on the north line of said tract at a point S.89E26'55"E., 14.52 feet from the northwest corner of said tract. The area of said strip is 336 square feet.

A strip of land forty (40) feet in width across a tract of land described in a warranty deed in Book 274 at Page 394, said tract being part of Lots 14 and 15 of La Grange Place as recorded in Plat Book 2 at Page 17, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being twenty (20) feet in width on both sides of the following described baseline:

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.