Series 106 2005 ORDINANCES/RESOLUTIONS

Section 106-595; Ord. 18726; Declaring the need to acquire easements necessary to construct a 36-inch water transmission main from the McBaine Water Treatment Plant to Scott Boulevard

Ordinance No.
__ 18726 __ Council
Bill No. __B 368-05 __

declaring the need to acquire easements necessary to construct a 36-inch water transmission
main
from the McBaine Water Treatment Plant to Scott Boulevard; 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 necessary to
construct a 36-inch water transmission main from the McBaine Water Treatment Plant to Scott
Boulevard described as follows:

BOONE COUNTY, MISSOURI, A POLITICAL SUBDIVISION OF THE STATE OF
MISSOURI

PERMANENT EASEMENT

A strip of land, 20 (twenty) feet wide, located in the southwest quarter of Section
31 T48N
R13W, in Boone County, Missouri, being part of Parcel I of a survey recorded in book 838 page
634, the centerline described as follows:

Starting at the southwest corner of Section 31-48-13, thence S 85°32’10”E,
along the section
line, 485.73 feet to the centerline of the abandoned M.K.&T. railroad; thence along said
centerline, N 44°45’E 388.4 feet; thence along a curve to the left having a radius of 2864.79
feet,
a distance of 399.6 feet, the chord being N 40°45’30”E 399.2 feet, to the southerly line
of Parcel
I of a survey recorded in book 838 page 634; thence along the lines of said Parcel I, S 53°24’E
50.0 feet; thence S 64°07’30”E 311.0 feet; thence N 44°57’30”E 36.1 feet;
thence N 23°15’E
154.2 feet; thence N 48°04’E 92.8 feet; thence N 70°24’E 134.4 feet; thence N 64°13’E
357.6
feet; thence S 83°00’30”E 205.8 feet; thence N 77°31’E 195.3 feet; thence N 84°38’30”E
203.4
feet; thence N 80°34’E 372.8 feet; thence N 76°16’E 786.0 feet; thence S 62°22’E
164.9 feet;
thence N 79°25’E 265.5 feet; thence N 70°14’E 307.2; thence along a curve to the left
having a
radius of 200 feet, a distance of 348.9 feet, the chord being N 20°15’E 306.3 feet; thence
N
29°44’W 567.4 feet; thence N 24°16’W 123.24 feet to the point of beginning.

From the point of beginning, leaving the lines of said Parcel I, S 41°32’40”W
109.62 feet to the
end of the centerline at a point on the line of said Parcel I , being N 24°16’00”W 83.09
feet from
a corner thereof.

BOONE COUNTY, MISSOURI, A POLITICAL SUBDIVISION OF THE STATE OF
MISSOURI

TEMPORARY EASEMENT

A strip of land, 100 (one hundred) feet wide, located in the southwest quarter of Section
31
T48N R13W, in Boone County, Missouri, being part of Parcel I of a survey recorded in book 838
page 634, the centerline described as follows:

Starting at the southwest corner of Section 31-48-13, thence S 85°32’10”E,
along the section
line, 485.73 feet to the centerline of the abandoned M.K.&T. railroad; thence along said
centerline, N 44°45’E 388.4 feet; thence along a curve to the left having a radius of 2864.79
feet,
a distance of 399.6 feet, the chord being N 40°45’30”E 399.2 feet, to the southerly line
of Parcel
I of a survey recorded in book 838 page 634; thence along the lines of said Parcel I, S 53°24’E
50.0 feet; thence S 64°07’30”E 311.0 feet; thence N 44°57’30”E 36.1 feet;
thence N 23°15’E
154.2 feet; thence N 48°04’E 92.8 feet; thence N 70°24’E 134.4 feet; thence N 64°13’E
357.6
feet; thence S 83°00’30”E 205.8 feet; thence N 77°31’E 195.3 feet; thence N 84°38’30”E
203.4
feet; thence N 80°34’E 372.8 feet; thence N 76°16’E 786.0 feet; thence S 62°22’E
164.9 feet;
thence N 79°25’E 265.5 feet; thence N 70°14’E 307.2; thence along a curve to the left
having a
radius of 200 feet, a distance of 348.9 feet, the chord being N 20°15’E 306.3 feet; thence
N
29°44’W 567.4 feet; thence N 24°16’W 123.24 feet to the point of beginning.

From the point of beginning, leaving the lines of said Parcel I, S 41°32’40”W
109.62 feet to the
end of the centerline at a point on the line of said Parcel I, being N 24°16’00”W 83.09
feet from
a corner thereof.

BOONE COUNTY, MISSOURI, A POLITICAL SUBDIVISION OF THE STATE OF
MISSOURI

PERMANENT EASEMENT

A strip of land, 20 (twenty) feet wide, located in the southwest quarter of Section
31 T48N
R13W, in Boone County, Missouri, being part of Parcel I of a survey recorded in book 838 page
634, the centerline described as follows:

Starting at the southwest corner of Section 31-48-13, thence S 85°32’10”E,
along the section
line, 485.73 feet to the centerline of the abandoned M.K.&T. railroad; thence along said
centerline, N 44°45’E 388.4 feet; thence along a curve to the left having a radius of 2864.79
feet,
a distance of 399.6 feet, the chord being N 40°45’30”E 399.2 feet, to the southerly line
of Parcel
I of a survey recorded in book 838 page 634; thence along said line, S 53°24’E 50.0 feet; thence
S 64°07’30”E 133.49 feet to the point of beginning.

From the point of beginning, leaving the southerly line of said Parcel I, N 31°45’E
0.26 feet to
the end of the centerline at a point on the northerly line of said Parcel I, being N 64°07’30”W
82.00 feet from a corner thereof.

BOONE COUNTY, MISSOURI, A POLITICAL SUBDIVISION OF THE STATE OF
MISSOURI

TEMPORARY EASEMENT

A strip of land, 70 (seventy) feet wide, located in the southwest quarter of Section
31 T48N
R13W, in Boone County, Missouri, being part of Parcel I of a survey recorded in book 838 page
634, the centerline described as follows:

Starting at the southwest corner of Section 31-48-13, thence S 85°32’10”E,
along the section
line, 485.73 feet to the centerline of the abandoned M.K.&T. railroad; thence along said
centerline, N 44°45’E 388.4 feet; thence along a curve to the left having a radius of 2864.79
feet,
a distance of 399.6 feet, the chord being N 40°45’30”E 399.2 feet, to the southerly line
of Parcel
I of a survey recorded in book 838 page 634; thence along said line, S 53°24’E 50.0 feet; thence
S 64°07’30”E 133.49 feet to the point of beginning.

From the point of beginning, leaving the southerly line of said Parcel I, N 31°45’E
0.26 feet to
the end of the centerline at a point on the northerly line of said Parcel I, being N 64°07’30”W
82.00 feet from a corner thereof.

BOONE COUNTY, MISSOURI, A POLITICAL SUBDIVISION OF THE STATE OF
MISSOURI

PERMANENT EASEMENT

A strip of land, 20 (twenty) feet wide, located in the southeast quarter of Section
29 T48N R13W
in Boone County, Missouri, being part of Tract B of a survey recorded in book 986 page 776,
and described by warranty deeds recorded in book 903 page 627 and book 2643 page 68, the
centerline described as follows:

Starting at the northwest corner of Tract B of a survey recorded in book 986 page 776,
shown by
said survey as being N 0°46’30”E 1397.29 feet and N 84°43’00”W 1043.92 feet
from the
southeast corner of Section 29-48-13; thence S 21°32’30”W, along the westerly line thereof,
122.22 feet to the point of beginning.

From the point of beginning, leaving the lines of Tract B of said survey, S 84°43’30”E
59.79
feet; thence S 71°46’00”E 1012.87 feet to the end of the centerline, at a point on the
westerly
right-of-way of Scott Boulevard, being S 2°52’00”W 87.91 feet from the 55 foot right-of-way
at
Station 23+60.

BOONE COUNTY, MISSOURI, A POLITICAL SUBDIVISION OF THE STATE OF
MISSOURI

TEMPORARY EASEMENT

A strip of land, 70 (seventy) feet wide, located in the southeast quarter of Section
29 T48N
R13W in Boone County, Missouri, being part of Tract B of a survey recorded in book 986 page
776, and described by warranty deeds recorded in book 903 page 627 and book 2643 page 68, the
centerline described as follows:

Starting at the northwest corner of Tract B of a survey recorded in book 986 page 776,
shown by
said survey as being N 0°46’30”E 1397.29 feet and N 84°43’00”W 1043.92
feet from the
southeast corner of Section 29-48-13; thence S 21°32’30”W, along the westerly line thereof,
122.22 feet to the point of beginning.

From the point of beginning, leaving the lines of Tract B of said survey, S 84°43’30”E
59.79
feet; thence S 71°46’00”E 1012.87 feet to the end of the centerline, at a point on the
westerly
right-of-way of Scott Boulevard, being S 2°52’00”W 87.91 feet from the 55 foot right-of-way
at
Station 23+60.

GIANT OAK FARM, INC., A MISSOURI CORPORATION

PERMANENT EASEMENT

A strip of land, 20 (twenty) feet wide, located in the south half of Section 29
T48N R13W, in
Boone County, Missouri, being part of a tract described by a warranty deed recorded in book 473
page 862, the centerline described as follows:

Beginning at a point on the east line of Tract 1 of a survey recorded in book 1283 page
732,
being S 82°54’20”E 326.85 feet and N 1°41’00”E 334.40 feet from the southwest
corner of
Section 29-48-13, and S 1°41’00”W, 1195.75 feet from the northeast corner of said
Tract 1,
thence, leaving the east line of said Tract 1, N 33°20’00”E 389.06 feet; thence N 51°20’00”E
354.43 feet; thence N 20°17’00”E 333.23 feet; thence S 84°44’00”E 2281.76
feet to the end of
the centerline, at a point on the westerly line of Tract B of a survey recorded in book 986 page
776, being S 21°32’30”W 122.22 feet from the northwest corner thereof.

GIANT OAK FARM, INC., A MISSOURI CORPORATION

TEMPORARY EASEMENT

A strip of land, 20 (twenty) feet wide, located in the south half of Section 29 T48N
R13W, in
Boone County, Missouri, being part of a tract described by a warranty deed recorded in book 473
page 862, the centerline described as follows:

Beginning at a point on the east line of Tract 1 of a survey recorded in book 1283 page
732
(Point “C”), being S 82°54’20”E 1326.85 feet and N 1°41’00”E 334.40
feet from the southwest
corner of Section 29-48-13, and S 1°41’00”W, 1195.75 feet from the northeast corner of
said
Tract 1, thence, leaving the east line of said Tract 1, along the centerline of a 70 (seventy) foot
strip, N 33°20’00”E 389.06 feet; thence N 51°20’00”E 354.43 feet; thence
N 20°17’00”E 333.23
feet; thence S 84°44’00”E 2127.42 feet; thence, said strip becoming 100 (one hundred)
feet
wide, S 84°44’00”E 154.34 feet to the end of the centerline, at a point on the westerly
line of
Tract B of a survey recorded in book 986 page 776, being S 21°32’30”W 122.22 feet from
the
northwest corner thereof.

Also, a strip of land 25 (twenty-five) feet wide, located east of and adjacent to the
following
described line. Beginning at Point “C”, above described, thence

S 1°41’00”W, along the east line of Tract 1 of a survey recorded in book
1283 page 732, 334.40;
thence S 1°13’40”W 287.0 feet to the end of the line.

HOBO HILL FARM, LLC, A MISSOURI LIMITED LIABILITY COMPANY

PERMANENT EASEMENT

A strip of land, 20 (twenty) feet wide, located in the northwest quarter of Section
32 T48N
R13W, in Boone County, Missouri, being part of Tract 1 of a survey recorded in book 1283 page
732 and described by a quit-claim deed recorded in book 1578 page 918, the centerline described
as follows:

Starting at the northeast corner of Tract 2 of a survey recorded in book 1283 page 732,
also being
a corner of Tract 1 of said survey, said corner shown by said survey as being S 82°54’20”E
1326.85 feet; thence S 1°13’40”W 1418.05 feet; thence N 62°07’30”W 266.25
feet; thence S
1°13’40”W 195.40 feet; thence S 62°07’30”E 266.25 feet; thence S 1°13’40”W
774.00 feet;
thence N 84°07’30”W 1092.00 feet; thence N 8°53’10”E 640.00 feet; thence
N 9°05’10”E
467.00 feet; thence N 10°23’10”E 1166.50 feet from the northwest corner of Section 32-48-13;
thence S 10°23’10”W, along the line of Tract 1 of said survey, 180.18 feet to the point
of
beginning.

From the point of beginning, leaving the lines of Tract 1 of said survey, S 75°31’50”E
77.15 feet;
thence S 88°17’50”E 707.21 feet to Point “A” on the east line of said Tract
1 and the end of the
centerline of said 20 foot strip.

Thence said 20 foot strip being west of, and adjacent to the following described line. From Point
“A”, previously described above, thence N 1°13’40”E 251.85 feet; thence N 1°41’00”E
345.0
feet to the end of the line, at a point on the east line of said Tract 1, at a point being S 1°41’00”W
1185.15 from the northeast corner thereof.

HOBO HILL FARM, LLC, A MISSOURI LIMITED LIABILITY COMPANY

TEMPORARY EASEMENT

A strip of land, 70 (seventy) feet wide, located in the northwest quarter of Section
32 T48N
R13W, in Boone County, Missouri, being part of Tract 1 of a survey recorded in book 1283 page
732 and described by a quit-claim deed recorded in book 1578 page 918, the centerline described
as follows:

Starting at the northeast corner of Tract 2 of a survey recorded in book 1283 page 732,
also being
a corner of Tract 1 of said survey, said corner shown by said survey as being S 82°54’20”E
1326.85 feet; thence S 1°13’40”W 1418.05 feet; thence N 62°07’30”W 266.25
feet; thence S
1°13’40” W 195.40 feet; thence S 62°07’30”E 266.25 feet; thence S 1°13’40”W
774.00 feet;
thence N 84°07’30”W 1092.00 feet; thence N 8°53’10”E 640.00 feet; thence
N 9°05’10”E
467.00 feet; thence N 10°23’10”E 1166.50 feet from the northwest corner of Section 32-48-13;
thence S 10°23’10”W, along the line of Tract 1 of said survey, 180.18 feet to the point
of
beginning.

From the point of beginning, leaving the lines of Tract 1 of said survey, S 75°31’50”E
77.15 feet;
thence S 88°17’50”E 707.21 feet to Point “A” on the east line of said Tract
1 and the end of the
centerline of said 70 foot strip.

Thence along the east line, of a 45 (forty-five) strip of land, being west of, and adjacent
to the
following described line. From Point “A”, previously described above, thence N 1°13’40”E
251.85 feet; thence N 1°41’00”E 370.0 feet to the end of the line, at a point on the east
line of
said Tract 1, at a point being S 1°41’00”W 1160.15 from the northeast corner thereof.

LEAH FRANCES BAILEY, TRUSTEE OR SUCCESSOR TRUSTEE, OF THE LEAH
FRANCES BAILEY TRUST, DATED NOVEMBER 1, 1999

PERMANENT EASEMENT

A strip of land, 20 (twenty) feet wide, located in the northeast quarter of Section
31 T48N R13W
and in the northwest quarter of Section 32 T48N R13W, in Boone County, Missouri, being part
of Tract 2 of a survey recorded in book 1283 page 732, and described by a quit-claim deed
recorded in book 1578 page 916, the centerline described as follows:

Starting at the northeast corner of Tract 2 of a survey recorded in book 1283 page 732,
also being
a corner of Tract 1 of said survey, said corner shown by said survey as being S 82°54’20”E
1326.85 feet; thence S 1°13’40”W 1418.05 feet; thence N 62°07’30”W 266.25
feet; thence S
1°13’40”W 195.40 feet; thence S 62°07’30”E 266.25 feet; thence S 1°13’40”W
774.00 feet;
thence N 84°07’30”W 1092.00 feet; thence N 8°53’10”E 640.00 feet; thence
N 9°05’10”E
467.00 feet; thence N 10°23’10”E 1166.50 feet from the northwest corner of Section 32-48-13;
thence S 10°23’10”W, along the line of Tract 2 of said survey, 180.18 feet to the point
of
beginning.

From the point of beginning, leaving the lines of Tract 2 of said survey, N 75°31’50”W
396.47
feet; thence N 83°38’30”W 506.97 feet; thence S 55°46’10”W 383.20 feet;
thence S
84°21’40”W 171.48 feet to the end of the centerline at a point being S 1°17’30”W
14.33 feet
from a corner of Tract 2 of said survey.

LEAH FRANCES BAILEY, TRUSTEE OR SUCCESSOR TRUSTEE, OF THE LEAH
FRANCES BAILEY TRUST, DATED NOVEMBER 1, 1999

TEMPORARY EASEMENT

A strip of land, 70 (seventy) feet wide, located in the northeast quarter of Section
31 T48N
R13W and in the northwest quarter of Section 32 T48N R13W, in Boone County, Missouri,
being part of Tract 2 of a survey recorded in book 1283 page 732, and described by a quit-claim
deed recorded in book 1578 page 916, the centerline described as follows:

Starting at the northeast corner of Tract 2 of a survey recorded in book 1283 page 732,
also being
a corner of Tract 1 of said survey, said corner shown by said survey as being S 82°54’20”E
1326.85 feet; thence S 1°13’40”W 1418.05 feet; thence N 62°07’30”W 266.25
feet; thence S
1°13’40”W 195.40 feet; thence S 62°07’30”E 266.25 feet; thence S 1°13’40”W
774.00 feet;
thence N 84°07’30”W 1092.00 feet; thence N 8°53’10”E 640.00 feet; thence
N 9°05’10”E
467.00 feet; thence N 10°23’10”E 1166.50 feet from the northwest corner of Section 32-48-13;
thence S 10°23’10”W, along the line of Tract 2 of said survey, 180.18 feet to the point
of
beginning.

From the point of beginning, leaving the lines of Tract 2 of said survey, N 75°31’50”W
396.47
feet; thence N 83°38’30”W 506.97 feet; thence S 55°46’10”W 383.20 feet;
thence S
84°21’40”W 171.48 feet to the end of the centerline at a point being S 1°17’30”W
14.33 feet
from a corner of Tract 2 of said survey.

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 3rd day of October, 2005.