Section 107-284; Ord. 19019; Declaring the need to acquire easements for construction of a 24-inch discharge main under I-70, as part of the Hillsdale Pump Station project


Ordinance No. 19019                            Council Bill No. B 163-06

     AN ORDINANCE

declaring the need to acquire easements for construction of a 24-inch discharge main under I-70, as part of the Hillsdale Pump Station 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 construction of a 24-inch discharge main under I-70, as part of the Hillsdale Pump Station project, described as follows:

A. BOGGS, TRUSTEE OF THE LOGAN A. BOGGS LIVING TRUST
PERMANENT UTILITY EASEMENT

A strip of land, twenty  (20) feet wide, located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the tract described by a quit-claim deed recorded in book 1138 page 975, the centerline described as follows:

Beginning at a point on the southerly line of the tract of land described by a quit-claim deed recorded in book 1138 page 975, also being the northerly right-of-way line of Interstate 70, said point being N 88°39’ 30”W   659.34 feet from the southeast corner of said tract; thence, leaving said line, N  35°10’ 10”E   36.44 feet; thence N 89°27’ 30”E 184.97 feet; thence N 76°14’ 10”E   90.06 feet; thence S 78°15’ 50”E  85.20 feet; thence S 89°02’ 50”E   281.92 feet to the end of the centerline at a point on the easterly line of said tract, also being the quarter section line, being N 0°32’ 00”W   46.37 feet from the southeast corner thereof.   This tract contains 13,572 square feet or 0.31 acre.


A. BOGGS, TRUSTEE OF THE LOGAN A. BOGGS LIVING TRUST
TEMPORARY CONSTRUCTION EASEMENT:

A tract of land located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the tract described by a quit-claim deed recorded in book 1138 page 975, described as follows:

Beginning at a point on the southerly line of the tract of land described by a quit-claim deed recorded in book 1138 page 975, also being the northerly right-of-way line of Interstate 70, said point being N 88°39’ 30”W 647.30 feet from the southeast corner of said tract; thence  N 88°39’ 30”W, along said line, 54.17 feet; thence, leaving said line, N 35°10’ 10”E 77.83 feet; thence N 89°27’ 30”E 198.86 feet; thence N 76°14’ 10”E 93.92 feet; thence S 78°15’ 50”E  89.82 feet; thence S 89°02’ 50”E 277.71 feet to the easterly line of said tract, also being the quarter section line;  thence S 0°32’ 00”E, along said line, 45.02 feet; thence, leaving said line, N 89°02’ 50”W 283.13 feet; thence N 78°15’ 50”W 83.89 feet; thence S 76°14’ 10”W 88.95 feet; thence S 89°27’ 30”W 181.00 feet; thence S 35°10’ 10”W 24.61 feet to the beginning and containing 17,922 square feet or 0.41 acre, exclusive of the permanent easement.


PRAISE ASSEMBLY OF GOD CHURCH, A MISSOURI NOT-FOR-PROFIT CORP.
(QUIT-CLAIM RECORDED IN BOOK 1018 PAGE 634)
PERMANENT UTILITY EASEMENT

A strip of land, 20 (twenty) feet wide, located in the northeast quarter of Section 9 T48N R12W in Columbia, Boone County, Missouri, being part of Lot 1 Praise Assembly Subdivision,  recorded in plat book 27 page 3, being the west 20.0 feet of said lot.  This tract contains 3138 square feet or 0.07 acre exclusive of the existing utility easements.


PRAISE ASSEMBLY OF GOD CHURCH, A MISSOURI NOT-FOR-PROFIT CORP.
(QUIT-CLAIM RECORDED IN BOOK 1018 PAGE 634)
TEMPORARY CONSTRUCTION EASEMENT

A strip of land, 45 (forty five) feet wide, located in the northeast quarter of Section 9 T48N R12W in Columbia, Boone County, Missouri, being part of Lot 1 Praise Assembly Subdivision, recorded in plat book 27 page 3, being the west 45.0 feet of said lot.  This tract contains 19,618 square feet or 0.45 acre exclusive of the existing utility easements and the new, proposed permanent easement.


JOEL HALEY
PERMANENT UTILITY EASEMENT

A tract of land located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the tract described by a quitclaim deed recorded in book 1087 page 519, described as follows:

Starting at the northwest corner of the tract of land described by a survey recorded in book 337 page 147,  thence N 88°55’ 30”W, along the southerly
right-of-way line of Interstate 70, a distance of 54.89 feet to the point of beginning.

From the point of beginning, thence, leaving the southerly right-of-way line of Interstate 70, S 34°54’ 10”W 19.34 feet; thence S 16°12’ 30”W 61.89 feet to the northerly right-of-way line of  I-70 Drive SE (Old U.S. Highway 40); thence along said line on a curve to the left, having a radius of 1,186.00 feet, a distance of 20.05 feet, the chord being N 69°54’ 00”W   20.05 feet; thence leaving said line, N 16°12’ 30”E  63.82 feet; thence  N 34°54’ 10”E 9.23 feet to the southerly right-of-way of Interstate 70; thence S 88°55’ 30”E, along said line, 24.08 feet to the beginning and containing 1542 square feet or 0.04 acre.


JOEL HALEY
TEMPORARY CONSTRUCTION EASEMENT

A tract of land located in the northwest quarter of Section 9 T48N R12W in Columbia, Boone County, Missouri, being part of the tract described by a quitclaim deed recorded in book 1087 page 519, described as follows:

Starting at the northwest corner of the tract of land described by a survey recorded in book 337 page 147, thence N 88°55’ 30”W, along the southerly right-of-way line of Interstate 70, a distance of 24.79 feet to the point of beginning.

From the point of beginning, thence, leaving the southerly right-of-way line of Interstate 70, S 34°54’ 10”W 31.98 feet; thence S 16°12’ 30”W 59.96 feet to the northerly right-of-way line of I-70 Drive SE (Old U.S. Highway 40); thence along said line on a curve to the left, having a radius of 1,186.00 feet, a distance of 70.17 feet, the chord being N 69°54’ 00”W 70.16 feet; thence leaving said line, N 16°12’ 30”E 63.78 feet; to the southerly right-of-way of Interstate 70; thence S 88°55’ 30”E, along said line, 83.13 feet to the beginning and containing 3869 square feet or 0.09 acre exclusive of the permanent easement.


HAROLD E. HARMON AND PATRICIA A. HARMON, HUSBAND AND WIFE
PERMANENT UTILITY EASEMENT

A tract of land located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the lot described by a deed recorded in book 1574 page 627, also being part of Lot 12A of the Administrative Plat of Lot 12 of Littlebear Industrial Subdivision, plat recorded in book 1570 page 927, described as follows:

Beginning at the northeast corner of Lot 12A of the Administrative Plat of Lot 12 of Littlebear Industrial Subdivision, thence, along the easterly line of said lot, S 19°31’ 00”E   49.40 feet; thence along a curve to the right, having a radius of 220.00 feet, a distance of 23.90 feet, the chord being S 16°24’ 20”E 23.88 feet; thence, leaving the easterly line of  Lot 12A of the Administrative Plat of Lot 12 of Littlebear Industrial Subdivision, N 35°04’ 40”W 80.75 feet to the northerly line of said Lot 12A; thence N 81°40’ 00”E, along said line, 23.40 feet to the beginning and containing 881 square feet or 0.02 acre.


HAROLD E. HARMON AND PATRICIA A. HARMON, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

A tract of land located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the lot described by a deed recorded in book 1574 page 627, also being part of Lot 12A of the Administrative Plat of Lot 12 of Littlebear Industrial Subdivision, plat recorded in book 1570 page 927, described as follows:

Beginning at the northeast corner of Lot 12A of the Administrative Plat of Lot 12 of Littlebear Industrial Subdivision, thence, along the easterly line of said lot, S 19°31’ 00”E   49.40 feet; thence along a curve to the right, having a radius of 220.00 feet, a distance of 67.36 feet, the chord being S 10°44’ 40”E 67.10 feet; thence, leaving the easterly line of  Lot 12A of the Administrative Plat of Lot 12 of Littlebear Industrial Subdivision, N 35°04’ 40”W   129.34 feet to the northerly line of said Lot 12A; thence N 81°40’ 00”E, along said line, 45.80 feet to the beginning and containing 2132 square feet or 0.05 acre, exclusive of the permanent easement.


HAROLD STONE AND LETHA MAE STONE, HUSBAND AND WIFE
PERMANENT UTILITY EASEMENT

A tract of land located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the tract described by a deed recorded in book 268 page 254, described as follows:

Beginning at the northeast corner of the tract of land described by a deed recorded in book 268 page 254, shown by a survey recorded in book 267 page 387 as being S 87°39’ W   804.3 feet and  North 1603 feet from the center of  Section 9-48-12; thence S 0°16’ 30”E, along the easterly line of said tract, 47.69 feet; thence, leaving said line, N  63°28’ 00”W   111.98 feet; thence N 16°30’ 00”E   26.12 feet to the northerly line of said tract, also being the southerly right-of-way line of I-70 Drive SE (Old U.S. Highway 40); thence along said line on a curve to the right, having a radius of 1,106.00 feet, a distance of 51.28 feet, the chord being S 68°43’ 20”E 51.27 feet; thence N 22°36’ 30”E  10.00 feet; thence along a curve to the right, having a radius of 1,116.00 feet, a distance of 44.70 feet to the beginning, the chord being S 66°14’ 40”E   44.70 feet.   This tract contains 3677 square feet or 0.08 acre.


HAROLD STONE AND LETHA MAE STONE, HUSBAND AND WIFE
TEMPORARY CONSTRUCTION EASEMENT

A tract of land located in the northwest quarter of Section 9 T48N R12W  in Columbia, Boone County, Missouri, being part of the tract described by a deed recorded in book 268 page 254, described as follows:

Beginning at the northeast corner of the tract of land described by a deed recorded in book 268 page 254, shown by a survey recorded in book 267 page 387 as being S 87°39’ W   804.3 feet and  North 1603 feet from the center of  Section 9-48-12; thence S 0°16’ 30”E, along the easterly line of said tract, 75.70 feet; thence, leaving said line, N 63°28’ 00”W   145.57 feet; thence N 16°30’ 00”E 48.31 feet to the northerly line of said tract, also being the southerly right-of-way line of I-70 Drive SE (Old U.S. Highway 40); thence along said line on a curve to the right, having a radius of 1,106.00 feet, a distance of 76.31 feet, the chord being S 69°22’ 10”E 76.29 feet; thence N 22°36’ 30”E 10.00 feet; thence along a curve to the right, having a radius of 1,116.00 feet, a distance of 44.70 feet to the beginning, the chord being S 66°14’ 40”E   44.70 feet.   This tract contains 4151 square feet or 0.10 acre exclusive of the permanent easement.

    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.