Section 106-120; Ord. 18439; Declaring the need to acquire easements for the AT and T Sewer Extension; authorizing the City Manager to obtain and execute all instruments necessary for acquisition of such land


Ordinance No.            18439                      Council Bill No.            B 63-05           


AN ORDINANCE

declaring the need to acquire easements for the AT&T Sewer Extension; 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; appropriating funds; 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 AT&T Sewer Extension described as follows:

LEGAL DESCRIPTION OF 25' TEMPORARY CONSTRUCTION EASEMENT - EAST (AJANS)
JUNE 16, 2004
REVISED: DECEMBER 7, 2004

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY A WARRANTY DEED IN BOOK 417, PAGE 912 AND SHOWN ON A SURVEY RECORDED IN BOOK 837, PAGE 626, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SECTION 11, THENCE WITH SAID SECTION LINE S0E10'45"W, 879.13 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING N89E57'55"E, 18.96 FEET; THENCE S88E11'40"E, 350.77 FEET; THENCE S86E28'10"E, 319.23 FEET; THENCE N3E59'50"W, 37.69 FEET; THENCE N86E11'25"E, 25.00 FEET; THENCE S3E59'50"E, 66.13 FEET; THENCE N86E28'10"W, 347.38 FEET; THENCE N88E11'40"W, 350.00 FEET; THENCE S89E57'55"W, 18.65 FEET; THENCE N0E10'45"E, 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 18,860 SQUARE FEET.


LEGAL DESCRIPTION OF 25' TEMPORARY CONSTRUCTION EASEMENT - WEST (ABC)
JUNE 16, 2004
REVISED: DECEMBER 6, 2004

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY A WARRANTY DEED IN BOOK 380, PAGE 364 AND SHOWN ON A SURVEY RECORDED IN BOOK 837, PAGE 626, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SECTION 11, THENCE WITH SAID SECTION LINE S0E10'45"W, 879.13 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING S0E10'45"W, 25.00 FEET; THENCE S89E57'55"W, 380.98 FEET; THENCE N82E48'00"W, 229.83 FEET; THENCE S87E52'10"W, 530.42 FEET; THENCE N78E04'50"W, 257.63 FEET; THENCE N27E06'25"W, 53.75 FEET; THENCE N65E41'00"E, 25.42 FEET; THENCE S26E34'00"E, 40.60 FEET; THENCE S78E04'50"E, 242.62 FEET; THENCE N87E52'10"E, 529.38 FEET; THENCE S82E48'00"E, 230.29 FEET; THENCE N89E57'55"E, 379.49 FEET TO THE POINT OF BEGINNING AND CONTAINING 35,945 SQUARE FEET.


LEGAL DESCRIPTION OF 16' SEWER EASEMENT - EAST (AJANS)
JUNE 16, 2004
REVISED: DECEMBER 6, 2004

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY A WARRANTY DEED IN BOOK 417, PAGE 912 AND SHOWN ON A SURVEY RECORDED IN BOOK 837, PAGE 626, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SECTION 11, THENCE WITH SAID SECTION LINE S0E10'45"W, 904.13 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING N89E57'55"E, 18.65 FEET; THENCE S88E11'40"E, 350.00 FEET; THENCE S86E28'10"E, 347.38 FEET; THENCE N3E59'50"W, 66.13 FEET; THENCE N86E11'25"E, 15.00 FEET; THENCE S3E59'50"E, 98.63 FEET; THENCE N85E46'30"W, 15.16 FEET; THENCE N3E59'50"W, 14.24 FEET; THENCE N86E28'10"W, 349.25 FEET; THENCE N88E11'40"W, 349.50 FEET; THENCE S89E57'55"W, 18.45 FEET; THENCE N0E10'45"E, 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 12,929 SQUARE FEET.


LEGAL DESCRIPTION OF 16' SEWER EASEMENT - WEST (ABC)
JUNE 16, 2004
REVISED: DECEMBER 2, 2004

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY A WARRANTY DEED IN BOOK 380, PAGE 364 AND SHOWN ON A SURVEY RECORDED IN BOOK 837, PAGE 626, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SECTION 11, THENCE WITH SAID SECTION LINE S0E10'45"W, 904.13 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING S0E10'45"W, 16.00 FEET; THENCE S89E57'55"W, 381.93 FEET; THENCE N82E48'00"W, 229.53 FEET; THENCE S87E52'10"W, 526.57 FEET; THENCE N79E10'05"W, 273.49 FEET; THENCE N26E55'15"W, 62.51 FEET; THENCE N62E49'05"E, 19.80 FEET; THENCE S27E06'25"E, 52.88 FEET; THENCE S78E04'50"E, 257.63 FEET; THENCE N87E52'10"E, 530.42 FEET; THENCE S82E48'00"E, 229.83 FEET; THENCE N89E57'55"E, 380.98 FEET TO THE POINT OF BEGINNING AND CONTAINING 24,023 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.  The sum of $20,000 is hereby appropriated from the Sanitary Sewer Utility Fund Account No. 555-0000-351.01-00 to the AT&T Sewer Extension Project Account No. 555-6388-881.49-90, C43178.

    SECTION 6.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 7th day of March, 2005.