Section 106-388; Ord. 18595; Declaring the need to acquire easements to construct Hope Place from West Boulevard to Hardin Street


Ordinance No.            18595                      Council Bill No.            B 235-05           


AN ORDINANCE

declaring the need to acquire easements to construct Hope Place from West Boulevard to Hardin Street; 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 construction of Hope Place from West Boulevard to Hardin Street as follows:
Hinshaw Family Partnership, L.P.
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-03-016

A four sided parcel of land in the southeast corner of a tract of land described in a quit-claim deed in Book 1121 at Page 51, said tract being Lot 14 of Lanham’s Subdivision as recorded in Plat Book 4 at Page 12, 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.81°58’40”W., 20.40 feet; thence leaving said line N.3°42’05”E., 26.00 feet; thence S.81°58’40”E., 18.73 feet to the east line of said lot; thence along said east line S.0°03’30”W., 26.18 feet to the POINT OF BEGINNING and containing 507 square feet.


Jennifer E. Sharp
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-03-015

A four sided parcel of land in the southwest corner of a tract of land described in a warrant y deed in Book 2293 at Page 933, said tract being Lot 13 of Lanham’s Subdivision as recorded in Plat Book 4 at Page 12, 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°03’30” E., 26.18 feet; thence leaving said line S.81°58’40”E., 15.78 feet; thence S.3°42’05”W., 26.00 feet to the south line of said lot; thence along said south line N.81°58’40”W., 14.10 feet to the POINT OF BEGINNING and containing 387 square feet.


Mildred E. Coats
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-02-005

A four sided parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 430 at Page 850, said tract being Lot 10 of Flora’s Subdivision as recorded in Plat Book 4 at Page 9, 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.81°58’40”W., 16.00 feet; thence leaving said line N.0°00’20”E., 15.00 feet; thence S.81°58’40”E., 16.00 feet to the east line of said lot; thence along said east line S.0°03’30”W., 15.00 feet to the POINT OF BEGINNING and containing 238 square feet.


Rickie L. Bayte
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-02-006

A four sided parcel of land in the southwest corner and a four sided parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 1289 at Page 495, said tract being Lot 11 of Flora’s Subdivision as recorded in Plat Book 4 at Page 9, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcels being described as follows:

BEGINNING, for the first parcel, at the southwest corner of said lot; thence along the west line of said lot N.0°03’30”E., 15.00 feet; thence leaving said line S.81°58’40”E., 5.00 feet; thence S.0°00’20”W., 15.00 feet to the south line of said lot; thence along said south line N.81°58’40”W., 5.00 feet to the POINT OF BEGINNING and containing 74 square feet.

AND

BEGINNING, for the second parcel, at the southeast corner of said lot; thence along the south line of said lot N.81°58’40”W., 15.53 feet; thence leaving said line N.8°01’20”E., 15.00 feet; thence S.81°58’40”E., 13.43 feet to the east line of said lot; thence along said east line S.0°03’30”W., 15.15 feet to the POINT OF BEGINNING and containing 217 square feet.


Jerry D. Reeves and Tracy L. Reeves, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-02-010

A four sided parcel of land in the southwest corner and a four sided parcel in the south part of a tract of land described in a warranty deed in Book 1758 at Page 147, said tract being Lot 3 and the south three (3) feet of Lot 4 of Flora’s Subdivision as recorded in Plat Book 4 at Page 9, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcels being described as follows:

BEGINNING, for the first parcel, at the southwest corner of said lot; thence along the west line of said lot N.0°03’30”E., 15.15 feet; thence leaving said line S.81°58.40”E., 6.62 feet; thence S.8°01’20”W., 15.00 feet to the south line of said tract; thence along said south line N.81°58’40”W., 4.52 feet to the POINT OF BEGINNING and containing 84 square feet.

AND

Starting, for the second parcel, at the southwest corner of said lot; thence along the south line of said lot S.81°58’40”E., 38.99 feet to the POINT OF BEGINNING; thence leaving said line N.8°01’20”E., 15.00 feet; thence S.81°58’40”E., 20.05 feet; thence S.8°01’20”W., 15.00 feet to said south line; thence along said south line N.81°58’40”W., 20.05 feet to the POINT OF BEGINNING and containing 301 square feet.


Peter Bartok
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-03-008

A four sided parcel of land in the north part of a tract of land described in a warranty deed in Book 2083 at Page 279, said tract being part of Lots 5 and 6 of Lanham’s Subdivision as recorded in Plat Book 4 at Page 12, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of said tract; thence along the north line of said tract S.81°58’40”E., 9.35 feet to the POINT OF BEGINNING; thence continuing along said line S.81°58’40”E., 19.40 feet; thence leaving said line S.8°06’00”W., 24.00 feet; thence N.81°58’40”W., 19.40 feet; thence N.8°06’00”E., 24.00 feet to the POINT OF BEGINNING and containing 466 square feet.


Mary V. Cooke and Nicholas James Romano and Diane R. Hall, Joint Tenants
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-03-013

A four sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 622 at Page 78, said tract being Lot 4 of Lanham’s Subdivision as recorded in Plat Book 4 at Page 12, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0°03’30”W., 15.15 feet; thence leaving said line N.81°58’40”W., 19.49 feet; thence N.8°01’20”E., 15.00 feet to the north line of said lot; thence along said north line S.81°58’40”E., 17.39 feet to the POINT OF BEGINNING and containing 277 square feet.


Tobin C. Doll and Marcia K. Glosemeyer-Doll, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-03-014

A three side parcel of land in the northwest corner and a four sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 985 at Page 318, said tract being Lot 3 of Lanham’s Subdivision as recorded in Plat Book 4 at Page 12, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcels being described as follows:

BEGINNING, for the first parcel, at the northwest corner of said lot; thence along the north line of said lot S.81°58’40”E., 2.10 feet; thence leaving said line S.8°01’20”W., 15.00 feet to the west line of said lot; thence along said west line N.0°03’30”E., 15.15 feet to the POINT OF BEGINNING and containing 16 square feet.

AND

BEGINNING, for the second parcel, at the northeast corner of said lot; thence along the east line of said lot S.0°03’30”W., 15.15 feet; thence leaving said line N.81°58’40”W., 19.95 feet; thence N.8°01’20”E., 15.00 feet to the north line of said lot; thence along said north line S.81°58’40”E., 17.85 feet to the POINT OF BEGINNING and containing 284 square feet.


L. T. Dozier, III and Mary Jo Dozier, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-02-007

A three sided parcel of land in the northwest corner of a tract of land described in a warranty deed in Book 1238 at Page 675 and a four sided parcel of land in the northeast corner of  said warranty deed and a warranty deed in Book 1327 at Page 908, said tract being Lot 12 and part of Lot 13 of Flora’s Subdivision as recorded in Plat Book 4 at Page 9, all of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcels being described as follows:

BEGINNING, for the first parcel, at the northwest corner of said Lot 12; thence along the north line of said Lot 12 S.81°58’40”E., 2.10 feet; thence leaving said line S.8°01’20”W., 15.00 feet to the west line of said Lot 12; thence along said west line N.0°03’30”E., 15.15 feet to the POINT OF BEGINNING and containing 16 square feet.

AND

BEGINNING, for the second parcel, at the northeast east corner of said tract described in said Book 1327 at Page 908; thence along the east line of said tract S.6°07’45”W., 15.01 feet; thence leaving said line N.81°58’40”W., 16.85 feet; thence N.8°01’20”E., 15.00 feet to the north line of said Lot 12; thence along said north line of Lot 12 and the north line of Lot 13 S.81°58’40”E., 16.35  feet to the POINT OF BEGINNING and containing 249 square feet.


David C. Malloy and Mari L. Malloy, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-02-008

A four sided parcel of land in the northwest corner and a four sided parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 1349 at Page 535, said tract being part of Lots 1, 2 and 13 of Flora’s Subdivision as recorded in Plat Book 4 at Page 9, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcels being described as follows:

BEGINNING, for the first parcel, at the northwest corner of said tract; thence along the north line of said tract S.81°58’40”E., 4.45 feet; thence leaving said line S.8°01’20”W., 15.00 feet; thence N.81°58’40”W., 3.95 feet to the west line of said tract; thence along said west line N.6°07’45”E., 15.01 feet to the POINT OF BEGINNING and containing 63 square feet.

AND

BEGINNING, for the second parcel, at the northeast corner of said tract; thence along the east line of said tract S.4°55’20”W., 15.02 feet; thence N.81°58’40”W., 19.02 feet; thence N.8°01’20”E., 15.00 feet to the north line of said tract; thence along said north line S.81°58’40”E., 18.21 feet to the POINT OF BEGINNING and containing 279 square feet.


Anna Ekberg
TEMPORARY CONSTRUCTION EASEMENT
Project: 32-03-03 Hope Place - Hardin Street
Parcel: 16-318-00-02-009

A four sided parcel of land in the northwest corner and a four sided parcel of land in the north part of a tract of land described in a warranty deed in Book 669 at Page 218, said tract being part of Lots 1 and 2  of Flora’s Subdivision as recorded in Plat Book 4 at Page 9, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcels being described as follows:

BEGINNING, for the first parcel, at the northwest corner of said tract; thence along the north line of said tract S.81°58’40”E., 1.86 feet; thence leaving said line S.8°01’20”W., 15.00 feet; thence N.81°58’40”W., 1.05 feet to the west line of said tract; thence along said west line N.4°55’20”E., 15.02 feet to the POINT OF BEGINNING and containing 22 square feet.

AND

Starting, for the second parcel, at the northwest corner of said tract; thence along the north line of said tract S.81°58’40”E., 21.50 feet to the POINT OF BEGINNING; thence continuing along said line S.81°58’40”E., 19.81 feet; thence leaving said line S.8°01’20”W., 15.00 feet; thence N.81°58’40”W., 19.81 feet; thence N.8°01’20”E., 15.00 feet to the POINT OF BEGINNING and containing 297 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 18th day of July, 2005.