Section 110-378; Ord. 20360; Declaring the need to acquire easements for construction of the Garth Extension MKT Connector Project


Ordinance No. 20360                            Council Bill No. B 207-09

     AN ORDINANCE

declaring the need to acquire easements for construction of the Garth Extension MKT Connector 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 easements for construction of the Garth Extension MKT Connector Project as follows:

SIGMA ALPHA EPSILON
PERMANENT EASEMENT-NORTH

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 NORTH, RANGE 13 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 203, PAGE 177, RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, WELCH ADDITION TO COLUMBIA, AS SHOWN ON THE SURVEY RECORDED IN BOOK 279, PAGE 388, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF LATHROP ROAD; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE, S89°06’ 35”E, 110.4 FEET TO THE EAST LINE OF TRACT C OF SAID SURVEY RECORDED IN BOOK 279, PAGE 388, SAID POINT ALSO LYING ON THE WEST LINE OF THE DEED RECORDED IN BOOK 203, PAGE 177; THENCE WITH SAID WEST LINE, S0°53’ 25”W, 27.87 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID WEST LINE, N88°29’ 45”E, 11.80 FEET; THENCE 73.23 FEET ALONG A 56.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S54°02’ 30”E, 68.12 FEET; THENCE S°16’ 34’ 45”E, 25.09 FEET; THENCE 18.76 FEET ALONG A 19.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S44°51’ 30”E, 18.00 FEET; THENCE S73°08’ 15”E, 39.56 FEET; THENCE N16°51’ 45”E, 4.00 FEET; THENCE S73°08’ 15”E, 6.26 FEET; THENCE 2.74 FEET ALONG A 60.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S71°49’ 45”E, 2.74 FEET; THENCE S16°51’ 45”W, 4.00 FEET; THENCE 45.66 FEET ALONG A 56.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S46°58’ 15”E, 44.41 FEET; THENCE S23°36’ 40”E, 18.56 FEET; THENCE 15.62 FEET ALONG A 44.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S33°46’ 40”E, 15.53 FEET; THENCE S43°56’ 40”E, 21.11 FEET; THENCE 20.63 FEET ALONG A 44.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S57°22’ 30”E, 20.44 FEET; THENCE S 70°48’ 20”E, 18.78 FEET; THENCE 5.10 FEET ALONG A 94.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S72°21’ 35”E, 5.10 FEET; THENCE S73°54’ 45”E, 34.59 FEET; THENCE 41.70 FEET ALONG A 44.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N78°56’ 05”E, 40.16 FEET; THENCE N38°13’ 00”W, 4.00 FEET; THENCE N51°47’ 00”E, 36.85 FEET; THENCE 26.84 FEET ALONG A 30.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N77°25’ 05”E, 25.96 FEET; THENCE S76°56’ 50”E, 6.58 FEET; THENCE 36.21 FEET ALONG A 30.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S42°22’ 05”E, 34.05 FEET; THENCE S7°47’ 15”E, 2.04 FEET; THENCE 34.09 FEET ALONG A 30.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S24°46’ 10”W, 32.29 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE MKT TRAIL; THENCE WITH SAID RIGHT-OF-WAY LINE, S71°33’ 20”W, 74.55 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, N50°45’ 20”E, 23.75 FEET; THENCE 18.52 FEET ALONG A 110.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N55°34’ 45”E, 18.50 FEET; THENCE N60°24’ 05”E, 29.69 FEET; THENCE 11.90 FEET ALONG A 10.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N26°18’ 25”E, 11.21 FEET; THENCE N7°47’ 15”W, 2.04 FEET; THENCE 12.07 FEET ALONG A 10.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD N42°22’ 05”W, 11.35 FEET; THENCE N76°56’ 50”W, 6.58 FEET; THENCE 8.95 FEET ALONG A 10.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S77°25’ 05”W, 8.65 FEET; THENCE S51°47’ 00”W, 36.85 FEET; THENCE N38°13’ 00”W, 4.00 FEET; THENCE 53.08 FEET ALONG A 56.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S78°56’ 05”W, 51.11 FEET; THENCE N73°54’ 45”W, 34.59 FEET; THENCE 5.75 FEET ALONG A 106.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD N72°21’ 35”W, 5.75 FEET; THENCE N70°48’ 20”W, 18.78 FEET; THENCE 26.25 FEET ALONG A 56.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N57°22’ 30”W, 26.01 FEET; THENCE N43°56’ 40”W, 21.11 FEET; THENCE 19.87 FEET ALONG A 56.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N33°46’ 40”W, 19.77 FEET; THENCE N23°36’ 40”W, 18.56 FEET; THENCE 38.03 FEET ALONG A 44.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N48°22’ 25”W, 36.86 FEET; THENCE N73°08’ 15”W, 45.82 FEET; THENCE 30.60 FEET ALONG A 31.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N44°51’ 30”W, 29.37 FEET; THENCE N16°34’ 45”W, 25.09 FEET; THENCE 57.54 FEET ALONG A 44.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N54°02’ 30”W, 53.53 FEET; THENCE S88°29’ 45”W, 12.30 FEET TO THE WEST LINE OF THE DEED RECORDED IN BOOK 203, PAGE 177; THENCE WITH SAID WEST LINE, N0°53’ 25”E, 12.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 7,909 SQUARE FEET.  

SIGMA ALPHA EPSILON
TEMPORARY CONSTRUCTION EASEMENT-NORTH

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 NORTH, RANGE 13 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 203, PAGE 177, RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, WELCH ADDITION TO COLUMBIA, AS SHOWN ON THE SURVEY RECORDED IN BOOK 279, PAGE 388, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF LATHROP ROAD; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE, S89°06’ 35”E, 110.4 FEET TO THE EAST LINE OF TRACT C OF SAID SURVEY RECORDED IN BOOK 279, PAGE 388, SAID POINT ALSO LYING ON THE WEST LINE OF THE DEED RECORDED IN BOOK 203, PAGE 177; THENCE WITH SAID WEST LINE, S0°53’ 25”W, 17.14 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID WEST LINE, S88°54’ 55”E, 105.41 FEET; THENCE S1°05’ 05”W, 79.94 FEET; THENCE S72°42’ 10”E, 56.88 FEET; THENCE S19°55’ 55”E, 56.77 FEET; THENCE S46°55’ 40”E, 48.60 FEET; THENCE S87°38’ 35”E, 94.55 FEET; THENCE N53°35’ 10”E, 39.25 FEET; THENCE N84°30’ 55”E, 23.39 FEET; THENCE S64°58’ 40”E, 39.91 FEET; THENCE S18°26’ 40”E, 34.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE MKT TRAIL; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE, S71°33’ 20”W, 116.96 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, N18°26’ 40”W, 16.22 FEET; THENCE N71°53’ 15”W, 88.90 FEET; THENCE N48°36’ 00”W, 118.09 FEET; THENCE S73°15’ 50”W, 59.88 FEET TO THE LINES OF THE DEED RECORDED IN BOOK 203, PAGE 177; THENCE WITH SAID DEED LINES, N20°06’ 35”W, 120.16 FEET; THENCE N89°06’ 35”W, 22.00 FEET; THENCE N0°53’ 25”E, 32.86 FEET TO THE POINT OF BEGINNING AND CONTAINING 15,960 SQUARE FEET NOT INCLUDING THE AREA OF THE PERMANENT TRAIL EASEMENT CONTAINED WITHIN THIS TEMPORARY CONSTRUCTION EASEMENT.

CURATORS OF THE UNIVERSITY OF MISSOURI
PERMANENT EASEMENT-SOUTH

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 NORTH, RANGE 13 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 268, PAGE 216, RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS:

COMMENCING AT A RAILROAD IRON SET IN THE CENTER OF THE RAILROAD TRACK AS SHOWN BY GRASSLANDS SUBDIVISION BLOCK NO. 8 AS RECORDED IN PLAT BOOK 10, PAGE 207, AND MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE S81°28’ 35”E, 63.31 FEET ALONG THE EAST AND WEST SUBDIVISION LINE OF SAID SECTION TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND CONTINUING ALONG SAID EAST AND WEST SUBDIVISION LINE OF SAID SECTION, S81°28’ 35”E, 78.19 FEET TO A POINT; THENCE LEAVING SAID EAST WEST LINE, N39°33’ 30” W, 56.25 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE M.K. & T RAILROAD; THENCE WITH SAID RIGHT-OF-WAY LINE, S52°33’ 20”W, 52.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,469 SQUARE FEET.

CURATORS OF THE UNIVERSITY OF MISSOURI
TEMPORARY CONSTRUCTION EASEMENT-SOUTH

A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 NORTH, RANGE 13 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING ACROSS PART OF THE TRACT DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 268, PAGE 216, RECORDS OF BOONE COUNTY AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS:

COMMENCING AT A RAILROAD IRON SET IN THE CENTER OF THE RAILROAD TRACK AND MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE S81°28’ 35”E, 63.31 FEET ALONG THE EAST AND WEST SUBDIVISION LINE OF SAID SECTION TO A POINT; THENCE CONTINUING WITH SAID LINE, S81°28’ 35”E, 78.19 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND CONTINUING WITH SAID LINE, S81°28’ 35”E,  40.00 FEET TO A POINT; THENCE N8°31’ 20”E, 23.51 FEET TO A POINT; THENCE N81°28’ 35”W, 31.59 FEET TO A POINT; THENCE S50°26’ 30”W, 23.11 FEET TO A POINT ON THE PERMANENT TRAIL EASEMENT GRANTED THIS DATE; THENCE S39°33’ 30”E, 9.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 951 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 3rd day of August, 2009.