Section 110-115; Ord. 20217; Declaring the need to acquire easements for construction of the Hinkson Creek Trail between the Grindstone Nature Area and Stephens Lake Park


Ordinance No. 20217                            Council Bill No. B 57-09

     AN ORDINANCE

declaring the need to acquire easements for construction of the Hinkson Creek Trail between the Grindstone Nature Area and Stephens Lake Park; 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 in connection with construction of the Hinkson Creek Trail between the Grindstone Nature Area and Stephens Lake Park as follows:

STADIUM APARTMENTS, LLC
PARCEL NO. 17-414-00-02-001.00 01
TEMPORARY CONSTRUCTION EASEMENT

AN IRREGULAR TRACT OF LAND ACROSS THE SOUTH PART OF LOT 1, STADIUM SUBDIVISION PLAT NO. 2, RECORDED IN PLAT BOOK 21, PAGE 79, ALSO ACROSS PART OF STADIUM CONDOMINIUMS, RECORDED IN BOOK 707, PAGE 97, LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2955, PAGE 15 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHERNMOST CORNER OF SAID LOT 1, BEING ON THE NORTH RIGHT-OF-WAY LINE OF STADIUM BOULEVARD; THENCE WITH THE SOUTHERLY LINE OF SAID LOT 1, N67°30’ 55”W, 420.25 FEET; THENCE N70°21’ 30”W, 14.65 FEET; THENCE LEAVING SAID SOUTHERLY LINE, N21°50’ 40”E, 4.40 FEET; THENCE S67°59’ 40”E, 275.63 FEET; THENCE N24°19’ 10”E, 5.00 FEET; THENCE S65°40’ 50”E, 100.00 FEET; THENCE S76°59’ 00”E, 51.00 FEET; THENCE S74°32’ 00”E, 38.38 FEET TO THE EAST LINE OF SAID LOT 1; THENCE WITH SAID EAST LINE, S76°57’ 00”W, 35.85 FEET TO THE POINT OF BEGINNING AND CONTAINING 3275 SQUARE FEET.

ASHLAND MANOR PROPERTIES
PARCEL NO. 17-403-00-00-035.00 01
TEMPORARY CONSTRUCTION EASEMENT

A TRIANGULAR TRACT OF LAND ACROSS THE NORTHEAST PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 505, PAGE 508, LOCATED IN THE NORTH HALF OF SECTION 19, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1169, PAGE 308 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT D-1 OF THE ADMINISTRATIVE PLAT OF LOTS C & D OF COLLEGE SPRINGS SUBDIVISION, RECORDED IN BOOK 1685, PAGE 618, BEING ON THE SOUTH RIGHT-OF-WAY LINE OF STADIUM BOULEVARD; THENCE WITH THE WEST LINE OF SAID LOT D-1, S9°12’ 45”E, 54.40 FEET; THENCE LEAVING SAID WEST LINE, N32°00’ 00”W, 75.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID STADIUM BOULEVARD; THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE, S71°29’ 00”E, 33.15 FEET TO THE POINT OF BEGINNING AND CONTAINING 800 SQUARE FEET.

GEORGE EDWARD CRAWFORD
PARCEL NO. 17-403-00-01-002.00 01
TEMPORARY CONSTRUCTION EASEMENT

AN IRREGULAR TRACT OF LAND ACROSS THE NORTH PART OF LOT D-1 OF THE ADMINISTRATIVE PLAT OF LOTS C & D OF COLLEGE SPRINGS SUBDIVISION, RECORDED IN BOOK 1685, PAGE 618, LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 559, PAGE 290 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT D-1 ON THE SOUTH RIGHT-OF-WAY LINE OF STADIUM BOULEVARD; THENCE WITH THE NORTHERLY LINE OF SAID LOT D-1, S49°49’ 20”E, 71.47 FEET; THENCE, S82°45’ 20”E, 301.62 FEET; THENCE S61°09’ 40”E, 67.59 FEET; THENCE S30°40’ 05”E, 84.52 FEET; THENCE LEAVING SAID NORTHERLY LINE, 93.60 FEET ALONG A 50.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N83°47’ 35”W, 80.52 FEET; THENCE N28°30’ 45”W, 20.39 FEET; THENCE N17°07’ 25”W, 62.69 FEET; THENCE N75°05’ 55”W, 45.87 FEET; THENCE N82°45’ 50”W, 297.23 FEET TO THE WEST LINE OF SAID LOT D-1; THENCE WITH SAID WEST LINE, N9°12’ 45”W, 54.40 FEET TO THE POINT OF BEGINNING AND CONTAINING 10,380 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 16th day of March, 2009.