Section 110-208; Ord. 20270; Declaring the need to acquire easements relating to reconstruction of the Old Route K Bridge over Hinkson Creek, south of Reactor Park


Ordinance No. 20270                            Council Bill No. B 111-09

     AN ORDINANCE

declaring the need to acquire easements relating to reconstruction of the Old Route K Bridge over Hinkson Creek, south of Reactor 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 for reconstruction of the Old Route K Bridge over Hinkson Creek, south of Reactor Park as follows:

CARL H. ALMOND
PERMANENT STREET EASEMENT

That part of the Grantor's land as described in a warranty deed in Book 389 at Page 51 of the Boone County Records situate in the Northeast Quarter of the Southwest Quarter of Section 24, Township 48 North, Range 13 West, and the Northwest Quarter of the Southwest Quarter of Section 24, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri described as follows:

A permanent street easement beginning at a point 35.49 feet left of the project centerline at Station 46+50.00, thence along a straight line to a point 66.67 feet left of the project centerline at Station 46+51.31, thence along a straight line to a point 83.55 feet left of the project centerline at Station 46+95.00, thence along a straight line to a point 50.49 feet left of the project centerline at Station 49+13.00, thence along a straight line to a point 50.49 feet left of the project centerline at Station 47+50.00, thence along a straight line to the point of beginning, containing 0.13 acres, more or less.

Said centerline described as beginning at Station 42+50.00, which is located North 30°17'15" East, a distance of 2,874.74 feet from the Southwest corner of Section 24, Township 48 North, Range 13 West.

Thence South 20°35'13" West, a distance of 725 feet.

THE CURATORS OF THE UNIVERSITY OF MISSOURI
PERMANENT STREET EASEMENT

Parcel two (2) being that part of the Grantor's land as described in a warranty deed in Book 385 at Page 247 of the Boone County Records in the Northeast Quarter of the Southwest Quarter of Section 24, Township 48 North, Range 13 West, and the Northwest Quarter of the Southwest Quarter of Section 24, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri described as follows:

A permanent street easement beginning at a point 36.22 feet left of the project centerline at Station 44+89.59, thence along a straight line to a point 48.57 feet left of the project centerline at Station 46+04.45, thence along a straight line to a point 66.67 feet left of the project centerline at Station 46+51.31, thence along a straight line to a point 35.49 feet left of the project centerline at Station 46+50.00, thence along a straight line to the point of beginning, containing 0.04 acres, more or less.
Said centerline described as beginning at Station 42+50.00, which is located North 30°17'15" East, a distance of 2,874.74 feet from the Southwest corner of Section 24, Township 48 North, Range 13 West.

Thence South 20°35'13" West, a distance of 725 feet.    

THE CURATORS OF THE UNIVERSITY OF MISSOURI
PERMANENT SIDEWALK EASEMENT

Parcel three (3) being that part of the Grantor's land as described in a warranty deed in Book 287 at Page 4 of the Boone County Records in the Northeast Quarter of the Southwest Quarter of Section 24, Township 48 North, Range 13 West, and the Northwest Quarter of the Southwest Quarter of Section 24, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri, adjacent to said right-of-way as shown on the project plans containing 0.09 acres, more or less described as follows:

A sidewalk easement being all of a tract of land beginning at a point 64.51 feet right of the project centerline at Station 43+00.00, thence along a straight line to a point 69.75 feet right of the project centerline at Station 43+00.00, thence along a straight line to a point 69.75’  right of the project centerline at Station 43+74.36, thence along a straight line to a point 74.43 feet right of the project centerline at Station 44+00.00, thence along a straight line to a point 82.00 feet right of the project centerline at Station 44+00.00, thence along a straight line to a point 82.00 feet right of the project centerline at Station 46+02.00, thence along a straight line to a point 64.51 feet right of the project centerline at Station 46+02.00, thence along a straight line to the point of beginning.

Said centerline described as beginning at Station 42+50.00, which is located North 30°17'15" East, a distance of 2,874.74 feet from the Southwest corner of Section 24, Township 48 North, Range 13 West.

Thence South 20°35'13" West, a distance of 725 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 4th day of May, 2009.