Section 106-284; Ord. 18530; Declaring the need to acquire easements necessary to construct Sewer District No. 149 (Edgewood Avenue)


Ordinance No.            18530                      Council Bill No.            B 160-05           


AN ORDINANCE

declaring the need to acquire easements necessary to construct Sewer District No. 149 (Edgewood Avenue); 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. 149 (Edgewood Avenue) described as follows:

Josephine T. Ruether
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-055

The south eight (8) feet of the east one-hundred eighty one (181) feet of a tract of land described in a warranty deed in Book 2396 at Page 121, said tract being Lot 18 of Subdivision of Block 3 of Quarry Heights Subdivision as recorded in Plat Book 4 at Page 47, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,448 square feet.


Josephine T. Ruether
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-055

The south eight (8) feet and the north seven (7) feet of the south fifteen (15) feet of the east one-hundred fifteen (115) feet of a tract of land described in a warranty deed in Book 2396 at Page 121, said tract being Lot 18 of Subdivision of Block 3 of Quarry Heights Subdivision as recorded in Plat Book 4 at Page 47, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 898 square feet exclusive of permanent sanitary sewer easement granted this date.

James N. Glennon and Rene Collins Rau, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-054

The south five (5) feet of the north fifteen (15) feet of the east one-hundred fifteen (115) feet of a part of a tract of land described in a warranty deed in Book 567 at Page 828, said part being Lot 1 of Subdivision of a Part of Lot 19 of the Subdivision of Block 3 of Quarry Heights Subdivision as recorded in Plat Book 5 at Page 8, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 575 square feet exclusive of platted utility and sewer easement.


Sallee B. Purcell, Trustee of the Sallee B. Purcell Trust
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-062

The east ten (10) feet of the west twenty (20) feet of the south eight (8) feet of a tract of land described in a quit-claim deed in Book 1950 at Page 238, said tract being Lot 20 of Block 2 of Quarry Height Subdivision as recorded in Plat Book 4 at Page 44, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 160 square feet inclusive of 80 square feet of platted utility and sewer easement.


Sallee B. Purcell, Trustee of the Sallee B. Purcell Trust
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-062

The west fifty-seven (57) feet of the south fifteen (15) feet of a tract of land described in a quit-claim deed in Book 1950 at Page 238, said tract being Lot 20 of Block 2 of Quarry Height Subdivision as recorded in Plat Book 4 at Page 44, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 625 square feet exclusive of permanent sanitary sewer easement granted this date and platted utility and sewer easement.


Leslie Jane Simmons, Trustee of the Leslie Jane Simmons Revocable Trust
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-063

The west fifty-seven (57) feet of the north fifteen (15) feet of a tract of land described in a warranty deed in Book 2482 at Page 18, said tract being Lot 19 of Block 2 of Quarry Heights Subdivision as recorded in Plat Book 4 at Page 44, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 235 square feet exclusive of platted utility and sewer easement.


William A. Berry and Janet Rollins Berry, Joint Tenants
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-071

The west five (5) feet of the south thirteen (13) feet of a tract of land described in a warranty deed in Book 456 at Page 564, said tract being Lot 11 of Block 2 of Quarry Heights Subdivision as recorded in Plat Book 4 at Page 44, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 65 square feet.


William Hawk and Phyllis Hawk, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-070

The west six (6) feet of the south seventeen (17) feet of a tract of land described in a warranty deed in Book 1495 at Page 915, said tract being Lot 12 of Block 2 of Quarry Heights Subdivision as recorded in Plat Book 4 at Page 44, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 102 square feet.


Quaint Quarters, L.L.C.
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 149-Edgewood Avenue
Parcel: 16-610-00-01-069

The west eight (8) feet of the north thirteen (13) feet of a tract of land described in a warranty deed in Book 2478 at Page 63, said tract being Lot 13 of Block 2 of Quarry Heights Subdivision as recorded in Plat Book 4 at Page 44, both the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 104 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 June, 2005.