Section 105-105; Ord. 18012; Declaring the need to acquire easements necessary to construct the West Boulevard-Marygene Street drainage project; authorizing acquisition by negotiation or, if necessary by condemnation


Ordinance No.            18012                              Council Bill No.            B 61-04           


AN ORDINANCE

declaring the need to acquire easements necessary to construct the West
Boulevard-Marygene Street drainage project; 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 to construct the West Boulevard-Marygene Street drainage project described as follows:

Joesph F. Tonnies and Margaret A. Tonnies, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-12-023

The east sixteen (16) feet of a tract of land described in a warranty deed in Book 2358 at Page 50, said tract being Lots 7 through 12 of Bateman’s Addition Block B as recorded in Plat Book 3 at Page 41, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 2,389 square feet inclusive of 597 square feet in a platted utility easement.

Joesph F. Tonnies and Margaret A. Tonnies, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-12-023

The east thirty-one (31) feet of a tract of land described in a warranty deed in Book 2358 at Page 50, said tract being Lots 7 through 12 of Bateman’s Addition Block B as recorded in Plat Book 3 at Page 41, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 2,240 square feet exclusive of platted utility easement and permanent drainage easement granted this date.

Roberta T. Wood and Mary K. Romesburg, Co-Trustees
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-12-027

A strip of land along the south line of a tract of land described in a warranty deed in Book 1601 at Page 77, said tract being Lots 1 through 6 of Bateman’s Addition Block B as recorded in Plat Book 3 at Page 41, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the southeast corner of Lot 6 of said plat; thence along the south line of said lot N.82°57'30"W., 107.66 feet; thence leaving said line N.0°40'55"E., 10.00 feet; thence S.82°57'30"E., 107.66 feet to the east line of said lot, said line being the west right-of-way line of West Boulevard; thence along said east line S.0°40'55"W., 10.00 feet to the POINT OF BEGINNING and containing 1,070 square feet.

Roberta T. Wood and Mary K. Romesburg, Co-Trustees
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-12-027

The south twenty-five (25) feet of a tract of land described in a warranty deed in Book 1601 at Page 77, said tract being Lots 1 through 6 of Bateman’s Addition Block B as recorded in Plat Book 3 at Page 41, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 2,313 square feet exclusive of 101 square feet of platted utility easement and permanent drainage easement granted this date.
AND
A four sided parcel of land along the north line of said tract; said parcel being described as follows:

BEGINNING at the northwest corner of said tract; thence along the north line of said tract, said line being the south right-of-way line of Marygene Street, S.82°50'15"E., 45.30 feet; thence leaving said north line S.0°31'55"W., 8.05 feet; thence N82°50'15"W., 45.30 feet to the west line of said tract; thence along said west line N.0°31'55"E., 8.05 feet to the POINT OF BEGINNING and containing 330 square feet exclusive of 32 square feet of platted utility easement.

James Bryce Borwick
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-11-002

A four sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 1539 at Page 608, said tract being Lot 10 and part of Lot 11 of Hulett’s Addition as recorded in Plat Book 4 at Page 4, both 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 tract; thence along the east line of said tract S.0°39'50"W., 16.10 feet; thence leaving said line N.82°57'30"W., 21.00 feet; thence N.0°39'50"E., 16.10 feet to the north line of said tract; thence along said north line S.82°57'30"E., 21.00 feet to the POINT OF BEGINNING and containing 336 square feet.

Anne M. Langendoerfer
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-11-001

A four sided parcel of land along the north line of a tract of land described in a warranty deed in Book 2174 at Page 871, said tract being Lot 9 of Hulett’s Addition as recorded in Plat Book 4 at Page 4, both 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 tract; thence along the east line of said tract, said line being the west right-of-way line of West Boulevard, S.0°40'55"W., 12.00 feet; thence leaving said line N.82°57'30"W., 107.66 feet; thence N.0°40'55"E., 12.00 feet to the north line of said tract; thence along said north line S.82°57'30"E., 107.66 feet to the POINT OF BEGINNING and containing 1,284 square feet.

Anne M. Langendoerfer
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-317-00-11-001

The north sixteen (16) feet of a tract of land described in a warranty deed in Book 2174 at Page 871, said tract being Lot 9 of Hulett’s Addition as recorded in Plat Book 4 at Page 4, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,104 square feet exclusive of permanent drainage easement granted this date.

Gregory Casey and Joan E. Casey, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-011

An irregular shaped parcel of land in the south part of a tract of land described in a warranty deed in Book 1337 at Page 516, said tract being part of Lot 21 of Garth’s Addition as recorded in Book 94 at Page 298, 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, said line being the east right-of-way line of West Boulevard, N.0°40'55"E., 12.09 feet; thence leaving said line S.82°25'45"E., 25.00 feet; thence S.0°40'55"W., 4.00 feet; thence S.82°25'45"E., 114.94 feet to the east line of said tract; thence S.0°18'05"W., 8.00 feet to the south line of said tract, said line being the north right-of-way line of West Walnut Court; thence along said south line N.82°25'45"W., 139.99 feet to the POINT OF BEGINNING and containing 1,211 square feet.

Gregory Casey and Joan E. Casey, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-011

An irregular shaped parcel of land in the south and east parts of a tract of land described in a warranty deed in Book 1337 at Page 516, said tract being part of Lot 21 of Garth’s Addition as recorded in Book 94 at Page 298, 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, said line being the east right-of-way line of West Boulevard, N.0°40'55"E., 12.09 feet; thence leaving said line S.82°25'45"E., 25.00 feet; thence S.0°40'55"W., 4.00 feet; thence S.82°25'45"E., 69.75 feet; thence N.0°18'05"E., 27.00 feet; thence S.89°12'50"E., 20.83 feet; thence N.0°18'05"E., 29.69 feet; thence N.89°12'50"W., 12.00 feet; thence N.0°18'05"E., 40.00 feet; thence S.89°12'50"E., 36.00 feet to the east line of said tract; thence along said east line S.0°18'05"W., 110.04 feet to the south line of said tract, said line being the north right-of-way line of West Walnut Court; thence along said south line N.82°25'45"W., 139.99 feet to the POINT OF BEGINNING and containing 3,483 square feet exclusive of permanent drainage easement granted this date.

Jeffrey D. Collins
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-029

The north thirty (30) feet of a tract of land described in a warranty deed in Book 992 at Page 550, said tract being part of Lot 21 of Garth’s Addition as recorded in Book 94 at Page 298, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,802 square feet.

James David Hughes and Linda Callaway Hughes, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-030

The north fifty-four (54) feet of a tract of land described in a warranty deed in Book 1466 at Page 18, said tract being part of Lot 22 of Garth’s Addition as recorded in Book 94 at Page 298, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 3,618 square feet.

David Allan Graber
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-027

A four sided parcel of land along the east line of a tract of land described in a warranty deed in Book 488 at Page 673, said tract being part of Lot 19 of Garth’s Addition as recorded in Book 94 at Page 298, both 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 tract; thence along the east line of said tract S.0°30'00"W., 105.80 feet; thence leaving said line N.89°30'00"W., 5.00 feet; thence N.0°30'00"E., 106.42 feet to the north line of said tract, said line being the south right-of-way line of West Walnut Court; thence along said north line S.82°25'45"E., 5.04 feet to the POINT OF BEGINNING and containing 531 square feet.

David Allan Graber
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-027

An irregular shaped parcel of land along the east line of a tract of land described in a warranty deed in Book 488 at Page 673, said tract being part of Lot 19 of Garth’s Addition as recorded in Book 94 at Page 298, both 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 tract; thence along the east line of said tract S.0°30'00"W., 105.80 feet; thence leaving said line N.89°30'00"W., 5.00 feet; thence N.0°30'00"E., 7.00 feet; thence N.89°30'00"W., 15.00 feet; thence N.0°30'00"E., 15.00 feet; thence S.89°30'00"E., 15.00 feet; thence N.0°30'00"E., 41.18 feet; thence N.89°30'00"W., 10.00 feet; thence N.0°30'00"E., 44.48 feet to the north line of said tract, said line being the south right-of-way line of West Walnut Court; thence along said north line S.82°25'45"E., 15.12 feet to the POINT OF BEGINNING and containing 664 square feet exclusive of permanent drainage easement granted this date.

Steven R. Weinberg and Scheryl Goettsch, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-026

A four sided parcel of land along the west line of a tract of land described in a warranty deed in Book 2254 at Page 232, said tract being part of Lot 19 of Garth’s Addition as recorded in Book 94 at Page 298, 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, said line being the south right-of-way line of West Walnut Court, S.82°25'45"E., 5.04 feet; thence leaving said line S.0°30'00"W., 105.18 feet; thence N.89°30'00"W., 5.00 feet to the west line of said tract; thence along said west line N.0°30'00"E., 105.80 feet to the POINT OF BEGINNING and containing 527 square feet.

Steven R. Weinberg and Scheryl Goettsch, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-026

An irregular shaped parcel of land along the west line of a tract of land described in a warranty deed in Book 2254 at Page 232, said tract being part of Lot 19 of Garth’s Addition as recorded in Book 94 at Page 298, 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, said line being the south right-of-way line of West Walnut Court, S.82°25'45"E., 15.12 feet; thence leaving said line S.0°30'00"W., 40.76 feet; thence N.89°30'00"W., 10.00 feet; thence S.0°30'00"W., 45.18 feet; thence S.89°30'00"E., 30.00 feet; thence S.0°30'00"W., 18.00 feet; thence N.89°30'00"W., 35.00 feet to the west line of said tract; thence along said west line N.0°30'00"E., 105.80 feet to the POINT OF BEGINNING and containing 954 square feet exclusive of permanent drainage easement granted this date.

Christopher L. Gilland
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-025

A four sided parcel of land along the east line of a tract of land described in a quit-claim deed in Book 1451 at Page 267 and in a trustee’s deed in Book 1340 at Page 819, said tract being part of Lot 19 of Garth’s Addition as recorded in Book 94 at Page 298, 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 tract; thence along the east line of said tract S.0°33'55"W., 98.00 feet; thence leaving said line N.89°26'05"W., 8.00 feet; thence N.0°33'55"E., 98.98 feet to the north line of said tract, said line being the south right-of-way line of West Walnut Court; thence along said north line S.82°25'45"E., 8.06 feet to the POINT OF BEGINNING and containing 788 square feet.

Christopher L. Gilland
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-07-025

An irregular shaped parcel of land along the north and east lines of a tract of land described in a quit-claim deed in Book 1451 at Page 267 and in a trustee’s deed in Book 1340 at Page 819, said tract being part of Lot 19 of Garth’s Addition as recorded in Book 94 at Page 298, 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 tract; thence along the east line of said tract S.0°33'55"W., 98.00 feet; thence leaving said line N.89°26'05"W., 28.00 feet; thence N.0°33'55"E., 17.00 feet; thence S.89°26'05"E., 20.00 feet; thence N.0°33'55"E., 51.98 feet; thence N.82°25'45"W., 40.00 feet; thence N.0°33'55"E., 30.00 feet to the north line of said tract, said line being the south right-of-way line of West Walnut Court; thence along said north line S.82°25'45"E., 48.06 feet to the POINT OF BEGINNING and containing 1,531 square feet exclusive of permanent drainage easement granted this date.

Raymond Powell, trustee
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-011

The south eight (8) feet of the west twenty-three (23) feet of a tract of land described in a warranty deed in Book 1049 at Page 453, said tract being Lot 28 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 184 square feet inclusive of 60 square feet of platted sewer and utility easement.

Raymond Powell, trustee
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-011

The south eight (8) feet of the east ten (10) feet of the west thirty-three (33) feet of a tract of land described in a warranty deed in Book 1049 at Page 453, said tract being Lot 28 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 80 square feet.

Lisa Rose Kulage
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-012

The west eight (8) feet and the east fifteen (15) feet of the west twenty-three (23) feet of the north twenty-five (25) feet of a tract of land described in a warranty deed in Book 1971 at Page 869 and in a warranty deed in Book 1971 at Page 871, said tract being Lot 29 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 930 square feet inclusive of 518 square feet of platted sewer and utility easement.

Lisa Rose Kulage
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-012

The west twenty-three (23) feet and the north twenty-five (25) feet of the east ten (10) feet of the west thirty-three (33) feet of a tract of land described in a warranty deed in Book 1971 at Page 869 and in a warranty deed in Book 1971 at Page 871, said tract being Lot 29 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 910 square feet exclusive of platted sewer and utility easement and exclusive of permanent drainage easement granted this date.

Joann Nichols
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-013

The west eight (8) feet of a tract of land described in a warranty deed in Book 511 at Page 705, said tract being Lot 30 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 513 square feet inclusive of 481 square feet of platted sewer and utility easement.

Joann Nichols
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-013

The west twenty-three (23) feet of a tract of land described in a warranty deed in Book 511 at Page 705, said tract being Lot 30 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 962 square feet exclusive of platted sewer and utility easement and exclusive of permanent drainage easement granted this date.

Jay L. Kelly and Denise Kelly, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-13-96 W. Boulevard-Marygene
Parcel: 16-318-00-08-014

A four sided parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 568 at Page 246, said tract being Lot 31 of Ridgeway’s Subdivision as recorded in Plat Book 4 at Page 7, 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.82°25'45"E., 8.06 feet; thence leaving said north line S.0°33'55"W., 4.14 feet; thence N.89°26'05"W., 8.00 feet to the west line of said tract; thence along said west line N.0°33'55"E., 5.12 feet to the POINT OF BEGINNING and containing 37 square feet inclusive of 35 square feet of platted sewer and utility easement.

    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 1st day of March, 2004.