Section 106-772; Ord. 18824; Declaring the need to acquire easements necessary to construct the EP-1 Trunk Sewer, an 80-acre point sanitary sewer serving the Opal Smith property


Ordinance No.            18824                      Council Bill No.            B 469-05           


AN ORDINANCE

declaring the need to acquire easements necessary to construct the EP-1 Trunk Sewer, an 80-acre point sanitary sewer serving the Opal Smith property; 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 EP-1 Trunk Sewer, an 80-acre point sanitary sewer serving the Opal Smith property described as follows:

Keith & Jennifer Overton
PERMANENT SEWER EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcels: 16-415-20-00-001.00 01, & 16-402-17-00-009.00 01

TWO 16.00-FOOT WIDE STRIPS OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20 AND THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI, MISSOURI; BEING PART OF THE SURVEY RECORDED IN BOOK 739, PAGE 18 OF THE RECORDS OF BOONE COUNTY, SAID 16.00-FOOT STRIP LAYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

STRIP A
COMMENCING FROM THE SOUTHWEST CORNER OF TRACT A OF THE SURVEY RECORDED IN BOOK 2556, PAGE 16 OF THE RECORDS OF BOONE COUNTY, THENCE S84E26’35”E, 270.46 FEET TO THE POINT OF BEGINNING; THENCE S29E06’20”W, 206.16 FEET; THENCE S67E10’10”E, 177.60 FEET; THENCE S45E41’50”W, 5.14 FEET TO THE END OF SAID DESCRIBED CENTERLINE.

STRIP B
COMMENCING FROM THE SOUTHWEST CORNER OF TRACT A OF THE SURVEY RECORDED IN BOOK 2556, PAGE 16 OF THE RECORDS OF BOONE COUNTY, THENCE S84E26’35”E, 270.46 FEET; THENCE S29E06’20”W, 206.16 FEET; THENCE S67E10’10”E, 177.60 FEET; THENCE S45E41’50”W, 73.84 FEET TO THE POINT OF BEGINNING; THENCE S45E41’50”W, 45.30 FEET; THENCE S41E39’05”W, 205.97 FEET; THENCE S40E53’50”W, 379.54 FEET; THENCE S22E27’05”E, 88.17 FEET; THENCE S22E31’25”W, 230.00 FEET; THENCE N71E05’10”W, 165.00 FEET; THENCE N89E09’00”W, 138.26 FEET; THENCE S20E46’10”W, 559.32 FEET; THENCE S01E56’00”W, 47.41 FEET TO THE END OF SAID DESCRIBED CENTERLINE.


Keith & Jennifer Overton
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcels: 16-415-20-00-001.00 01, & 16-402-17-00-009.00 01

TWO TRACTS OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20 AND THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOURI; BEING PART OF THE SURVEY RECORDED IN BOOK 739, PAGE 18 OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT 1
COMMENCING FROM THE SOUTHWEST CORNER OF TRACT A OF THE SURVEY RECORDED IN BOOK 2556, PAGE 16 OF THE RECORDS OF BOONE COUNTY, THENCE S84E26’35”E, 215.92 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID SURVEY, S84E26’35”E, 81.81 FEET; THENCE LEAVING THE SOUTH LINE OF SAID SURVEY, S29E06’20”W, 225.68 FEET; THENCE S67E10’10”W, 181.49 FEET; THENCE S45E41’50”W, 24.53 FEET TO POINT A; THENCE N00E19’05”W, 90.91 FEET; THENCE N67E10’10”E, 143.64 FEET; THENCE N29E06’20”E, 167.12 FEET TO THE POINT OF BEGINNING AND CONTAINING 27,724 SQUARE FEET.

TRACT 2
COMMENCING FROM SAID POINT A, THENCE S45E41’50”W, 23.48 FEET TO THE POINT OF BEGINNING; THENCE S45E41’50”W, 65.50 FEET; THENCE S41E39’05”W, 213.81 FEET; THENCE S40E53’50”W, 363.95 FEET; THENCE S22E27’05”E, 100.77 FEET; THENCE S22E31’25”W, 275.57 FEET; THENCE N71E05’10”W, 191.47 FEET; THENCE N89E09’00”W, 95.25 FEET; THENCE S20E46’10”W, 515.96 FEET; THENCE S01E56’00”W, 42.61 FEET TO A POINT ALONG THE NORTH LINE OF THE SURVEY RECORDED IN BOOK 1939, PAGE 711 OF THE RECORDS OF BOONE COUNTY; THENCE ALONG SAID LINE, N84E04’15”W, 75.18 FEET; THENCE LEAVING SAID LINE, N01E56’00”E, 49.81 FEET; THENCE N20E46’10”E, 581.00 FEET; THENCE S89E09’00”E, 159.77 FEET; THENCE S71E05’10”E, 132.98 FEET; THENCE N22E31’25”E, 174.11 FEET; THENCE N22E27’05”W, 116.00 FEET; THENCE N40E56’50”E, 410.72 FEET; THENCE N41E39’05”E, 208.07 FEET; THENCE N45E41’50”E, 4.91 FEET; THENCE S84E26’25”E, 98.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.13 ACRES.


Samuel Boyce and Tammy Matheney
PERMANENT SEWER EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-415-00-01-004.00 01

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 13 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI; BEING PART OF LOT 134 OF WESTCLIFF PLAT 1 AS RECORDED IN PLAT BOOK 38, PAGE 88; BEING OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING FROM THE NORTHWEST CORNER OF SAID LOT 134, THENCE S89E06’25”E, 12.17 FEET; THENCE S00E47’35”E, 31.20 FEET; THENCE S68E43’25”W, 5.44 FEET; THENCE N80E01’40”W, 4.86 FEET; THENCE 04E49’50”W, 32.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 358 SQUARE FEET.


Samuel Boyce and Tammy Matheney
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-415-00-01-004.00 01

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 13 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI; BEING PART OF LOT 134 OF WESTCLIFF PLAT 1 AS RECORDED IN PLAT BOOK 38, PAGE 88; BEING OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING FROM THE NORTHWEST CORNER OF SAID LOT 134, THENCE S89E06’25”E, 41.68 FEET; THENCE S00E47’35”E, 31.68 FEET; THENCE S89E12’25”W, 39.34 FEET; THENCE N04E49’50”W, 32.98 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,307 SQUARE FEET.


Opal E. Smith and Angelia H. Hilbert, Co-Trustees of the Ernest W. Smith Trust
PERMANENT SEWER EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-415-20-00-001.00 01

A 16.00-FOOT WIDE STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOUR; BEING PART OF THE SURVEY RECORDED IN BOOK 2422, PAGE 17 OF THE RECORDS OF BOONE COUNTY, SAID 16.00-FOOT STRIP LAYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING FROM THE SOUTHEAST CORNER OF SAID SURVEY, THENCE N84E26’25”W, 49.69 FEET TO THE POINT OF BEGINNING; THENCE N45E41’50”E, 68.69 FEET TO THE END OF SAID DESCRIBED CENTERLINE.


Opal E. Smith and Angelia H. Hilbert, Co-Trustees of the Ernest W. Smith Trust
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-415-20-00-001.00 01

A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, BOONE COUNTY, MISSOUR; BEING PART OF THE SURVEY RECORDED IN BOOK 2422, PAGE 17 OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING FROM THE SOUTHEAST CORNER OF SAID SURVEY, THENCE N84E26’25”W, 16.98 FEET TO THE POINT OF BEGINNING; THENCE N84E26’25”W, 98.10 FEET; THENCE N45E41’50”E, 125.48 FEET; THENCE N67E10’10”E, 26.20 FEET; THENCE S00E19’05”E, 90.91 FEET; THENCE S45E41’50”W, 23.48 FEET TO THE POINT OF BEGINNING AND CONTAINING 6,686 SQUARE FEET.


Virtual Reality, LLC
PERMANENT SEWER EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-415-00-01-012.00 01

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 13 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI; BEING PART OF TRACT 2 OF THE SURVEY AS RECORDED IN BOOK 1939, PAGE 711, BEING PART OF LOT 143 OF WESTCLIFF PLAT 1 AS RECORDED IN PLAT BOOK 38, PAGE 88, ALSO BEING PART OF LOT 208 OF WESTCLIFF PLAT 2 AS RECORDED IN PLAT BOOK 39, PAGE 33; ALL BEING OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING FROM THE NORTHWEST CORNER OF SAID TRACT 2, THENCE S84E04’15”E, 35.38 FEET TO THE POINT OF BEGINNING; THENCE S84E04’15”E, 16.04 FEET; THENCE S01E56’00”W, 351.71 FEET; THENCE S00E47’35”E, 357.09 FEET; THENCE N89E06’25”W, 12.17 FEET; THENCE S04E49’50”E, 32.63 FEET; THENCE N80E01’40”W, 6.24 FEET; THENCE N00E47’35”W, 388.49 FEET; THENCE N01E56’00”E, 353.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 11,510 SQUARE FEET.


Virtual Reality, LLC
TEMPORARY CONSTRUCTION EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-415-00-01-012.00 01

A STRIP OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 13 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI; BEING PART OF TRACT 2 OF THE SURVEY AS RECORDED IN BOOK 1939, PAGE 711, BEING PART OF LOT 143 OF WESTCLIFF PLAT 1 AS RECORDED IN PLAT BOOK 38, PAGE 88, ALSOBEING PART OF LOT 208 OF WESTCLIFF PLAT 2 AS RECORDED IN PLAT BOOK 39, PAGE 33; ALL BEING OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING FROM THE NORTHWEST CORNER OF SAID TRACT 2, THENCE S84E04’15”E, 18.34 FEET TO THE POINT OF BEGINNING; THENCE S84E04’15”E, 75.18 FEET; THENCE S01E56’00”W, 347.78 FEET; THENCE N89E25’50”W, 12.50 FEET; THENCE S00E47’35”E, 357.25 FEET; THENCE N89E06’25”W, 41.68 FEET; THENCE S04E49’50”E, 32.98 FEET; THENCE S89E12’25”W, 35.66 FEET; THENCE N00E47’35”W, 390.71 FEET; THENCE S89E25’50”E, 12.50 FEET; THENCE N01E56’00”E, 354.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.25 ACRES.


Virtual Reality, LLC
TEMPORARY ACCESS EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcels: 16-415-00-01-012.00 01 & 16-419-00-04-031.00 01

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 48 NORTH, RANGE 13 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI; BEING PART OF LOT 143 OF WESTCLIFF PLAT 1 AS RECORDED IN PLAT BOOK 38, PAGE 88 OF THE RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 143, THENCE ALONG A NON-TANGENT 681.44-FOOT RADIUS CURVE TO THE RIGHT, 21.36 FEET, SAID CURVE HAVING A CHORD, S84E25’35”W, 21.36 FEET TO THE POINT OF BEGINNING; THENCE ALONG A NON-TANGENT 681.44-FOOT RADIUS CURVE TO THE RIGHT, 55.30 FEET, SAID CURVE HAVING A CHORD S87E38’55”W, 55.28 FEET; THENCE N27E35’55”W, 51.73 FEET; THENCE N74E03’55”W, 155.92 FEET; THENCE N09E35’55”W, 477.91 FEET; THENCE N09E29’50”W, 401.59 FEET; THENCE N06E33’40”W, 402.44 FEET; THENCE N04E49’50”W, 413.70 FEET; THENCE N85E10’10”E, 23.31 FEET; THENCE N89E12’25”E, 26.76 FEET; THENCE S4E49’50”E, 411.06 FEET; THENCE S06E33’40”E, 400.41 FEET; THENCE S09E29’50”E, 400.27 FEET; THENCE S09E35’55”E, 446.33 FEET; THENCE S74E03’55”E, 145.85 FEET; THENCE S27E35’55”E, 96.77 FEET TO THE POINT OF BEGINNING.


Quail Creek West LLC
TEMPORARY ACCESS EASEMENT
Project: EP-1 Trunk Sewer – 80-acre point sewer to serve the Opal Smith Property
Parcel: 16-402-00-00-008.01 01

A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 48 NORTH, RANGE 13 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF TRACT A OF THE SURVEY RECORDED IN BOOK 2556, PAGE 16 OF THE RECORDS OF BOONE COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF LOT 116 OF QUAIL CREEK PLAT 2 AS RECORDED IN PLAT BOOK 34, PAGE 54, S00E07’40”E, 125.25 FEET TO THE POINT OF BEGINNING; THENCE S00E07’40”E, 60.45 FEET; THENCE S55E40’20”W, 1233.55 FEET; THENCE N84E26’35”W, 77.97 FEET; THENCE N55E40’20”E, 1327.36 FEET TO THE POINT OF BEGINNING.

    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 19th day of December, 2005.