Section 105-294; Ord. 18130; Transferring control of property located near the wastewater treatment plant from the Public Works Department/Sanitary Sewer Utility to the Parks and Recreation Department


Ordinance No.           018130                           Council Bill No.        B 179-04        

AN ORDINANCE

transferring control of property located near the wastewater treatment plant from the Public Works Department/Sanitary Sewer Utility to the Parks and Recreation Department; dedicating a portion of the Stephens Lake Park property to be used by the Sanitary Sewer Utility as a sanitary sewer easement in connection with the Upper Hinkson Creek Outfall Relief Sewer Project; directing the City Clerk to have a copy of this ordinance recorded; and fixing the time when this ordinance shall become effective.

    WHEREAS, the City purchased 11.25 acres of land near the wastewater treatment plant in 1996 to serve as buffer space between the treatment plant and the Longview Subdivision; and

    WHEREAS, this land is suitable for development as a neighborhood park; and

    WHEREAS, the City of Columbia and Stephens College have entered into a lease purchase agreement dated January 1, 2001 for the real property known as Stephens Lake Park which is more particularly described as follows:

A TRACT OF LAND IN THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION SEVEN (7), THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION EIGHT (8), THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION SEVENTEEN (17) AND THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHTEEN (18), ALL IN TOWNSHIP FORTY-EIGHT (48) NORTH, RANGE TWELVE (12) WEST, OF THE FIFTH (5TH) PRINCIPAL MERIDIAN, IN THE CITY OF COLUMBIA, BOONE COUNTY, MISSOURI, AS SHOWN AND DESCRIBED BY THE SURVEY THEREOF ENTITLED “BOUNDARY SURVEY OF STEPHEN’S LAKE TRACT FOR THE CITY OF COLUMBIA, MISSOURI” AND RECORDED JANUARY 30, 2001 AS DOCUMENT NO 1723 IN BOOK 1684, PAGE 50, RECORDS OF BOONE COUNTY, MISSOURI.  (“the Property”); and

    WHEREAS, Section 3.05 of the agreement provides that the City has the right to use the property for any governmental or proprietary purpose of the City; and

    WHEREAS, the City’s Upper Hinkson Creek Outfall Relief Sewer Project will cross a portion of the Property; and

    WHEREAS, the City desires to dedicate a portion of the Property for use by the City’s Sanitary Sewer Utility with the customary rights and responsibilities that the Utility has in sanitary sewer easements over private property.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION l.  Control over and responsibility of the following described tract of land is transferred from the Public Works Department to the Parks and Recreation Department:

A tract of land containing 11.25 acres, more or less, located in the South half (S 1/2) of Section Twenty (20), Township Forty-eight (48) North, Range Thirteen (13) West, Boone County, Missouri; being shown and described by Survey recorded in Book 1215, page 47, Boone County Records.

    SECTION 2.  The City Council hereby dedicates the following described property for use by the Public Works Department, Sanitary Sewer Utility as a sanitary sewer easement:

All that part of a strip of land thirty (30) feet in width over and across a tract of land described in a warranty deed in Book 181 at Page 114 of the Boone County Records; situate in the northeast quarter (1/4) of Section 18, the northwest quarter (1/4) of Section 17 and the southwest quarter  (1/4) of Section 8, all in Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said strip being fifteen (15) feet in width on each side of the following described baseline:

Starting at the southwest corner of Tract 2 of a survey recorded in Book 362 at Page 465 of the Boone County Records; said corner being on the north right-of-way line of U.S. Highway 63 Spur, also known as Broadway, 120' left of centerline station 20+54.45; thence along said right-of-way line N.70E30'10"W., 262.00 feet to the POINT OF BEGINNING; thence leaving said right-of-way line N.60E02'45"E., 351.44 feet; thence N.42E50'25"E., 390.44 feet; thence S.76E55'15"E., 425.93 feet; thence N.62E04'15"E., 304.73 feet; thence N.20E10'10"E., 183.78 feet; thence N.37E11'20"E., 94.42 feet to the END of said baseline on  the westerly line of Lot 1 of Hoeper Subdivision as recorded in Plat Book 20 at Page 78 of the Boone County Records at a point along said line S.27E04'20"E., 6.94 feet from the northwest corner of said lot.

The above described strip contains 1.06 acres exclusive of 0.15 acres of existing permanent sanitary sewer easement.

The Sanitary Sewer Utility shall have the right to construct, operate, replace, repair and maintain sewers and pipes under or across the easement.  The Utility shall also have a right of access over the Property along any reasonable route.  The Utility may trim, clear and remove from the easement, any tree, brush, structure or obstruction of any kind which may endanger the safety of or interfere with the operation and maintenance of the Utility’s facilities.

    SECTION 3.  The City Clerk is hereby authorized and directed to cause a copy of this ordinance to be recorded in the office of the Recorder of Deeds of Boone County, Missouri.

    SECTION 4.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 21st day of June, 2004.