Section 107-178; Ord. 18950; Declaring the need to acquire easements necessary to construct the C-3 Trunk Sewer Extension, an 80-acre point sanitary sewer serving the University of Missouri South Farm property


Ordinance No. 18950                            Council Bill No. B 94-06

     AN ORDINANCE

declaring the need to acquire easements necessary to construct the C-3 Trunk Sewer Extension, an 80-acre point sanitary sewer serving the University of Missouri South Farm 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 1.    The City Council hereby declares the need to acquire easements for the construction of the C-3 Trunk Sewer Extension, an 80-acre point sanitary sewer serving the University of Missouri South Farm property described as follows:

BRISTOL 6789 LLC
PERMANENT SEWER EASEMENT
C-3 SEWER EXTENSION
PARCEL: 17-704-00-00-008.00 01

A STRIP OF LAND SIXTEEN (16) FEET WIDE LOCATED IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED  RECORDED IN BOOK 2491, PAGE 1 AND BEING EIGHT (8) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTHERNMOST CORNER OF TRACT 1 OF THE SURVEY RECODED IN BOOK 2591, PAGE 91; THENCE WITH THE NORTHEAST LINE THEREOF, S41°26’ 40”E, 1099.80 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID NORTHEAST LINE, N25°09’ 55”E, 569.00 FEET; THENCE N48°50’ 20”W, 72.00 FEET; THENCE N35°31’ 15”E, 40.25 FEET, TO A POINT ON THE SOUTHWEST RIGHT-OF-WAY LINE OF U. S. HIGHWAY 63, THE END OF THE DESCRIBED CENTERLINE AND BEING 162.16 FEET ALONG A 5140.53-FOOT RADIUS CURVE TO THE RIGHT FROM P.T. STATION 245+71.47, SAID CURVE HAVING A CHORD, N49°02’ 10”W, 162.15 FEET.  THE ABOVE-DESCRIBED STRIP CONTAINS 0.25 ACRES.


BRISTOL 6789 LLC
TEMPORARY CONSTRUCTION EASEMENT
C-3 SEWER EXTENSION
PARCEL: 17-704-00-00-008.00 01

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2491, PAGE 1 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHERNMOST CORNER OF TRACT 1 OF THE SURVEY RECORDED IN BOOK 2591, PAGE 91; THENCE WITH THE NORTHEAST LINE THEREOF, S41°26’ 40”E 1058.95 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID NORTHEAST LINE, N25°09’ 55”E, 524.50 FEET; THENCE N48°50’ 20”W, 77.75 FEET;   THENCE N35°36’ 10”E, 78.50 FEET, TO THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY LINE, 141.23 FEET ALONG A 5140.53-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT,  SAID CURVE HAVING A CHORD, S48°30’ 25”E, 141.23 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S25°09’ 55”W, 615.90 FEET TO THE NORTHEAST LINE OF SAID TRACT 1 OF THE SURVEY RECORDED IN BOOK 2591, PAGE 91; THENCE WITH SAID NORTHEAST LINE, N41°26’ 40”W, 81.72 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.93 ACRES, EXCLUDING THE AREA WITHIN THE PROPOSED PERMANENT SEWER EASEMENT.


B & B SUNSET FAMILY LIMITED PARTNERSHIP
PERMANENT SEWER EASEMENT
C-3 SEWER EXTENSION
PARCEL: 17-704-32-00-001.00 01

A TRIANGULAR TRACT  OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 48, NORTH,  RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING ACROSS  PART OF THE TRACT  DESCRIBED BY THE WARRANTY DEED RECORDED IN  BOOK 2147,  PAGE 810 AND ACROSS  PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN  BOOK 297, PAGE 606  AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 297,  PAGE 606  ON  THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY LINE, N49°56’ 55”W, 79.64 FEET TO THE WEST LINE OF THE “EASEMENT  FOR GRAVITY LINE” DESCRIBED BY THE EASEMENT RECORDED IN BOOK 1109,  PAGE 990, THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, CONTINUING N49°56’ 55”W, 6.00 FEET; THENCE  LEAVING SAID NORTH  RIGHT-OF-WAY LINE, N54°49’ 40’ E, 86.80  FEET TO THE WEST LINE OF SAID ”EASEMENT FOR GRAVITY LINE”; THENCE WITH SAID WEST LINE, S50°56’ 05”W, 85.47 FEET TO THE POINT OF BEGINNING AND CONTAINING 252 SQUARE FEET.


B & B SUNSET FAMILY LIMITED PARTNERSHIP
TEMPORARY ACCESS EASEMENT
C-3 SEWER EXTENSION
PARCEL: 17-704-32-00-001.00 01

A STRIP OF LAND THIRTY (30) FEET WIDE LOCATED IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 48, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2147, PAGE 810 AND PART OF THE SURVEY RECORDED IN BOOK 297, PAGE 606 AND BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;

COMMENCING AT THE SOUTHWEST CORNER OF THE SURVEY RECORDED IN BOOK 297, PAGE 606  ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY LINE, N49°56’ 55”W, 105.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, N40°03’ 05”E, 63.00 FEET; THENCE S49°56’ 55”E 15.00 FEET; TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, N18°24’ 00”E, 47.00 FEET; THENCE N46°32’ 00”W, 117.00 FEET; THENCE S83°30’ 00”W, 107.00 FEET; THENCE S39°30’ 00”W, 29.70 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 63, THE  END OF THE DESCRIBED CENTERLINE.  SAID STRIP CONTAINS 9030 SQUARE FEET.


B & B SUNSET FAMILY LIMITED PARTNERSHIP
TEMPORARY CONSTRUCTION EASEMENT
C-3 SEWER EXTENSION
PARCEL: 17-704-32-00-001.00 01

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2147, PAGE 810 AND PART OF THE SURVEY RECORDED IN BOOK 297, PAGE 606 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF THE SURVEY RECORDED IN BOOK 297, PAGE 606 ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY LINE, N49°56’ 55”W, 25.00 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, CONTINUING N49°56’ 55”W, 80.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, N40°03’ 05”E, 63.00 FEET; THENCE S49°56’ 55”E, 80.00 FEET; THENCE S40°03’ 05”W, 63.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 5040 SQUARE FEET, INCLUDING THE AREA WITHIN THE EXISTING EASEMENT RECORDED IN BOOK 1109, PAGE 990.

    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 nonresident 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 20th day of March, 2006.