Section 106-248; Ord. 18507; Declaring the need to acquire easements necessary to construct the Woodside/Nazarene Drainage Improvement Project


Ordinance No.            18507                      Council Bill No.            B 136-05           


AN ORDINANCE

declaring the need to acquire easements necessary to construct the Woodside/Nazarene 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 the following described easements to construct the Woodside/Nazarene Drainage Improvement Project:

William Keith Byington and Tammy Gay Byington, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-103

An irregular shaped parcel of land along the west and south lines of a tract of land described in a warranty deed in Book 952 at Page 268, said tract being Lot 8, Block 8 of Blue Ridge Subdivision, Part No. 6 as recorded in Plat Book 8 at Page 25, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.75°41’40”W., 124.33 feet to the southwest corner of said lot; thence along the west line of said lot N.0°06’00”W., 69.10 feet to the northwest corner of said lot; thence along the north line of said lot N.87°48’15”E., 24.02 feet; thence leaving said north line S.0°06’00”E., 50.82 feet; thence S.37°53’50”E., 23.71 feet; thence S.75°41’40”E., 89.81 feet to the east line of said lot; thence along said east line S.29°20’50”W., 10.35 feet to the POINT OF BEGINNING and containing 2,874 square feet inclusive of 1,524 square feet of platted utility easement.


William Keith Byington and Tammy Gay Byington, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-103

An irregular shaped parcel of land along the west and south lines of a tract of land described in a warranty deed in Book 952 at Page 268, said tract being Lot 8, Block 8 of Blue Ridge Subdivision, Part No. 6 as recorded in Plat Book 8 at Page 25, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.75°41’40” W., 124.33 feet to the southwest corner of said lot; thence along the west line of said lot N.0°06’00”W., 69.10 feet to the northwest corner of said lot; thence along the north line of said lot N.87°48’15”E., 34.03 feet; thence leaving said north line S.0°06’00”E., 47.76 feet; thence S.37°53’50”E., 16.86 feet; thence S.75°41’40”E., 89.07 feet to the east line of said lot; thence along said east line S.29°20’50”W., 20.70 feet to the POINT OF BEGINNING and containing 1,507 square feet exclusive of platted utility easement and permanent drainage easement granted this date.


William G. Buckler and Mary C. Buckler, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-085

The east twelve (12) feet of the west twenty (20) feet and the south twelve (12) feet of the north twenty (2 0) feet of a tract of land described in a warranty deed in Book 529 at Page 769, said tract being Lot 3 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 2,801 square feet exclusive of platted drainage easement.


Linda Jo Turner
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-086

The west twelve (12) feet of the east twenty (20) feet of a tract of land described in a warranty deed in Book 522 at Page 957, said tract being Lot 4  of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 2,058 square feet exclusive of platted drainage easement.


Bryan J. Ross and Rebecca S. Ross, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-078

An irregular shaped parcel of land along the north and east sides of a tract of land described in a warranty deed in Book 1812 at Page 963, said tract being Lot 7 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot S.89°21’00”W., 10.00 feet; thence leaving said line N.0°39’15”W., 108.91 feet; thence N.82°36’30”W., 75.68 feet to the north line of said lot, said north line also being the south right-of-way line of Woodside Drive; thence along said north line N.89°21’00”E., 84.94 feet to the northeast corner of said lot; thence along the east line of said lot S.0°39’15”E., 119.50 to the POINT OF BEGINNING and containing 1,592 square feet inclusive of 972 square feet of platted utility easement.


Bryan J. Ross and Rebecca S. Ross, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-078

The east fifteen (15) feet of a tract of land described in a warranty deed in Book 1812 at Page 963, said tract being Lot 7 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 506 square feet exclusive of platted utility easement and permanent drainage easement granted this date.


Woodside, L.L.C.
PERMANENT DRAINAGE EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-079

An irregular shaped parcel of land along the north and west sides of a tract of land described in a warranty deed in Book 2020 at Page 621, said tract being Lot 8 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southwest corner of said lot; thence along the west line of said lot N.0°39’15”W., 119.50 feet to the northwest corner of said lot; thence along the north line of said lot, said north line also being the south right-of-way line of Woodside Drive, N.89°21’00”E., 25.00 feet; thence leaving said north line S.55°39’40”W., 18.03 feet; thence S.0°39’15”E., 109.50 feet to the south line of said lot; thence along said south line S.89°21’00”W., 10.00 feet to the POINT OF BEGINNING and containing 1,270 square feet inclusive of 972 square feet of platted utility easement.


Woodside, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-079

The west twenty-five (25) feet of a tract of land described in a warranty deed in Book 2020 at Page 621, said tract being Lot 8 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,597 square feet exclusive of platted utility easement and permanent drainage easement granted this date.

Sandra L. Lambert
PERMANENT DRAINAGE EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-081

A four sided parcel of land along the northeasterly line of a tract of land described in a warranty deed in Book 411 at Page 907, said tract being Lot 10 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the north corner of said lot; thence along the northeasterly line of said lot S.41°50’10”E., 100.00 feet; thence leaving said line S.48°09’50”W., 10.00 feet; thence N.41°50’10”W., 100.38 feet to the northwesterly line of said lot, said line also being the southeasterly right-of-way line of Woodside Drive; thence along said northwesterly line along a curve to the left having a radius of 160.56 feet a distance of 10.00 feet (the chord of said curve having bearing and distance of N.50°21’55”E., 10.00 feet) to the POINT OF BEGINNING and containing 1,001 square feet.


Sandra L. Lambert
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-081

A four sided parcel of land along the northeasterly line of a tract of land described in a warranty deed in Book 411 at Page 907, said tract being Lot 10 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the north corner of said lot; thence along the northeasterly line of said lot S.41°50’10”E., 100.00 feet; thence leaving said line S.48°09’50”W., 25.00 feet; thence N.41°50’10”W., 102.14 feet to the northwesterly line of said lot, said line also being the southeasterly right-of-way line of Woodside Drive; thence along said northwesterly line along a curve to the left having a radius of 160.56 feet a distance of 25.12 feet (the chord of said curve having bearing a bearing and distance of N.53°03’40”E., 25.09 feet) to the POINT OF BEGINNING and containing 1,517 square feet exclusive of permanent drainage easement granted this date.


John P. Casady and Sheri L. Casady, husband and wife
PERMANENT DRAINAGE EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-03-082

A four sided parcel of land along the southwesterly line of a tract of land described in a warranty deed in Book 1169 at Page 247, said tract being Lot 11 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the west corner of said lot; thence along the southwesterly line of said lot S.41°50’10”E., 100.00 feet; thence leaving said line N.48°09’50”E., 10.00 feet; thence N.41°50’10”W., 100.24 feet to the northwesterly line of said lot, said line also being the southeasterly right-of-way line of Woodside Drive; thence along said northwesterly line along a curve to the right having a radius of 160.56 feet a distance of 10.00 feet (the chord of said curve having bearing and distance of S.46°47’40”W., 10.00 feet) to the POINT OF BEGINNING and containing 1,001 square feet.


The First Church of the Nazarene, Columbia, Missouri, Inc.
PERMANENT DRAINAGE EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-02-001

A four (4) sided parcel of land along the north line of part of a tract of land described in a warranty deed in Book 369 at Page 504 and in a warranty deed in Book 415 at Page 734, said part being  Lot 1 of Nazarene Subdivision, Plat No. 2 as recorded in Plat Book 34 at Page 82, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southeast corner of Lot 8 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16 of said Boone County Records; thence along the north line of said Lot 1, said line also being the south line of said Lot 8, S.89°21’00”W.,  74.95 feet to the POINT OF BEGINNING; thence leaving said north line S.0°39’15”E., 20.00 feet; thence S.89°21’00”W., 20.00 feet; thence N.0°39.15”W., 20.00 feet to said north line; thence along said north line N.89°21’00”E., 20.00 feet to the POINT OF BEGINNING and containing 400 square feet inclusive of 160 square feet of platted utility easement.


The First Church of the Nazarene, Columbia, Missouri, Inc.
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-11-02 Woodside Drive-Nazarene Church
Parcel: 12-715-00-02-001

A four (4) sided parcel of land along the north line of part of a tract of land described in a warranty deed in Book 369 at Page 504 and in a warranty deed in Book 415 at Page 734, said part being  Lot 1 of Nazarene Subdivision, Plat No. 2 as recorded in Plat Book 34 at Page 82, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southeast corner of Lot 8 of Blue Ridge Subdivision, Part No. 7 as recorded in Plat Book 9 at Page 16 of said Boone County Records; thence along the north line of said Lot 1, said line also being the south line of said Lot 8, S.89°21’00”W.,  59.95 feet to the POINT OF BEGINNING; thence leaving said north line S.0°39’15” E., 20.00 feet; thence S.89°21’00”W., 40.00 feet; thence N.0°39.15”W., 20.00 feet to said north line; thence along said north line N.89°21’00”E., 40.00 feet to the POINT OF BEGINNING and containing 240 square feet exclusive of platted utility easement and permanent drainage easement granted this date.

    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 16th day of May, 2005..