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         

AN ORDINANCE
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.