Section 106-701; Ord. 18778; Declaring the need to acquire easements necessary to construct the South Grindstone Creek Trail; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18778                      Council Bill No.             B 424-05          


AN ORDINANCE

declaring the need to acquire easements necessary to construct the South Grindstone Creek Trail; 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 South Grindstone Creek Trail described as follows:

Laura E. Happe
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-517-21-01-005.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE ACROSS PART OF LOT 287, EL CHAPARRAL PLAT NO. 5, RECORDED IN PLAT BOOK 11, PAGE 30, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE SOUTHERNMOST CORNER OF SAID LOT 287; THENCE WITH THE SOUTHWEST LINE THEREOF, N26°17’45”W, 99.20 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SOUTHWEST LINE, S77°16’30”E, 47.90 FEET TO THE EAST LINE OF SAID LOT 287, THE END OF THE DESCRIBED CENTERLINE AND CONTAINING 1,440 SQUARE FEET.


Bobby and Kristin Baker
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-517-21-01-006.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE ACROSS PART OF LOT 286, EL CHAPARRAL PLAT NO. 5, RECORDED IN PLAT BOOK 11, PAGE 30, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 286; THENCE WITH THE WEST LINE THEREOF, N32°39’00”E, 44.70 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID WEST LINE, S79°25’00”E, 8.00 FEET; THENCE N85°10’00”E, 40.10 FEET; THENCE N83°18’00”E, 52.50 FEET; THENCE S79°48’00”E, 56.20 FEET; THENCE S58°55’30”E, 61.00 FEET; THENCE S77°16’30”E, 10.35 FEET TO THE END OF THE DESCRIBED CENTERLINE AND CONTAINING 6,840 SQUARE FEET.


Boone County Regional Sewer District
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-513-21-01-008.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 536, PAGE 476 AND BEING ACROSS PART OF LOT 323, EL CHAPARRAL PLAT 5, RECORDED IN PLAT BOOK 11, PAGE 30 AS SHOWN BY THE SURVEY RECORDED IN BOOK 2235, PAGE 687 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE SOUTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 2235, PAGE 687; THENCE WITH THE SOUTHERLY LINE THEREOF, N69°22’15”W, 249.82 FEET; THENCE N73°37’05”W, 175.13 FEET; THENCE N69°55’10”W,  362.91 FEET; THENCE N68°27’15”W, 271.49 FEET; THENCE N36°39’30”W, 32.40 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SOUTHERLY LINE, N56°34’00”E, 29.75 FEET; THENCE S65°32’00”E, 116.40 FEET; THENCE S70°38’00”E, 173.05 FEET; THENCE S72°15’55”E, 115.35 FEET; THENCE S71°23’30”E, 87.30 FEET; THENCE S73°22’00”E, 56.90 FEET; THENCE S72°47’00”E, 116.10 FEET; THENCE S69°09’00”E, 85.40 FEET; THENCE S70°02’00”E, 90.55 FEET; THENCE S61°56’00”E, 108.55 FEET; THENCE S70°39’00”E, 72.75 FEET; THENCE S79°25’00”E, 19.20 FEET TO THE EAST LINE OF SAID SURVEY, THE END OF THE DESCRIBED CENTERLINE.  THE NORTHERLY SIDE OF SAID THIRTY (30) FOOT WIDE STRIP SHALL EXTEND TO THE WESTERLY LINE OF SAID TRACT AND END AT THE EAST LINE THEREOF AND THE SOUTHERLY LINE SHALL BEGIN AT THE WESTERLY SIDE AND END AT SAID EAST LINE.  SAID STRIP CONTAINS 0.70 ACRES, EXCLUDING THE AREA WITHIN THE PROPOSED PERMANENT SEWER EASEMENT.


Roger W. Bumgarner Trustee, Mary H. Bumgarner Trustee, Mary H. Bumgarner Declaration of Trust
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-404-00-00-004.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE EAST HALF OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2620, PAGE 139 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20-48-12; THENCE WITH THE WEST LINE THEREOF, N1°32’20”E, 852.55 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID WEST LINE, S51°08’00”E, 130.40 FEET; THENCE N68°43’20”E, 114.95 FEET; THENCE N80°53’30”E, 432.60 FEET; THENCE S69°04’45”E, 399.65 FEET; THENCE S15°54’55”E, 255.35 FEET; THENCE S22°58’10”E, 442.50 FEET; THENCE S25°16’10”E, 151.50 FEET TO A POINT ON THE EAST SECTION LINE, BEING S1°21’40”W, 23.60 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 20-48-12, THE END OF THE DESCRIBED CENTERLINE AND CONTAINING 3390 SQUARE FEET, EXCLUSIVE OF THE AREA WITHIN THE PROPOSED PERMANENT SEWER EASEMENT.  THE EAST SIDE OF SAID THIRTY (30) FOOT STRIP SHALL END AT THE SECTION LINE AND THE WEST SIDE THEREOF SHALL EXTEND SOUTHERLY PARALLEL TO THE DESCRIBED CENTERLINE TO THE EAST SECTION LINE.

Roger W. Bumgarner Trustee, Mary H. Bumgarner Trustee, Roger W. Bumgarner Declaration of Trust
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-517-00-00-002.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF TRACT NUMBER 1 OF THE WARRANTY DEED RECORDED IN BOOK 2620, PAGE 138 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21-48-12; THENCE WITH THE SECTION LINE, S1°21’40”W, 23.60 FEET; THENCE LEAVING SAID SECTION LINE, S25°16’10”E, 273.00 FEET; THENCE S55°27’50”E, 390.00 FEET TO THE CENTERLINE OF THE SOUTH FORK OF THE GRINDSTONE CREEK, THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, CONTINUING S55°27’50”E, 148.90 FEET; THENCE N52°26’50”E, 471.95 FEET; THENCE N54°39’30”E, 65.15 FEET; THENCE S83°09’30”E, 144.85 FEET; THENCE N84°44’30”E, 55.45 FEET; THENCE N82°13’00”E, 70.95 FEET; THENCE N56°34’00”E, 75.95 FEET TO THE CENTERLINE OF SAID CREEK, BEING THE SOUTH LINE OF LOT 323, EL CHAPARRAL PLAT 5, AS SHOWN BY THE SURVEY RECORDED IN BOOK 2235, PAGE 687, THE END OF THE DESCRIBED CENTERLINE.  THE SOUTHERLY SIDE OF SAID THIRTY (30) FOOT WIDE STRIP SHALL EXTEND PARALLEL TO THE DESCRIBED CENTERLINE TO THE CENTERLINE OF SAID CREEK AND THE NORTHERLY SIDE OF SAID STRIP SHALL BEGIN AND END AT THE CENTERLINE OF SAID CREEK.  SAID STRIP CONTAINS 9,745 SQUARE FEET, EXCLUDING THE AREA WITHIN THE PROPOSED PERMANENT SEWER EASEMENT.


William Lawrence JR & Rhonda Faye Byers
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-517-21-01-007.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE ACROSS PART OF LOT 285, EL CHAPARRAL PLAT NO. 5, RECORDED IN PLAT BOOK 11, PAGE 30, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;

COMMENCING AT THE SOUTHERNMOST CORNER OF SAID LOT 285; THENCE WITH THE WESTERLY LINE THEREOF, N17°40’30”W, 47.05 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID WESTERLY LINE, S79°25’00”E, 39.10 FEET TO THE EASTERLY LINE OF SAID LOT 285, THE END OF THE DESCRIBED CENTERLINE AND CONTAINING 1,172 SQUARE FEET.
 

Corlissa E. Gigax
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-517-21-00-001.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE WEST HALF OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 291, PAGE 152 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21-48-12; THENCE WITH THE SECTION LINE, S1°21’40”W, 23.60 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SECTION LINE, S25°16’10”E, 273.00 FEET; THENCE S55°27’50”E, 390.00 FEET TO THE CENTERLINE OF THE SOUTH FORK OF THE GRINDSTONE CREEK, THE END OF THE DESCRIBED CENTERLINE.  THE WESTERLY SIDE OF SAID THIRTY (30) FOOT STRIP SHALL BEGIN AT THE SECTION LINE AND END AT THE CENTERLINE OF SAID CREEK AND THE EASTERLY SIDE THEREOF SHALL EXTEND NORTHERLY PARALLEL TO THE DESCRIBED CENTERLINE TO THE SECTION LINE AND EXTEND SOUTHERLY TO THE CENTERLINE OF SAID CREEK.  SAID STRIP CONTAINS 0.46 ACRES OF PROPOSED PERMANENT SEWER AND TRAIL EASEMENTS.


Stadium 63 Properties LLC
SCENIC CONSERVATION BIKEWAY/WALKWAY EASEMENT
Project: South Grindstone Creek Trail
Parcel: 17-404-00-00-005.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2736, PAGE 50 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTHWEST CORNER OF LOT 30 CONCORDE OFFICE AND INDUSTRIAL PLAZA PLAT 11, RECORDED IN PLAT BOOK 28, PAGE 62; THENCE WITH THE NORTH LINE THEREOF, S88°46’40”E, 138.10 FEET; THENCE LEAVING SAID NORTH LINE, N29°09’00”E, 857.05 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, S76°46’30”E, 247.30 FEET; N38°09’00”E, 142.05 FEET; THENCE N41°15’00”E, 62.55 FEET; THENCE N59°38’00”E, 39.50 FEET; THENCE N83°13’00”E, 46.80 FEET; THENCE S89°26’00”E, 53.80 FEET; THENCE S79°46’00”E, 38.45 FEET; THENCE S77°48’00”E, 51.45 FEET; THENCE S69°18’00”E, 44.80 FEET; THENCE S73°41’00”E, 45.25 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE S51°08’00”E, 11.45 FEET TO THE END OF THE DESCRIBED CENTERLINE.  SAID STRIP CONTAINS 0.35 ACRES, EXCLUSIVE OF THE AREA WITHIN THE PROPOSED PERMANENT SEWER EASEMENT.

    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 21st day of November, 2005.