Section 106-460; Ord. 18638; Declaring the need to acquire easements necessary to construct the Rock Quarry Road culvert project


Ordinance No.            18638                      Council Bill No.            B 279-05           


AN ORDINANCE

declaring the need to acquire easements necessary to construct the Rock Quarry Road culvert 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 easements for construction of the Rock Quarry Road culvert project as follows:

Cambridge Place, L.P., a Missouri limited partnership
PERMANENT DRAINAGE EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-03-001

A four sided parcel of land in the west part of a tract of land described in a warranty deed in Book 1462 at Page 711, said tract being Lot 1 of Cambridge Place Subdivision, Block 2 as recorded in Plat Book 34 at Page 66, 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 lot; thence along the west line of said lot, said west line also being the east right-of-way line of Rock Quarry Road, S.1°10’30”W., 238.76 feet to the POINT OF BEGINNING; thence leaving said west line along the southwesterly lines of a platted drainage easement S.50°06’30”E., 30.17 feet; thence S.18°39’00”E., 4.57 feet; thence leaving said southwesterly lines N.88°49’30”W., 25.09 feet to said west line of said lot; thence along said west line N.1°10’30”E., 23.17 feet to the POINT OF BEGINNING and containing 327 square feet inclusive of 192 square feet of platted utility easement.


Cambridge Place, L.P., a Missouri limited partnership
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-03-001

A four sided parcel of land in the west part of a tract of land described in a warranty deed in Book 1462 at Page 711, said tract being Lot 1 of  Cambridge Place Subdivision, Block 2 as recorded in Plat Book 34 at Page 66, 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 lot; thence along the west line of said lot, said west line also being the east right-of-way line of Rock Quarry Road, S.1°10’30”W., 199.81 feet to the POINT OF BEGINNING; thence leaving said west line S.44°05’45”E., 73.13 feet; thence S.42°40’40”W., 51.85 feet; thence N.89°03’55”W., 17.60 feet to said west line of said lot; thence along said west line N.1°10’30”E., 90.37 feet to the POINT OF BEGINNING and containing 2,361 square feet exclusive of permanent drainage easement granted this date and inclusive of 1,156 square feet of platted drainage easement and 406 square feet of platted utility easement.


Crown Center Farms, Inc.
PERMANENT DRAINAGE EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-00-005

A rectangular shaped parcel of land in the east part of a tract of land described in a quit-claim deed in Book 802 at Page 126 of the Boone County Records; situate in the northwest quarter of Section 31, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri;  said parcel being described as follows:

Starting at the northwest corner of Lot 1 of Cambridge Place Subdivision Block 2 as recorded in Plat Book 34 at Page 66 of said Boone County Records; thence along the extension of the north line of said Lot 1 N.89°38’00”W., 35.44 feet to the west right-of-way line of Rock Quarry Road; thence along said right-of-way line S.1°10’30”W., 218.81 feet to the POINT OF BEGINNING; thence continuing along said line S.1°10’30”W., 44.00 feet; thence leaving said line N.89°03’55”W., 12.00 feet; thence N.1°10’30”E., 44.00 feet; thence S.89°03’55”E., 12.00 feet to the POINT OF BEGINNING and containing 528 square feet all within a gas pipeline easement as described in Book 1192 at Page 237 of said Boone County Records.


Crown Center Farms, Inc.
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-00-005

A rectangular shaped parcel of land in the east part of a tract of land described in a quit-claim deed in Book 802 at Page 126 of the Boone County Records; situate in the northwest quarter of Section 31, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri;  said parcel being described as follows:
 
Starting at the northwest corner of Lot 1 of Cambridge Place Subdivision Block 2 as recorded in Plat Book 34 at Page 66 of said Boone County Records; thence along the extension of the north line of said Lot 1 N.89°38’00”W., 35.44 feet to the west right-of-way line of Rock Quarry Road; thence along said right-of-way line S.1°10’30”W., 195.81 feet to the POINT OF BEGINNING; thence continuing along said line S.1°10’30”W., 90.00 feet; thence leaving said line N.89°03’55”W., 33.00 feet; thence N.1°10’30”E., 90.00 feet; thence S.89°03’55”E., 33.00 feet to the POINT OF BEGINNING and containing 2,442 square feet exclusive of permanent drainage easement granted this date and inclusive of 1,800 square feet of gas pipeline easement as described in Book 1192 at Page 237 of said Boone County Records.


Crown Center Farms, Inc.
PERMANENT DRAINAGE EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-00-005

A four sided parcel of land in the east part of a tract of land described in a quit-claim deed in Book 802 at Page 126 of the Boone County Records; situate in the northeast quarter of Section 31, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of Tract 1 of a survey as recorded in Book 1361 at Page 607 of said Boone County Records; thence along the southwesterly line of said Tract 1 S.42°56’30”E., 282.21 feet to the POINT OF BEGINNING; thence continuing along said line S.42°56’30”E., 21.28 feet; thence leaving said line S.41°56’25”W., 7.44 feet; thence N.48°03’35”W., 21.19 feet; thence N.41°56’25”E., 9.34 feet to the POINT OF BEGINNING and containing 178 square feet.


Crown Center Farms, Inc.
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-00-005

A four sided parcel of land in the east part of a tract of land described in a quit-claim deed in Book 802 at Page 126 of the Boone County Records; situate in the northeast quarter of Section 31, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of Tract 1 of a survey as recorded in Book 1361 at Page 607 of said Boone County Records; thence along the southwesterly line of said Tract 1 S.42°56’30”E., 257.44 feet to the POINT OF BEGINNING; thence continuing along said line S.42°56’30”E., 56.85 feet; thence leaving said line S.41°56’25”W., 11.48 feet; thence N.48°03’35”W., 56.63 feet; thence N.41°56’25”E., 16.55 feet to the POINT OF BEGINNING and containing 616 square feet exclusive of permanent drainage easement granted this date.


James A. Gregory and Donna Gregory, husband and wife
George F. Gregory and Rose Ann Gregory, husband and wife
as tenants in common
PERMANENT DRAINAGE EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-00-007

A four sided parcel of land in the northwest part of a tract of land described in a warranty deed in Book 1067 at Page 242 of the Boone County Records; situate in the northeast quarter of Section 31, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of Tract 1 of a survey as recorded in Book 1361 at Page 607 of said Boone County Records; thence along the southwesterly line of said Tract 1 S.42°56’30”E., 282.21 feet to the POINT OF BEGINNING; thence leaving said line N.41°56’25”E., 29.39 feet; thence S.48°03’35”E., 21.19 feet; thence S.41°56’25” W., 31.29 feet to said southwesterly line; thence along said southwesterly line N.42°56’30”W., 21.28 feet to the POINT OF BEGINNING and containing 643 square feet inclusive of 392 square feet in existing roadway.


James A. Gregory and Donna Gregory, husband and wife
George F. Gregory and Rose Ann Gregory, husband and wife
as tenants in common
TEMPORARY CONSTRUCTION EASEMENT
Project: 78-03-01 Rock Quarry Rd.
Parcel: 17-703-00-00-007

A four sided parcel of land in the northwest part of a tract of land described in a warranty deed in Book 1067 at Page 242 of the Boone County Records; situate in the northeast quarter of Section 31, Township 48 North, Range 12 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the northwest corner of Tract 1 of a survey as recorded in Book 1361 at Page 607 of said Boone County Records; thence along the southwesterly line of said Tract 1 S.42°56’30”E., 257.44 feet to the POINT OF BEGINNING; thence leaving said line N.41°56’25”E., 38.68 feet; thence S.48°03’35”E., 56.63 feet; thence S.41°56’25”W., 43.75 feet to said southwesterly line; thence along said southwesterly line N.42°56’30”W., 56.85 feet to the POINT OF BEGINNING and containing 1,691 square feet exclusive of permanent drainage easement granted this date and inclusive of 670 square feet in existing roadway.

    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 15th day of August, 2005.