Section 105-172; Ord. 18052; Declaring the need to acquire easements to construct the East Broadway (Route WW), from Old 63 to U.S. Highway 63, street improvement project; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            018052                          Council Bill No.         B100-04          

AN ORDINANCE

declaring the need to acquire easements to construct the East Broadway (Route WW), from Old 63 to U.S. Highway 63, street improvement 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 for the East Broadway (Route WW), from Old 63 to U.S. Highway 63, street improvement project described as follows:

Dan Hagan
TEMPORARY CONSTRUCTION EASEMENT
Part of a tract of land located in the northeast quarter of Section 18, Township 48 North, Range 12 West in Columbia, Boone County, Missouri, being described by a Quit-Claim Deed recorded in Book 514, Page 948 and more particularly described as follows:

BEGINNING at the northwest corner of said tract and also being the northeast corner of a survey recorded in Book 354, Page 598;  thence S 71E02'00"E 138.52 feet; thence S 59E43'00"E 162.99 feet; thence S 61E16'40"W 52.31 feet; thence N 59E29'30"W 156.69 feet; thence S 44E52'00"W 12.51 feet; thence N 45E08'00"W 115.77 feet to the beginning and containing 10572 square feet.


Dan Hagan
TEMPORARY CONSTRUCTION EASEMENT
Starting at the west quarter corner of Section 17-48-12; thence, following the lines of Broadway Village, S 87E05'E 1319.3 feet; thence N 0E27'E 1270.7 feet; thence N 48E57'W 217.3 feet; thence S 39E18'W 20.4 feet; thence N 52E55'W  21.9 feet to the POINT OF BEGINNING.

From the point of beginning S 37E05'00"W 20.00 feet; thence N 52E55'00"W 98.09 feet; thence N 71E11'00"W 100.27 feet; thence S 18E49'00"W 5.00 feet; thence N 71E11'00"W 40.00 feet; thence N 18E49'00"E 25.00 feet; thence S 71E11'00"E 143.49 feet; thence S 52E55'00"E 101.31 to the beginning and containing 5032 square feet.


Blaylock Wise, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT
Part of a tract of land located in the northeast quarter of Section 18, Township 48 North, Range 12 West in Columbia, Boone County, Missouri, being shown by a survey recorded in Book 354, Page 598 and described by a warranty deed recorded in Book 1797, Page 981 and more particularly described as follows:

BEGINNING at the northwesterly corner of said tract; thence S 71°39'00"E 120.78 feet; thence S 45°47'00"E 115.77 feet; thence S 44°13'00"W 17.49 feet; thence N 44°47'10"W 124.47 feet; thence N 71°39'00"W 110.02 feet; thence S 18°21'00"W  26.00 feet; thence N 71°39'00"W 19.63 feet; thence N 51°20'E 42.92 feet to the beginning and containing 3434 square feet.


Jean Isabel Smith Revocable Trust Agreement
TEMPORARY CONSTRUCTION EASEMENT
Part of a tract of land located in the northeast quarter of Section 18, Township 48 North, Range 12 West in Columbia, Boone County, Missouri, being Tract 1 of a survey recorded in Book 326, Page 345 and described by a Trustees’ Deed recorded in Book 1287, Page 627 and more particularly described as follows:

BEGINNING at the northwest corner of said tract; thence S 71E39'00"E 359.60 feet; thence S 51E20'W 42.92 feet; thence N 71E39'00"W 66.37 feet; thence N 18E21'00"E 26.00 feet; thence N 71E39'00"W 224.55 feet; thence S 18E21'00"W 35.00 feet;  thence N 71E39'00"W 54.05 feet; thence N 29E20'00"E 45.84 feet to the beginning and containing 7291 square feet.


Robert Charles Smith as Trustee under the Robert Charles Smith Trust Agreement
TEMPORARY CONSTRUCTION EASEMENT
Part of a tract of land located in the northeast quarter of Section 18, Township 48 North, Range 12 West in Columbia, Boone County, Missouri, being Tract 2 of a survey recorded in Book 326, Page 345 and described by a Trustee’s Deed recorded in Book 1287, Page 630 and more particularly described as follows:

BEGINNING at the northeast corner of said tract; thence S 29E20'00"W 44.32 feet; thence N 71E39'00"W 39.95 feet; thence N 24E10'10"E 39.90 feet; thence S 86E57'E 14.44 feet; thence S 71E39'00"E 30.42 feet to the beginning and containing 1800 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 19th day of April, 2004..