Section 106-745; Ord. 18810; Declaring the need to acquire easements necessary to construct a 12-inch water main serving Bristol Lake Subdivision


Ordinance No.            18810                      Council Bill No.            B 459-05           


AN ORDINANCE

declaring the need to acquire easements necessary to construct a 12-inch water main serving Bristol Lake Subdivision; 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 12-inch water main serving Bristol Lake Subdivision described as follows:


MARGARET EASLEY, TRUSTEE OF MARGARET EASLEY TRUST NO. 1 TRUST, DATED MARCH 7, 1990
UTILITY EASEMENT

A STRIP OF LAND TWENTY-FIVE (25) FEET WIDE LOCATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI AND BEING A PART OF THE LAND DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 763, PAGE 608 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH 25 FEET OF THE EASTERLY 1340 FEET OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 763, PAGE 608, CONTAINING 33,500 SQUARE FEET.


G.A.P. PROPERTIES, L.L.C.
WATER AND ELECTRIC UTILITY EASEMENT

A STRIP OF LAND LOCATED IN THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI AND BEING PART OF THE WARRANTY DEED RECORDED IN BOOK 2118, PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A STRIP BEING 25 FEET WIDE AND LYING 12.50 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT A POINT BEING THE INTERSECTION OF THE EAST LINE OF WOODHAVEN LEARNING CENTER, RECORDED IN BOOK 1274, PAGE 69 AND THE NORTH LINE OF THE SURVEY RECORDED IN BOOK 913, PAGE 317, SAID POINT SHOWN AS BEING 375.88 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 913, PAGE 317; THENCE WITH THE EASTERLY LINE OF SAID SURVEY RECORDED IN BOOK 1274, PAGE 697, 102.34 FEET ALONG A 267.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD S21°35’35”W, 101.71 FEET; THENCE LEAVING SAID EASTERLY LINE, S59°08’15”W, 158.90 FEET; THENCE S26°05’42”E, 82.87 FEET; THENCE S17°30’30”E, 88.60 FEET; THENCE S12°23’45”E, 82.82 FEET; THENCE S3°19’35”E, 75.08 FEET; THENCE S7°56’55”W, 151.53 FEET; THENCE S15°29’25”W, 172.51 FEET; THENCE S36°26’40”W, 164.35 FEET; THENCE S53°53’25”E, 85.48 FEET TO THE NORTH LINE OF THE TRACT DESCRIBED IN THE WARRANTY DEED, RECORDED IN BOOK 763, PAGE 608, THE END OF THE DESCRIBED LINE; ENDING OFFSET LINES ARE TO EXTEND TO THE PROPERTY LINES THEREOF.


THE NATIONAL BENEVOLENT ASSOCIATION OF THE CHRISTIAN CHURCH (DISCIPLES OF CHRIST)
WATER AND ELECTRIC UTILITY EASEMENT

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI AND BEING PART OF THE LAND DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 290, PAGE 53 AND BEING PART OF THE SURVEY RECORDED IN BOOK 1274, PAGE 697 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT BEING THE INTERSECTION OF THE EAST LINE OF WOODHAVEN LEARNING CENTER, RECORDED IN BOOK 1274, PAGE 69 AND THE NORTH LINE OF THE SURVEY RECORDED IN BOOK 913, PAGE 317, SAID POINT SHOWN AS BEING 375.88 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 913, PAGE 317; THENCE WITH THE EASTERLY LINE OF SAID SURVEY RECORDED IN BOOK 1274, PAGE 697, 102.34 FEET ALONG A 267.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD S21°35’35”W, 101.71 FEET; THENCE LEAVING SAID EASTERLY LINE N8°54’40”E, 36.70 FEET; THENCE 63.83 FEET ALONG A 254.50-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD N17°47’55”E, 63.67 FEET; THENCE 22.15 FEET ALONG A 246.50-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD N8°02’20”E, 22.14 FEET; THENCE S84°32’05”E, 12.50 FEET TO THE EASTERLY LINE OF SAID SURVEY RECORDED IN BOOK 1274, PAGE 697; THENCE WITH SAID EASTERLY LINE, 23.27 FEET ALONG A 259.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD S8°02’20”W, 23.26 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,336 SQUARE FEET.

    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.