Section 105-637; Ord. 18331; Declaring the need to acquire easements necessary to construct the Concordia Drive and Walther Court drainage improvement project; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18331                      Council Bill No.             B 392-04          


AN ORDINANCE

declaring the need to acquire easements necessary to construct the Concordia Drive and Walther Court drainage 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 easements for the Concordia Drive and Walther Court drainage improvement project described as follows:


Dan Edidin and Tanya Christiansen, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-04-005.00

The south five (5) feet of a tract of land described in a warranty deed in Book 1546 at Page 648, said tract being part of Lot 1 of Fairview Lakes Subdivision Addition No.1-Block 5 as recorded in Plat Book 6 at Page 18, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,000 square feet.


Thomas E. Coyle and Carolyn E. Coyle, Trustees of the Carolyn Elaine Coyle Revocable Living Trust
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-04-006.00

A four sided parcel of land in the northwest corner of a part of a tract of land described in a warranty deed in Book 2467 at Page 75, said part of said tract being Lot 5 of Fairview Lakes Subdivision Addition No.1-Block 9 as recorded in Plat Book 6 at Page 18, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING  at the northwest corner of said lot; thence along the north line of said lot, said line also being the south right-of-way line of Walther Court, N.89°22’30”E., 21.00 feet; thence leaving said line S.0°37’30”W., 5.00 feet; thence S.89°22’30”W., 23.72 feet to the west line of said lot; thence along said west line N.27°55’15”E., 5.69 feet to the POINT OF BEGINNING and containing 112 square feet.


Thomas C. Schauwecker and Sharon J. Schauwecker, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-04-019.00

A four sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 921 at Page 42 and amended in an Affidavit of Scrivener’s Error in Book 952 at Page 302, said tract being part of Lot 4 of Fairview Lakes Subdivision Addition No.1-Block 9 as recorded in Plat Book 6 at Page 18, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said Lot 4; thence along the east line of said lot S.27°55’15”W., 5.69 feet; thence leaving said line S.89°22’30”W., 16.28 feet; thence N.0°37’30”E., 5.00 feet to the north line of said lot, said line also being the south right-of-way line of Walther Court; thence along said north line N.89°22’30”E., 19.00 feet to the POINT OF BEGINNING and containing 88 square feet.


Jeff F. Glover and Debra P. Glover, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-04-020.00

An irregular shaped parcel of land along the easterly line of a tract of land described in a Trustee’s Deed in Book 2376 at Page 82, said tract being Lot 1 of Fairview Lakes Subdivision Addition No. 1-Block 7 as recorded in Plat Book 6 at Page 18, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot, said line also being the west right-of-way line of Summit Road, S.0°37’30”E., 10.07 feet to the easterly corner of said lot; thence along the southeast line of said lot, said line also being the northwest right-of-way line of Walther Court, S.47°43’30”W., 27.00 feet; thence leaving said line N.42°16’30”W., 5.00 feet; thence N.36°36’00”E., 30.58 feet to the north line of said lot; thence along said north line S.89°51’35”E., 5.00 feet to the POINT OF BEGINNING and containing 247 square feet.


Martin A. Cox and M. Donnell Kemp
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-015.00

The easterly five (5) feet of the southerly forty-three (43) feet of a tract of land described in a warranty deed in Book 2098 at Page 453, said tract being Lot 12 of Mission Meadows Block III as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 215 square feet.


Cory Schmidt and Rachel Schmidt, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-016.00

The east four (4) feet of the south twenty-one (21) feet of a tract of land described in a warranty deed in Book 2561 at Page 16, said tract being Lot 11 of Mission Meadows Block III as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 84 square feet.


Cory Schmidt and Rachel Schmidt, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-016.00

The east five (5) feet of a tract of land described in a warranty deed in Book 2561 at Page 16, said tract being Lot 11 of Mission Meadows Block III as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 244 square feet exclusive of permanent drainage easement granted this date.


Howard R. Jones and Betty A. Jones, husband and wife
PERMANENT DRAINAGE EASMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-017-00

An irregular shaped parcel of land along the east line of a tract of land described in a warranty deed in Book 340 at Page 249, said tract being Lot 10 of Mission Meadows Block III as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot, said line also being the west right-of-way line of Concordia Drive, along a curve to the left having a radius of 366.00 feet a distance of 74.93 feet (the chord of said curve having bearing and distance of S.5°15’25”W., 74.88 feet) to the southeast corner of said lot; thence along the south line of said lot, said line also being the north right-of-way line of Walther Court, S.89°22’30”W., 22.00 feet; thence leaving said south line N.18°18’45”E., 79.05 feet to the north line of said lot; thence along said north line S.85°23’05”E., 4.03 feet to the POINT OF BEGINNING and containing 877 square feet.


Howard R. Jones and Betty A. Jones, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-017-00
The south five (5) feet of a tract of land described in a warranty deed in Book 340 at Page 249, said tract being Lot 10 of Mission Meadows Block III as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 548 square feet exclusive of permanent drainage easement granted this date.


Christopher G. Ingersoll and Barbara M. Ingersoll, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-049.00

The west five (5) feet of a tract of land described in a warranty deed in Book 617 at Page 174, said tract being Lot 20 of Mission Meadows Block II as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 400 square feet.


Joan I. Quilling
TEMPORARY CONSTRUCTION EASEMENT
Project: Concordia Drive drainage (78-01-90)
Parcel: 16-507-00-05-050.00

The west five (5) feet of the south seventy-four (74) feet of a tract of land described in a warranty deed in Book 434 at Page 755, said tract being Lot 19 of Mission Meadows Block II as recorded in Plat Book 6 at Page 21, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 370 square feet.

    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 6th day of December, 2004.