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HomeMy Public PortalAboutORD11204 BILL NO. 88-192 SPONSORED BY COUNCILMAN MASON ORDINANCE //IP-0`V AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FOR USE IN CONJUNCTION WITH THE SEVEN HILLS ROAD PROJECT INCL17DING THE USE OF THE POWER OF EMINENT DOMAIN. WHEREAS, THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, HAS ADOPTED A PLAN FOR THE ACQUISITION OF CERTAIN PROPERTIES HEREINAFTER LEGALLY DESCRIBED, FOR STREET AND UTILITY PURPOSES, AND FOR THE PAYMENT OF THE SAME. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. That it is hereby determined that improvements be made to Seven Hills Road between Greenberry road and Bald Hill Road, for the purpose of improving safety and convenience of the public and that said roadway be realigned and constructed in a manner necessary and convenient for public use. Section 2. That it is hereby determined that it is necessary and desirable that the City shall acquire title to and possession of the following described real property which said real property ® is necessary, required and needed for right of way and utility easement for Seven Hills Road Project and lying adjacent or within the limits of the City of Jefferson, to wit: Part of the Southwest Fractional Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: BEGINNING at a point on the South Line of Seven Hills Road, said point being 454.84 feet West of the East Line of the Southwest Quarter of said Section 20, and also the Northwest corner of a tract as described in Book 224, Page 30, of the Cole County Recorder's Office; thence S86 016139 11W along the South Line of said Seven Hills Road, 717.07 feet to the Northeast corner of a parcel as described in Book 299, Page 131, of the Cole County Recorder's Office; thence leaving the South Line of said Seven Hills Road on a bearing of S06 037134 11W and along the East Line of said parcel in Book 299, Page 131, 126. 58 feet; thence leaving said East Line on a bearing of N86 018110 11E, 698.30 feet to the West Line of the aforementioned parcel in Book 224, Page 30; thence N14 040124 11E along said West Line, 131. 55 feet to the POINT OF BEGINNING. Containing in all, 2. 026 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. 1 ® ALSO, a temporary construction easement across a part of the Southwest Fractional Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From a point on the South Line of Seven Hills Road, said point being 454.84 feet West of the East Line of the Southwest Quarter of said Section 20, and also the Northwest corner of a tract as described in Book 224, Page 30, of the County Recorder's Office; thence S86 016139 11W along the South Line of said Seven Hills Road, 717.07 feet to the Northeast corner of a parcel as described in Book 299, Page 131, of the Cole County Recorder's Office; thence leaving the South Line of said Seven Hills Road on a bearing of S06 0 37134 11W and along the East Line of said parcel in Book 299, Page 131, 126.58 feet to the POINT OF BEGINNING for this description; thence leaving said East Line on a bearing of N86 0 18110 11E, 698. 30 feet to the West Line of the aforementioned parcel in Book 224, Page 30; thence S14 040124 11W along said WEst Line, 15.80 feet; thence leaving said West Line on a bearing of S86 0 18110 11W, 325. 23 feet; thence S03 0 41150 11E, 165. 00 feet; thence S86 0 18110 11W, 50.00 feet; thence N09 042110 11W, 115. 64 feet; thence N84 0 06112 11W, 150. 00 feet; thence NO3 041150 11W, 25. 00 feet; thence S86 0 18110 11W, 50.00 feet; thence S60 0 29119 11W, 135.00 feet to a point on the aforementioned East Line of a parcel as described in Book 299, Page 131; thence N06 0 37134 11E along said East Line, 75.00 feet to the POINT OF BEGINNING. ® Containing in all, 0. 661 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. (owners: Kenneth K. Johnson and Dean P. Johnson, husband and wife) Part of a parcel as described in Book 298, Page 761, of the Cole County Recorder's Office, said parcel being a part of the West Half of the Southeast Quarter and part of the East Half of the Southeast Quarter, all in Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 20; thence Westerly along the Quarter Quarter Section Line, 191.40 feet to the Westerly Line of said parcel in said Book 298, Page 761; thence Northwesterly along the Westerly Line of said parcel, 557.55 feet to the POINT OF BEGINNING for this description; thence continuing N17 054159 11W along said Westerly Line, 101.94 feet to the Southerly Line of a parcel as described in Book 254, page 767, of the Cole County Recorder' s Office; thence leaving said Westerly Line on a bearing of N85 0 26107 11E along the Southerly Line of said parcel in said Book 254, Page 767, 339 . 11 feet; thence continuing N81 0 03125 11E along said Southerly Line, 131.92 feet to a point on the Easterly Line • of said parcel in said Book 298, Page 761; thence leaving said 2 Aft Southerly Line on a bearing of S03 04414511E along said Easterly IV Line, 60.24 feet; thence leaving said Easterly Line on a bearing of S73°39'31"W, 260.06 feet; thence S86°38 '53"W, 191.71 feet to the POINT OF BEGINNING. Containing in all, 0.936 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. ALSO, a drainage outlet/utility easement across part of a parcel as described in Book 298, Page 761, of the Cole County Recorder's Office, said parcel being a part of the West Half of the Southeast Quarter and a part of the East Half of the Southeast Quarter, all in Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 20; thence Westerly along the Quarter Quarter Section Line, 191.40 feet to the Westerly Line of said parcel in said Book 298, Page 761; thence Northwesterly along the Westerly Line of said parcel, 557.55 feet; thence leaving said Westerly Line on a bearing of N86 038153 11E, 155.83 feet to the POINT OF BEGINNING for this description; thence continuing N86 038053 11E, 35. 88 feet; thence N73°39131"E, 56. 10 feet; thence S52 046118 11W, 161. 61 feet; thence N37°13 '42"W, 40.00 feet; thence N52°46' 18"E, 79.41 feet to the point of BEGINNING. Containing in all, 0.105 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. ALSO, a temporary construction easement across part of a parcel as described in Book 298, Page 761, of the Cole County Recorder's Office, said parcel being a part of the West Half of the Southeast Quarter and a part of the East Half of the Southeast Quarter, all in Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 20; thence Westerly along the Quarter Quarter Section Line, 191. 40 feet to the Westerly Line of said parcel in said Book 298, Page 761; thence Northwesterly along the Westerly Line of said parcel, 557.55 feet to the POINT OF BEGINNING for this description; thence leaving said Westerly Line on a bearing of N86 038153 11E, 191.71 feet; thence N73 039131 11E, 260.06 feet to a point on the Easterly Line of said parcel in Book 298, Page 761; thence S03 044145 11E along said Easterly Line, 114. 86 feet; thence leaving said Easterly Line on a bearing of S85 025138 11W, 218.00 feet; thence S69 021102 11W, 205. 50 feet to a point on the aforementioned Westerly Line of said parcel ; thence N17 054159 11W along said Westerly Line, 126.21 feet to the POINT OF BEGINNING. Containing in all, 0.921 acres. Bearings are based on Central Missouri Professional Services, Inc. S Job No. 84-71. 3 (owner: Dale J. Rackers, a single person) Part of the Southeast Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 20; thence South along the Quarter Quarter Section Line, 183.77 feet; thence Easterly, 371.95 feet to the Southeast corner of a parcel as described in Book 298, Page 762, of the Cole County Recorder's Office; thence Northerly along the East Line of said parcel, 812.95 feet; thence continuing NO3 0 59112 11W along said East Line, 32. 16 feet; thence leaving said East Line on a bearing of S81 003125 11W, 200.80 feet to a point on the West Line of said parcel, the POINT OF BEGINNING for this description; thence S03 044145 11E along said West Line, 65.70 feet; thence leaving said West Line on a bearing of S86 015115 11W, 60.00 feet to the East Line of a parcel as described in Book 298, Page 761, of the Cole County Recorder's Office; thence NO3°44 '45"W along said East Line, 60.24 feet; thence leaving said East Line on a bearing of N81 003125 11E, 60.25 feet to the POINT OF BEGINNING. Containing in all, 0. 087 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. ® ALSO, a temporary construction easement across part of the Southeast Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 20; thence South along the Quarter Quarter Section Line, 183 .77 feet; thence Easterly, 371.95 feet to the Southeast corner of a parcel as described in Book 298, Page 762, of the Cole County Recorder's Office; thence Northerly along the East Line of said parcel, 812.95 feet; thence continuing NO3 0 59112 11W along said East Line, 32. 16 feet; thence leaving said East Line on a bearing of S81 003125 11W, 200. 80 feet to a point on the West Line of said parcel; thence S03 044145 11E along said West Line, 65.70 feet to the POINT OF BEGINNING for this description; thence leaving said West Line on a bearing of S86 015115 11W, 60.00 feet to the East Line of a parcel as described in Book 298, Page 761, of the Cole County Recorder's Office; thence S03 044145 11E along said East Line, 60.24 feet; thence leaving said East Line on a bearing of N86 015115 11E, 60.00 feet to the aforementioned West Line of said parcel in Book 298, Page 762 ; thence NO3 044145 11W along said West Line, 140. 00 feet to the POINT OF BEGINNING. Containing in all, 0. 193 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. • 4 ® (owners: Rodney L. Henry and Diana M. Henry, husband and wife, and Dale J. Rackers, a single person) Part of a parcel as described in Book 298, Page 762, of the Cole County Recorder's Office, said parcel being a part of the Southeast Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 20, thence South along the Quarter Quarter Section Line, 183.77 feet; thence Easterly, 371.95 feet to the Southeast corner of said parcel in Book 298, Page 762 ; thence North along the East Line of said parcel, 812.95 feet to the POINT OF BEGINNING for this description; thence continuing NO3°59112 11W along said East Line, 32.16 feet; thence leaving said East Line on a bearing of S81 003125 11W, 200.80 feet to a point on the West Line of said parcel, thence S03 044145 11E along said West Line, 65.70 feet; thence leaving said West Line on a bearing of N71 045138 11E, 206. 69 feet to the POINT OF BEGINNING. Containing in all, 0. 225 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. (owners: Rodney L. Henry and Diana M. Henry, husband and wife. ) ® Part of a parcel as described in Book 244, Page 969, of the Cole County Recorder's Office, and being a part of Outlot No. 109, of the City of Jefferson, Missouri; being more particularly described as follows: From the Northwesterly corner of said Outlot No. 109; thence S36 0 29146 11W along the Westerly Line of said Outlot No. 109, 182 . 16 feet to the most Westerly corner of said parcel in Book 244, Page 969; thence S28 025130 11E along the Westerly Line of said parcel, 525.79 feet to the POINT OF BEGINNING for this description; thence continuing S28 025130 11E along said Westerly Line, 93.72 feet to the Southwest corner of said parcel in Book 244, Page 969; thence N86 0 18110 11E along the South Line of said parcel, 430.80 feet; thence leaving the South Line of said parcel on a bearing of N69 0 08118 11W, 214.43 feet; thence S85 028012 11W, 275.00 feet to the POINT OF BEGINNING. Containing in all, 0.711 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. ALSO, a drainage/utility easement across a part of a parcel as described in Book 244 , Page 969, of the Cole County Recorder's Office, and being a part of Outlot No. 109, of the City of Jefferson, Missouri; being more particularly described as follows: From the Northwesterly corner of said Outlot No. 109; thence 5 S36029146 11W along the Westerly Line of said Outlot No. 109, 182. 16 feet to the most Westerly corner of said parcel in Book 244, Page 969; thence S28025130 11E along the Westerly Line of said parcel, 525. 79 feet; thence leaving said Westerly Line on a bearing of N85028112 11E, 237.23 feet to the POINT OF BEGINNING for this description; thence continuing N85028112 11E, 37.77 feet; thence S69008118 11E, 14 .72 feet; thence N36028114 11W, 51.08 feet; thence S53031146 11W. 40. 00 feet; thence S36028114 11E, 18.71 feet to the POINT OF BEGINNING. Containing in all, 0. 029 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. ALSO, a temporary construction easement across a part of a parcel as described in Book 244, Page 969, of the Cole County Recorder's Office, and being a part of Outlot No. 109, of the City of Jefferson, Missouri; being more particularly described as follows: From the Northwesterly corner of said Outlot No. 109; thence S36 0 29146 11W along the Westerly Line of said Outlot No. 109, 182. 16 feet to the most Westerly corner of said parcel in Book 244, Page 969; thence S28 025130 11E along the Westerly Line of said parcel, 619. 51 feet to the Southwest corner of said parcel; thence N86°18 ' 10 11E along the South Line of said parcel, 465.80 feet to the POINT OF BEGINNING for this description; thence continuing N86 0 18110 11E along said South Line, 40. 00 feet; thence leaving said ® South Line on a bearing of N2502910311W, 70. 00 feet; thence S450181 5611W, 50.00 feet; thence S40°04 ' 26"E, 40.00 feet to the POINT OF BEGINNING. Containing in all, 0. 053 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. (owners: James E. Whaley and Ann I. Whaley, husband and wife. ) Part of Outlot No. 109, of the City of Jefferson, Missouri; being more particularly described as follows: From the Northwesterly corner of said Outlot No. 109 ; thence S35 0 00100 11W, 182 . 16 feet; thence S30 015100 11E, 529. 3 feet to the Northeast corner of a parcel as described in Book 100, Page 540, of the Cole County Recorder's Office; thence continuing S300151E along the East Line of said parcel, 27.64 feet to a point 25 feet South of, as measured at right angles to the North Line of said parcel, the POINT OF BEGINNING for this description; thence continuing S30°15100 11E, 67 . 36 feet to a point on the North Line of a public road (Seven Hills Road) , said point being the Southeast corner of said parcel in Book 100, Page 540; thence S85 000100 11W along the North Line of said Seven Hills Road, 200 feet to the Southeast corner of a parcel as described in Book 308, Page 13 , of the Cole County Recorder's Office; thence leaving the North Line of said Seven Hills Road on a bearing of N13 000100 11W and along the • 6 East Line of said parcel in Book 308, Page 13, 61.22 feet to a point 25 feet South of, as measured at right angles to the North Line of said parcel in Book 100, Page 540; thence leaving the East Line of said parcel in Book 308, Page 13, on a bearing of N850001E and parallel to the North Line of said parcel in Book 100, Page 540, 177.31 feet to the POINT OF BEGINNING. Containing in all, 0. 256 acres, more or less. Also, a utility easement across a part of Outlot No. 109, of the City of Jefferson, Missouri; said easement being more particularly described as follows: From the Northwesterly corner of said Outlot No. 109; thence S350001W, 182 . 16 feet; thence S300151E, 529. 3 feet to the Northeast corner of a parcel as described in Book 100, Page 540, of the Cole County Recorder's Office, the POINT OF BEGINNING for this description; thence continuing S300151E along the East Line of said parcel, 27. 64 feet to a point 25 feet South of, as measured at right angles to the North Line of said parcel ; thence leaving said East Line on a bearing of S850001W and parallel to the North Line of said parcel, 177. 31 feet to the East Line of a parcel as described in Book 308, Page 13, of the Cole County Recorder's Office; thence N130001W and along the East Line of said parcel in Book 308, Page 13 , 25.12 feet to the Northeast corner of said parcel in Book 308, Page 13 , said corner being on the North Line of the parcel in Book 100, Page 540; thence N850001E along the ® North Line of said parcel in Book 100, Page 540, 168 feet to the POINT OF BEGINNING. Containing in all, 0. 099 acres, more or less. (owners: Ralph Rockelman and Margaret Rockelman, husband and wife. ) Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: Beginning at the Northwest corner of "Herron's Seven Hills Subdivision" as per plat of record in Plat Book 4 , Page 90, of the Cole County Recorder's Office; thence SO4 055152 11E along the West Line of said subdivision, 136.40 feet; thence leaving the West Line of said subdivision on a bearing of S87°08128"W, 429 .21 feet to the East Line of a parcel as described in Book 224 , Page 30, of the Cole County Recorder's Office; thence N14 040124 11E along the East Line of said parcel, 131. 77 feet; thence leaving the East Line of said parcel on a bearing of N85 033110 11E, 384.73 feet to the POINT OF BEGINNING. Containing in all 1.221 acres. Bearings are based on Central Missouri Professional Services, Inc. , Job No. 84-71. ALSO, a drainage easement across a part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 7 11 West, in the County of Cole, Missouri; being more particularly AIL qr described as follows: From the Northwest corner of "Herron's Seven Hills Subdivision" as per plat of record in Plat Book 4, Page 90, of the Cole County Recorder's Office; thence SO4 055152 11E along the West Line of said subdivision, 136.40 feet; thence leaving the West Line of said subdivision on a bearing of S87 008128 11W, 254.65 feet to the POINT OF BEGINNING for this description; thence continuing S87 0 08128 11W, 20.00 feet; thence S03°41' 50"E, 140. 15 feet; thence N86°18 ' 10 11E, 20.00 feet; thence NO3 041150 11W, 139.85 feet to the POINT OF BEGINNING. Containing in all, 0. 064 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. ALSO, a temporary construction easement across a part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 11 West, in the County of Cole, Missouri; being more particularly described as follows: From the Northwest corner of "Herron's Seven Hills Subdivision" as per plat of record in Plat Book 4, Page 90, of the Cole County Recorder's Office; thence SO4 055152 11E along the West Line of said subdivision, 136.40 feet to the POINT OF BEGINNING for this description; thence leaving the West Line of said subdivision on ® a bearing of S87°08 '28"W, 429.21 feet to the East Line of a parcel as described in Book 224, Page 30, of the Cole County Recorder's Office; thence S14 040124 11W along the East Line of said parcel, 20.97 feet; thence leaving the East Line of said parcel on a bearing of N87°08 '28"E, 396.23 feet; thence SO4°55'52"E, 86. 43 feet; thence N85 004108 11E, 40. 00 feet to a point on the aforementioned West Line of said "Herron's Seven Hills Subdivision" ; thence N04 0 55152 11W along said West Line 105.00 feet to the POINT OF BEGINNING. Containing in all, 0. 277 acres. Bearings are based on Central Missouri Professional Services, Inc. Job No. 84-71. (owner: Seany Savon) Section 3. That the Director of Public Works and the City Counselor, be and hereby are authorized, empowered and directed to negotiate for and in behalf of said City with the owner or owners of the hereinabove described real property for the purchase thereof by said City. Section 4. In the event that the said City is unable to agree with the owners of said property as to the compensation to be paid therefor, then title to and possession of said real property legally described in Section 2 of this Ordinance shall be acquired by the City through condemnation, and the Director of Public Works • 8 and City Counselor, as representatives for the City are hereby authorized, empowered and directed to institute proceedings in any court of competent jurisdiction to acquire title to and possession of said property and for said City in accordance with the eminent domain laws of the State of Missouri, and specifically Section 82.240 RSMo and to provide for managing, controlling and policing the same. Section 5. The firm of Stockard, Andereck, Hauck, Sharp & Evans, 101 W. McCarty Street, Jefferson City, Missouri, may be retained and may be utilized by the City Counselor to assist in the preparation and presentation of any required court actions related to acquisition. Section 6. This Ordinance shall take effect and be in full force from and after its passage and approval. Passed �� l` �9 Approved re id' Officer r Attest: City Clerk • 9