Section 110-139; Ord. 20223; Declaring the need to acquire easements necessary to construct Sewer District No. 159 (State Route K)


Ordinance No. 20223                            Council Bill No. B 64-09

     AN ORDINANCE

declaring the need to acquire easements necessary to construct Sewer District No. 159 (State Route K); 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 Sewer District No. 159 (State Route K) described as follows:

Duane Dean Miller and Angie Miller, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-01-042.00

An irregular shaped parcel of land in the north part of a tract of land described in a warranty deed in Book 3396 at Page 90, said tract being Lot 43 of Victoria South Plat 2 as recorded in Plat Book 34 at Page 78, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.15°59’ 25”E., 123.89 feet to the POINT OF BEGINNING; thence continuing along said line N.15°59’ 25”E., 0.63 feet to the south line of a platted drainage and sanitary sewer easement; thence along said south line N.86°23’ 00”E., 62.74 feet to the east line of said lot; thence along said east line S.0°24’ 50”E., 11.44 feet to a point N.0°24’ 50”W., 132.67 feet from the southeast corner of said lot; thence leaving said east line N.83°45’ 45”W., 63.25 feet to the POINT OF BEGINNING and containing 378 square feet.

Duane Dean Miller and Angie Miller, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-01-042.00

A four sided parcel of land in the north part of a tract of land described in a warranty deed in Book 3396 at Page 90, said tract being Lot 43 of Victoria South Plat 2 as recorded in Plat Book 34 at Page 78, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.15°59’ 25”E., 108.04 feet to the POINT OF BEGINNING; thence continuing along said line N.15°59’ 25”E., 15.22 feet to the south line of the permanent sanitary sewer easement granted this date; thence along said south line S.83°45’ 45”E., 63.25 feet to the east line of said lot; thence along said east line S.0°24’ 50”E., 15.10 feet to a point N.0°24’ 50”W., 117.57 feet from the southeast corner of said lot; thence leaving said east line N.83°45’ 45”W., 67.57 feet to the POINT OF BEGINNING and containing 981 square feet.

William S. Tennyson
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-005.00

A four sided parcel of land in the north part of a tract of land described in a personal representative’ s deed of distribution in Book 2838 at Page 71 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°24’ 50”W., 147.14 feet to the POINT OF BEGINNING; thence continuing along said line N.0°24’ 50”W., 16.11 feet; thence leaving said line S.83°45’ 45”E., 330.57 feet to the east line of said tract; thence along said east line S.0°12’ 15”E., 16.10 feet to a point N.0°12’ 15”W., 126.33 feet from the southeast corner of said tract; thence leaving said east line N.83°45’ 45”W., 330.51 feet to the POINT OF BEGINNING and containing 5,289 square feet.

William S. Tennyson
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-005.00

An irregular shaped parcel of land in the north part of a tract of land described in a personal representative’ s deed of distribution in Book 2838 at Page 71 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°24’ 50”W., 132.04 feet to the POINT OF BEGINNING; thence continuing along said line N.0°24’ 50”W., 40.27 feet; thence leaving said line S.83°45’ 45”E., 330.61 feet to the east line of said tract; thence along said east line S.0°12’ 15”E., 40.25 feet to a point N.0°12’ 15”W., 111.24 feet from the southeast corner of said tract; thence leaving said east line N.83°45’ 45”W., 22.38 feet; thence S.0°00’ 00”W., 24.31 feet; thence N.90°00’ 00”W., 51.57 feet; thence N.0°00’ 00”E., 29.94 feet; thence N.83°45’ 45”W., 256.20 feet to the POINT OF BEGINNING and containing 9,331 square feet exclusive of 5,289 square feet of permanent sanitary sewer easement granted this date.

William S. Tennyson
TEMPORARY ACCESS EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-005.00

A strip of land twenty (20) feet in width in the west part of a tract of land described in a personal representative’ s deed of distribution in Book 2838 at Page 71 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being ten (10) feet in width on both sides of the following described line:

Starting at the southwest corner of said tract; thence along the south line of said tract, said south line also being the north right-of-way line of State Route K, S.87°21’ 45”E., 20.03 feet to the POINT OF BEGINNING; thence leaving said line N.0°24’ 50”W., 130.77 feet to the END on the south line of the temporary construction easement granted this date.

Said strip contains 2,616 square feet.

Gregory W. Linn
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-004.00

An irregular shaped parcel of land in the north part of a tract of land described in a warranty deed in Book 1346 at Page 742 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°12’ 15”W., 126.33 feet to the POINT OF BEGINNING; thence continuing along said line N.0°12’ 15”W., 16.10 feet; thence leaving said line S.83°45’ 45”E., 53.39 feet; thence N.89°48’ 20”E., 111.07 feet to the east line of said tract; thence along said east line S.0°29’ 30”E., 16.00 feet to a point N.0°29’ 30”W., 113.78 feet from the southeast corner of said tract; thence leaving said east line S.89°48’ 20”W., 112.05 feet; N.83°45’ 45”W., 52.48 feet to the POINT OF BEGINNING and containing 2,632 square feet.

Gregory W. Linn
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-004.00

An irregular shaped parcel of land in the north part of a tract of land described in a warranty deed in Book 1346 at Page 742 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°12’ 15”W., 111.24 feet to the POINT OF BEGINNING; thence continuing along said line N.0°12’ 15”W., 40.25 feet; thence leaving said line S.83°45’ 45”E., 27.13 feet; thence N.89°48’ 20”E., 137.11 feet to the east line of said tract; thence along said east line S.0°29’ 30”E., 40.00 feet to a point N.0°29’ 30”W., 101.78 feet from the southeast corner of said tract; thence leaving said east line S.89°48’ 20”W., 65.68 feet; thence S.0°00’ 00”W., 34.06 feet; thence S.86°39’ 15”W., 22.90 feet; thence N.0°00’ 00”E., 35.32 feet; thence S.89°48’ 20”W., 51.02 feet; thence N.83°45’ 45”W., 24.86 feet to the POINT OF BEGINNING and containing 4,734 square feet exclusive of 2,632 square feet of permanent sanitary sewer easement granted this date.

Russell R. Meiners and Wanda J. Meiners, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-003.00

A four sided parcel of land in the north part of a tract of land described in a warranty deed in Book 2989 at Page 58 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°29’ 30”W., 113.78 feet to the POINT OF BEGINNING; thence continuing along said line N.0°29’ 30”W., 16.00 feet; thence leaving said line N.89°48’ 20”E., 165.17 feet to the east line of said tract; thence along said east line S.0°11’ 40”E., 16.00 feet to a point N.0°11’ 40”W., 107.12 feet from the southeast corner of said tract; thence leaving said east line S.89°48’ 20”W., 165.09 feet to the POINT OF BEGINNING and containing 2,642 square feet.

Russell R. Meiners and Wanda J. Meiners, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-003.00

An irregular shaped parcel of land in the north part of a tract of land described in a warranty deed in Book 2989 at Page 58 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°29’ 30”W., 101.78 feet to the POINT OF BEGINNING; thence continuing along said line N.0°29’ 30”W., 40.00 feet; thence leaving said line N.89°48’ 20”E., 165.23 feet to the east line of said tract; thence along said east line S.0°11’ 40”E., 40.00 feet to a point N.0°11’ 40”W., 95.12 feet from the southeast corner of said tract; thence leaving said east line S.89°48’ 20”W., 53.26 feet; thence S.0°00’ 00”W., 26.50 feet; thence N.89°36’ 00”W., 29.12 feet; thence N.0°00’ 00”E., 26.19 feet; thence S.89°48’ 20”W., 82.65 to the POINT OF BEGINNING and containing 4,730 square feet exclusive of 2,642 square feet of permanent sanitary sewer easement granted this date.

Russell R. Meiners and Wanda J. Meiners, husband and wife
TEMPORARY ACCESS EASEMENT
Project: Sewer District 159
Parcel: 20-313-00-00-003.00

A strip of land twenty (20) feet in width in the west part of a tract of land described in a warranty deed in Book 2989 at Page 58 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being ten (10) feet in width on both sides of the following described centerline:

Starting at the southwest corner of said tract; thence along the south line of said tract, said south line also being the north right-of-way line of State Route K, N.87°29’ 10”E., 32.55 feet to the POINT OF BEGINNING; thence leaving said line N.3°36’ 00”W., 100.64 to the END on the south line of the temporary construction easement granted this date.

Said strip contains 2,013 square feet.

Mitchell S. McKinney
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 159
Parcel: 20-313-11-00-007.00

A four sided parcel of land in the north part of a tract of land described in a warranty deed in Book 2565 at Page 166 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°11’ 40”W., 107.12 feet to the POINT OF BEGINNING; thence continuing along said line N.0°11’ 40”W., 16.00 feet; thence leaving said line N.89°48’ 20”E., 98.82  feet to the east line of said tract; thence along said east line S.0°33’ 30”E., 16.00 feet to a point N.0°33’ 30”W., 103.08 feet from the southeast corner of said tract; thence leaving said east line S.89°48’ 20”W., 98.92 feet to the POINT OF BEGINNING and containing 1,582 square feet.

Mitchell S. McKinney
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 159
Parcel: 20-313-11-00-007.00

An irregular shaped parcel of land in the west part of a tract of land described in a warranty deed in Book 2565 at Page 166 of the Boone County Records; situate in the north half (1/2) of the northwest quarter (1/4) of Section 11, Township 47 North, Range 13 West, Boone County, Missouri; said parcel being described as follows:

Starting at the southwest corner of said tract; thence along the west line of said tract N.0°11’ 40”W., 95.12 feet to the POINT OF BEGINNING; thence continuing along said line N.0°11’ 40”W., 40.00 feet; thence leaving said line N.89°48’ 20”E., 35.15  feet; thence S.19°55’ 00”E., 70.74 feet; thence N.89°36’ 00”W., 49.68 feet; thence N.19°55’ 00”W., 27.70 feet to the POINT OF BEGINNING and containing 2,319 square feet exclusive of 677 square feet of permanent sanitary sewer easement granted this date.

    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 6th day of April, 2009.