Section 106-735; Ord. 18800; Declaring the need to acquire easements to construct F-1 Relief Sewer - Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project - Phase 2


Ordinance No.            18800                      Council Bill No.            B 449-05           


AN ORDINANCE

declaring the need to acquire easements to construct F-1 Relief Sewer - Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project - Phase 2; 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 F-1 Relief Sewer - Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project - Phase 2 described as follows:


Zeta Tau Alpha Fraternity Housing Corporation
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:     16-612-00-01-014.00 01
A Temporary Construction Easement across part of Lot 48 & 49, of LaGrange Place Addition, A plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at the southwest corner of lot 48 of LaGrange Place Addition; thence N8°23’55”E, 18.50’ along the west line of said lot 48; thence S81°55’27”E, 5.00’; thence S8°23’55”W, 26.50’; thence N81°55’27”W, 5.00’ to the west line of lot 49; thence N8°23’55”E, 8.00’ along the west line of said lot 49 back to the Point of Beginning.

The above described parcel contains 132.5 square feet more or less, and is a portion of the same land described by deed recorded in Book 498, Page 671, of the Boone County Records.

ALSO:

A Temporary Construction Easement across part of Lot 52, LaGrange Place Addition, A plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at a point on the west line of lot 52, 15’ north of the southwest corner of lot 52 of LaGrange Place Addition; thence N8°23’55”E, 17.00’ along the west line of said lot 52; thence S81°55’27”E, 5.00’, thence S8°23’55”W, 17.00’ parallel to west line of said lot 52; thence N81°55’27”W, 5.00’ to the west line of said lot 52 back to the Point of Beginning.

The above described parcel contains 85 square feet more or less, and  is a portion of the same land described by deed recorded in Book 498, Page 671, of the Boone County Records.


Alpha MU Association of Kappa Alpha Theta
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:     16-612-00-01-012.00 01

A Temporary Construction Easement across part of Lot 52, LaGrange Place Addition, A plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at a point on the west line of lot 52, 15’ north of the southwest corner of lot 52 of the LaGrange Place Addition; thence S81°55’27”E, 5.00’; thence S8°23’55”W, 9.50’ parallel to the west line of said lot 52; thence N81°55’27”W, 5.00’ to the west line of said lot 52; thence N8°23’55”E, 9.50’ along the west line of said lot 52 back to the Point of Beginning.

The above described parcel contains 48 square feet more or less, and is a portion of the same land described by deed recorded in Book 313, Page 290, of the Boone County Records.


Alpha Tau Omega
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-01-046.00 01

A Temporary Construction Easement across part of Lot 35, LaGrange Place Addition, A plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of lot 35 of the LaGrange Place Addition; thence N08°23’55”E, 331.05’ along the west line of Richmond Avenue to the north line of Richmond Avenue Subdivision and the Point of Beginning; Thence N81°37’32”W, 10.00’; thence N8°23’55”E, 173.00’ parallel to the west line of Richmond Avenue; thence S81°37’32”E, 10.00’ to the west line of Richmond Avenue; thence S8°23’55”W, 173.00’ along the west line of Richmond Avenue back to the Point of Beginning.

The above described parcel contains 1730 square feet more or less.


Richmond Avenue LLC
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-04-001.00 01

A Temporary Construction Easement across part of Lot 1, of Richmond Avenue Subdivision, a plat recorded in Plat Book 34, Page 27, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of Lot 35 of the LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17; thence N8°23’55”E, 331.05’ along the west line of Richmond Avenue; Thence N82°04’30”W, 2.50’ to the northeast corner of Richmond Avenue Subdivision and the Point of Beginning; Thence S8°23’55”W, 189.48’; thence N82°04’30”W, 140.00’; thence N8°27’33”E, 91.40’; thence S81°16’09”E, 15.49’; thence S8°44’20”W, 62.62’; thence S81°24’38”E, 10.73’; thence S8°35’22”W, 1.76’; thence S81°24’38”E, 106.55’; thence N8°23’55”E, 164.10’; thence S81°37’32”E, 7.50’ back to the Point of Beginning.

The above described parcel contains 5900 square feet more or less, and is inclusive of the 300 square feet of permanent drainage easement, and is a portion of the same land described by deed recorded in Book 1601, Page 3, of the Boone County Records.


Richmond Avenue LLC
PERMANENT DRAINAGE EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-04-001.00 01

A Permanent Drainage Easement across part of Lot 1, Richmond Avenue Subdivision, a plat recorded in Plat Book 34, Page 27, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of Lot 35 of the LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17; Thence N8°23’55”E, 141.59’ along the west line of Richmond Avenue; thence N82°04’30”W, 122.49’ to the Point of Beginning; Thence N82°04’30”W, 20.00’; thence N8°27’33”E, 15.00’; thence S82°04’30”E, 20.00’; thence S8°27’33”W, 15.00’ to the Point of Beginning.

The above described parcel contains 300 square feet more or less, and is a portion of the same land described by deed recorded in Book 1601, Page 3, of the Boone County Records.


Missouri Farm House Association Inc.
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:     16-612-00-01-044.00 01

A Temporary Construction Easement across part of Lot 35, LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at the southeast corner of lot 35 of the LaGrange Place Addition, thence N8°23’55”E, 141.59’ along the west line of Richmond Avenue; thence N82°04’30”W, 154.99’, along the south line of Richmond Avenue Subdivision; thence S8°19’01”W, 141.19; thence S81°55’27”E, 154.79’ to the Point of Beginning EXCEPT the portion described as follows: Commencing at the southeast corner of the above lot, thence N8°23’55”E, 17.12; thence N81°59’16”W, 32.58’ to the Point of Beginning; thence N7°27’33”E, 112.99’; thence N81°59’21”W, 44.08’; thence N36°30’44”W, 7.29’; thence N81°59’21”W, 6.89’; thence S52°32’02”W, 7.29; thence N81°59’21”W, 28.88’; thence S8°00’39”W, 2.12’; thence N81°58’40”W, 15.20’; thence S8°31’21”W, 47.01’; thence S81°59’21”E, 2.05’; thence S8°04’33”W, 63.87’; thence S81°59’21”E, 104.78’ back to the Point of Beginning.

The above described parcel contains 10,008 square feet more or less, and is inclusive of the 2042 square feet of permanent drainage easements, and is a portion of the same land described by deed recorded in Book 740, Page 384, of the Boone County Records.


Missouri Farm House Association Inc.
PERMANENT DRAINAGE EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-01-044.00 01

A Permanent Drainage Easement across part of Lot 35, LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at the southeast corner of lot 35 of the LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, thence N8°23’55”E, 36.82’ along the west line of Richmond Avenue; thence leaving said west line, S45°15’42”W, 46.22’; thence S81°55’27”E, 27.73’ along the north line of Kentucky Avenue back to the Point of Beginning.

The above described parcel contains 510 square feet more or less, and is a portion of the same land described by deed recorded in Book 740, Page 384, of the Boone County Records.

ALSO;

A Permanent Drainage Easement across part of Lot 35, LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:
Commencing at the southeast corner of lot 35 of the LaGrange Place Addition; thence N81°55’27”W, 144.79’ along the north line of Kentucky Boulevard to the Point of Beginning; thence continue N81°55’27”W, 10.00’; thence leaving said north line N8°19’01”E 141.19’; thence S82°04’30”E, 24.50’; thence S49°15'51”W, 22.13’; thence S8°18’52”W, 124.59’ back to the Point of Beginning.

The above described parcel contains 1532 square feet more or less, and is a portion of the same land described by deed recorded in Book 740, Page 384, of the Boone County Records.


BMG Development LLC
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL: 16-612-00-01-042.00 01

A Temporary Construction Easement across part of Lot 35, LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of lot 35 of the LaGrange Place Addition, thence N8°23’55”E, 141.59’, along the west line of Richmond Avenue; thence N82°04’30”W, 142.50’, along the south line of Richmond Avenue Subdivision, a plat recorded in Plat book 34, Page 27; thence N8°27’33”E, 28.00’along the west line of said Subdivision to the Point of Beginning; Thence leaving said west line, N81°51’21”W, 30.00’; thence N33°43’33”E, 70.29’; thence S8°27’33”W, 63.40’ along the west line of Richmond Avenue Subdivision to the Point of Beginning.

The above described parcel contains 951 square feet more or less, and is inclusive of the 530 square feet of permanent drainage and sanitary sewer easement, and is a portion of the same land described by deed recorded in Book 1890, Page 459, of the Boone County Records.


BMG Development LLC
PERMANENT DRAINAGE AND SANITARY SEWER EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-01-042.00 01

A Permanent Drainage and Sanitary Sewer Easement across part of Lot 35, LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of lot 35 of the LaGrange Place Addition, thence; N8°23’55”E, 141.59’, along the west line of Richmond Avenue; thence N82°04’30”W, 142.50’, along the south line of Richmond Avenue Subdivision, a plat recorded in Plat book 34, Page 27; thence N8°27’33”E, 28.00’, along the west line of said subdivision to the Point of Beginning; Thence leaving said west line, N81°51’21”W, 22.57’; thence N34°03’06”E, 52.25’; thence S8°27’33”W, 47.00’, along the west line of Richmond Avenue Subdivision, to the Point of Beginning.

The above described parcel contains 530 square feet more or less, and is a portion of the same land described by deed recorded in Book 1890, Page 459, of the Boone County Records.


BMG Development LLC
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-05-001.00 01

A Temporary Construction Easement across part of Lot 1, BMG Development Subdivision, a plat recorded in Plat Book 35, Page 29, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of lot 35 of the LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17; thence N81°55’27”W, 154.79’along the north line of Kentucky Boulevard; thence N8°19’01”E, 2.50’ to the Point of Beginning; Thence N81°55’27”W, 22.67’; thence leaving said north line, N8°05’56”E, 66.43’; thence S81°54’03”E, 9.10’; thence N8°12’13”E, 53.14’; thence N81°41’00”W, 111.01’; thence N8°18’59”E, 46.85’; thence S81°51’21”E, 137.51’; thence S8°27’33”W, 28.00’; thence N82°04’30”W, 12.50’; thence S8°19’01”W, 138.69’ back to the Point of Beginning.

The above described parcel contains 8479 square feet more or less, and is inclusive of the 2019 square feet of permanent drainage and sanitary sewer easements, and is a portion of the same land described by deed recorded in Book 2073, Page 676, of the Boone County Records.

ALSO:

A Temporary Construction Easement across part of Lot 1, BMG Development Subdivision, a plat recorded in Plat Book 35, Page 29, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of lot 35 of the LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17; thence N81°55’27”W, 279.73’ along the north line of Kentucky Boulevard to the east line of Curtis Avenue; thence N8°19’01”E, 30.59’ along the east line of Curtis Avenue to the Point of Beginning; Thence continue, N8°19’01”E, 26.00’ along the east line of Curtis Avenue; thence S81°35’51”E 5.00’; thence S8°19’01”W 26.00’ parallel to the east line of Curtis Avenue; thence N81°35’51”W 5.00’ to the east line of Curtis Avenue back to the Point of Beginning.
The above described parcel contains 130 square feet more or less, and is a portion of the same land described by deed recorded in Book 2073, Page 676, of the Boone County Records.


BMG Development LLC
PERMANENT DRAINAGE  AND SANITARY SEWER EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL: 16-612-00-05-001.00 01

A Permanent Drainage and Sanitary Sewer Easement across part of Lot 1, BMG Development Subdivision, a plat recorded in Plat Book 35, Page 29, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Commencing at the southeast corner of lot 35 of the LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17; thence N81°55’27”W, 154.79’, along the north line of Kentucky Boulevard; thence N8°19’01”E, 2.50’ to the Point of Beginning; Thence N81°55’27”W, 10.00’; thence leaving said north line, N8°19’01”E, 166.75’; thence S81°51’21”E, 22.57’; thence S8°27’33”W, 28.00’; thence N82°04’30”W, 12.50’; thence S8°19’01”W, 138.69 back to the Point of Beginning.

The above described parcel contains 2019 square feet more or less, and is a portion of the same land described by deed recorded in Book 2073, Page 676, of the Boone County Records.


Missouri Alpha of Sigma Phi Epsilon, Inc.
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-01-034.00 01

A Temporary Construction Easement across part of Lot 34, LaGrange Place Addition, a plat recorded in Plat Book 2, Page 17, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at the southeast corner of lot 34 of the LaGrange Place Addition, thence northwest along the north line of Kentucky Boulevard, N81°55’27”W, 5.00’, thence northerly, parallel to the west line of Curtis Avenue N8°19’00”E, 62.00’; thence easterly, parallel to the north line of Kentucky Boulevard, S81°55’27”E, 5.00’, thence southerly along the west line of Curtis Avenue, S8°19’00”W, 62.00’ back to the Point of Beginning.

The above described parcel contains 310 square feet more or less, and is a portion of the same land described by deed recorded in Book 2619, Page 23, of the Boone County Records.


Randy Sullinger
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-02-010.00 01

A Temporary Construction Easement across part of Lot 12, Block 2, of the Grasslands Addition, a plat recorded in Plat Book 2, Page 25, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at the southeast corner of lot 12, block 2 of the Grasslands Addition, thence Westerly along the south line of said lot 12, N79°51’35”W, 15.00’; Thence Northerly parallel to the west line of Providence Road (Missouri Highway 163), N10°08’25”E, 31.00’; Thence Easterly parallel to said south line of lot 12 block 2, S79°51’35”E, 15.00’, to the west line of Providence Road; Thence Southerly along the west line of Providence Road, S10°08’25”W, 31.00’ to the Point of Beginning.

The above described parcel contains 465 square feet more or less, and is inclusive of the 260 square feet of permanent sanitary sewer easement, and is a portion of the same land described by deed recorded in Book 1915, Page 163, of the Boone County Records.


Randy Sullinger
PERMANENT SANITARY SEWER EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-02-010.00 01

A Permanent Sanitary Sewer Easement across part of Lot 12, Block 2, Grasslands Addition, a plat recorded in Plat Book 2, Page 25, City of Columbia, Boone County, Missouri and being more particularly described as follows:

Beginning at the southeast corner of lot 12, block 2 of the Grasslands Addition, thence Westerly along the south line of said lot 12, N79°51’35”W, 10.00’; Thence Northerly parallel to the west line of Providence Road (Missouri Highway 163), N10°08’25”E, 26.00’; Thence Easterly parallel to said south line of lot 12 block 2, S79°51’35”E, 10.00’, to the west line of Providence Road; Thence Southerly along the west line of Providence Road, S10°08’25”W, 26.00’ to the Point of Beginning.

The above described parcel contains 260 square feet more or less, and is a portion of the same land described by deed recorded in Book 1915, Page 163, of the Boone County Records.


Lillian S. Blakemore
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-02-011.00 01

A Temporary Construction Easement across part of Lot 11, Block 2, Grasslands Addition, a plat recorded in Plat Book 2, Page 25, City of Columbia, Boone County, Missouri and being more particularly described as follows:

The East 15’ of Lot 11, Block 2 of the Grasslands Addition.

The above described parcel contains 2000 square feet more or less, and is inclusive of the 1358 square feet of permanent sanitary sewer easement, and is a portion of the same land described by deed recorded in Book 813, Page 231, of the Boone County Records.


Lillian S. Blakemore
PERMANENT SANITARY SEWER EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-02-011.00 01

A Permanent Sanitary Sewer Easement across part of Lot 11, Block 2, Grasslands Addition, a plat recorded in Plat Book 2, Page 25, City of Columbia, Boone County, Missouri and being more particularly described as follows:

The East 10’ of Lot 11, Block 2 of the Grasslands Addition.

The above described parcel contains 1358 square feet more or less, and is a portion of the same land described by deed recorded in Book 813, Page 231, of the Boone County Records.


Cynthia Delaney
TEMPORARY CONSTRUCTION EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-02-012.00 01

A Temporary Construction Easement across part of Lot 10, Block 2, Grasslands Addition, a plat recorded in Plat Book 2, Page 25, City of Columbia, Boone County, Missouri and being more particularly described as follows:

The Easterly most 12’ of Lot 10, Block 2 of the Grasslands Addition.

The above described parcel contains 222 square feet more or less, and is inclusive of the 83 square feet of permanent sanitary sewer easement, and is a portion of the same land described by deed recorded in Book 1227, Page 125, of the Boone County Records.


Cynthia Delaney
PERMANENT SANITARY SEWER EASEMENT
PROJECT:    F-1 Relief Sewer-Phase 2 (UMC South Campus Relief Sewer) and Maryland Avenue Drainage Project-Phase 2
PARCEL:    16-612-00-02-012.00 01

A Permanent Sanitary Easement across part of Lot 10, Block 2, Grasslands Addition, a plat recorded in Plat Book 2, Page 25, City of Columbia, Boone County, Missouri and being more particularly described as follows:

The Easterly most 7’ of Lot 10, Block 2 of the Grasslands Addition.

The above described parcel contains 83 square feet more or less, and is a portion of the same land described by deed recorded in Book 1227, Page 125, of the Boone County Records.

    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 5th day of December, 2005.