Section 107-354; Ord. 19067; Declaring the need to acquire easements necessary to construct a 161 Kv transmission line near the intersection of Rolling Hills Road and Sugar Grove Road to the Grindstone Substation located on Ponderosa Street


Ordinance No. 19067                            Council Bill No. B 216-06


     AN ORDINANCE

declaring the need to acquire easements necessary to construct a 161 Kv transmission line near the intersection of Rolling Hills Road and Sugar Grove Road to the Grindstone Substation located on Ponderosa Street; 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 necessary to construct a 161 Kv transmission line near the intersection of Rolling Hills Road and Sugar Grove Road to the Grindstone Substation located on Ponderosa Street described as follows:

CenturyTel of Missouri, LLC
Permanent Easement for Electric Utility Purposes

A strip of land located in the southwest quarter of Section 29 T48N R12W, in Columbia Boone County, Missouri, being part of Lot 1 of Chalet Subdivision Plat 2, recorded in plat book 30 page 58 of the Boone County Records, described as follows:

Starting at the most southerly corner of Lot 1 of Chalet Subdivision Plat 2, recorded in plat book 30 page 58, thence N 33°44’ 00”E, along the southeasterly line thereof, 28.00 feet to the point of beginning.

From the point of beginning, thence, leaving the southeasterly line of Lot 1 of Chalet Subdivision Plat 2, N 57°06’ 10”W 149.42 feet to the northwesterly line of said Lot; thence N 34°55’ 10”E, along said line, 34.02 feet; thence, leaving said line, S 57°06’ 10”E 148.72 feet to the southeasterly line of said Lot 1; thence S 33°44’ 00”W, along said line, 34.00 feet to the beginning and containing 5068 square feet or 0.12 acre.


La Crosse Lumber Company
Permanent Easement for Electric Utility Purposes

A strip of land located in the southwest quarter of Section 29, T48N, R12W, in Columbia Boone County, Missouri, being part of Lot 1 of an Administrative Plat of Lots 7, 8, 9, and a part of Lot 10 of Chalet Subdivision, plat recorded in book 745 page 21, of the Boone County Records, described as follows:

Beginning at a point on the easterly line of Lot 1 of the Administrative Plat of Lots 7, 8, 9, and a part of Lot 10 of Chalet Subdivision, being N 32° 54’ E 15.00 feet from the southeast corner of said Lot, thence, leaving the line of said Lot N 57° 06’ W, along the northerly line of a 15 foot wide utility easement, 624.78 feet to the westerly line of said Lot; thence N 33° 44’ E, along said line, 47.00 feet; thence, leaving said line, S 57° 06’ E 187.00 feet; thence S 59° 53’ E 408.83 feet to the easterly line of said Lot; thence, along said line, S 17° 10’ E 37.50 feet; thence S 32° 54’ W 42.77 feet to the beginning and containing 33,622 square feet or 0.77 acre.


SUBPLEX CORPORATION
Permanent Easement for Electric Utility Purposes

A tract of land located in the southwest quarter of Section 29 T48N R12W, in Columbia Boone County, Missouri, being part of Lot 6 of Chalet Subdivision, recorded in plat book 11 page 64 of the Boone County Records, described as follows:

Starting at the most southerly corner of Lot 6 of Chalet Subdivision, recorded in plat book 11 page 64, thence N 32°54’ 00”E, along the southeasterly line thereof, 15.00 feet to the point of beginning.

From the point of beginning, thence, leaving the southeasterly line of Lot 6 of Chalet Subdivision, N 57°06’ 00”W 267.82 feet to the northwesterly line of said Lot; thence, along said line, N 32°54’ 00”E 42.77 feet; thence N 17°10’ 00”W 42.42 feet; thence, leaving said line, S 57°06’ 00”E 300.35 feet to the southeasterly line of said Lot 6; thence, along said line, S 32°54’ 00”W 70.00 feet to the beginning and containing 19,190 square feet or 0.44 acre.


Raul J. Walters Revocable Living Trust
Permanent Easement for Electric Utility Purposes

1.    A tract of land located in the southwest quarter of Section 29 T48N R12W, in Columbia Boone County, Missouri, being part of Lot 5 of Chalet Subdivision, recorded in plat book 11 page 64 of the Boone County Records, described as follows:

Starting at the most southerly corner of Lot 5 of Chalet Subdivision, recorded in plat book 11 page 64, thence N 33°11’ 00”E, along the southeasterly line thereof, 15.00 feet to the point of beginning.

From the point of beginning, thence, leaving the southeasterly line of Lot 5 of Chalet Subdivision, N 57°06’ 00”W 458.22 feet to the northwesterly line of said Lot; thence N 32°54’ 40”E, along said line, 70.00 feet; thence, leaving said line, S 57°06’ 00”E 458.91 feet to the southeasterly line of said Lot 5; thence, along said line, S 33°35’ 40”W 49.82 feet; thence S 33°11’ 00”W 20.18 feet to the beginning and containing 32,096 square feet or 0.74 acre.

2.    A tract of land located in the southwest quarter of Section 29 T48N R12W, in Columbia Boone County, Missouri, being part of Lot 11 of Chalet Subdivision, recorded in plat book 11 page 64 of the Boone County Records, described as follows:

Starting at the most southerly corner of Lot 1 of Chalet Subdivision Plat 2, recorded in plat book 30 page 58, thence N 57°06’ 10”W, along the southwesterly line thereof, 117.20 feet; thence, leaving said line, N 20°54’ 00”W 39.62 feet to the northwesterly line of said Lot 1, the point of beginning.

From the point of beginning, thence, leaving the northwesterly line of Lot 1 of Chalet Subdivision Plat 2, N 20°54’ 00”W 20.24 feet; thence N 14°18’ 40”W 39.22 feet; thence S 57°06’ 10”E 46.48 feet to the northwesterly line of said Lot 1; thence S 34°55’ 10”W, along said line, 38.62 feet to the beginning and containing 943 square feet or 0.02 acre.


The Curators of the University Of Missouri
Permanent Easement for Electric Utility Purposes

EASEMENT STRIP 1
A 60.0 (sixty) foot wide strip of land, 7986.5 feet long, located in the southwest quarter of Section 27 T48N R12W and in the south half of Section 28 T48N R12W in Columbia, Boone County, Missouri, being the south 60.0 (sixty) feet of the southwest quarter of Section 27 T48N R12W and of the south half of Section 28 T48N R12W.

EASEMENT STRIP 2
A 40.0 (forty) foot wide strip of land, 647.0 feet long, located in the northwest quarter of Section 34 T48N R12W in Columbia, Boone County, Missouri, more particularly described as follows:

From the northeast corner of the northwest quarter of Section 34 T48N R12W, thence with the north line of Section 34, N 89° 09=E 264.0 feet to the Point of Beginning; thence S 2° 25’ W 647.0 feet to the End of the Easement, said easement limited to 20.0 feet to either side of the above described centerline.


Lutheran Senior Services
Permanent Easement for Electric Utility Purposes

A strip of land located in the southeast quarter of Section 29, Township 48 North, Range 12 West, Columbia, Boone County, Missouri, and also being within Lot 2 of Lenoir Subdivision, as shown recorded in Book 21, Page 32 of the records of Boone County, more particularly described as follows:
 
Beginning at the southeast corner of Lot 2 Lenoir Subdivision, thence along the lines of said lot, S 89° 23’  00” W  1216.72 feet;  thence N 5° 44’  00” E  10.25 feet;  thence S 89° 46’  00” W  176.80 feet;  thence N 43° 31’  00” W  77.20 feet;  thence along a curve to the right, having a radius of 4815.53 feet, a distance of 416.73 feet, the chord being N 36° 21’  00” W  416.60 feet;  thence along a curve to the right, having a radius of 2657.92 feet, a distance of 223.16 feet, the chord being N 31° 35’  40” W  223.10 feet;  thence, leaving the lines of Lot 2 of Lenoir Subdivision, S 46° 03’  50” E  110.70 feet;  thence along a curve to the left, having a radius of 2627.92 feet, a distance of 114.75 feet, the chord being S 32° 45’  00” E  114.74 feet;  thence along a curve to the left, having a radius of 4785.53 feet, a distance of 414.13 feet, the chord being S 36° 21’  00” E  414.00 feet;  thence S 43° 35’  30” E  77.19 feet; thence N 89° 23’  00” E  1368.62 feet to the easterly line of Lot 2 of Lenoir Subdivision; thence S 0° 51’  00” E, along said line, 30.00 feet to the beginning and containing 27,351 square feet or 0.63 acre, exclusive of  the land described by the electric transmission line utility easement recorded in Book 418, Page 792, and overlaying a portion of the water and underground electric utility easement recorded in Book 501, page 366.

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 5th day of June, 2006.