Section 107-279; Ord. 19014; Declaring the need to acquire easements necessary to construct the Bear Creek Outfall Sewer Extension Project


Ordinance No. 19014                            Council Bill No. B 158-06

     AN ORDINANCE

declaring the need to acquire easements necessary to construct the Bear Creek Outfall Sewer Extension Project; 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 Bear Creek Outfall Sewer Extension Project described as follows:

County of Boone and City of Columbia
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-00-006.01 01

A 20’  strip of land being part of the East ½ of the Southwest ¼ (SW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 2091, Page 760 of the Boone County Records, said land being more particularly described as being 10’ either side of the following described the centerline:

Beginning at a point located on City of Columbia Manhole # 15G42 bearing South 34 Degrees 50 Minutes 00 Seconds West a distance of 43.51’  from the Southeast corner of Lot 73 of Gregory Heights Subdivision Addition 2, recorded in Plat Book 9, Page 7 of the Boone County Records; Thence along the centerline of a proposed sanitary sewer North 36 Degrees 33 Minutes 00 Seconds East a distance of 44.42’  to the South line of the Northwest 1/4 (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, and the Point of Ending of the sanitary sewer easement, said point bears South 89 Degrees 07 Minutes 20 Seconds East distance of 1.60’  from the Southeast corner of said Lot 73;

Said sanitary Sewer Easement contains 887 square feet of land and is subject to all easements and restrictions of record or not of record, if any.


County of Boone and City of Columbia
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-00-006.01 01

A 70 foot wide strip of land being part of the East ½ of the Southwest ¼ (SW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 2091, Page 760 of the Boone County Records, said land being more particularly described as being 50’  on the Westerly side and 20’  on the Easterly side of the following described the centerline:

Beginning at a point located on City of Columbia Manhole # 15G42 bearing South 34 Degrees 50 Minutes 00 Seconds West a distance of 43.51’  from the Southeast corner of Lot 73 of Gregory Heights Subdivision Addition 2, recorded in Plat Book 9, Page 7 of the Boone County Records; Thence along the centerline of a proposed sanitary sewer North 36 Degrees 33 Minutes 00 Seconds East a distance of 44.42’  to the South line of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, and the Point of Ending of the Temporary Construction easement, said point bears South 89 Degrees 07 Minutes 20 Seconds East distance of 1.60’  from the Southeast corner of said Lot 73;

Said Temporary Construction Easement contains 2365 square feet, of land inclusive of 887 square feet of permanent Sanitary Sewer easement, and is subject to all easements and restrictions of record or not of record, if any


Boone County Regional Sewer District
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-01-122.00 01

A part of Lot 73 of Gregory Heights Subdivision Addition 2, recorded in Plat Book 9, Page 7 of the Boone County Records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 419, Page 973 of the Boone County Records, said land being more particularly described follows:

Beginning at the Southeast corner of said Lot 73 of Gregory Heights Subdivision Addition 2; Thence westerly along the South line of said Lot 73, North 88 Degrees 48 Minutes 20 Seconds West a distance of 10.66’ ; Thence leaving South line of Lot 73, North 36 Degrees 33 Minutes 00 Seconds East a distance of 18.43’  to the East line of said Lot 73; Thence southerly along said East line of said Lot 73, South 01 Degrees 11 Minutes 40 Seconds West a distance of 15.03’  to the Point of beginning;

Said Sanitary Sewer Easement contains 80 square feet of land and is subject to all easements and restrictions of record or not of record, if any.


Boone County Regional Sewer District
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-01-122.00 01

A part of Lot 73 of Gregory Heights Subdivision Addition 2, recorded in Plat Book 9, Page 7 of the Boone County Records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 419, Page 973 of the Boone County Records, said land being more particularly described follows:

Commencing at a the Southeast corner of said Lot 73 of Gregory Heights Subdivision Addition 2; Thence westerly along the South line of said Lot 73, North 88 Degrees 48 Minutes 20 Seconds West a distance of 10.66’  to the POINT OF BEGINNING; Thence continuing westerly along said South line of said Lot 73, North 88 Degrees 48 Minutes 20 Seconds West a distance of 49.05’ ; Thence leaving said South line of Lot 73, North 36 Degrees 33 Minutes 00 Seconds East a distance of 103.18’  to the East line of said Lot 73; Thence southerly along said East line of said Lot 73, South 01 Degrees 11 Minutes 40 Seconds West a distance of 69.13’ ; Thence leaving East line of Lot 73, South 36 Degrees 33 Minutes 00 Seconds West a distance of 18.43’  along the North line of a permanent sanitary sewer easement to the Point of beginning;

Said Temporary Construction Easement contains 2432 square feet of land and is subject to all easements and restrictions of record or not of record, if any.


Ronald F. Fager
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-00-004.00 01

A 20’  wide strip of land being a part of Boone County Survey # 7978, and a part of a Tract A of a survey recorded in Book 388, Page 235 of the Boone County Records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 369, Page 258 of the Boone County Records, said land being more particularly described as being 10’  either side of the following described the centerline:

Commencing at a the Southeast corner of Lot 73 of Gregory Heights Subdivision Addition 2, recorded in Plat Book 9, Page 7 of the Boone County Records; Thence South 89 Degrees 07 Minutes 20 Seconds East a distance of 1.60’  along the South line of said Lot 73 to THE POINT OF BEGINNING; Thence North 36 Degrees 33 Minutes 00 Seconds East a distance of 155.40’ ;  Thence North 42 Degrees 42 Minutes 40 Seconds East a distance of 381.76’ ; Thence North 53 Degrees 00 Minutes 15 Seconds East a distance of 433.41’ ; Thence North 77 Degrees 45 Minutes 50 Seconds East a distance of 240.82’ ; Thence North 11 Degrees 54 Minutes 50 Seconds East a distance of 389.91’ ; Thence North 27 Degrees 11 Minutes 45 Seconds West a distance of 16.67’  to the east line of Lot 3 of Horse Fair Subdivision, recorded in Book 39, Page 39 of the Boone County records and the POINT OF ENDING of the sanitary sewer easement, said point bears North 23 Degrees 59 Minutes 50 Seconds East a distance of 29.93’  from the Southeast corner of said Lot 3;

Said Sanitary Sewer Easement contains 32,279 square feet of land and is subject to all easements and restrictions of record or not of record, if any.


Ronald F. Fager
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-00-004.00 01

A 20’  strip of land being a part of Boone County Survey # 7978, and a part of a Tract A of a survey recorded in Book 388, Page 235 of the Boone County Records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 369, Page 258 of the Boone County Records, said land being more particularly described as being 50’  on the Westerly side and 20’  on the Easterly side of the following described the centerline:

Commencing at a the Southeast corner of Lot 73 of Gregory Heights Subdivision Addition 2, recorded in Plat Book 9, Page 7 of the Boone County Records; Thence South 89 Degrees 07 Minutes 20 Seconds East a distance of 1.60’  along the South line of said Lot 73 to the POINT OF BEGINNING; Thence North 36 Degrees 33 Minutes 00 Seconds East a distance of 155.40’ ; Thence North 42 Degrees 42 Minutes 40 Seconds East a distance of 381.76’ ; Thence North 53 Degrees 00 Minutes 15 Seconds East a distance of 433.41’ ; Thence North 77 Degrees 45 Minutes 50 Seconds East a distance of 240.82’ ; Thence North 11 Degrees 54 Minutes 50 Seconds East a distance of 389.91’ ; Thence North 27 Degrees 11 Minutes 45 Seconds West a distance of 16.67’  to the east line of Lot 3 of Horse Fair Subdivision, recorded in Book 39, Page 39 of the Boone County records and the POINT OF ENDING of the Temporary Construction easement, said point bears North 23 Degrees 59 Minutes 50 Seconds East a distance of 29.93’ from the Southeast corner of said Lot 3;

Said Temporary Construction Easement contains 109,826 square feet of land inclusive of 32,279 square feet of permanent sanitary sewer easement, and is subject to all easements and restrictions of record or not of record, if any.


Ronald F. Fager
TEMPORARY ACCESS EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-00-004.00 01

A 30’  strip of land being a part of Boone County Survey # 7978, and a part of a Tract A of a survey recorded in Book 388, Page 235 of the Boone County Records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 369, Page 258 of the Boone County Records, said land being more particularly described as being 15’  on each side of the following described the centerline:

Commencing at the Southeast corner of Lot 3 of Horse Fair Subdivision, recorded in Book 39, Page 39 of the Boone County records; Thence along the South line of said Lot 3 North 83 Degrees 28 Minutes 10 Seconds West a distance of 367.50’ ; Thence North 63 Degrees 58 Minutes 10 Seconds West a distance of 158.35’  to the Southwest corner of said Lot 3; Thence North 63 Degrees 58 Minutes 10 Seconds West a distance of 73.30’ ; Thence North 84 Degrees 01 Minutes 20 Seconds West a distance of 25.04’  to the centerline of a private driveway and the POINT OF BEGINNING: Thence along the centerline of the proposed access easement South 12 Degrees 40 Minutes 35 Seconds West a distance of 956.06’  to the West Line of a 70’  Temporary Construction easement and the POINT OF ENDING of the access easement;

Said Temporary Access Easement contains 28,681 square feet of land and is subject to all easements and restrictions of record or not of record, if any.


Deborah Shannon Booker
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-04-003.00 01


A 20’  strip of land being part of Lot 3 of Horse Fair Subdivision, recorded in Book 39, Page 39 of the Boone County records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 399, Page 288 of the Boone County Records, said land being more particularly described as being 10’ either side of the following described the centerline:

Commencing at a the Southeast corner of said Lot 3 of Horse Fair Subdivision; Thence North 23 Degrees 59 Minutes 50 Seconds East a distance of 29.93’  to the POINT OF BEGINNING; Thence North 27 Degrees 11 Minutes 45 Seconds West a distance of 68.85; Thence North 23 Degrees 11 Minutes 05 Seconds East a distance of 382.32’ ; Thence North 73 Degrees 27 Minutes 30 Seconds East a distance of 50.92’  to the West line of D.J.D. Acres Subdivision recorded in Plat Book 35 Page 26 of the Boone County Records and the POINT OF ENDING of the sanitary sewer easement, said point bears North 00 Degrees 29 Minutes 45 Seconds West a distance of 198.95’  from the Southeast corner of said Lot 2 of D.J.D. Acres Subdivision;

Said Sanitary Sewer Easement contains 10,041 square feet of land and is subject to the right of way of Oakland Gravel Road and all easements and restrictions of record or not of record, if any.


Deborah Shannon Booker
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-415-20-04-003.00 01

A part of Lot 3 of Horse Fair Subdivision, recorded in Book 39, Page 39 of the Boone County records, also being a part of the Northwest ¼ (NW1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri and being part of the same land described by Warranty Deed recorded in Book 399, Page 288 of the Boone County Records, said land being more particularly described as follows:

Beginning at the Southeast corner of Horse Fair Lot 3; Thence N83°28'10"W, a distance of 23.32; Thence N11°54'50"E, a distance of 4.31; Thence N27°11'45"W, a distance of 64.16; Thence N23°11'05"E, a distance of 59.13; Thence S66°48'55"E, a distance of 10.00; Thence N23°11'05"E, a distance of 30.00; Thence N66°48'55"W, a distance of 30.00; Thence N23°11'05"E, a distance of 110.00; Thence S66°48'55"E, a distance of 30.00; Thence N23°11'05"E, a distance of 50.00; Thence N66°48'55"W, a distance of 15.00; Thence N23°11'05"E, a distance of 135.00; Thence S66°48'55"E, a distance of 5.00; Thence N23°11'05"E, a distance of 25.00; Thence N66°48'55"W, a distance of 5.00; Thence N23°11'05"E, a distance of 26.79; Thence N73°27'30"E, a distance of 9.01; Thence S16°32'30"E, a distance of 10.00; Thence N73°27'30"E, a distance of 25.00; Thence N16°32'30"W, a distance of 10.00; Thence N73°27'30"E, a distance of 17.13 feet to the east line of said lot 3; Thence southerly along said lot 3, S00°59'10"W, a distance of 41.95; Thence leaving said lot 3, S73°27'30"W, a distance of 26.24; Thence S23°11'05"W, a distance of 28.87; Thence S66°48'55"E, a distance of 37.24; Thence S22°13'35"W, a distance of 70.01; Thence N66°48'55"W, a distance of 28.41; Thence S23°11'05"W, a distance of 105.00; Thence S66°48'55"E, a distance of 30.17; Thence S22°13'35"W, a distance of 35.00; Thence N66°48'55"W, a distance of 25.75; Thence S23°11'05"W, a distance of 133.49; Thence S27°11'45"E, a distance of 4.10; Thence S62°48'15"W, a distance of 40.00; Thence S27°11'45"E, a distance of 64.94; Thence S23°59'50"W, a distance of 4.26 feet to the POINT OF BEGINNING.

The above tract of land contains 24,764 square feet and is inclusive of 10,041 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.


Peter and Jeanne Szkolka
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-01-002.00 01

A 20 foot strip of land being part of Lot 2 of D.J.D Acres Subdivision, recorded in Plat Book 35, Page 26, also being a part of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township 49 North, Range 12 West, and is a part of the same land described by Deed Recorded in Book 1795, Page 991 of the Boone County Records, being 10 feet on each side of the following described centerline:

Commencing at the Southwest corner of said Lot 2; Thence along the West line of said subdivision, N00°29'45"E, 198.95 feet to a the centerline of a proposed sanitary sewer; Thence easterly along said sewer, N73°27'30"E, a distance of 29.44 feet to the East right of way line of Oakland Gravel Road and the POINT OF BEGINNING; Thence continue easterly along the centerline of the proposed sanitary sewer, N73°27'30"E, 19.21 feet to the intersection with the South line of Lot 1 of said D.J.D. Acres Subdivision, and the POINT OF ENDING, A 1/2" Iron rod found at the Southwest corner of Lot 1 bears, N57°52'05"W, 19.85 feet

Said sanitary sewer easement contains 382 square feet.  Subject to easements and restrictions of record or not of record, if any.


Peter and Jeanne Szkolka
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-01-002.00 01

A 40 foot strip of land being a part of Lot 2 of D.J.D Acres Subdivision, recorded in Plat Book 35, Page 26, also being a part of the Northeast Quarter (NE 1/4) of Section twenty (20), Township 49 North, Range 12 west, and is a part of the same land described by Deed Recorded in Book 1795, Page 991 of the Boone County Records, being 20 feet on each side of the following described centerline:

Commencing at the Southwest corner of said Lot 2; Thence along the west line of said D.J.D Acres Subdivision, N00°29'45"E, 198.95 feet to a the centerline of a proposed sanitary sewer; Thence easterly along said proposed sanitary sewer, N73°27'30"E, a distance of 29.44 feet to the east right of way of Oakland Gravel Road and the POINT OF BEGINNING;  Thence continue easterly along the centerline of the proposed sanitary sewer, N73°27'30"E, 19.21 feet to the intersection with the south line of Lot 1 of said, and the POINT OF ENDING of the temporary construction easement. A 1/2" Iron rod found at the Southwest corner of Lot 1 bears, N57°52'05"W, 19.85 feet.

Said temporary construction easement contains 784 square feet and is inclusive of 382 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.


Donald L. and Joan Dicks
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-01-001.00 01

A 20’  strip of land being part of Lot 1 of D.J.D Acres Subdivision, recorded in Plat Book 35, Page 26, also being a part of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township 49 North, Range 12 West, and is a part of the same land described by Deed Recorded in Book 498, Page 622 of the Boone County Records, Boone County, Missouri, being 10 feet on each side of the following described centerline:

Commencing at the Southwest corner of Lot 1 of D.J.D. Acres, being on the East Right of Way of Oakland Gravel Road; Thence along the south line of Said Lot 1, S57°52'05"E, 19.85 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N73°27'30"E, a distance of 434.81 feet; Thence N62°22'05"E, a distance of 292.08 feet; Thence N82°06'45"E, 103.68 feet to the north line of Said Lot 1 and the POINT OF ENDING of the sanitary sewer easement; A 1/2" Iron rod found at the Northeast corner of said Lot 1 bears, N89°45'10"E, a distance of 46.10 feet.

Said sanitary sewer easement contains 16,546 square feet.  Subject to easements and restrictions of record or not of record, if any.


Donald L. and Joan Dicks
TEMPORARY CONSTRUCTION EASEMENT

Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-01-001.00 01

A 70’  strip of land being part of Lot 1 of D.J.D. Acres Subdivision, recorded in Plat Book 35, Page 26, also being a part of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township 49 North, Range 12 West, and being a part of the same land described by deed recorded in Book 498, Page 622 of the Boone County Records, Boone County, Missouri, being 50 feet on the westerly side and 20 feet on the easterly side of the following described centerline:

Commencing at the Southwest corner of Lot 1 of D.J.D. Acres, being on the East Right of Way of Oakland Gravel Road; Thence along the South line of said Lot 1, S57°52'05"E, 19.85 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N73°27'30"E, a distance of 434.81 feet; Thence N62°22'05"E, a distance of 292.08 feet; Thence N82°06'45"E, 103.68 feet to the north line of Said Lot 1 and the POINT OF ENDING of the temporary construction easement; A 1/2" Iron rod found at the Northeast corner of said lot 1 bears, N89°45'10"E, a distance of 46.10 feet.

Said temporary construction easement contains 53,185 square feet, and is inclusive of 16,546 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.


David L. and Anita Kay Rice
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-00-002.00 01

A 20’  strip of land being part of Tract 1 of Boone County Survey # 7971, also being a part of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township 49 North, Range 12 West, and is a part of the same land described by Deed Recorded in Book 503, Page 27 of the Boone County Records, Boone County, Missouri, being 10 feet on each side of the following described centerline:

Commencing at a 1/2" Iron rod found at the Northeast corner of Lot 1 of D.J.D Acres Subdivision, recorded in Plat Book 35, Page 26, of the Boone County records; Thence westerly along the North line of said Lot 1, S89°45'10"W, 46.10 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N82°06'45"E, a distance of 220.59 feet; Thence N44°14'20"E, a distance of 254.15 feet to the North line of said Tract 1 and the POINT OF ENDING of the Sanitary Sewer Easement. The Southeast corner of said Tract 2 bears, N89°34'00"E, a distance of 1,467.00 feet

Said sanitary sewer easement contains 9551 square feet.  Subject to easements and restrictions of record or not of record, if any.


David L. and Anita Kay Rice
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-404-20-00-002.00 01

A 70’  strip of land being part of Tract 1 of Boone County Survey # 7971, also being a part of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township 49 North, Range 12 West, and is a part of the same land described by Deed Recorded in Book 503, Page 27 of the Boone County Records, Boone County, being 50 feet on the westerly side and 20 feet on the easterly side of the following described centerline:

Commencing at a 1/2" Iron rod found at the Northeast corner of Lot 1 of D.J.D Acres Subdivision, recorded in Plat Book 35, Page 26, of the Boone County records; Thence westerly along the North line of said Lot 1, S89°45'10"W, 46.10 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N82°06'45"E, a distance of 220.59 feet; Thence N44°14'20"E, a distance of 254.15 feet to the North line of said Tract 1 and the POINT OF ENDING of the temporary construction easement. The Southeast corner of said Tract 2 bears, N89°34'00"E, a distance of 1,467.00 feet.

Said temporary construction easement contains 36,682 square feet and is inclusive of 9551 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.


Charles A. and Betty L. Edwards
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcels: 12-404-20-00-001.01 01, 12-404-20-00-001.02 01, 12-404-20-00-001.03 01

A 20 foot wide strip of land being part Tract 2 of Boone County Survey # 7971 also being a part of the Northeast Quarter (NE 1/4) of Section twenty (20), Township 49 North, Range 12 West, Boone County, Missouri, and is a part of the same land described by Deed Recorded in Book 889, Page 818 of the Boone County Records, being 10 feet on each side of the following described centerline:

Commencing at the Southeast corner of said Tract 2; Thence along the South line of Tract 2, S89°34'00"W, a distance of 1,467.00 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N44°14'20"E, a distance of 12.85 feet; Thence N42°13'55"E, a distance of 416.10 feet; Thence S76°24'10"E, a distance of 248.92 feet; Thence N24°22'20"E, a distance of 467.10 feet to the North line of said Tract 2 and the POINT OF ENDING of the sanitary sewer easement. An aluminum monument found at the Southeast corner of Section 17 bears, S87°48'05"E, a distance of 751.84 feet.

Said sanitary sewer easement contains 22,899 square feet.  Subject to easements and restrictions of record or not of record, if any.


Charles A. and Betty L. Edwards
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcels: 12-404-20-00-001.01 01, 12-404-20-00-001.02 01, 12-404-20-00-001.03 01

A 70 foot wide strip of land being a part of Tract 2 of Boone County Survey # 7971, also being a part of the Northeast Quarter (NE 1/4) of Section twenty (20), Township 49 North, Range 12 west, Boone County, Missouri, and is a part of the same land described by Deed Recorded in Book 889, Page 818 of the Boone County Records, being 20 feet on the westerly side and 50 feet on the easterly side of the following described centerline:

Commencing at the Southeast corner of said Tract 2; Thence along the South line of Tract 2, S89°34'00"W, a distance of 1,467.00 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N44°14'20"E, a distance of 12.85 feet; Thence N42°13'55"E, a distance of 416.10 feet; Thence S76°24'10"E, a distance of 248.92 feet; Thence N24°22'20"E, a distance of 467.10 feet to the North line of said Tract 2 and the POINT OF ENDING of the temporary construction easement. An aluminum monument found at the Southeast corner of Section 17 bears, S87°48'05"E, a distance of 751.84 feet.

Said temporary construction easement contains 80,088 square feet and is inclusive of 22,899 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.


Charles A. and Betty L. Edwards
TEMPORARY ACCESS EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcels: 12-404-20-00-001.01 01, 12-404-20-00-001.02 01, 12-404-20-00-001.03 01

A 30 foot wide strip of land being part Tract 2 of Boone County Survey # 7971, also being part of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township 49 North, Range 12 West, Boone County, Missouri, and is a part of the same land described by Deed Recorded in Book 889, Page 818 of the Boone County Records, being 15 feet on each side of the following described centerline:

Commencing at the Southeast corner of said Tract 2; Thence along the south line of Tract 2, S89°34'00"W, a distance of 2,682.83 feet to the west line of Tract 2; Thence along the west line of said Tract 2, N0°30’ 00”E, a distance of 62.14 feet to the centerline of a private driveway and the POINT OF BEGINNING; Thence along the centerline of a said private driveway as follows: Thence S77°28'20"E, a distance of 212.61feet; Thence N79°13'05"E, a distance of 51.92 feet; Thence N52°39'25"E, a distance of 58.04 feet; Thence N24°29'15"E, a distance of 149.41 feet; Thence N53°58'30"E, a distance of 66.29 feet; Thence N88°43'55"E, a distance of 162.97 feet; Thence S74°50'20"E, a distance of 134.62 feet; Thence S53°04'45"E, a distance of 184.08 feet; Thence S84°17'05"E, a distance of 230.59 feet; Thence S74°37'25"E, a distance of 125.98 feet to the west line of a 70’  temporary construction easement and the POINT OF ENDING of the access easement.

Said access easement contains 40,853 square feet.  Subject to easements and restrictions of record or not of record, if any.


Carson Russell Family Trust
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-402-17-00-033.00 01

A 20’  strip of land being a part of the land described by Warranty Deed recorded in Book 1194, page 529 of the Boone County records, also being a part of the West One Hundred Sixty (160) Acres of the Southeast quarter (SE 1/4) of Section Seventeen (17), Township 49 North, Range 12 west, Boone County, Missouri, being 10 feet on each side of the following described centerline:

Commencing at an aluminum monument found at the Southeast corner of said Section 17; Thence along the South line of said Section, N87°48'05"W, a distance of 751.84 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N24°22'20"E, a distance of 13.52 feet; Thence N02°28'05"E, a distance of 179.80 feet; Thence N52°07'10"E, a distance of 109.73 feet; Thence N19°37'50"W, a distance of 238.41 feet; Thence N50°38'05"E, a distance of 324.57 feet; Thence N37°41'10"E, a distance of 264.77 feet; Thence S81°45'20"E, a distance of 283.05 feet; Thence N08°14'40"E, a distance of 102.40 feet to the east line of the said West One Hundred Sixty (160) Acres and the POINT OF ENDING of the sanitary sewer easement;

Said sanitary sewer easement contains 30,308 square feet.  Subject to easements and restrictions of record or not of record, if any.


Carson Russell Family Trust
TEMPORARY CONSTRUCTION EASEMENT

Project: Bear Creek Outfall Sewer Extension
Parcel: 12-402-17-00-033.00 01

A 70’  strip of land being a part of the land described by Warranty Deed recorded in Book 1194, page 529 of the Boone County records, also being a portion of the West One Hundred Sixty (160) Acres of the Southeast quarter (SE 1/4) of Section Seventeen (17), Township 49 North, Range 12 West, Boone County, Missouri, being 20 feet on the westerly side and 50 feet on the easterly side of the following described centerline:

Commencing at an aluminum monument found at the Southeast corner of said Section 17; Thence along the south line of said section, N87°48'05"W, a distance of 751.84 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N24°22'20"E, a distance of 13.52 feet; Thence N02°28'05"E, a distance of 179.80 feet; Thence N52°07'10"E, a distance of 109.73 feet; Thence N19°37'50"W, a distance of 238.41 feet; Thence N50°38'05"E, a distance of 324.57 feet; Thence N37°41'10"E, a distance of 264.77 feet; Thence S81°45'20"E, a distance of 283.05 feet; Thence N08°14'40"E, a distance of 102.40 feet to the east line of the said West One Hundred Sixty (160) Acres and the POINT OF ENDING of the temporary construction easement;

Said temporary construction easement contains 101,278 square feet, and is inclusive of 30,308 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.


Carson Russell Family Trust
TEMPORARY ACCESS EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-402-17-00-033.00 01

A 30’  strip of land being a part of the land described by Warranty Deed recorded in Book 1194, page 529 of the Boone County records, also being a part of the West One Hundred Sixty (160) Acres of the Southeast quarter (SE 1/4) of Section Seventeen (17), Township 49 North, Range 12 west, Boone County, Missouri, being 15 feet on each side of the following described centerline:

Commencing at an aluminum monument found at the Southeast corner of said Section 17; Thence along the south line of said section, N87°48’ 05”W, a distance of 2687.12 feet to the South Quarter Corner of Section 17; Thence northerly along the Mid Section line N01°13'00"E, a distance of 1,395.90 feet to the centerline of the abandoned road, formerly known as Peabody Road, and the POINT OF BEGINNING; Thence along the centerline of said Peabody Road as follows: Thence S88°52'15"E, a distance of 1,176.21 feet; Thence 665.42 feet along a tangent arc to the right with a radius of 900.00 feet, and a chord that bears S67°41'25"E a distance of 650.36 feet; Thence S46°30'35"E, a distance of 608.3 feet to the west line of a 70’  temporary construction easement and the POINT OF ENDING of the access easement.

Said access easement contains 73,497 square feet.  Subject to easements and restrictions of record or not of record, if any.


Jeffery E. Smith Investments Co. L.C.
PERMANENT SANITARY SEWER EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcels: 12-402-00-00-001.00 01, 12-501-00-00-005.00 01

A 20’  strip of land being a part of the land described by Warranty Deed recorded in Book 1254, page 962 of the Boone County records, also being a part the West half (W1/2) of the Southwest Quarter (1/4) of Section Sixteen (16) and part of a strip of land fifty-one (51) links wide off the East side of the Southeast Quarter (SE 1/4) of Section Seventeen (17), Township 49 North, Range 12 West, Boone County, Missouri, being 10 feet on each side of the following described centerline:

Commencing at an aluminum monument found at the Southeast corner of said Section 17; Thence along the East line of said Section, N00°33'45"E, a distance of 945.89 feet; Thence N87°48'05"W, a distance of 33.57 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N08°14'40"E, a distance of 52.14 feet; Thence N68°14’ 40”, a distance of 17.22 feet to the POINT OF ENDING of the sanitary sewer easement.

Said sanitary sewer easement contains 1403 square feet.  Subject to easements and restrictions of record or not of record, if any.


Jeffery E. Smith Investments Co. L.C.
TEMPORARY CONSTRUCTION EASEMENT
Project: Bear Creek Outfall Sewer Extension
Parcel: 12-402-00-00-001.00 01, 12-501-00-00-005.00 01

A 70’  strip of land being a part of the land described by Warranty Deed recorded in Book 1254, page 962 of the Boone County records, also being a part the West half (W1/2) of the Southwest Quarter (1/4) of Section Sixteen(16) and a strip of land fifty-one (51) links wide off the East side of the Southeast Quarter (SE 1/4) of Section Seventeen (17), Township 49 North, Range 12 West, Boone County, Missouri, being 20 feet on the westerly side and 50 feet on the easterly side of the following described centerline:

Commencing at an aluminum monument found at the Southeast corner of section 17;
Thence along the East line of said Section, N00°33'45"E, a distance of 945.89 feet to a point; Thence N87°48'05"W, a distance of 33.57 feet to the centerline of a proposed sanitary sewer and the POINT OF BEGINNING; Thence along the centerline of the proposed sanitary sewer, N13°28'00"E, a distance of 102.55 feet: Thence N68°14’ 40”E, a distance of 27.22 feet to the POINT OF ENDING of the temporary construction easement;

Said temporary construction easement contains 9,742 square feet, and is inclusive of 1403 square feet of permanent sanitary sewer easement.  Subject to easements and restrictions of record or not of record, if any.

    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 1st day of May, 2006.