Section 105-174; Ord. 18054; Declaring the need to acquire easements necessary to construct Sewer District No. 158 (Old Plank Subdivision); authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.         018054                           Council Bill No.         B102-04        

AN ORDINANCE

declaring the need to acquire easements necessary to construct Sewer District No. 158 (Old Plank Subdivision); 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 Sewer District No. 158 (Old Plank Subdivision) described as follows:

Ina S. Cunningham, trustee
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-007.00
A strip of land along the west line of part of a tract of land described in a warranty deed in Book 1291 at Page 138, said part being described in a survey in Book 297 at Page 561, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being described as follows:

Starting at the northwest corner of said tract; thence along the west line of said tract S.6E27’45”W., 62.95 feet to the POINT OF BEGINNING ; thence leaving said line N.22E24’55”E., 74.28 feet to the north line of said tract; thence along said north line N.73E55’50”E., 20.44 feet; thence leaving said north line S.22E24’55”W., 84.76 feet; thence S.6E27’45”W., 104.44 feet; thence S.80E04’25”W., 16.68 feet to said west line; thence along said west line N.6E27’45”E., 111.39 feet to the POINT OF BEGINNING and containing 2,999 square feet.


Ina S. Cunningham, trustee
TEMPORARY ACCESS EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-007.00
An irregular shaped parcel of land in the southwest corner of part of a tract of land described in a warranty deed in Book 1291 at Page 138, said part being described in a survey in Book 297 at Page 561, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being described as follows:

BEGINNING at the southwest corner of said tract; thence along the west line of said tract N.6E27’45”E., 36.42 feet, thence leaving said line N.80E04’25”E., 23.97 feet; thence S.6E27’45”W., 35.46 feet to the south line of said tract; thence along said south line S.77E54’40”W., 24.26 feet to the POINT OF BEGINNING and containing 827 square feet inclusive of 537 square feet in existing road right-of-way.


Ina S. Cunningham, trustee
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-007.00
A strip of land along the west line of part of a tract of land described in a warranty deed in Book 1291 at Page 138, said part being described in a survey in Book 297 at Page 561, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being described as follows:

Starting at the northwest corner of said tract; thence along the west line of said tract S.6E27’45”W., 37.48 feet to the POINT OF BEGINNING ; thence leaving said line N.22E24’55”E., 44.23feet to the north line of said tract; thence along said north line N.73E55’50”E., 38.33 feet; thence leaving said north line S.22E24’55”W., 89.34 feet; thence S.6E27’45”W., 101.40 feet; thence S.80E04’25”W., 23.97 feet to said west line; thence along said west line N.6E27’45”E., 136.86 feet to the POINT OF BEGINNING and containing 1,745 square feet exclusive of permanent sanitary sewer easement granted this date.    


Toni J. Milstead
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-01-001.00
The north fifteen (15) feet of a tract of land described in a warranty deed in Book 1989 at Page 1, said tract being Lot 1 of Rocky Creek Estates Subdivision as recorded in Plat Book 30 at Page 28, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri.

ALSO

A strip of land along the east line of said tract and being described as follows:

Starting at the northeast corner of said tract; thence along the east line of said tract S.6E27’45”W., 66.13 feet to the POINT OF BEGINNING; thence continuing along said line S.6E27’45”W., 136.86 feet; thence leaving said line N.88E22’00”W., 7.02 feet; thence N.6E27’45”E., 112.96 feet; thence N.22E24’55”E., 25.47 feet to the POINT OF BEGINNING.

The areas of the two (2) strips are 1,662 square feet and 874 square feet respectively.


Philip H. Norvell
Carlton McCarty and Marilyn McCarty, husband and wife
Susan K. Popkes, f/k/a Susan P. Hodges
A. Shawn Blakey and Gina S. Blakey, husband and wife
Judith A. Heidlage
Thomas Vaughn and Kathy Vaughn, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-005.00
All that part of a strip of land sixteen (16) feet in width across a part of a tract of land described in a warranty deed in Book 246 at Page 508, said part being Lot 10 of Old Plank Road Subdivision as recorded in Plat Book 8 Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, 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 southeast corner of said Lot 10; thence along the south line of said lot S.73E55’50”W., 19.16 feet to the POINT OF BEGINNING; thence leaving said line N.22E24’55”E., 75.68; thence N.57E34’35”W., 152.00 feet; thence N.34E37’45”E., 130.87 feet to the END at a point S.81E10’50”E., 8.50 feet from the northwest corner of said lot.

The above described strip contains 4,954 square feet.


Philip H. Norvell
Carlton McCarty and Marilyn McCarty, husband and wife
Susan K. Popkes, f/k/a Susan P. Hodges
A. Shawn Blakey and Gina S. Blakey, husband and wife
Judith A. Heidlage
Thomas Vaughn and Kathy Vaughn, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-005.00
An irregular shaped parcel of land over a part of a tract of land described in a warranty deed in Book 246 at Page 508, said part being Lot 10 of Old Plank Road Subdivision as recorded in Plat Book 8 Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said Lot 10; thence along the south line of said lot S.73E55’50”W., 51.48; thence N.6E27’45”E., 28.65 feet; thence S.82E20’35”W., 117.16 feet; thence N.6E41’20”E., 94.00 feet to the west line of said lot; thence along said west line N.31E22’45”E., 191.13 feet to the northwest corner of said lot; thence along the north line of said lot S.81E10’50”E., 25.16 feet; thence leaving said north line S.34E37’45”W., 122.54 feet; thence S.78E50’10”E., 118.77 feet to the east line of said lot; thence along said east line S.8E51’30”W., 129.00 feet to the POINT OF BEGINNING and containing 19,658 square feet exclusive of permanent sanitary sewer easement granted this date.


Carlton McCarty and Marilyn McCarty, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-006.00
A three sided parcel of land along the west line of a tract of land described in a warranty deed in Book 355 at Page 562, said tract being Lot 9 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.8E51’30”E., 29.85 feet to the POINT OF BEGINNING; thence continuing along said line N.8E51’30”E., 44.52 feet; thence leaving said line S.57E34’35”E., 10.60 feet; thence S.22E24’55”W., 41.44 feet to the POINT OF BEGINNING and containing 216 square feet.


Carlton McCarty and Marilyn McCarty, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-006.00
An irregular shaped parcel of land along the west line of a tract of land described in a warranty deed in Book 355 at Page 562, said tract being Lot 9 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of said tract; thence along the west line of said tract N.8E51’30”E., 129.00; thence leaving said line S.9E46’20”E., 58.00 feet; thence S.11E30’00”W., 67.00 feet to the south line of said tract; thence along said south line S.74E08’00”W., 17.00 feet to the POINT OF BEGINNING and containing 1,485 square feet exclusive of permanent sanitary sewer easement granted this date.


Susan K. Popkes,
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-001.00
An irregular shaped parcel of land along the east line of a tract of land described in a quit-claim deed in Book 1662 at Page 349, said tract being Lot 11 and part of Lot 7 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of said tract; thence S.33E19’50”W., 39.43 feet to the POINT OF BEGINNING; thence continuing along said line S.33E19’50”W., 15.28 feet; thence S.31E22’45”W., 135.39 feet; thence leaving said line N.57E34’35”W., 8.03 feet; thence N.34E37’45”E., 150.76 feet to the POINT OF BEGINNING and containing 569 square feet inclusive of 3 square feet of platted utility easement.


Susan K. Popkes,
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-001.00
An irregular shaped parcel of land along the east line of a tract of land described in a quit-claim deed in Book 1662 at Page 349, said tract being Lot 11 and part of Lot 7 of Old Plank Road Subdivision as recorded in Plat Book 8 at page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said tract; thence S.33E19’50”W., 54.70 feet; thence S.31E22’45”W., 142.39 feet; thence leaving said line N.57E34’35”W., 15.43 feet; thence N.34E37’45”E., 194.43 feet to the north line of said tract; thence along said north line S.81E42’50”E., 6.81 feet to the POINT OF BEGINNING and containing 1,043 square feet exclusive of platted utility easement and permanent sanitary sewer easement granted this date.


A. Shawn Blakey and Gina S. Blakey, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-002.00
An irregular shaped parcel of land along the east line of a tract of land described in a warranty deed in Book 1821 at Page 600, said tract being Lot 5 and part of Lot 7 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of said Lot 5; thence along the north line of said lot S.83E15’35”E., 89.49 feet to the POINT OF BEGINNING; thence continuing along said line S.83E15’35”E., 17.54 feet; thence leaving said line S.30E53’45”W., 79.36 feet; thence S.24E46’40”E., 4.74 feet to the east line of said lot; thence along said east line S.33E18’25”W., 18.85 feet; thence leaving said east line N.24E46’40”W., 23.15 feet; thence N.30E53’45”E., 80.64 feet to the POINT OF BEGINNING and containing 1,503 square feet inclusive of 329 square feet of platted utility easement.


A. Shawn Blakey and Gina S. Blakey, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-002.00
An irregular shaped parcel of land along the east line of a tract of land described in a warranty deed in Book 1821 at Page 600, said tract being Lot 5 and part of Lot 7 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of said Lot 5; thence along the north line of said lot S.83E15’35”E., 81.81 feet to the POINT OF BEGINNING; thence continuing along said line S.83E15’35”E., 32.88 feet; thence leaving said line S.30E53’45”W., 11.83 feet to the east line of said lot; thence along said east line S.33E18’25”W., 95.66; thence along the east line of said Lot 7 S.33E19’50”W., 52.47 feet to the southeast corner of said tract; thence along the south line of said tract N.81E42’50”W., 6.81 feet; thence leaving said south line N.34E37’45”E., 53.61 feet; thence N.24E46’40”W., 25.36 feet; thence N.30E53’45”E., 81.20 feet to the POINT OF BEGINNING and containing 691 square feet exclusive of platted utility easement and permanent sanitary sewer easement granted this date.


Judith A. Heidlage
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-003.00
A strip of land sixteen (16) feet in width in the south part of a tract of land described in a quit-claim deed in Book 1169 at Page 759, said tract being Lot 4 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, 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 southwest corner of said lot; thence along the south line of said lot S.83E15’35”E., 98.25 feet to the POINT OF BEGINNING; thence leaving said line N.30E53’45”E., 21.50 feet to the END.

The above described strip contains 344 square feet inclusive of 5 square feet of platted utility easement.


Judith A. Heidlage
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-003.00
A strip of land thirty (30) feet in width in the south part of a tract of land described in a quit-claim deed in Book 1169 at Page 759, said tract being Lot 4 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 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 S.83E15’35”E., 98.25 feet to the POINT OF BEGINNING; thence leaving said line N.30E53’45”E., 35.50 feet to the END.

The above described strip contains 602 square feet exclusive of platted utility easement and permanent sanitary sewer easement granted this date.


Thomas Vaughn and Kathy Vaughn, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-004.00
All that part of a strip of land sixteen (16) feet in width along the west line of a tract of land described in a warranty deed in Book 1104 at Page 887, said tract being Lots 6 and 8 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, 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 southwest corner of said Lot 8; thence along the south line of said lot S.81E10’50”E., 8.50 feet to the POINT OF BEGINNING; thence leaving said line N.34E37’45”E., 110.13 feet; thence N.24E46’40”W., 12.06 feet to the END on the west line of said Lot 6 at a point S.33E18’25”W., 94.90 feet from the northwest corner of said Lot 6.

The above described strip contains 1,953 square feet inclusive of 899 square feet of platted utility easement.


Thomas Vaughn and Kathy Vaughn, husband and wife
TEMPORARY ACCESS EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-004.00
The south twenty-five (25) feet of a tract of land described in a warranty deed in Book 1104 at Page 887, said tract being Lots 6 and 8 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri and containing 4,009 square feet exclusive of permanent sanitary sewer easement and temporary construction easement granted this date.


Thomas Vaughn and Kathy Vaughn, husband and wife
TEMPORARTY CONSTRUCTION EASEMENT
Project: Sewer District 158
Parcel: 20-306-00-02-004.00
All that part of a strip of land thirty (30) feet in width along the west line of a tract of land described in a warranty deed in Book 1104 at Page 887, said tract being Lots 6 and 8 of Old Plank Road Subdivision as recorded in Plat Book 8 at Page 37, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 2, Township 47 North, Range 13 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 8; thence along the south line of said lot S.81E10’50”E., 8.50 feet to the POINT OF BEGINNING; thence leaving said line N.34E37’45”E., 110.13 feet; thence N.24E46’40”W., 12.06 feet to the END on the west line of said Lot 6 at a point S.33E18’25”W., 94.90 feet from the northwest corner of said Lot 6.

The above described strip contains 892 square exclusive of platted utility easement and permanent sanitary sewer easement granted this date.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section l by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all licenses, easements, 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.