Section 105-147; Ord. 18036; Declaring the need to acquire easements to construct F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project - Phase 1; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.          018036                            Council Bill No.          B 84-04         

AN ORDINANCE

declaring the need to acquire easements to construct F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project - Phase 1; 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 F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project - Phase 1 described as follows:
MU Deuteron Fraternal Corporation, a Missouri Corporation
PERMANENT DRAINAGE EASEMENT
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A twenty (20) foot wide strip of land lying across Lot 65 in La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; said strip being ten (10) feet on each side of the following described centerline:

Starting at the northeast corner of Lot 65; Thence along the west right-of-way line of Maryland Avenue, S08°23’55"W, 42.06 feet to the POINT OF BEGINNING;

Thence leaving said west right of way line, N81°36’05"W, 119.97 feet to a point on the west line of said Lot 65 and the terminus of this centerline, said point lies S08°23’15"W, 41.38 feet from the northwest corner of said Lot 65;  the sidelines of said described strip being shortened or elongated to meet the property line of said Grantor.

Said strip of land contains 2,400 square feet.


MU Deuteron Fraternal Corporation, a Missouri Corporation
PERMANENT SANITARY SEWER EASEMENT
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A sixteen (16) foot wide strip of land, lying across Lots 64 and 65 in La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; Said strip being eight  (8) feet on each side of the following described centerline:

Starting at the southeast corner of Lot 64; Thence along the west right-of-way line of Maryland Avenue, N08°23’55"E, 8.70 feet to the intersection of said centerline to the POINT OF BEGINNING;

Thence leaving said right-of-way line, N81°37’45"W, 95.55 feet; Thence S53°40’50"W, 34.37 feet to a point on the west line of Lot 65 and the terminus of this centerline, said point lies S08°23’15"W, 14.86 feet from the northwest corner of said Lot 65; The sidelines of said described strip being shortened or elongated to meet the property lines of the Grantor.

Said strip of land contains 2,080 square feet.


MU Deuteron Fraternal Corporation, a Missouri Corporation
TEMPORARY CONSTRUCTION EASEMENT
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A portion of Lots 64, 66, 67, 68, and 69 and all of Lot 65 in La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder, being more particularly described as follows:

Beginning at the Southeast Corner of said Lot 64, thence along the west right-of-way line of Maryland Avenue, S08°23'55"W, 67.06; Thence leaving said right-of-way line, N81°36'05"W, 101.28; Thence S10°33'24"W, 201.18; Thence N81°24'57"W, 11.07 feet to the intersection with the west line of said Lot 69; Thence along the west line of Lots 69, 68,67,66, 65 and 64, N08°23'15"E, 287.70 feet; Thence leaving said west line, N53°40'50"E, 19.90 feet; Thence S81°37'47"E, 105.84 feet to a point on the east line of said Lot 64, being the west right-of-way line of Maryland Avenue; Thence along said right-of-way, S08°23'55"W, 33.70 feet to POINT OF BEGINNING.

EXCEPT those portions of Lots 64 and 65 lying in the permanent drainage and sanitary sewer easements.

Said easement contains 10,495 square feet.


Zeta Tau Alpha Fraternity House Corporation
PERMANENT DRAINAGE EASEMENT
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A twenty (20) foot wide strip of land across Lot 47 of the La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; said strip being ten (10) feet on each side of the following described centerline:

Starting at the northeast corner of said Lot 47; Thence with the east line of said Lot 47, S08°23’15"W, 41.38 to the POINT OF BEGINNING;

Thence leaving said east Line, N81°40’35"W, 100.48 feet to the point of curvature of a 50.00 foot radius curve to the left; Thence along said curve 19.93 feet to a point on the west line of said lot, being the east right-of-way line of Richmond Avenue being the end of this centerline description, said point lies S08°23’55"W, 44.78 feet from the northwest corner of said Lot 47;  the sidelines of said described strip being shortened or elongated to meet the property line of said Grantor;

Said easement contains 2,410 square feet.

Zeta Tau Alpha Fraternity House Corporation
PERMANENT SANITARY SEWER EASEMENT
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A sixteen (16) foot wide strip of land lying across Lots 50 and 51 of La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; Said strip being eight (8) feet on each side of the following described centerline:

Starting at the northwest corner of said Lot 51; Thence along the west line of said lot being the east right-of-way line of Richmond Avenue, S08°23’55"E, 5.89 feet to the POINT OF BEGINNING; Thence leaving said right-of-way line, S81°24’55"E, 119.92 feet to a point on the east line of said Lot 51, and the end of this centerline description, said point lies S08°23’15"W, 6.95 feet from the northeast corner of said Lot 51; The sidelines of said described strip being shortened or elongated to meet the property lines of the Grantor.

EXCEPT that portion of said strip lying in the existing 20-foot sanitary sewer easement recorded in Book 354, Page 392 in the office of the Boone County Recorder.

Said easement contains 1,750 square feet.


Zeta Tau Alpha Fraternity House Corporation
TEMPORARY CONSTRUCTION EASEMENT
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A portion of a tract of land described in Warranty Deeds recorded in Book 498, Page 671 and Book 478, Page 103 in the office of the Boone County Recorder;  being parts of Lots 47, 48, 49, 50, 51, and 52 in La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; and being more particularly described as follows:

Starting at the northeast corner of said Lot 47;  Thence along the east line of said Lot 47, S08°23'15"W, 10.00 feet to northeast corner of said tract being the POINT OF BEGINNING;

Thence continuing along said east line of said tract, S08°23'15"W, 257.38 feet; Thence leaving said east Line, N81°24'55"W, 49.52 feet; Thence S06°29’25"W, 35.54 feet; Thence N83°30'35"W, 71.60 feet to a point on the west line of said tract, being the east right-of-way line of Richmond Avenue; Thence N08°23'40"E, 88.13 feet with the east line of Richmond Avenue; Thence leaving said right-of-way line, S81°24'55"E, 82.83 feet; Thence N10°33'25"E, 150.94 feet; Thence N81°40'35"W, 88.53 feet to a point on the west line of said tract, being the east right-of-way line of Richmond Avenue; Thence N08°23'40"E, 50.00 feet with the east line of Richmond Avenue; Thence leaving said right-of-way line, S81°40'35"E, 90.42 feet; Thence N10°33'25"E, 6.26 feet to a point on the north line of said tract; Thence S81°55'25"E, 29.22 feet to the POINT OF BEGINNING.

EXCEPT, that portion of said tract lying in the permanent drainage and sanitary sewer easements.

Said easement contains 10,500 square feet.


Alpha Chi Omega House Corporation, a Missouri Corporation
TEMPORARY CONSTRUCTION EASEMENT  
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A triangle of land lying in the southeast corner of a tract of land described in a Warranty Deed recorded in Book 708, Page 987 in the office of the Boone County Recorder; said triangle being part of Lots 46 and 47 in La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; and being more particularly described as follows:

Beginning at the northeast corner of said Lot 47; Thence S08°23'16"W, 10.00 feet with the east line of Lot 47 to the southeast corner of said tract; Thence N81°55'25"W, 29.22 feet with the south line of said tract; Thence leaving the south line of said tract, N10°33'25"E, 1.62 feet; Thence N53°40'56"E, 41.03 feet to a point on the east line of Lot 46; Thence S08°23'15"W, 20.32 feet along the east line of Lot 46 to the POINT OF BEGINNING;

Said easement contains 470 square feet.


Gene and Mary Windmiller, Husband and Wife
TEMPORARY CONSTRUCTION EASEMENT  
Project:    F-1 Relief Sewer - Phase 1 (UMC South Campus Relief Sewer)and Maryland Avenue Drainage Project - Phase 1

A strip of land lying in the northwest corner of a tract of land described in a Trustee’s Special Warranty Deed recorded in Book 1374, Page 369 in the office of the Boone County Recorder; said strip being part of Lot 69 in La Grange Place to the City of Columbia, as shown on a plat recorded in Plat Book 2, Page 17, in the office of the Boone County Recorder; and being more particularly described as follows:

Beginning at the northwest corner of said Lot 69; Thence S81°55'27"E, 12.29 feet with the north line of Lot 69; Thence leaving said north line, S10°33'25"W, 32.08 feet; Thence N81°24'57"W, 11.06 feet to a point on the west line of said Lot 69; Thence N08°22'32"E, 31.95 feet to the POINT OF BEGINNING;

Said easement contains 375 square feet.

    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 5th day of April, 2004.