Section 110-377; Ord. 20359; Declaring the need to acquire land for construction of the Hinkson Creek (Greenbriar) Trail Connection Project


Ordinance No. 20359                            Council Bill No. B 206-09

     AN ORDINANCE

declaring the need to acquire land for construction of the Hinkson Creek (Greenbriar) Trail Connection 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 land for construction of the Hinkson Creek (Greenbriar) Trail Connection Project as follows:

MEAN DADDY'S LLC
PARCEL 1
FEE SIMPLE TITLE

LOT 109, GREENBRIAR VILLAGE PLAT 1, as shown on the plat as recorded in Plat Book 39, Page 100, Boone County Records.

MEAN DADDY'S LLC
PARCEL 2
FEE SIMPLE TITLE

LOT 110, GREENBRIAR VILLAGE PLAT 1, as shown on the plat as recorded in Plat Book 39, Page 100, Boone County Records.

MEAN DADDY'S LLC
PARCEL 3
FEE SIMPLE TITLE

LOT 111, GREENBRIAR VILLAGE PLAT 1, as shown on the plat as recorded in Plat Book 39, Page 100, Boone County Records.

DAVID L. AND SANDRA V. BOYLE
PERMANENT TRAIL EASEMENT

All that part of Lot 202, ADMINISTRATIVE PLAT OF GREENBRIAR VILLAGE PLAT 2, a subdivision recorded in Book 3091 at Page 149, in Columbia, Boone County, Missouri. Recorded in Warranty Deed Book 3264 at Page 25 and described as follows; beginning at the most Northerly corner of said Lot 202, at a point 4.06 feet right of the trail centerline, station 16+93.68; thence S49°00’ 40”E, 80.10 feet, along the Northerly line of said Lot 202 and crossing said trail centerline, to a point 7.78 feet left of said trail centerline, station 17+72.29; thence S03°45’ 50”W, 36.15 feet, along the Easterly line of said Lot 202 and crossing said trail centerline, to a point 17.50 feet right of said trail centerline, station 17+98.38; thence N42°42’ 13”W, 99.93 feet, departing said Easterly line  to a point on the West line of said lot 202, a distance of 21.27 feet right of said trail centerline, station 16+91.97; thence N32°33’ 30”E, 18.00 along the Westerly line of said Lot 202 to the point of beginning, and containing 2023 square feet inclusive of 916 square feet of existing sanitary sewer and utility easements.

McCULLEM DEVELOPMENT LLC
PERMANENT TRAIL EASEMENT

All that part of Lot 204, ADMINISTRATIVE PLAT OF GREENBRIAR VILLAGE PLAT 2, a subdivision recorded in Book 3091 at Page 149, in Columbia, Boone County, Missouri. Recorded in Warranty Deed Book 2948 at Page 103 and described as follows; beginning at the most Eastern corner of said Lot 204, at a point 9.91 feet left of the trail centerline, station 23+37.91; thence S10°47’ 50”W, 30.49 feet, along the Easterly line of said Lot 204 and crossing said trail centerline, to a point 15.62 feet right of said trail centerline, station 23+54.44; thence N86°14’ 10”W, 5.91 feet, along the Southerly line of said Lot 204, to a point 19.29 feet right of said trail centerline, station 23+50.47; thence N40°07’ 51”W, 118.59 feet, departing said Southerly line  to a point 21.59 feet right of said trail centerline, station 22+34.84; thence N34°28’ 59”W, 101.10 feet, to a point on the Northeasterly line of said Lot, 15.53 feet right of said trail centerline, station 21+32.54; thence S45°09’ 55”E, 204.87 feet, along the Northeasterly line of said Lot 204 and crossing said trail centerline, to the point of beginning, and containing 3664 square feet inclusive of 1981 square feet of existing sanitary sewer easement.

THAMMARAT LIMSAWAS AND EDWARD D McKINZIE
PERMANENT TRAIL EASEMENT

All that part of Lot 106, GREENBRIAR VILLAGE PLAT 1, a subdivision recorded in Book 39 at Page 100, in Columbia, Boone County, Missouri. Recorded in Quit-Claim Deed Book 3260 at Page 125 and described as follows; beginning at the most Northerly corner of said Lot 106, at a point 7.78 feet left of the trail centerline, station 17+72.29; thence S49°00’ 40”E, 153.89 feet, along the Northeasterly line of said Lot 106 and crossing said trail centerline to a point 16.33 feet right of said trail centerline, station 19+27.60; thence S45°09’ 50”E, continuing along the Northeasterly line of said Lot 106, a distance of 6.69 feet to a point 19.02 feet right of said trail centerline, station 19+33.24; thence N68°12’ 31”W, departing said Northwesterly line, 91.76 feet, to a point 16.12 feet right of said trail centerline, station 18+45.51; thence N46°59’ 29”W, 52.07 feet, to a point on the West line of said Lot 106, a distance of 17.50 feet right of said trail centerline, station 17+98.38; thence N03°45’ 50”E, 36.15 feet, along the Westerly line of said Lot 106 and crossing said trail centerline to the point of beginning, and containing 3205 square feet inclusive of 1435 square feet of existing utility easement.

MOST & P LLC
PERMANENT TRAIL EASEMENT

All that part of a tract of land located in the W ½ of the SW ¼ of Section 24, Township 48, Range 13 in Columbia, Boone County, Missouri as recorded in Warranty Deed Book 1524 at Page 846 and described as follows; beginning at the Western most corner of Lot 1, PROVIDENCE HILL, a recorded subdivision in Columbia, Boone County, Missouri, said point being 11.48 feet left of trail centerline, station 17+96.70; thence N49°06’ 10”W,104.29 feet, along the Northerly line of Lots 202 and 203, ADMINISTRATIVE PLAT OF GREENBRIAR VILLAGE PLAT 2, a subdivision recorded in Book 3091 at Page 149, in Columbia, Boone County, Missouri, and crossing said centerline to a point 4.06 feet right of the trail centerline, station 16+93.68; thence S32°30’ 50”W, 17.80 feet, along the Westerly line of said Lot 202, to a point 21.27 feet right of said trail centerline, station 16+91.97; thence N33°37’ 37”W, departing said Westerly line, 93.33 feet to a point 20.16 feet right, station 16+10.94; thence N08°59’ 07”W, 28.04 feet, to a point 18.33 feet right of said trail centerline, station 15+90.59; thence N01°50’ 29”E, 14.41feet, to a point 19.14 feet right of said trail centerline, station 15+80.11; thence N21°04’ 28”E, 35.85 feet ,to a point on the North line of said tract, 21.55 feet right of said trail centerline, station 15+51.78; thence S63°43’ 10”E, 41.23 feet, along the Northerly line of said tract and crossing said trail centerline, to a point 19.38 feet left of said trail centerline, station 15+46.86; thence S19°56’ 50”W, departing said Northerly line, 39.15 feet to a point 17.54 feet left of said trail centerline, station 16+02.79; thence S37°13’ 29”E, 185.46 feet, to a point on the Southeasterly line of said tract, 17.51 feet left of said trail centerline, station 17+96.70; thence S51°06’ 20”W, along the Southeasterly line of said tract, 6.03 feet to the point of beginning, and containing 7585 square feet.

MOST & P LLC
PERMANENT TRAIL EASEMENT

All that part of Lot 1, PROVIDENCE HILL, a recorded subdivision in Columbia, Boone County, Missouri. Recorded in Warranty Deed Book 1524 at Page 846 and described as follows; beginning at the most Southerly corner of said Lot 1, at a point 31.75 feet right of the trail centerline, station 20+04.77; thence N45°07’ 10”W, 61.79 feet, along the Westerly line of said Lot 1 to a point 16.09 feet right of said trail centerline station 19+27.90; thence N49°06’ 10”W, 71.27 feet, along the Westerly line of said Lot 1 and crossing said trail centerline, to a point 12.29 feet left of said trail centerline, station 18+61.97; thence S78°05’ 39”E, departing said Westerly line, 81.77 feet, to a point 20.40 feet left of said trail centerline, station 19+43.36; thence S60°36’ 12”E, 40.51 feet, to a point 17.92 feet left of said trail centerline, station 19+77.63; thence S40°18’ 42”E, 44.65 feet, to a point on the Southerly line of said Lot 1, a distance of 16.92 feet left of said trail centerline, station 20+18.00; thence S67°18’ 35”W, 50.44 feet, along the Southerly line of said Lot 1 and crossing said trail centerline to the point of beginning, and containing 4827 square feet inclusive of 1315 square feet of existing sanitary sewer easement.

PDP III LLC
PERMANENT TRAIL EASEMENT

All that part of Lot 300, PROVIDENCE VILLAGE PLAT 1-C, a recorded subdivision in Columbia, Boone County, Missouri. Recorded in Warranty Deed Book 2848 at Page 85 and described as follows; beginning at the most Westerly corner of said Lot 300, at a point 31.75 feet right of the trail centerline, station 20+04.77; thence N67°18’ 35”E, 50.44 feet, along the Northerly line of said Lot 300 and crossing said trail centerline, to a point 16.92 feet left of said trail centerline, station 20+18.00; thence S38°10’ 58”E, departing said Northerly line, 325.84 feet, to a point on the South line of said Lot, 17.25 feet left of said trail centerline, station 23+46.73; thence N88°21’ 10”W, along said South line,10.62 feet, to a point 16.92 feet left of said trail centerline, station 20+18.00; thence N45°07’ 10”W, 334.97 feet, along the Westerly line of said Lot 300 and crossing said trail centerline, to the point of beginning, and containing 9137 square feet inclusive of 3356 square feet of existing sanitary sewer easement.

    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 3rd day of August, 2009.