Section 105-577; Ord. 18293; Vacating utility easements in the Broadway Marketplace; directing the City Clerk to have a copy of this ordinance recorded; accepting a conveyance for utility purposes; directing the City Clerk to have the conveyance recorded


Ordinance No.            18293                          Council Bill No. B 354-04           

AN ORDINANCE

vacating utility easements in the Broadway Marketplace; directing the City Clerk to have a copy of this ordinance recorded; accepting a conveyance for utility purposes; directing the City Clerk to have the conveyance recorded; and fixing the time when this ordinance shall become effective.

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

    SECTION 1.  The City Council finds and determines that certain utility easements, more particularly described as follows:

Tract 1 - Part of the tract described by a utility easement recorded in book 1326 page 919

A small tract of land located in the southwest quarter of Section 8 T48N R12W, in Columbia, Boone County, Missouri, being part of Lot 1  Broadway Marketplace, plat recorded in book 24 page 48 of the Boone County records, and also being part of the tract described by a utility easement recorded in book 1326 page 919, described as follows:

Beginning at the end of the line described by a utility easement recorded in book 1326 page 919, as being S 89E13'20"W 935.66 feet, S 0E31'40"E 267.64 feet, S 66E25'55"W  228.50 feet, and S 39E42'50"E  154.17 feet from the northeast corner of Lot 1 Broadway Marketplace, thence S 50E17'10"W 10.00 feet; thence N 39E42'50"W 50.03 feet; thence N 89E22'30"E 25.77 feet; thence S 39E42'50"E 33.78 feet; thence S 50E17'10"W 10.00 feet to the beginning and containing 838 square feet or 0.02 acre.

Tract 2 - Part of the tract described by a utility easement recorded in book 764 page 421.

A small tract of land located in the southwest quarter of Section 8 T48N R12W, in Columbia, Boone County, Missouri, being part of Lot 1  Broadway Marketplace, plat recorded in book 24 page 48 of the Boone County records, and also being part of the tract described by a utility easement recorded in book 764 page 421, described as follows:

Beginning at a point on the westerly line of the tract described a utility easement recorded in book 764 page 421, said point being S 89E13'10"W 935.66 feet, S 0E31'40"E 267.64 feet, S 66E27'00"W  113.04 feet, and S 0E31'40"E 155.89 feet from the northeast corner of Lot 1 Broadway Marketplace, thence S 0E31'40"E, along said line, 165.33 feet; thence leaving said line, N 72E21'50"W  21.05 feet to the westerly line of said tract; thence N 0E31'40"W, along said line, 158.76 feet; thence, leaving said line, N 89E23'40"E 20.00 feet to the beginning and containing 3241 square feet or 0.07 acre.

Tract 3 - Part of  20 foot wide utility easement dedicated by the plat of Broadway Marketplace.

A small tract of land located in the southwest quarter of Section 8 T48N R12W, in Columbia, Boone County, Missouri, being part of Lot 1  Broadway Marketplace, plat recorded in book 24 page 48 of the Boone County records, and also being part of a 20 foot wide utility easement dedicated by the plat of Broadway Marketplace, described as follows:

Beginning at a corner of Lot 1 Lowe’s Subdivision,  plat recorded in book 29 page 45 (also being the northwest corner of Lot 1 Broadway Marketplace), being N 66E27'00"E 469.09 feet, N 89E28'20"E 268.93 feet, and S 0E31'40"E 41.49 feet from the southwest corner thereof, thence N 89E28'20"E, along the southerly line of Lot 1 Lowe’s Subdivision, 200.07 feet to the westerly line of a 20 foot wide utility easement dedicated by the plat of Broadway Marketplace; thence S 0E31'20"E, along said line, 20.00 feet; thence, leaving said line, S 89E28'20"W 200.06 feet; thence N 0E31'40"W 20.00 feet to the beginning and containing 4001 square feet or 0.09 acre.

Tract 4 - Part of  20 foot wide utility easement dedicated by the plat of Broadway Marketplace.

A small tract of land located in the southwest quarter of Section 8 T48N R12W, in Columbia, Boone County, Missouri, being part of Lot 1  Broadway Marketplace, plat recorded in book 24 page 48 of the Boone County records, and also being part of a 20 foot wide utility easement dedicated by the plat of Broadway Marketplace, described as follows:

Beginning at a point on the easterly line of a 20 foot wide utility easement dedicated by the plat of Broadway Marketplace, said point being S 89E13'10"W 625.77 feet and S 0E31'20"E 446.46 feet from the northeast corner of Lot 1 Broadway Marketplace, thence S 0E31'20"E, along said line, 124.74 feet; thence leaving said line, S 35E12'20"W  34.25 feet to the westerly line of said tract; thence N 0E31'20"W, along said line, 168.71 feet; thence, leaving said line, S 51E34'40"E 25.72 feet to the beginning and containing 2935 square feet or 0.07 acre.

is in excess and surplus to the needs of the City and is hereby vacated.

    SECTION 2.  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 3.  The conveyance to the City of Columbia, Missouri, a municipal corporation, more particularly described as follows:

Grant of Easement for utility purposes from Broadway Crossings, L.L.C., dated September 26, 2004, more particularly described in Exhibit "A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

is hereby accepted.

    SECTION 4.  The City Clerk is hereby authorized and directed to have the conveyance recorded in the office of the Boone County Recorder of Deeds.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 1st day of November, 2004.