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           


AN ORDINANCE

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.