Section 106-017; Ord. 18374; Declaring the need to acquire easements necessary to construct Sewer District No. 141 (Green Valley Drive); authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.           18374                           Council Bill No.            B 440-04           


AN ORDINANCE

declaring the need to acquire easements necessary to construct Sewer District No. 141 (Green Valley Drive); 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 Sewer District No. 141 (Green Valley Drive) described as follows:

Dan Hagen
Project: Sewer District 141
Parcel: 17-406-00-00-008

PERMANENT SANITARY SEWER EASEMENT
A three (3) sided parcel of land in a tract of land described in a quit-claim deed in Book 514 at Page 948 of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of Tract B of a survey recorded in Book 653 at Page 480, said corner also being the northeast corner of a tract of land described in a warranty deed in Book 1319 at Page 584, both of the Boone County Records; thence along the east line of said tracts S.3E00'20"W., 15.80 feet to the POINT OF BEGINNING; thence leaving said line S.80E33'00"E., 27.62 feet; thence S71E37'05"W., 29.47 feet to said east line; thence along said line N.3E00'20"E., 13.85 feet to the POINT OF BEGINNING and containing 190 square feet.


Dan Hagen
Project: Sewer District 141
Parcel: 17-406-00-00-008

TEMPORARY CONSTRUCTION EASEMENT
An irregular shaped parcel of land in a tract of land described in a quit-claim deed in Book 514 at Page 948 of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of Tract B of a survey recorded in Book 653 at page 480, said corner also being the northeast corner of a tract of land described in a warranty deed in Book 1319 at Page 584, both of the Boone County Records; thence along the northerly line of said tracts S.71E40'10"W., 61.39 feet; thence leaving said line N.6E23'15"E., 49.28 feet to the southerly line of an existing permanent sanitary sewer easement; thence along said southerly line N.59E01'30"E., 30.20 feet; thence leaving said southerly line S.6E23'15"W., 36.94 feet; thence S.80E33'00"E., 75.84 feet; thence S.19E55'55"W., 12.81 feet; thence S.71E37'05"W., 13.72 feet; thence N.80E33'00"W., 27.62 feet to the east line of said tracts; thence along said east line N.3E00'20"E., 15.80 feet to the POINT OF BEGINNING and containing 1,538 square feet exclusive of existing permanent sanitary sewer easement.


Richard F. Johnson, Jr.
Allene A. Johnson
Charles R. Johnson
Project: Sewer District 141
Parcel: 17-406-00-00-010

PERMANENT SANITARY SEWER EASEMENT
A four (4) sided parcel of land in the northeast part of a tract of land described in two (2) warranty deeds in Book 1319 at Page 584 and in Book 1338 at Page 182, both of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of Tract B of a survey recorded in Book 653 at Page 480 of the Boone County Records; thence along the east line of said tract S.3E00'20"W., 15.80 feet to the POINT OF BEGINNING; thence continuing along said line S.3E00'20"W., 16.10 feet; thence leaving said line; N.80E33'00"W., 63.76 feet to the northerly line of said tract; thence along said northerly line N.71E40'10"E., 34.33 feet; thence leaving said northerly line S.80E33'00"E., 31.58 feet to the POINT OF BEGINNING and containing 763 square feet.

Richard F. Johnson, Jr.
Allene A. Johnson
Charles R. Johnson
Project: Sewer District 141
Parcel: 17-406-00-00-010

TEMPORARY CONSTRUCTION EASEMENT
A three (3) sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 1319 at Page 584 of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said tract, said corner also being the northeast corner of Tract B of a survey recorded in Book 653 at Page 480 of the Boone County Records; thence along the east line of said tract S.3E00'20"W., 15.80; thence leaving said line N.80E33'00"W., 31.58 feet to the northerly line of said tract; thence along said northerly line N.71E40'10"E., 33.69 feet to the POINT OF BEGINNING and containing 248 square feet.


Larry Joe Coats
Project: Sewer District 141
Parcel: 17-406-00-00-012

PERMANENT SANITARY SEWER EASEMENT
An irregular shaped parcel of land in a tract of land described in a warranty deed in Book 503 at Page 471 of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of Tract B of a survey recorded in Book 653 at Page 480, said corner also being the northeast corner of a tract of land described in a warranty deed in Book 1319 at Page 584, both of the Boone County Records; thence along the east line of said tracts S.3E00'20"W., 15.80; thence leaving said line S.80E33'00"E., 27.62 feet to the POINT OF BEGINNING; thence continuing S.80E33'00"E., 22.36 feet; thence S.9E27'00"W., 16.00 feet; thence N.80E33'00"W., 48.17 feet to said east line; thence along said east line N.3E00'20"E., 2.25 feet; thence leaving said east line; N.71E37'05"E., 29.47 feet to the POINT OF BEGINNING and containing 595 square feet.


Larry Joe Coats
Project: Sewer District 141
Parcel: 17-406-00-00-012

TEMPORARY CONSTRUCTION EASEMENT
An irregular shaped parcel of land in a tract of land described in a warranty deed in Book 503 at Page 471 of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northeast corner of Tract B of a survey recorded in Book 653 at Page 480, said corner also being the northeast corner of a tract of land described in a warranty deed in Book 1319 at Page 584, both of the Boone County Records; thence along the east line of said tracts S.3E00'20"W., 15.80; thence leaving said line S.80E33'00"E., 27.62 feet to the POINT OF BEGINNING; thence N.71E37'05"E., 13.72 feet; thence N.19E55'55"E., 12.81 feet; thence S.80E33'00"E., 27.90 feet; thence S.9E27'00"W., 35.00 feet; thence N.80E33'00"W., 20.00 feet; thence N.9E27'00"E., 16.00 feet; thence N.80E33'00"W., 22.36 feet to the POINT OF BEGINNING and containing 919 square feet.


Larry Joe Coats
Project: Sewer District 141
Parcel: 17-406-00-00-012

TEMPORARY ACCESS EASEMENT
An irregular shaped parcel of land in a tract of land described in a warranty deed in Book 503 at Page 471 of the Boone County Records; situate in the northeast quarter (1/4) of Section 12, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southeast corner of a tract of land described in a warranty deed in Book 1338 at Page 182 of the Boone County Records; thence S.87E00'00"E., 145.12 feet to the POINT OF BEGINNING; thence N.37E11'15"W., 141.32 feet; thence S.80E33'00"E., 13.91 feet; thence N.9E27'00"E., 35.00 feet; thence S.37E11'15"E., 184.80 feet; thence N.87E00'00"W., 45.82 feet to the POINT OF BEGINNING and containing 5,464 square feet inclusive of 529 square feet of existing asphalt pavement in Green Valley Drive.

    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 January, 2005.