Series 105 2004 ORDINANCES/RESOLUTIONS

Section 105-203; Ord. 18073; Declaring the need to acquire easements necessary for the Chapel Hill Road improvement project; authorizing acquisition by negotiation or, if necessary, by condemnation

Ordinance No.
__ 018073 __ Council
Bill No. __ B 121-04 __

declaring the need to acquire easements necessary for the Chapel Hill Road 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 the following described
easements for the Chapel Hill Road improvement project:

Chapel Hill Road, Gillespie Bridge Road

Street Construction Easement

Bob and Sandra Akin

A tract of land located in the North Half of the Southwest Quarter of Section 20, Township
48
North, Range 13 West in Columbia, Boone County, Missouri being a portion of the tract
described by deed recorded in Book 635 at Page 158 of the Boone County Records and being
further described as follows:

Starting at the Westernmost corner of Tract 5 of the tract split survey recorded in
Book 1939 at
Page 711 of said county records; thence with the centerline of existing Gillespie Bridge Road as
shown by said tract split survey along a curve to the right having a radius of 655.78 feet for an
arc distance of 91.18 feet, the long chord bears N 51°39’40”W, 91.11 feet; thence N
47°40’40”W, 131.06 feet; thence along a curve to the left having a radius of 248.92 feet
for an
arc distance of 189.31 feet, the long chord bears N 69°27’55”W, 184.78 feet; thence S
88°44’50”
W, 71.49 feet to the point of beginning; thence continuing with said centerline S 88°44’50”W,
105.26 feet; thence S 89°27’20”W, 6.68 feet; thence along a curve to the left having a
radius of
358.89 feet for an arc distance of 155.03 feet, the long chord bears S 76°22’25”W,153.82
feet;
thence S 66°26’55”W, 154.04 feet; thence along a curve to the right having a radius of
388.79
feet for an arc distance of 177.97 feet, the long chord bears S 79°33’50”W, 176.42 feet;
thence N
87°19’20” W, 11.97 feet; thence leaving the centerline of said Gillespie Bridge Road S
0°27’00”W, 52.46 feet; thence along a curve to the left having a radius of 771.44 feet
for an arc
distance of 323.80 feet, the long chord bears N 78°25’30”E, 321.42 feet; thence N 66°24’10”E,
298.56 feet to the point of beginning and containing 0.75 acres.

Gillespie Bridge Road/Chapel Hill Road

Temporary Street Construction Easement

Bob and Sandra Akin

A tract of land located in the North Half of the Southwest Quarter of Section 20, Township
48
North, Range 13 West in Columbia, Boone County, Missouri, being a portion of the tract
described by deed recorded in Book 635 at Page 158 of the Boone County Records and being
further described as follows:

Starting at the Westernmost corner of Tract 5 of the tract split survey recorded in
Book 1939 at
Page 711 of said county records; thence with the centerline of existing Gillespie Bridge Road as
shown by said tract split survey along a curve to the right having a radius of 655.78 feet for an
arc distance of 91.18 feet, the long chord bears N 51°39’40”W, 91.11 feet; thence N
47°40’40”W, 131.06 feet; thence along a curve to the left having a radius of 248.92 feet
for an
arc distance of 60.24 feet, the long chord bears N 54°36’40”W, 60.10 feet, to the point
of
beginning; thence continuing with said curve to the left having a radius of 248.92 feet for an arc
distance of 129.07 feet, the long chord bears N 76°24’00”W, 127.62 feet; thence S 88°44’50”
W,
71.49 feet; thence S 66°24’10”W, 298.56 feet; thence, along a curve to the right having
a radius
of 771.44 feet for an arc distance of 323.79 feet, the long chord bears S 78°25’30”W,
321.42
feet; thence S 0°27’00”W, 25.00 feet; thence, along a curve to the left having a radius
of 796.44
feet for an arc distance of 334.28 feet, the long chord bears N 78°25’30”E, 331.84
feet; thence N
66°24’11”E, 254.17 feet; thence N 88°44’50”E, 103.05 feet; thence along
a curve to the right
having a radius of 208.92 feet for an arc distance of 108.32 feet, the long chord bears S
76°24’00”E, 107.11 feet; thence N 28°27’20”E, 40.00 feet, to the point of
beginning and
containing 0.54 acre.

Chapel Hill Road, Gillespie Bridge Road

Street Construction Easement

Vernon Lee and Leona Jennings

A tract of land located in the North Half of the Southwest Quarter of Section 20, Township
48
North, Range 13 West in Columbia, Boone County, Missouri being a portion of the tract
described by deed recorded in Book 1633 at Page 228 of the Boone County Records and being
further described as follows:

Beginning at the Westernmost corner of Tract 5 of the tract split survey recorded in
Book 1939 at
Page 711 of said county records; thence with the centerline of existing Gillespie Bridge Road as
shown by said tract split survey along a curve to the right having a radius of 655.78 feet for an
arc distance of 91.18 feet, the long chord bears N 51°39’40”W, 91.11 feet; thence N
47°40’40”W, 131.06 feet; thence along a curve to the left having a radius of 248.92 feet
for an
arc distance of 7.92 feet, the long chord bears N 48°35’20”W, 7.92 feet; thence leaving
said
centerline along a curve to the left having a radius of 493.00 feet for an arc distance of 207.01
feet, the long chord bears S 39°42’20”E, 205.49 feet; thence S 51’44’10”E,
28.77 feet; thence N
38°15’50”E, 33.00 feet, the point of beginning and containing 0.12 acres.

Gillespie Bridge Road

Temporary Street Construction Easement

Vernon Lee and Leona Jennings

A tract of land located in the North Half of the Southwest Quarter of Section 20, Township
48
North, Range 13 West in Columbia, Boone County, Missouri being a portion of the tract
described by deed recorded in Book 1633 at Page 228 of the Boone County Records and being
further described as follows:

Starting at the Westernmost corner of Tract 5 of the tract split survey recorded in
Book 1939 at
Page 711 of said county records; thence, S 38°15’50”W, 33.00 feet, to the point of beginning;
thence S 38°15’50”W, 7.09 feet; thence along a curve to the right having a radius of 695.78
feet
for an arc distance of 94.01 feet, the long chord bears N 51°32’50” W, 93.94 feet; thence
N
47°40’40”W, 131.06 feet; thence along a curve to the left having a radius of 208.92 feet
for an
arc distance of 50.57 feet, the long chord bears N 54°36’40”W, 50.44 feet; thence

N 28°27’20”E, 40.00 feet, to the centerline of existing Gillespie Bridge
Road; thence along a
curve to the right having a radius of 248.92 feet for an arc distance of 52.33 feet, the long chord
bears S 55°31’20”E, 52.23 feet; thence leaving said centerline of existing Gillespie Bridge
Road,
along a curve to the left having a radius of 493.00 feet for an arc distance of 207.01 feet, the long
chord bears S 39°42’20”E, 205.49 feet; thence S 51°44’10” E, 28.77 feet,
to the point of
beginning and containing 0.13 acres.

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 3rd day of May, 2004.