Section 105-058; Ord. 17980; Declaring the need to acquire easements necessary to construct H-21 Relief Sewer (Hominy Branch Watershed from Moon Valley Road to U.S. 63) and to construct a recreational trail


Ordinance No.         17980                            Council Bill No.           B 30-04          


AN ORDINANCE

declaring the need to acquire easements necessary to construct H-21 Relief Sewer (Hominy Branch Watershed from Moon Valley Road to U.S. 63) and to construct a recreational trail; 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 for construction of the H-21 Relief Sewer (Hominy Branch Watershed from Moon Valley Road to U.S. 63) and for construction of a recreational trail described as follows:


Dan Hagan
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-09-001.00
An irregular shaped parcel of land in the southwest corner of Block ‘A’ of a tract of land described in a warranty deed in Book 514 at Page 947 and in a warranty deed in Book 804 at Page 144, said tract being Broadway Village Subdivision, Plat 2 as recorded in Plat Book 19 at Page 52, all 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 subdivision; thence along the west line of said subdivision N.17E38'00"W., 27.49 feet; thence leaving said line N.52E04'25"E., 11.29 feet; thence S.37E55'35"E., 41.30 feet to the south line of said subdivision; thence along said south line S.88E45'25"W., 25.97 feet to the POINT OF BEGINNING and containing 576 square feet inclusive of 504 square feet of platted utility easement and 413 square feet of existing sewer easement. The platted utility easement and the existing sewer easement overlap by 351 square feet.


Dan Hagan
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-09-001.00
A strip of land thirty (30) feet in width across the southeast corner of Block ‘A’ of a tract of land described in a warranty deed in Book 514 at Page 947 and in a warranty deed in Book 804 at Page 144, said tract being Broadway Village Subdivision, Plat 2 as recorded in Plat Book 19 at Page 52, all of the Boone County Records; situate 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 southeast corner of said subdivision; thence along the south line of said subdivision N.86E34'20"W., 220.94 to the POINT OF BEGINNING; thence leaving said south line N.42E07'25"E., 335.31 to the east line of said subdivision and the END of said baseline being N.0E57'15"E., 261.95 feet from said southeast corner of said subdivision.

The above described strip contains 10,059 square feet inclusive of 1,008 square feet of platted utility easement.


Dan Hagan
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-09-001.00
An irregular shaped parcel of land along the west line of Block ‘A’ of a tract of land described in a warranty deed in Book 514 at Page 947 and in a warranty deed in Book 804 at Page 144, said tract being Broadway Village Subdivision, Plat 2 as recorded in Plat Book 19 at Page 52, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the west corner of said tract; thence along the westerly line of said tract N.28E14'30"W., 21.80 feet to the POINT OF BEGINNING; thence continuing along said line N.28E14'30"W., 593.67 feet; thence leaving said line N.60E46'25"E., 28.89 feet; thence S.29E13'35"E., 453.48 feet; thence S.13E38'10"E., 145.46 feet to the POINT OF BEGINNING and containing 5,209 square feet exclusive of existing utility easements.


Dan Hagan
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-09-001.00
An irregular shaped parcel of land along the south line of Blocks ‘A’ and ‘B’ of a tract of land described in a warranty deed in Book 514 at Page 947 and in a warranty deed in Book 804 at Page 144, said tract being Broadway Village Subdivision, Plat 2 as recorded in Plat Book 19 at Page 52, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southeast corner of said tract; thence along the south line of said tract N.86E34'20"W., 220.94 feet to the POINT OF BEGINNING; thence continuing along said line N.86E34'20"W., 1,124.34 feet to the west quarter corner of section 17, Township 48 North, Range 12 West; thence continuing along said line S.88E45'25"W., 287.18 feet to the southwest corner of said subdivision; thence along the west line of said subdivision N.17E38'00"W., 51.13 feet; thence leaving said west line N.72E22'00"E., 26.76 feet; thence S.37E55'35"E., 45.64 feet; thence N.89E08'10"E., 298.11 feet; thence S.86E34'20"E., 991.66 feet; thence N.42E07'25"E., 412.36 feet; thence N.33E38'20"E., 13.93 feet to the east line of said subdivision; thence along said east line S.0E57'15"W., 124.65 feet; thence leaving said east line S.42E07'25"W., 296.42 feet to the POINT OF BEGINNING and containing 0.71 acres exclusive of platted utility easement, existing sewer easement and permanent sewer easement granted this date.

Nahla Stanford
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-012.00
An irregular shaped parcel of land in the southeast corner of a tract of land described in a collector’s deed for taxes in Book 1823 at Page 356, said tract being Lot 12 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, 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 lot; thence along the southeasterly line of said lot S.72E05'45"W., 12.56 feet; thence leaving said line N.13E38'10"W., 52.96 feet to the northeasterly line of said lot; thence along said northeasterly line S.28E14'30"E., 48.15 feet ; thence continuing along said northeasterly line S.17E38'00"E., 5.30 feet to the POINT OF BEGINNING and containing 356 square feet inclusive of 109 square feet of existing sewer easement.


Nahla Stanford
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-012.00
An irregular shaped parcel of land in the southeast corner of a tract of land described in a collector’s deed for taxes in Book 1823 at Page 356 said tract being Lot 12 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, 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 lot; thence along the southeasterly line of said lot S.72E05'45"W., 42.63 feet; thence leaving said line N.13E38'10"W., 170.19 feet to the northeasterly line of said lot; thence along said northeasterly line S.28E14'30"E., 167.12 feet ; thence continuing along said northeasterly line S.17E38'00"E., 5.30 feet to the POINT OF BEGINNING and containing 1,408 square feet exclusive of existing sewer easement and permanent sewer easement granted this date.


Nahla Stanford
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-012.00
An irregular shaped parcel of land along the northeasterly line of a tract of land described in a collector’s deed for taxes in Book 1823 at Page 354, said tract being Lot 11 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, 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 lot; thence along the southeasterly line of said lot S.72E22'00"W., 18.85 feet; thence leaving said line N.13E38'10"W., 90.30 feet to the northwesterly line of said lot; thence along said northwesterly N.72E22'00"E., 12.56 feet to the northeast corner of said lot; thence along the northeasterly line of said lot S.17E38'00"E., 90.09 feet to the POINT OF BEGINNING and containing 1,115 square feet inclusive of 970 square feet of existing sewer easement.


Nahla Stanford
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-012.00
An irregular shaped parcel of land along the northeasterly line of a tract of land described in a collector’s deed for taxes in Book 1823 at Page 354, said tract being Lot 11 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, 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 lot; thence along the southeasterly line of said lot S.72E22'00"W., 48.92 feet; thence leaving said line N.13E38'10"W., 90.30 feet to the northwesterly line of said lot; thence along said northwesterly N.72E22'00"E., 42.63 feet to the northeast corner of said lot; thence along the northeasterly line of said lot S.17E38'00"E., 90.09 feet to the POINT OF BEGINNING and containing 2,236 square feet exclusive of existing sewer easement and permanent sewer easement granted this date.


Nahla Stanford
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-012.00
A strip of land twenty (20) feet in width along the northeasterly line of a tract of land described in a collector’s deed for taxes in Book 1823 at Page 358, said tract being Lot 10 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being ten (10) feet in width on both sides of the following described baseline:

Starting at the southeast corner of said lot; thence along the southeasterly line of said lot S.72E22'00"W., 15.12 feet to the POINT OF BEGINNING; thence leaving said line N.13E38'10"W., 90.30 feet to the END at a point  S.72E22'00"W., 8.83 feet from the northeast corner of said lot.

The above described strip contains 1,796 square feet inclusive of 1,234 square feet of existing sewer easement.


Nahla Stanford
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-012.00
An irregular shaped parcel of land along the northeasterly line of a tract of land described in a collector’s deed for taxes in Book 1823 at Page 358, said tract being Lot 10 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, 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 lot; thence along the southeasterly line of said lot S.72E22'00"W., 55.22 feet; thence leaving said line N.13E38'10"W., 90.30 feet to the northwesterly line of said lot; thence along said northwesterly N.72E22'00"E., 48.92 feet to the northeast corner of said lot; thence along the northeasterly line of said lot S.17E38'00"E., 90.08 feet to the POINT OF BEGINNING and containing 2,209 square feet exclusive of existing sewer easement and permanent sewer easement granted this date.


Ennis L. Rogers and Margret Ann Rogers, husband and wife
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-015.00
A strip of land twenty (20) feet in width over and across a tract of land described in two (2) quit-claim deeds in Book 495 at Pages 213 and 313 and in a warranty deed in Book 495 at Page 312, said tract being Lots 1,2,6,7,8 and 9 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being ten (10) feet in width on both sides of the following described baseline:

Starting at the northeast corner of said Lot 9; thence along the northwesterly line of said lot 9 S.72E22'00"W., 15.12 feet to the POINT OF BEGINNING; thence leaving said line S.13E38'10"E., 43.54 feet; thence S.18E18'15"E., 529.00 feet; thence S.77E09'25"E., 2.65 feet to the END at a point S.72E22'25"W., 9.67 feet from the southeast corner of said lot 1.

The above described strip contains 11,478 square feet inclusive of 2,145 square feet of platted utility easements and 426 square feet of existing sewer easement.


Ennis L. Rogers and Margret Ann Rogers, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-406-00-08-015.00
An irregular shaped parcel of land along the easterly and southerly lines of a tract of land described in two (2) quit-claim deeds in Book 495 at Pages 213 and 313 and in a warranty deed in Book 495 at Page 312, said tract being Lots 1,2,6,7,8 and 9 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said Lot 9; thence along the easterly line of said Lots 1,2 and 6 through 9 S.17E38'00"E., 573.74 feet to the southeast corner of said Lot 1; thence along the southerly line of said Lot 1 S.72E22'25"W., 150.43 feet; thence leaving said southerly line N.16E24'40"W., 44.28 feet; thence N.73E35'20"E., 97.07 feet; thence N.18E18'15"W., 489.29 feet; thence N.13E38'10"W., 42.38 feet to the northerly line of said Lot 9; thence along said northerly line N.72E22'00"E., 55.22 feet to the POINT OF BEGINNING and containing 0.41 acres exclusive of platted utility easements, existing sewer easement and permanent sewer easement granted this date.


Moon Valley Development Company
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-411-00-00-002.00
An irregular shaped parcel of land in the northwesterly part of a tract of land described in a warranty deed in Book 334 at Page 492 of the Boone County Records; situate in the northeast quarter (1/4) of the southeast quarter (1/4) of section 18 Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northwest corner of a survey as described in Book 356 at Page 550 of the Boone County Records; thence along the west line of said survey S.1E14'10"W., 22.25 feet; thence leaving said line N.77E09'25"W., 62.24 feet to the southerly line of Lot 1 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10 of the Boone County Records; thence along said southerly line N.72E22'25"E., 25.10 feet to the southeast corner of said Lot 1; thence along the quarter (1/4) section line N.88E45'25"E., 37.25 feet to the POINT OF BEGINNING and containing 810 square feet inclusive of 59 square feet of existing utility easement.


Moon Valley Development Company
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-411-00-00-002.00
An irregular shaped parcel of land in the north part of a tract of land described in a warranty deed in Book 334 at Page 492 of the Boone County Records; situate in the north half (½) of the southwest quarter (1/4) of section 17 Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of a survey as described in Book 356 at Page 550 of the Boone County Records; thence along the quarter section line S.86E34'20"E., 1,117.93 feet; thence leaving said line S.42E07'25"W., 38.44 feet; thence N.86E34'20"W., 1,092.75 feet to the east line of said survey; thence along said east line N.1E13'30"E., 30.03 feet to the POINT OF BEGINNING and containing 0.76 acres.


Moon Valley Development Company
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-411-00-00-002.00
An irregular shaped parcel of land in the northwesterly part of a tract of land described in a warranty deed in Book 334 at Page 492 of the Boone County Records; situate in the northeast quarter (1/4) of the southeast quarter (1/4) of section 18 Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northwest corner of a survey as described in Book 356 at Page 550 of the Boone County Records; thence along the west line of said survey S.1E14'10"W., 52.88 feet; thence leaving said line N.77E09'25"W., 43.62 feet; thence S.73E35'20"W., 127.98 feet; thence N.16E24'40"W., 35.72 feet to the southerly line of Lot 1 of Moon Valley Subdivision, Block II (revised) as recorded in Plat Book 9 at Page 10 of the Boone County Records; thence along said southerly line N.72E22'25"E., 146.14 feet to the southeast corner of said Lot 1; thence along the quarter (1/4) section line N.88E45'25"E., 37.25 feet to the POINT OF BEGINNING and containing 5,098 square feet exclusive of existing utility easement, existing sewer easement and permanent sewer easement granted this date.


Moon Valley Development Company
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-411-00-00-002.00
An irregular shaped parcel of land in the north part of a tract of land described in a warranty deed in Book 334 at Page 492 of the Boone County Records; situate in the north half (½) of the southwest quarter (1/4) of section 17 Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of a survey as described in Book 356 at Page 550 of the Boone County Records; thence along the quarter section line S.86E34'20"E., 1,124.34 feet; thence leaving said line S.42E07'25"W., 87.13 feet; thence N.86E34'20"W., 1,018.70 feet; thence S.89E08'10"W., 48.55 feet to the east line of said survey; thence along said east line N.1E13'30"E., 71.69 feet to the POINT OF BEGINNING and containing 0.95 acres exclusive of permanent sewer easement granted this date.


Grotmo
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-410-00-00-003.00
The north thirty (30) feet of a tract of land described in a warranty deed in Book 1489 at Page 109 of the Boone County Records; situate in the northeast quarter (1/4) of the southeast quarter (1/4) of section 18, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri and containing 9,000 square feet.


Grotmo
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-410-00-00-003.00
An irregular shaped parcel of land described in a warranty deed in Book 1489 at Page 109; situate in the northeast quarter (1/4) of the southeast quarter (1/4) of section 18, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northwest corner said tract; thence along the north line of said tract, also being the quarter (1/4) section line, N.88E45'25"E., 300.00 feet; thence leaving said line S.1E13'30"W., 71.69 feet; thence S.89E08'10"W., 230.38 feet; thence N.77E09'25"W., 70.96 feet to the west line of said tract; thence along said west line N.1E14'10"E., 52.88 feet to the POINT OF BEGINNING and containing 11,604 square feet exclusive of permanent sewer easement granted this date.

John T. Pekkala and Jane G. Pekkala, husband and wife
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-00-012.00
A strip of land thirty (30) feet in width over and across a tract of land described in a warranty deed in Book 1181 at Page 160 of the Boone County Records; situate in the south half (½) of the north half (½) of section 17, Township 48 North, Range 12 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 southeast corner of Broadway Village Subdivision, Plat 2 as recorded in Plat Book 19 at Page 52 of the Boone County Records; thence along the east line of said subdivision N.0E57'15"E., 261.95 feet to the POINT OF BEGINNING; thence leaving said line N.42E07'25"E., 61.63 feet; thence N.33E38'20"E., 140.00 feet; thence N.56E37'10"E., 230.00 feet; thence S.83E38'45"E., 50.65 feet to the END at a point N.2E49'45"W., 89.18 feet from the easterly corner of said tract.

The above described strip contains 0.33 acres.


John T. Pekkala and Jane G. Pekkala, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-00-012.00
A strip of land eighty (80) feet in width over and across a tract of land described in a warranty deed in Book 1181 at Page 160 of the Boone County Records; situate in the south half (½) of the north half (½) of section 17, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being sixty (60) feet in width on the left or northwesterly side and twenty (20) feet in width on the right or southeasterly side of the following described baseline:

Starting at the southeast corner of Broadway Village Subdivision, Plat 2 as recorded in Plat Book 19 at Page 52 of the Boone County Records; thence along the east line of said subdivision N.0E57'15"E., 261.95 feet to the POINT OF BEGINNING; thence leaving said line N.42E07'25"E., 61.63 feet; thence N.33E38'20"E., 140.00 feet; thence N.56E37'10"E., 230.00 feet; thence S.83E38'45"E., 50.65 feet to the END at a point N.2E49'45"W., 89.18 feet from the easterly corner of said tract.
 
The above described strip contains 0.55 acres exclusive of permanent sewer easement granted this date.


Allan W. Purdy and Vivian C. Purdy
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-00-013.00
An irregular shaped parcel of land over and across a tract of land described in a warranty deed in Book 261 at Page 341 of the Boone County Records; situate in the north half (½) of section 17, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of said tract; thence along the west line of said tract S.2E49'45"E., 195.35 feet to the POINT OF BEGINNING; thence leaving said line S.83E38'45"E., 49.12 feet; thence S.65E52'05"E., 235.03 feet; thence N.62E08'35"E., 104.69 feet; thence N.29E38'30"E., 100.18 feet to the north line of said tract, being the south right-of-way line of Green Valley Drive; thence along said north line S.79E34'00"E., 31.77 feet; thence leaving said north line S.29E38'30"W., 119.38 feet; thence S.62E08'35"W., 128.06 feet; thence N.65E52'05"W., 244.97 feet; thence N.83E38'45"W., 39.58 feet to the west line of said tract; thence along said west line N.2E49'45"W., 30.39 feet to the POINT OF BEGINNING     and containing 0.35 acres inclusive of 655 square feet of existing water line easement and 507 square feet of existing sewer easement.

There is a gas line crossing the west part of this easement for which no easement was found.


Allan W. Purdy and Vivian C. Purdy
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-00-013.00
A strip of land eighty (80) feet in width over and across a tract of land described in a warranty deed in Book 261 at Page 341 of the Boone County Records; situate in the north half (½) of section 17, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being sixty (60) feet in width on the left or north side and twenty (20) feet in width on the right or south side of the following described baseline:

Starting at the northwest corner of said tract; thence along the west line of said tract S.2E49'45"E., 210.54 feet to the POINT OF BEGINNING; thence leaving said line S.83E38'45"E., 44.35 feet; thence S.65E52'05"E., 240.00 feet; thence N.62E08'35"E., 110.00 feet; thence N.29E50'55"E., 114.11 feet to the END on the north line of said tract, being the south right-of-way line of Green Valley Drive, at a point N.79E34'00"W. 73.93 feet from the northeast corner of said tract.

The above described strip contains 0.47 acres exclusive of existing water line easement, existing sewer easement and permanent sewer easement granted this date.

There is a gas line crossing the west part of this easement for which no easement was found.

James N. Hueser and Lorraine A. Hueser, husband and wife
PERMANENT SEWER EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-07-001.00
A strip of land thirty (30) feet in width over and across a tract of land described in a quit-claim deed in Book 1291 at Page 294, said tract being Lot 1 of Broadway East Terrace, also known as Penguin East Condominiums, as recorded in Plat Book 18 at Page 56, both of the Boone County Records; situate in the north half (½) of section 17, Township 48 North, Range 12 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 southwest corner of said lot; thence along the south line of said lot, being the north right-of-way line of Green Valley Drive, S.79E32'55"E., 167.52 feet to the POINT OF BEGINNING; thence leaving said line N.29E50'55"E., 6.16 feet; thence N.68E11'20"E., 277.03 feet to the END on the east line of said lot, being the west right-of-way line of State Route 63, at a point N.3E19'45"W., 170.81 feet from the southeast corner of said lot.

The above described strip contains 8,485 square feet inclusive of 3,532 square feet of platted drainage easement and 430 square feet of platted utility easement.

There is a blanket overhead electric easement for this lot recorded in Book 218 at Page 195 of the Boone County Records.


James N. Hueser and Lorraine A. Hueser, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-07-001.00
A strip of land eighty (80) feet in width over and across a tract of land described in a quit-claim deed in Book 1291 at Page 294, said tract being Lot 1 of Broadway East Terrace, also known as Penguin East Condominiums, as recorded in Plat Book 18 at Page 56, both of the Boone County Records; situate in the north half (½) of section 17, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being sixty (60) feet in width on the left or northwesterly side and twenty (20) feet in width on the right or southeasterly side of the following described baseline:

Starting at the southwest corner of said lot; thence along the south line of said lot, being the north right-of-way line of Green Valley Drive, S.79E32'55"E., 167.52 feet to the POINT OF BEGINNING; thence leaving said line N.29E50'55"E., 6.16 feet; thence N.68E11'20"E., 277.03 feet to the END on the east line of said lot, being the west right-of-way line of State Route 63, at a point N.3E19'45"W., 170.81 feet from the southeast corner of said lot.

The above described strip contains 11,808 square feet exclusive of platted drainage easement, platted utility easement and permanent sewer easement granted this date.

There is a blanket overhead electric easement for this lot recorded in Book 218 at Page 195 of the Boone County Records.


James N. Hueser and Lorraine A. Hueser, husband and wife
RECREATIONAL TRAIL EASEMENT

Project: H-21 Relief Sewer
Parcel: 17-402-00-07-001.00
A strip of land thirty (30) feet in width over and across a tract of land described in a quit-claim deed in Book 1291 at Page 294, said tract being Lot 1 of Broadway East Terrace, also known as Penguin East Condominiums, as recorded in Plat Book 18 at Page 56, both of the Boone County Records; situate in the north half (½) of section 17, Township 48 North, Range 12 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 southwest corner of said lot; thence along the south line of said lot, being the north right-of-way line of Green Valley Drive, S.79E32'55"E., 167.52 feet to the POINT OF BEGINNING; thence leaving said line N.29E50'55"E., 6.16 feet; thence N.68E11'20"E., 277.03 feet to the END on the east line of said lot, being the west right-of-way line of State Route 63, at a point N.3E19'45"W., 170.81 feet from the southeast corner of said lot.

The above described strip contains 8,485 square feet inclusive of 3,532 square feet of platted drainage easement and 430 square feet of platted utility easement.

There is a blanket overhead electric easement for this lot recorded in Book 218 at Page 195 of the Boone County Records.

The above described recreational trail easement is for the exact same described area as a permanent sewer easement listed in the above easement descriptions.

    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 non-resident 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 2nd day of February, 2004.