Section 110-654; Ord. 20506; Declaring the need to acquire easements necessary to construct Sewer District No. 164 (Manor Drive)


Ordinance No. 20506                            Council Bill No. B 359-09

     AN ORDINANCE

declaring the need to acquire easements necessary to construct Sewer District No. 164 (Manor Drive); 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 Sewer District No. 164 (Manor Drive) described as follows:

Kenneth D. Jones and Nancy R. Jones, husband and wife
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-508-00-01-046

An irregular shaped parcel of land in the southeast corner of a tract of land described in a warranty deed in Book 385 at Page 696, said tract being Lot 4 of A Revision of Houdersheldt Subdivision as recorded in Plat Book 5 at Page 32A, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.86°53’ 55”W., 27.60 feet; thence leaving said line N.0°26’ 25”W., 9.47 feet; thence N.89°38’ 00”E., 27.53 feet to the east line of said lot; thence along said east line S.0°31’ 10”E., 11.14 feet to the POINT OF BEGINNING and containing 284 square feet inclusive of 196 square feet of platted utility easement.

Kenneth D. Jones and Nancy R. Jones, husband and wife
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-508-00-01-046

An irregular shaped parcel of land in the south and east parts of a tract of land described in a warranty deed in Book 385 at Page 696, said tract being Lot 4 of A Revision of Houdersheldt Subdivision as recorded in Plat Book 5 at Page 32A, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the southeast corner of said lot; thence along the south line of said lot N.86°53’ 55”W., 139.02 feet to the southwest corner of said lot; thence along the west line of said lot, said west line also being the east right-of-way line of Manor Drive, N.0°33’ 05”W., 4.35 feet; thence leaving said west line N.89°33’ 35”E., 62.82 feet; thence N.0°26’ 25”W., 6.96 feet; thence N.89°33’ 35”E., 21.46 feet; thence N.0°26’ 25”W., 44.03 feet; thence N.89°33’ 35”E., 54.40 feet to the east line of said lot; thence along said east line S.0°31’ 10”E., 63.94 feet to the POINT OF BEGINNING and containing 3,841 square feet inclusive of 1,082 square feet of platted utility easement and exclusive of permanent sanitary sewer easement granted this date.

Pamela K. Roe, a single person
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-508-00-01-045

An irregular shaped parcel of land in the northeast corner of a tract of land described in a warranty deed in Book 2718 at Page 144, said tract being Lot 5 of A Revision of Houdersheldt Subdivision as recorded in Plat Book 5 at Page 32A, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0°31’ 10”E., 4.86 feet; thence leaving said line S.89°38’ 00”W., 27.55 feet; thence N.0°26’ 25”W., 6.53 feet to the north line of said lot; thence along said north line S.86°53’ 55”E., 27.60 feet to the POINT OF BEGINNING and containing 154 square feet inclusive of 140 square feet of platted utility easement.

Pamela K. Roe, a single person
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-508-00-01-045

An irregular shaped parcel of land in the north and east parts of a tract of land described in a warranty deed in Book 2718 at Page 144, said tract being Lot 5 of A Revision of Houdersheldt Subdivision as recorded in Plat Book 5 at Page 32A, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri; said parcel being described as follows:

BEGINNING at the northeast corner of said lot; thence along the east line of said lot S.0°31’ 10”E., 37.06 feet; thence leaving said line S.89°33’ 35”W., 67.68 feet; thence N.0°26’ 25”W., 26.47 feet; thence S.89°33’ 35”W., 8.33 feet; thence N.0°26’ 25”W., 3.53 feet; thence S.89°33’ 35”W., 62.78 feet to the west line of said lot; thence along said west line, said line also being the east right-of-way line of Manor Drive, N.0°33’ 05”W., 15.65 feet to the northwest corner of said lot; thence along the north line of said lot S.86°53’ 55”E., 139.02 feet to the POINT OF BEGINNING and containing 3,477 square feet inclusive of 871 square feet of platted utility easement and exclusive of permanent sanitary sewer easement granted this date.

Mary L. Snell, a single person
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-605-00-05-003

The south eight (8) feet of a tract of land described in a warranty deed in Book 1488 at Page 155, said tract being Lot 16 of Maplewood Subdivision as recorded in Plat Book 4 at Page 51, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,178 square feet.

Mary L. Snell, a single person
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-605-00-05-003

The south ten (10) feet of a tract of land described in a warranty deed in Book 1488 at Page 155, said tract being Lot 16 of Maplewood Subdivision as recorded in Plat Book 4 at Page 51, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 295 square feet exclusive of permanent sanitary sewer easement granted this date.

Janet Bezler, a single person
PERMANENT SANITARY SEWER EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-605-00-05-004

The north eight (8) feet of a tract of land described in a warranty deed in Book 1574 at Page 741, said tract being Lot 17 of Maplewood Subdivision as recorded in Plat Book 4 at Page 51, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 1,178 square feet.

Janet Bezler, a single person
TEMPORARY CONSTRUCTION EASEMENT
Project: Sewer District 164 (Manor Drive)
Parcel: 16-605-00-05-004

The north ten (10) feet of a tract of land described in a warranty deed in Book 1574 at Page 741, said tract being Lot 17 of Maplewood Subdivision as recorded in Plat Book 4 at Page 51, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 295 square feet exclusive of permanent sanitary sewer easement granted this date.

    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 21st day of December, 2009.