Section 105-666; Ord. 18349; Declaring the need to acquire easements necessary to construct the Business Loop 70 Sidewalk Project; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18349                      Council Bill No.            B 414-04           

AN ORDINANCE

declaring the need to acquire easements necessary to construct the Business Loop 70 Sidewalk 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 Business Loop 70 Sidewalk Project described as follows:


Parcel 1
Hazel Schwabe and John Bennett Schwabe II
Beneficiary Deed Bk 2106/Pg 827
Survey Bk 379/Pg 942

Permanent Sidewalk Easement:
A strip of land abutting the south line of a tract of land described in a Survey recorded in Book 379, Page 942 and included in a Beneficiary Deed recorded in Book 2106, Page 827, of the Boone County, Missouri Records, said strip being more particularly described as follows:

Beginning at the southeast corner of said survey, thence N 1E 09’ W, 8.04 feet, with the east line of said survey; Thence N 85E 28’ W, 106.02 feet along a line described as being 8.0 feet north of and parallel with the south line of said tract; Thence N 71E 54’ W, 42.83 feet to a point on the western line of said tract; Thence S 32E 52’ E, 22.72 feet along the western line of said tract; Thence S 85E 28’ E, 134.65 feet along the south line of said tract to the Point of Beginning, and containing 0.030 acres.

Temporary Construction Easement:
A strip of land lying in the south part of a tract of land described in a Survey recorded in Book 379, Page 942 and included in a Beneficiary Deed recorded in Book 2106, Page 827, of the Boone County, Missouri Records, said strip being more particularly described as follows:

Starting at the southeast corner of said survey, thence N 1E 09’ W, 8.04 feet, with the east line of said survey, to the Point of Beginning; Thence N 85E 28’ W, 106.02 feet along a line described as being 8.0 feet north of and parallel with the south line of said tract; Thence N 71E 54’ W, 42.83 feet to a point on the western line of said tract; Thence N 32E 52’ W, 3.58 feet along the western line of said tract to the westernmost corner of said tract; Thence N 54E 20’ E, 6.36 feet along the west line of said tract; Thence leaving the west line of said tract, S 85E 28’ E, 143.28 feet along a line described as being 25.0 feet north of and parallel to the south line of said tract, to a point on the eastern line of said tract; Thence S 1E 09’ E, 17.08 feet along the east line of said tract to the Point of Beginning, and containing 0.053-acres.


Parcel 2
Hazel Schwabe and John Bennett Schwabe II
Beneficiary Deed Bk 2106/Pg 827
Survey Bk 379/Pg 941

Permanent Sidewalk Easement:
The South 8-feet of a tract of land described in a Survey recorded in Book 379, Page 941, and included in a Beneficiary Deed recorded in Book 2106, Page 827, Boone County, Missouri Records; and containing 0.016-acres.

Temporary Construction Easement:
The North 17-feet of the South 25-feet of a tract of land described in a Survey recorded in Book 379, Page 941, and included in a Beneficiary Deed recorded in Book 2106, Page 827, Boone County, Missouri Records; and containing 0.036-acres.


Parcel 3
Hazel Schwabe and John Bennett Schwabe II
Beneficiary Deed Bk 2106/Pg 827
Survey Bk 1671/Pg 591

Permanent Sidewalk Easement:
The South 8-feet of a tract of land described as Tract 27-Deed Book 377, Page 131 in a Survey recorded in Book 1671, Page 591, and included in a Beneficiary Deed recorded in Book 2106, Page 827, Boone County, Missouri Records; and containing 0.025-acres

Temporary Construction Easement:
The North 12-feet of the South 20-feet of a tract of land described as Tract 27-Deed Book 377, Page 131 in a Survey recorded in Book 1671, Page 591, and included in a Beneficiary Deed recorded in Book 2106, Page 827, Boone County, Missouri Records; and containing 0.037-acres

Parcel 4
Hazel Schwabe and John Bennett Schwabe II
Beneficiary Deed Bk 2106/Pg 827
Survey Bk 1671/Pg 591

Permanent Sidewalk Easement:
The South 8-feet of a tract of land described as Survey by Darrell Adams dated March 31, 1969 in a Survey recorded in Book 1671, Page 591, and included in a Beneficiary Deed recorded in Book 2106, Page 827, Boone County, Missouri Records; and containing 0.025-acres

Temporary Construction Easement:
The North 12-feet of the South 20-feet of a tract of land described as Survey by Darrell Adams dated March 31, 1969 in a Survey recorded in Book 1671, Page 591, and included in a Beneficiary Deed recorded in Book 2106, Page 827, Boone County, Missouri Records; and containing 0.037-acres


Parcel 5
Jeannine L. Bezler, Janet Marie Bezler, and Cynthia Dean Bezler
Trustee’s Deed Bk 1732/Pg 683

Permanent Sidewalk and Utility Easement:
The South 10-feet of a tract of land described by a Trustee’s Deed recorded in Book 1732, Page 683, Boone County, Missouri Records, and containing 0.072-acres.

Temporary Construction Easement:
The North 10-feet of the South 20-feet of a tract of land described by a Trustee’s Deed recorded in Book 1732, Page 683, Boone County, Missouri Records, and containing 0.072-acres.


Parcel 6
BFS Retail & Commercial Operations, LLC
Trustee’s Deed Bk 2555/Pg 16

Permanent Sidewalk Easement:
The South 8-feet of a tract of land described by a Trustee’s Deed recorded in Book 2555, Page 16, Boone County, Missouri Records, and containing 0.020-acres.

Temporary Construction Easement:
The North 12-feet of the South 20-feet of a tract of land described by a Trustee’s Deed recorded in Book 2555, Page 16, Boone County, Missouri Records, and containing 0.030-acres.


Parcel 7
B-SIB, LLC
Special Warranty Deed Bk 2580/Pg 14

Permanent Sidewalk and Utility Easement:
The South 10-feet of two tracts of land described by a Special Warranty Deed in Book 2580, Page 14, Boone County, Missouri Records, and containing 0.174-acres.

Temporary Construction Easement:
The North 10-feet of the South 20-feet of two tracts of land described by a Special Warranty Deed in Book 2580, Page 14, Boone County, Missouri Records, and containing 0.174-acres.


Parcel 8
United Savings & Loan Association
Special Warranty Deed Bk 793/Pg 899

Permanent Sidewalk and Utility Easement:
The South 10-feet of a tract of land described by a Special Warranty Deed in Book 793, Page 899, Boone County, Missouri Records, and containing 0.034-acres.

Temporary Construction Easement:
The North 15-feet of the South 25-feet of a tract of land described by a Special Warranty Deed in Book 793, Page 899, Boone County, Missouri Records, and containing 0.052-acres.


Parcel 9
I-70 Shell Inc.
Trustee’s Deed Bk 1333/Pg 103

Permanent Sidewalk and Utility Easement:
The South 10-feet of a Lot Nineteen (19) of Parkade, a subdivision, as described by a Trustee’s Deed in Book 1333, Page 103, Boone County, Missouri Records, and containing 0.029-acres.

Temporary Construction Easement:
The North 10-feet of the South 20-feet of a Lot Nineteen (19) of Parkade, a subdivision, as described by a Trustee’s Deed in Book 1333, Page 103, Boone County, Missouri Records, and containing 0.029-acres.


Parcel 10
Curators of the University of Missouri
Quit Claim Deed Bk 797/Pg 230

Permanent Sidewalk Easement:
The South 8-feet of a tract of land described by a Quit Claim Deed in Book 797, Page 230, Boone County, Missouri Records, except that portion lying within the area described in General Warranty Deed in Book 1125, Page 555, Boone County, Missouri Records, and containing 0.228-acres.

Temporary Construction Easement:
The North 17-feet of the South 25-feet of a tract of land described by a Quit Claim Deed in Book 797, Page 230, Boone County, Missouri Records, except that portion lying within the area described in General Warranty Deed in Book 1125, Page 555, Boone County, Missouri Records, and containing 0.497-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 20th day of December, 2004.