Section 106-508; Ord. 18670; Declaring the need to acquire easements necessary to construct the EP-3 Trunk Sewer, an 80-acre point sewer to serve the Hatton Farm; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18670                      Council Bill No.             B 312-05          

AN ORDINANCE

declaring the need to acquire easements necessary to construct the EP-3 Trunk Sewer, an 80-acre point sewer to serve the Hatton Farm; 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 the construction of the EP-3 Trunk Sewer, an 80-acre point sewer to serve the Hatton Farm described as follows:


J & S Columbia Property LLC
PERMANENT SEWER EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-102-05-00-001.00 01

A strip of land being 30 feet in width and lying 15 feet both sides of the following described centerline located in the Northeast quarter of the Northeast quarter of Section 5, T48N, R13W in Boone County, Missouri, being part of the tract described by Warranty Deed recorded in Book 1894 at Page 976 of said county records, and being more particularly described as follows:

Starting at the northeast corner of Section 4, T48N, R13W as shown by survey recorded in Book 718 at Page 549 of said county records; thence with the north side of said survey N83°35’30”W, 2632.73 feet; thence N83°38’00”W, 2630.80 feet; thence S1°13’00”W, 511.50 feet to the existing City sanitary trunk sewer; thence with said sewer S65°33’50”W, 458.30 feet to an existing manhole; thence N17°23’50”E, 30.00 feet to the Point of Beginning; thence S17°23’50”W, 60.00 feet; thence S29°36’30”E, 147.56 feet to the center of Perche Creek said point lies S68°24’00”E, 182.30 feet from the northeast corner of survey recorded in Book 953 at Page 907 of said county records and containing 0.10 acres.


J & S Columbia Property LLC
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-102-05-00-001.00 01

A tract of land located in the Northeast quarter of the Northeast quarter of Section 5, T48N, R13W in Boone County, Missouri, being part of the tract described by Warranty Deed recorded in Book 1894 at Page 976 of said county records, and being more particularly described as follows:

Starting at the northeast corner of Section 4, T48N, R13W as shown by survey recorded in Book 718 at Page 549 of said county records; thence with the north side of said survey, N83°35’30”W, 2632.73 feet; thence N83°38’00”W, 2630.80 feet; thence S1°13’00”W, 511.50 feet to the existing City sanitary trunk sewer; thence with said sewer S65°33’50”W, 492.33 feet to the Point of Beginning; thence S17°23’50”W, 53.00 feet; thence S29°36’30”E, 125.82 feet to the center of Perche Creek; thence with centerline of said creek to a point, said point lies S60°23’30”W, 100.00 feet from the previous point; thence N29°36’30”W, 169.30 feet; thence N17°23’50”E, 151.75 feet; thence S72°36’00”E, 100.00 feet; thence S17°23’50”W, 55.25 feet to the Point of Beginning and containing 0.64 acres.


J & S Columbia Property LLC
TEMPORARY ACCESS EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-102-05-00-001.00 01
A strip of land being 50 feet in width and lying 25 feet both sides of the following described centerline, lying in the Northeast quarter of the Northeast quarter of Section 5, T48N, R13W in Boone County, Missouri, being part of the tract described by Warranty Deed recorded in Book 1894 at Page 976 of said county records, and said centerline being described as follows:

Starting at the northeast corner of Section 4, T48N, R13W as shown by survey recorded in Book 718 at Page 549 of said county records; thence with the north side of said survey N83°35’30”W, 2632.73 feet; thence N83°38’00”W, 2630.80 feet; thence S1°13’00” W, 511.50 feet to the existing City sanitary trunk sewer; thence with said sewer S65°33’50”W, 458.30 feet to an existing manhole; thence N17°23’50”E, 100.00 feet to the Point of Beginning; thence N15°04’10”E, 241.03 feet; thence N70°27’00”W, 280.75 feet; thence S45°03’30”W, 274.66 feet; thence N75°55’50”W, 760.56 feet; thence N08°25’00”W, 359.77 feet; thence N47°29’20”W, 183.70 feet to a point on the right-of-way of Moreau Road and containing 2.41 acres.


Gary & Janet Krause
PERMANENT SEWER EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-003.00 01 & 16-102-05-00-025.00 01

A strip of land having a total width of 16 feet being 8 feet either side of the following described centerline, being located in the West half of the Northwest fractional quarter of Section 4, and the East half of the Northeast fractional quarter of Section 5, T48N, R13W in Boone County, Missouri, being part of the tract described by Warranty Deed recorded in Book 1170 at Page 507, also part of Tract I as described by Quit-Claim Deed recorded in Book 1210 at Page 41, both of said county records, and being more particularly described as follows:

Starting at the northeast corner of said Section 4 as shown by survey recorded in Book 718 at Page 549 of said county records; thence with north side of said survey N83°35’30”W, 2632.73 feet; thence with the west side of said survey and the extension thereof, S1°30’50”W, 1184.97 feet; thence N80°14’20”W, 64.24 feet; thence S88°44’30”W, 392.72 feet; thence S54°14’30”W, 315.81 feet; thence S73°49’20”W, 381.89 feet; thence N58°31’00”W, 327.52 feet; thence S88°49’00”W, 391.06 feet; thence S77°29’50”W, 379.61 feet; thence N46°02’20”W, 219.88 feet to the south side of said Tract I and the Point of Beginning; thence N46°02’20”W, 163.91 feet; thence N27°04’50”W, 395.00 feet; thence N69°48’20”W, 341.09 feet at which point the easement widens to thirty feet, being 15 feet either side of centerline; thence N29°36’30”W to the center of Perche Creek, the distance being 104 feet more or less and containing 0.40 acres.


Gary & Janet Krause
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-003.00 01 & 16-102-05-00-025.00 01

A tract of land located in the West half of the Northwest fractional quarter of Section 4 and the East half of the Northeast fractional quarter of Section 5, T48N, R13W in Boone County, Missouri, being part of the tract described by Warranty Deed recorded in Book 1170 at Page 507, also part of Tract I as described by Quit-Claim Deed recorded in Book 1210 at Page 41, both of said county records and being more particularly described as follows:

Starting at the northeast corner of said Section 4 as shown by survey recorded in Book 718 at Page 549 of said county records; thence with north side of said survey N83°35’30”W, 2632.73 feet; thence with the west side of said survey and the extension thereof, S1°30’50”W, 1184.97 feet; thence N80°14’20”W, 64.24 feet; thence S88°44’30”W, 392.72 feet; thence S54°14’30”W, 315.81 feet; thence S73°49’20”W, 381.89 feet; thence N58°31’00”W, 327.52 feet; thence S88°49’00”W, 391.06 feet; thence S77°29’50”W, 379.61 feet; thence N46°02’20”W, 219.88 feet to the south side of said Tract I and the Point of Beginning; thence with said south side S84°02’30”W, 65.35 feet; thence N46°02’20”W, 130.19 feet; thence N27°04’50”W, 383.79 feet; thence N69°48’20”W, 339.83 feet; thence N29°36’30”W to the center of Perche Creek, the distance being 104 feet; thence with centerline of said creek to a point, said point lies N60°23’30”E, 100.00 feet from the previous point; thence S29°36’30”E, 85.71 feet; thence S69°48’20” E, 342.34 feet; thence S27°04’50”E, 406.21 feet; thence S46°02’20”E, 197.64 feet to the south side of said Tract I; thence with said side S84°02’30”W, 65.35 feet to the Point of Beginning and containing 2.30 acres.


Lillie B. Gardner Revocable Trust
PERMANENT SEWER EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-001.00 01 & 16-201-00-00-002.00 01

Two strips of land having a total width of 16 feet, being located 8 feet both sides of the following described centerlines located in the Northeast quarter and the East half of Northwest quarter of Section 4, T48N, R13W, in Boone County, Missouri being part of Tracts I & II of Warranty Deed recorded in Book 1058 at Page 696 of said county records.

Tract 1
Starting at a found stone being the northeast corner of said section as shown by survey recorded in Book 718 at Page 549 of said county records, thence S1°19’50”W along the east side of survey recorded in Book 718 at Page 549, 1146.61 feet to southeast corner of said survey; thence with the south side of said survey N83°23’40”W, 1115.21 feet to the Point of Beginning of said centerline; thence S81°22’10”W, 148.41 feet; thence S82°59’30”W, 397.91 feet; thence N39°03’40”W, 189.87 feet to a point on the south side of said survey and containing 0.27 acres.

Tract 2
Starting at a found stone being the northeast corner of said section as shown by survey recorded in Book 718 at Page 549 of said county records, thence S1°19’50”W along the east side of survey recorded in Book 718 at Page 549, 1146.61 feet to the southeast corner of said survey; thence with the south side of said survey N83°23’40”W, 2142.86 feet to the Point of Beginning of said centerline; thence S74°21’50”W, 173.71 feet; thence N80°14’20”W, 394.07 feet; thence S88°44’30”W, 392.73 feet; thence S54°14’30”W to the south side of Tract II as described by said Warranty Deed, the distance being 296.40 feet and the end of the easement and containing 0.46 acres.


Lillie B. Gardner Revocable Trust
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-001.00 01 & 16-201-00-00-002.00 01

Two tracts of land located in the Northeast quarter and the East half of the Northwest quarter of Section 4, T48N, R13W in Boone County, Missouri being part of Tracts I & II of Warranty Deed recorded in Book 1058 at Page 696 of said county records

Tract 1
Starting at a found stone being the northeast corner of said section as shown by survey recorded in Book 718 at Page 549 of said county records, thence S1°19’50”W along the east side of survey recorded in Book 718 at Page 549, 1146.61 feet to the southeast corner of said survey; thence with the south side of said survey N83°23’40”W, 924.95 feet to the Point of Beginning; thence S81°22’10”W, 332.84 feet; thence S82°59’30”W, 319.43 feet to the south side of tract described as Tract I of Warranty Deed recorded in Book 1058 at Page 696 of said county records; thence with said side N83°23’40”W, 168.42 feet; thence leaving said side N39°03’40”W, 232.76 feet to the north side of said tract; thence with said north side S83°23’40”E, 181.99 feet; thence leaving said side S39°03’40”E, 112.19 feet; thence N82°59’30”E, 333.10 feet to said north side; thence with said side S83°23’40”E, 380.52 feet to the Beginning and containing 1.79 acres.

Tract 2
Starting at a found stone being the northeast corner of said section as shown by survey recorded in Book 718 at Page 549 of said county records, thence S1°19’50”W along the east side of survey recorded in Book 718 at Page 549, 1146.61 feet to the southeast corner of said survey; thence with the south side of said survey N83°23’40”W, 2010.76 feet to the Point of Beginning; thence S74°21’50”W, 306.77 feet; thence N80°14’20”W, 399.86 feet; thence S88°44’30”W, 373.47 feet; thence S54°14’30”W, 227.34 feet to the south side of Tract II as described by Warranty Deed recorded in Book 1058 at Page 696; thence with said side N82°42’50”W, 182.49 feet; thence N73°49’20”E, 73.25 feet; thence N54°14’30”E, 322.73 feet; thence N88°44’30”E, 413.12 feet; thence S80°14’30”E, 61.78 feet to the west side of survey recorded in Book 718 at Page 549 of said county records; thence with said west side S1°30’50”W, 2.73 feet to the southwest corner of said survey; thence with south side of said survey S83°23’40”E, 626.46 feet to the Beginning and containing 2.95 acres.


Michael and Brenda Smith
PERMANENT SEWER EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-004.00 01

A strip of land being 16 feet in width and lying 8 feet both sides of the following described centerline located in the South half of the Northwest quarter of Section 4, T48N, R13W in Boone County, Missouri being part of the tract described by Warranty Deed recorded in Book 1850 at Page 765 of said county records with centerline being more particularly described as follows:

Starting at the northeast corner of said Section 4 as shown by survey recorded in Book 718 at Page 549 of said county records; thence with north side of said survey N83°35’30”W, 2632.73 feet; thence with the west side of said survey and the extension thereof S1°30’50”W, 1184.97 feet; thence N80°14’20”W, 64.24 feet; thence S88°44’30”W, 392.72 feet; thence S54°14’30”W, 315.81 feet; thence S73°49’20”W, 381.89 feet; thence N58°31’00”W, 247.60 feet to the Point of Beginning; thence N58°31’00”W, 79.92 feet; thence S88°49’00”W, 391.06 feet; thence S77°29’50”W, 379.61 feet; thence N46°02’20”W, 219.88 feet to the north side of said tract and the end of the easement and containing 0.39 acres.

Michael and Brenda Smith
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-004.00 01

A tract of land located in the South half of the Northwest quarter of Section 4, T48N, R13W in Boone County, Missouri being part of the tract described by Warranty Deed recorded in Book 1850 at Page 765 of said county records and being more particularly described as follows:

Starting at the northeast corner of said Section 4 as shown by survey recorded in Book 718 at Page 549 of said county records; thence with north side of said survey N83°35’30”W, 2632.73 feet; thence with the west side of said survey and the extension thereof S1°30’50”W, 1184.97 feet; thence N80°14’20”W, 64.24 feet; thence S88°44’30”W, 392.72 feet; thence S54°14’30”W, 315.81 feet; thence S73°48’20”W, 381.89 feet; thence N58°31’00”W, 247.60 feet to the Point of Beginning; thence S2°11’10”W, 57.34 feet; thence N58°31’00”W, 93.30 feet; thence S88°49’00”W, 371.60 feet; thence S77°29’50”W, 401.36 feet; thence N46°02’20”W, 288.80 feet to the north side of said tract; thence with said side N84°02’30”E, 130.69 feet; thence S46°02’20”E, 150.96 feet; thence N77°29’50”E, 357.85 feet; thence N88°49’00”E, 410.54 feet; thence S58°31’00”E, 66.51 feet; thence S2°11’10”W, 57.34 feet to the Beginning and containing 2.46 acres.


Roxie Grant Revocable Trust
PERMANENT SEWER EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-014.00 01

A strip of land being 16 feet in width and lying 8 feet both sides of the following described centerline located in the East half of the Northwest fractional quarter of Section 4, T48N, R13W in Boone County, Missouri, being part of the thirty acre tract described in Quit-Claim Deed recorded in Book 1686 at Page 932 of said county records with the centerline being described as follows:

Starting at a found stone being the northeast corner of said section as shown by survey recorded in Book 718 at Page 549 of said county records; thence with the north side of said survey N83°35’30”W, 2632.73 feet; thence with the west side of same survey and the extension thereof S1°30’50”W, 1184.97 feet to the centerline of easement; thence with said centerline N80°14’20”W, 64.24 feet; thence S88°44’30”W, 392.73 feet; thence S54°14’30”W, 296.40 feet to a point on the north side of said thirty acre tract and the Point of Beginning; thence S54°14’30”W, 19.41 feet; thence S73°49’20”W, 381.89 feet; thence N58°31’00”W, 247.60 feet to the west side of said thirty acre tract and the end of the easement and containing 0.24 acres.


Roxie Grant Revocable Trust
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-04-00-014.00 01

A tract of land located in the East half of the Northwest fractional quarter of Section 4, T48N, R13W in Boone County, Missouri, being part of the thirty acre tract described in Quit-Claim Deed recorded in Book 1686 at Page 932 of said county records and being further described as follows:

Starting at a found stone being the northeast corner of said section as shown by survey recorded in Book 718 at Page 549 of said county records; thence with the north side of said survey N83°35’30”W, 2632.73 feet; thence with the west side of same survey and the extension thereof S1°30’50”W, 1184.97 feet to the centerline of easement; thence with said centerline N80°14’20”W, 64.24 feet; thence S88°44’30”W, 392.72 feet; thence S54°14’30”W, 296.40 feet to a point on the north side of said thirty acre tract and the Point of Beginning; thence with said north side S82°42’50”E, 73.26 feet; thence S54°14’30”W, 81.55 feet; thence S73°49’20”W, 412.63 feet; thence N58°31’00”W, 241.63 feet to the west side of said thirty acre tract; thence with said side N2°11’10”E, 114.68 feet; thence S58°31’00”E, 253.56 feet; thence N73°49’20”E, 277.90 feet to the north side of said thirty acre tract; thence with said side S82°42’50”E, 109.23 feet and containing 1.48 acres.


Con-Agg of MO LLC
PERMANENT SANITARY SEWER EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-00-00-001.00 01

Two strips of land, each being 16 feet in width and lying 8 feet either side of the following described centerline, lying in the North half of the northeast quarter of Section 4, T48N, R13W in Boone County, Missouri being part of the survey recorded in Book 718 at Page 549, and part of the tract described by Warranty Deed recorded in Book 1285 at Page 404, both of said county records having centerline described as follows:

Tract 1
Starting at a found stone being the northeast corner of said section as shown by said survey, thence with the section line and the east side of said survey, S1°19’50”W, 978.50 feet to the Point of Beginning of said centerline; thence N88°40’10”W, 38.32 feet; thence N75°15’30”W,  126.88 feet; thence S81°19’10”W, 377.15 feet; thence S86°41’30”W, 342.68 feet; thence S81°22’10”W, 238.46 feet to a point on the south side of said survey lying 1115.21 feet westerly of the southeast corner of said survey and containing 0.41 acres.

Tract 2
Starting at a found stone being the northeast corner of said section as shown by said survey, thence along the east side of said survey S1°19’50”W, 1146.61 feet; thence along the south side of same survey N83°23’40”W, 1781.00 feet to said centerline and the Point of Beginning; thence N39°03’40”W, 99.88 feet; thence N72°48’50”W, 83.61 feet; thence S74°21’50”W, 224.96 feet to a point on the south side of said survey, said point lies 2142.86 feet westerly of the southeast corner of said survey and containing 0.15 acres.


Con-Agg of MO LLC
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-00-00-001.00 01

Two tracts of land lying in the North half of the northeast quarter of Section 4, T48N, R13W in Boone County, Missouri being part of the tract described by Warranty Deed recorded in Book 1285 at Page 404 of said county records and more particularly described as follows:

Tract 1
Starting at a found stone being the northeast corner of said section as shown by said survey, thence with the section line and the east side of said survey S1°19’50”W, 936.25 feet to the Point of Beginning; thence N75°15’30”W, 164.69 feet; thence S81°19’10”W, 382.29 feet; thence N86°41’30”W, 342.64 feet; thence S81°22’10”W, 427.26 feet to a point on the south side of said survey; thence along said side S83°23’40”E, 380.52 feet; thence leaving said side N81°22’10”E, 49.68 feet; thence N86°41’30”E, 342.68 feet; thence N81°19’10”E, 274.64 feet; thence S6°36’50”W, 1.13 feet to the northwest corner of survey recorded in Book 926 at Page 249; thence with the boundary of said survey N76°49’00”E, 92.54 feet; thence S71°45’10”E, 109.20 feet; thence S88°40’10”E, 65.20 feet to the northeast corner of said survey; thence leaving said boundary and with the section line N1°19’50”E, 90.52 feet to the beginning and containing 2.57 acres.

Tract 2
Starting at a found stone being the northeast corner of said section as shown by said survey, thence with east side of said survey S1°19’50”W, 1146.61 feet; thence with south side of said survey N83°23’40”W, 1709.46 feet to the Point of Beginning; thence N39°03’40”W, 166.22 feet; thence N72°48’50”W, 113.51 feet; thence S74°21’50”W, 361.95 feet to the south side of said survey; thence along said side S83°23’40”E, 264.20 feet; thence N74°21’50”E, 87.96 feet; thence S72°48’50”E, 53.71 feet; thence S39°03’40”E, 27.78 feet to the south side of said survey; thence along said side S83°23’40”E, 181.99 feet to the Point of Beginning and containing 0.95 acres.


Con-Agg of MO LLC
TEMPORARY ACCESS EASEMENT
Project: EP-3 Trunk Sewer – 80-acre point sewer to serve the Hatton Farm
Parcel: 16-201-00-00-001.00 01

A strip of land being 50 feet in width and lying 25 feet both sides of the following described centerline, lying in the North half of the northeast quarter of Section 4, T48N, R13W in Boone County, Missouri being part of the survey recorded in Book 718 at Page 549, and part of the tract described by Warranty Deed recorded in Book 1285 at Page 404, both of said county records having centerline described as follows:

Starting at a found stone being the northeast corner of said section as shown by said survey, thence with the section line and the east side of said survey, S1°19’50”W, 978.50 feet; thence N88°40’10”W, 38.32 feet; thence N75°15’30”W, 126.88 feet; thence S81°19’10”W, 377.15 feet; thence S86°41’30”W, 183.66 feet to the Point of Beginning of said centerline; thence N52°49’00”E, 333.84 feet; thence N39°01’40”E, 444.46 feet; thence N12°56’40”E, 259.39 feet; thence S89°02’30”E, 131.53 feet to a point on the east side of said survey; said point lies S1°19’50”W, 193.82 feet from the northeast corner of said section as shown by said survey and containing 1.34 acres.

    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 September, 2005.