Section 110-416; Ord. 20379; Declaring the need to acquire easements for construction of sidewalks on the north side of West Broadway, between Stadium Boulevard and Fairview Road


Ordinance No. 20379                            Council Bill No. B 226-09

     AN ORDINANCE

declaring the need to acquire easements for construction of sidewalks on the north side of West Broadway, between Stadium Boulevard and Fairview Road; 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 sidewalks on the north side of West Broadway, between Stadium Boulevard and Fairview Road as follows:

Kids Depot, Inc.
TEMPORARY CONSTRUCTION EASEMENT
Parcel # 16-204-00-07-001.00 01

A portion of Lot 1 of Off Broadway Subdivision Plat 1 as recorded in Plat Book 16 at Page 17 and as called for by a Warranty Deed recorded in Book 1138 at Page 802, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Starting at the southeast corner of Lot of Off Broadway Subdivision Plat 1; Thence with the south line of said Lot 1, N84°13’ 45”W, 25.0 feet to the Point of Beginning; Thence continuing with the south line, N84°13’ 45”W, 45.0 feet; Thence N5°46’ 15”E, 12.0 feet; Thence S84°13’ 45”E, 45.0 feet; Thence S5°46’ 15”W, 12.0 feet to the Point of Beginning and containing 540 square feet and including 450 square feet of platted utility easement.

Off Broadway Condominium Association, Inc.
PERMANENT STREET EASEMENT
Parcel # 16-204-00-06-001.00 01

The southernmost 20.0 feet of a tract of land shown by a survey recorded in Book 479 at Page 884 and as described by a Warranty Deed recorded in Book 998 at Page 457, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri and containing 1004 square feet.

The Broadway Christian Church
PERMANENT STREET EASEMENT
Parcel # 16-204-00-05-003.00 01

A portion of Tracts 3, 4, 5, and 6 of Boone County Survey #7642 as described by Warranty Deeds recorded in Book 293 at Pages 500 and 501, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Starting at the west line of Tract 3 of Boone County Survey #7642 and the north right-of-way line of State Route TT or Broadway; Thence with the right-of-way line, S84°13’ 45”E, 99.95  feet to east line of a tract of land described by a warranty deed recorded in Book 659 at Page 389, said point being the Point of Beginning; Thence with the east line of said tract, N0°53’ 45”E, 13.05 feet to line 13.0 feet north of and parallel to the existing right-of-way line; Thence S84°13’ 45”E, 190.0 feet; Thence N5°46’ 15”E, 7.0 feet; Thence S84°13’ 45”E, 16.0 feet; Thence S5°46’ 15”W, 7.0 feet; Thence S84°13’ 45”E, 120.0 feet; Thence S5°46’ 15”W, 3.5 feet; Thence S84°13’ 45”E, 441.19 feet to the west right-of-way line of Heather Lane; Thence with the west right-of-way line, S8°56’ 35”W, 9.52 feet to the north right-of-way line of State Route TT or Broadway; Thence with the north right-of-way line, N84°13’ 45”W, 765.55 feet to the Point of Beginning and containing 8536 square feet.

The Broadway Christian Church
PERMANENT DRAINAGE EASEMENT
Parcel # 16-204-00-05-003.00 01

An 11.0-foot strip of land over a portion of Tracts 3, 4, 5, and 6 of Boone County Survey #7642 as described by Warranty Deeds recorded in Book 293 at Pages 500 and 501, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri, the centerline of which is described as follows:

Starting at the west line of Tract 3 of Boone County Survey #7642 and the north right-of-way line of State Route TT or Broadway; Thence with the right-of-way line, S84°13’ 45”E, 99.95  feet to east line of a tract of land described by a warranty deed recorded in Book 659 at Page 389; Thence continuing with the right-of-way line, S84 °13’ 45”E, 420.92 feet; Thence N5°46’ 15”E, 9.5 feet to the Point of Beginning; Thence continuing N5°46’ 15”W, 66.5 feet and containing 732 square feet, including 149 square feet of temporary construction easement.

The Broadway Christian Church
TEMPORARY CONSTRUCTION EASEMENT
Parcel # 16-204-00-05-003.00 01

A portion of Tracts 3, 4, 5, and 6 of Boone County Survey #7642 as described by Warranty Deeds recorded in Book 293 at Pages 500 and 501, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri, the south line and width of which is described as follows:

Starting at the west line of Tract 3 of Boone County Survey #7642 and the north right-of-way line of State Route TT or Broadway; Thence with the right-of-way line, S84°13’ 45”E, 99.95  feet to east line of a tract of land described by a warranty deed recorded in Book 659 at Page 389; Thence with the east line of said tract, N0°53’ 45”E, 13.05 feet to the Point of Beginning; Thence continuing with the east line of said tract, N0°53’ 45”E, 5.52 feet; Thence S84°13’ 45”E, 176.0  feet; Thence N5°46’ 15”E, 4.5 feet; Thence S84°13’ 45”E, 252.0  feet; Thence S5°46’ 15”W, 6.0 feet; Thence S84°13’ 45”E, 340.07 feet to the west right-of-way line of Heather Lane; Thence S8°56’ 30”W, 7.51 feet; Thence N84°13’ 45”W, 441.19 feet; Thence N5°46’ 15”E, 3.5 feet; Thence N84°13’ 45”W, 120.0 feet; Thence N5°46’ 15”E, 7.0 feet; Thence N84°13’ 45”W, 16.0 feet; Thence S5°46’ 15”W, 7.0 feet; Thence N84°13’ 45”W, 190.0 feet to the Point of Beginning and containing 6278 square feet and including 149 square feet of permanent drainage easement.

BACM 2001-1 Columbia Apartments, LLC
PERMANENT STREET EASEMENT
Parcel # 16-204-00-12-001.00-01

A portion of a tract of land shown by a survey recorded in Book 861 at Page 105 and described by a Warranty Deed recorded in Book 3415 at Page 112, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Beginning at the southwest corner of said survey being the intersection of north right-of-way line of State Route TT or Broadway and the east right-of-way line of Heather Lane; Thence with the east right-of-way line of Heather Lane, N0°39’ 30”E, 12.05 feet to a line that is 12.0 feet north of parallel with the north right-of-way line of State Route TT; Thence parallel with State Route TT, S84°13’ 45”E, 85.14 feet; Thence S79°09’ 30”E, 101.79 feet to a line that is 3.0 feet north of and parallel with State Route TT; Thence parallel with State Route TT, S84°13’ 45”E, 198.02 feet to the east line of the survey recorded in Book 861 at Page 105; Thence with the east line of said survey, S0°43’ W, 3.01 feet to the north right-of-way line of State Route TT; Thence N84°13’ 45”W, 383.74 feet to the Point of Beginning and containing 2370 square feet.

BACM 2001-1 Columbia Apartments, LLC
TEMPORARY CONSTRUCTION EASEMENT
Parcel # 16-204-00-12-001.00-01

A portion of a tract of land shown by a survey recorded in Book 861 at Page 105 and described by a Warranty Deed recorded in Book 3415 at Page 112, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Starting at the southwest corner of said survey being the intersection of north right-of-way line of State Route TT or Broadway and the east right-of-way line of Heather Lane; Thence with the east right-of-way line of Heather Lane, N0°39’ 30”E, 12.05 feet to a line that is 12.0 feet north of parallel with the north right-of-way line of State Route TT, said point being the Point of Beginning; Thence continuing N0°39’ 30”E, 7.03 feet; Thence S84°13’ 45”E, 204.0 feet; Thence S5°46’ 15”W, 7.0 feet; Thence S84°13’ 45”E, 180.38 feet to the east line of said survey; Thence with the east line, S0°43’ W, 9.04 feet; Thence N84°13’ 45”W, 198.02  feet; Thence N79°09’ 30”W, 101.79 feet; Thence N84°13’ 45”W, 85.14 feet to the Point of Beginning and containing 3661 square feet.
 
2309, LLC
PERMANENT STREET EASEMENT
Parcel # 16-204-00-05-001.00 01

The south 3.0 feet of Tract 9 of Boone County Survey #7642 as described by a Warranty Deed recorded in Book 2142 at Page 544, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri and containing 666 square feet.  

2309, LLC
TEMPORARY CONSTRUCTION EASEMENT
Parcel # 16-204-00-05-001.00 01

The north 9.0 feet of the south 12.0 feet of Tract 9 of Boone County Survey #7642 as described by a Warranty Deed recorded in Book 2142 at Page 544, located in the southwest quarter of section 10, township 48 north, range 13 west, Columbia, Boone County, Missouri and containing 1997 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 17th day of August, 2009.