Section 110-049; Ord. 20182; Declaring the need to acquire an additional easement for construction of the Vandiver Drive Extension Project, from the U.S. Highway 63 interchange to Mexico Gravel Road


Ordinance No. 20182                            Council Bill No. B 21-09

     AN ORDINANCE

declaring the need to acquire an additional easement for construction of the Vandiver Drive Extension Project, from the U.S. Highway 63 interchange to Mexico Gravel Road; 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 an additional easement for construction of the Vandiver Drive Extension Project, from the U.S. Highway 63 interchange to Mexico Gravel Road as follows:

PERMANENT DRAINAGE EASEMENT
Owner of Land:  Harr Family Revocable Trust

A STRIP OF LAND SIXTEEN (16) FEET WIDE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING A PART OF THE LAND DESCRIBED BY THE DEED RECORDED IN BOOK 2116, PAGE 764 AND ALSO PART OF THE TRACT SHOWN BY THE SURVEY RECORDED IN BOOK 491, PAGE 45, RECORDS OF BOONE COUNTY AND BEING EIGHT (8) FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 48 NORTH, RANGE 12 WEST AS SHOWN BY CENTERSTATE PLAT 1 AS RECORDED IN PLAT BOOK 35, PAGE 33 OF THE BOONE COUNTY RECORDS; THENCE WITH THE TOWNSHIP LINE, N89°51’ 45”E, 697.96 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY LINE, N27°25’ 55”W, 23.19 FEET; THENCE N0°43’ 30”W, 146.59 FEET; THENCE N11°47’ 35”E, 388.32 FEET; THENCE N5°31’ 45”E, 342.12 FEET; THENCE N80°07’ 45”E, 270.54 FEET; THENCE N31°47’ 50”E, 149.25 FEET; THENCE N19°17’ 25”E, 146.76 FEET; THENCE N8°35’ 25”W, 195.47 FEET; THENCE 87.40 FEET ALONG A 70.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N36°09’ 15”E, 81.83 FEET; THENCE N18°04’ 50”W, 130.00 FEET; THENCE CONTINUING WITH SAID RIGHT-OF-WAY LINE, 249.31 FEET ALONG A 200.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S36°12’ 30”W, 233.48 FEET; THENCE S15°05’ 40”W, 115.60 FEET; THENCE S30°28’ 05”W, 121.87 FEET; THENCE S86°51’ 00”W, 49.42 FEET; THENCE LEAVING SAID MO-DOT RIGHT-OF-WAY AND WITH THE LINES OF THE PROPOSED VANDIVER DRIVE EXTENSION RIGHT-OF-WAY,  N22°43’ 25”W, 34.79 FEET; THENCE 89.72 FEET ALONG A 259.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N12°48’ 00”W, 89.27 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID PROPOSED VANDIVER DRIVE EXTENSION RIGHT-OF-WAY LINE, S77°35’ 20”W, 51.01 FEET TO THE EASTERLY RGHT-OF-WAY LINE OF U.S. HIGHWAY 63, THE END OF THE DESCRIBED CENTERLINE AND CONTAINING 817 SQUARE FEET.

    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 2nd day of February, 2009.