Section 110-169; Ord. 20243; Declaring the need to acquire additional easements for construction of the Clear Creek Pump Station Force Main improvement project


Ordinance No. 20243                            Council Bill No. B 86-09

     AN ORDINANCE

declaring the need to acquire additional easements for construction of the Clear Creek Pump Station Force Main improvement 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 additional easements in connection with construction of the Clear Creek Pump Station Force Main improvement project, described as follows:

THF Grindstone Plaza Development, LLC
UTILITY EASEMENT
Project:  Clear Creek Pump Station and Force Main Improvement Project
Parcel: 17-701-00-26-001.00 01

TWO (2) TRACTS OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2871, PAGE 157 AND BEING ACROSS PART OF LOT 1, GRINDSTONE PLAZA SUBDIVISION, RECORDED IN BOOK 40, PAGE 6, SAID TRACTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT 1
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2 OF SAID GRINDSTONE PLAZA SUBDIVISION, ON THE NORTH RIGHT-OF-WAY LINE OF GRAY OAK DRIVE; THENCE WITH THE RIGHT-OF-WAY LINE OF SAID GRAY OAK DRIVE, N63°58’ 20”E, 119.44 FEET; THENCE S26°01’ 40”E, 66.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, CONTINUING S26°01’ 40”E, 10.00 FEET TO THE SOUTH LINE OF THE EXISTING UTILITY EASEMENT ALONG THE SOUTH SIDE OF GRAY OAK DRIVE; THENCE WITH SAID SOUTH LINE S63°58’ 20”W, 132.85 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID SOUTH LINE, 225.15 FEET ALONG A 548.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S10°35’ 15”E, 223.57 FEET; THENCE S1°11’ 00”W, 101.15 FEET; THENCE S12°10’ 10”E, 56.30 FEET; THENCE S0°04’ 00”W, 105.50 FEET; THENCE S44°10’ 00”W, 28.12 FEET; THENCE S1°56’ 45”W, 10.40 FEET; TO THE EXISTING UTILITY EASEMENT ALONG THE EASTERLY RIGHT-OF-WAY LINE OF GREEN MEADOWS ROAD AS SHOWN BY SAID GRINDSTONE PLAZA SUBDIVISION; THENCE WITH SAID UTILITY EASEMENT, N88°49’ 40”W, 6.75 FEET; THENCE N1°11’ 00”E, 32.35 FEET; THENCE LEAVING SAID UTILITY EASEMENT, N44°10’ 00”E, 8.65 FEET; THENCE N0°04’ 00”E, 95.25 FEET; THENCE N12°10’ 10”W, 17.52 FEET TO THE EAST LINE OF THE EXISTING FOURTEEN (14) FOOT UTILITY EASEMENT ALONG THE EAST RIGHT-OF-WAY LINE OF GREEN MEADOWS ROAD AS SHOWN BY SAID GRINDSTONE PLAZA SUBDIVISION; THENCE WITH THE LINES OF SAID EXISTING EASEMENT, N1°11’ 00”E, 141.45 FEET; THENCE 210.72 FEET ALONG A 537.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N10°03’ 30”W, 209.37 FEET; THENCE 14.88 FEET ALONG A 10.00-FOOT RADIUS REVERSE CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N21°20’ 10”E, 13.55 FEET; THENCE N63°58’ 20”E, 1.75 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.16 ACRES.

TRACT 2
COMMENCING ON THE NORTH RIGHT-OF-WAY LINE OF GRINDSTONE PARKWAY, 144.36 FEET NORTH OF AND PERPENDICULAR TO CENTERLINE STATION 0+862.5 AS SHOWN BY SAID GRINDSTONE PLAZA SUBDIVISION; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE, N74°02’ 50”E, 24.65 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, N15°57’ 10”W, 20.00 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING N6°08’ 35”W, 19.90 FEET; THENCE N51°08’ 35”W, 45.20 FEET TO THE EAST LINE OF THE EXISTING TWENTY (20) FOOT UTILITY EASEMENT ALONG THE EAST SIDE OF GREEN MEADOWS ROAD AS SHOWN BY SAID GRINDSTONE PLAZA SUBDIVISION; THENCE WITH SAID EAST LINE, N10°55’ 00”W, 8.50 FEET; THENCE N4°32’ 20”W, 19.97 FEET; THENCE LEAVING SAID EAST LINE, S51°08’ 35”E, 73.69 FEET; THENCE S6°08’ 35”E, 24.72 FEET TO THE NORTH LINE OF THE EXISTING TWENTY (20) FOOT UTILITY EASEMENT ALONG THE NORTH SIDE OF GRINDSTONE PARKWAY AS SHOWN BY SAID GRINDSTONE PLAZA SUBDIVISION; THENCE WITH SAID NORTH LINE, S74°02’ 50”W, 20.30 FEET TO THE POINT OF BEGINNING AND CONTAINING 1645 SQUARE FEET.

THF Grindstone Plaza Development, LLC
TEMPORARY CONSTRUCTION EASEMENT
Project:  Clear Creek Pump Station and Force Main Improvement Project
Parcel: 17-701-00-26-001.00 01

AN IRREGULAR TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2871, PAGE 157 AND BEING ACROSS PART OF LOT 1, GRINDSTONE PLAZA SUBDIVISION, RECORDED IN BOOK 40, PAGE 6 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF LOT 2 OF SAID GRINDSTONE PLAZA SUBDIVISION ON THE NORTH RIGHT-OF-WAY LINE OF GRAY OAK DRIVE; THENCE WITH THE RIGHT-OF-WAY LINE OF SAID GRAY OAK DRIVE, N63°58’ 20”E, 119.44 FEET; THENCE S26°01’ 40”E, 66.00 FEET; THENCE S63°58’ 20”W, 72.25 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID RIGHT-OF-WAY LINE, 263.66 FEET ALONG A 608.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S11°14’ 25”E, 261.60 FEET; THENCE S1°11’ 00”W, 220.50 FEET; THENCE S44°10’ 00”W, 80.40 FEET; THENCE S4°35’ 00”E, 240.75 FEET; THENCE N85°25’ 00”E, 110.00 FEET; THENCE S4°35’ 00”E, 186.35 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF GRINDSTONE PARKWAY AS SHOWN BY SAID GRINDSTONE PLAZA SUBDIVISION; THENCE WITH THE LINES OF SAID LOT 1, GRINDSTONE PLAZA SUBDIVISION, S74°02’ 50”W, 88.75 FEET; THENCE N65°54’ 30”W, 30.19 FEET; THENCE N10°55’ 00”W, 68.71 FEET; THENCE N4°32’ 20”W, 329.72 FEET; THENCE N88°49’ 40”W, 22.63 FEET; THENCE N1°11’ 00”E, 312.37 FEET; THENCE 196.20 FEET ALONG A 523.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N9°33’ 45”W, 195.04 FEET; THENCE 44.13 FEET ALONG A 30.00-FOOT RADIUS REVERSE CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N21°49’ 50”E, 40.26 FEET; THENCE N63°58’ 20”E, 57.20 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.01 ACRES, NOT INCLUDING THE AREA WITHIN THE EXISTING AND PROPOSED UTILITY EASEMENTS.

    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 20th day of April, 2009.