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HomeMy Public PortalAboutORD06496 This ordinance having been delivered to the mayor for his approval on the 13th day of June, 1957, and not having been returned by him to the Council, at its next regular meeting, after it was delivered to him for his approval, the same became a law on the lot day of July, 1957 . i Harvey Hager s PRESIDENT OF THE COUNCIL ORDINANCE NUMBER 6495 AN ORDINANCE REPEALING ORDINANCE NUMBER 6444 OF THE CITY 00 JEFFERS CITY, MISSOURI, WHICH AUTHORIZED AND DIRECTED THE APPROPRIATION AND CONDEMNATION BY THE CITY OF JEFFERSON CITY, MISSOURI, OF CERTAIN SPECIFICALLY DESCRIBED LAND OUTSIDE OF THE CITY LIMITS OF SAID MUNICIPALITY FOR OUTFALL SEWER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON CITY, MISSOURI, AS FOLLOWS: Section 1. Ordinance Number 6444 of the City of Jefferson City, Missouri, which authorized and directed the appropriation and condemnation by the City of Jefferson City, Missouri, of certain specifically described land outside the city limits of. said munici- pality for outfall sewer purposed be and the same is hereby repealed . Section 2. This ordinance shall be in force and effect from and after its passage and approval. Passed: June 11, 1957 Approved: June 18 1957 Arthur W. Ellis /sIs Arthur W. Ellis Is President of the Council Mayo- r Attest: City Clerk ORDINANCE NUMBER 6496 AN ORDINANCE OF THE CITY OF JEFFERSON CITY, MISSOURI, AUTHORIZING AND DIRECTING THE APPROPRIATION AND CONDEMNATION BY THE CITY OF JEFFERSON CITY, MISSOURI, OF CERTAIN SPECIFICALLY DESCRIBED LAND OUTSIDE OF THE CITY LIMITS OF SAID MUNICIPALITY BUT WITHIN TEN MILE THEREOF FOR USE AS A SANITARY SEWER RIGHT-OF-WAY, A SANITARY SEWER WASTE STABILIZATION BASIN. SYSTEMAND AN ACCESS ROAD ACROSS PRIVATE property for ingress to and egress from said sanitary sewer waste STABILIZATION BASIN SITE, AND DECLARE IT NECESSARY TO TAKE AND APPROPRIATE SAID PRIVATE PROPERTY FOR THE PURPOSES HEREINBEFORE MENTIONED, DEFINING THE LIMITS OF A BENEFIT DISTRICT WITHIN WHICH PRIVATE PROPERTY SHALL BE DEEMED BENEFITED AND ASSESSED TO PAY FOR SUCH IMPROVEMENTS, AND DEFINING THE TIME AND MODE OF PAYMENT OF SUCH ASSESSMENTS, AND THE PENALTY FOR FAILURE TO PAY THE SAME WHEN DUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON CITY, MISSOURI, AS FOLLOWS: Section 1. The City of Jefferson City, Missouri, does hereby authorize and direct the appropriation and condemnation by the City of Jefferson City, Missouri, of the following described land locate outside of the corporate limits of Jefferson City, Missouri, but within ten miles thereof, for the purposes hereinafter stated: A. For Sanitary Sewer Right-of-Way: The land to be affect is described as follows: The east part of the east half of the northeast quarter of section 34, township 45, range 12; a part of the southeast quarter of the southeast quarter of section 27, township 45, range 12, part of the northwest quarter of section 35, township 45, range 12; and a par*_ of the northwest quarter of the southwest quarter of section 35, township 45, range 12, containing 59.77 acres, more or less, and described more particularly as follows: From a stone on the southwest corner of the east half of the northeast quarter of section 34, township 45, range 12, thence east along the quarter section line 12.75 chains to the point of beginning of this description; thence north parallel with the section line 43.6 chains to the center line of the county road, thence north 65 degrees 30 minutes west along the center line of the county road to the south- east corner of a one acre tract of land previously conveyed to Wesley Patterson; thence north 24 degrees 30 minutes east 2 chains to the south line of Missouri Pacific Railroad right-of-way; thence in a southeasterly direction along said right-of-way line to a point in the northwest quarter of the northwest quarter of section 35, township 45, range 12, which stands 3,82 chains east of the section line; thence south parallel with the section line 55.75 chains to the south line of the northwest quarter of the southwest quarte of section 35, township 45, range 12, thence west along the quarter line, 3.82 chains to the section line; thence north along the section line to the northwest corner of the north- west quarter of the southwest quarter of section 35, township 45, range 12; thence west along the quarter section line 8.13 chains, to the place of beginning. Bearings are magnetic. Variation north 7 degrees 30 minute east. Subject to easement for county road. The easement to be acquired for a sanitary sewer right-of-way over the above described land is as follows: A part of the Northwest quarter of Section 35, Township 45, North Range 12 West, and a part of the Northeast quarter of Section 34, Township 45 North, Range 12 West, being a strip of land six (6) feet in width, the center line of the same being more particularly described as follows: II Beginning at a point on the east line of the land as described in Warranty Deed Book 97 at Page 274, Cole County Recorder's Office, said point being 3203.0 feet north of the south line of Section 35, Township 45 North, Range 12 West, and 252.0 feet east of the west line of said section; thence North 68 degrees and 33 minutes West, 9.0 feet; tiience North 53 degrees and 37 minutes West, 395.0 feet; thence North 71 degrees and 31 minutes West, 405.0 feet; thence North 49 degrees and 35 minutes West, 210.0 feet; thence North 2 degrees and 05 minutes West, 145.0 feet, more or less. And for the purpose of using machinery, stockpiling dirt an stacking pipe in the construction, maintenance and repair of a sanitary sewer, an easement or right-of-way of a width of forty (40) feet, the center line of the same being identical to the center line immediately above described. Other land to be affected is described as follows: The west part of the east half of the northeast quarter of section 34, township 45, range 12, and part of the southeas quarter of the southeast quarter of section 27, township 45, range 12, particularly described as follows: !� Beginning at a stone on the southwest corner of the east half of the northeast quarter of said section 34, township 45, range 12, thence north along the quarter section line to a point which is 3.49 chains south of the northwest corner of the east half of the northeast quarter thereof, said point being also the southwest corner of tract conveyed to Peter J. Schnieders, of record in Book 112, page 194, Recorder's Office of Cole County, Mo. , thence east along the south line of said tract and parallel with the section line 3.16 chains, thence north 21 degrees east 6.40 chains, thence north 27 degrees east 6.32 chains to the center line of the County Road, thence southeasterly along said centerline .75 chains to the north- westerly corner of a tract conveyed to J. Arthur Payne, of record in Book 112, page 424, thence south 27 degrees west 6.32 chains, thence south 67 degrees east 6.96 chains to the east line of Herman Ott' s property, thence south parallel with the quarter section line to the south line of the south- east quarter of the northeast quarter therof, thence west along the said fourth quarter section line 12.75 chains to the point of beginning. The easement to be acquired for a sanitary sewer right-of-way over the above described land is as follows: A part of the Northeast quarter of the Northeast quarter of Section 34, Township 45 North, Range 12 West, being a strip of land six (6) feet in width, the center line of the same being more particularly described as follows: Beginning at a point on the west line of said fourth quarter section, 230.34 feet south of the northwest corner thereof; thence North 85 degrees and 49 minutes East, 100.0 feet; thence South 5 degrees and 40 minutes East, 532.6 feet to the beginning point of this description; thence South 57 degre s and 46 minutes East, 465.2 feet; thence South 52 degrees and 36 minutes East, 240.0 feet; thence South 65 degrees and 59 minutes East, 260.0 feet; thence South 2 degrees and 05 minutes East, 140.0 feet, more or less (Magnetic bearings) . And for the purpose of using machinery, stockpiling dirt and stacking pipe in the construction, maintenance and repair of a sanitary sewer, an easement or right-of-way of a width of forth (40) feet, the center line of the same being identical to the center line immediately described above. B. For a Sanitary Sewer Waste Stabilization Basin Site. The land to be affected is described as follows: The west part of the east half of the northeast quarter of section 34, township 45, range 12, and part of the southeast quarter of the southeast quarter of section 27, township 45,. range 12, particularly described as follows: Beginning at a stone on the southwest corner of the east half of the northeast quarter of said section 34, township 45, range 12, thence north along the quarter section line to a point which is 3.49 chains south of the northwest corner of the east half of the northeast quarter thereof, said point being also the southwest corner of tract conveyed to Peter J. Schnieders, of Record in Book 112, page 194, Recorder's Office of Cole County, Mo. , thence east along the south line of said tract and parallel with the section line 3.16 chains, thence north 21 degrees east 6.40 chains, thence north 27 degrees east 6.32 chains to the centerline of the County Road, thence southeasterly along said centerline .75 chains to the north- westerly corner of a tract conveyed to J. Arthur Payne, of record in Book 112, page 424, thence south 27 degrees west 6.32 chains, thence south 67 degrees east 6.96 chains to th east line of HermanOtt' s property, thence south parallel with the quarter section line to the south line of the sou east quarter of the northeast quarter thereof, thence west along the said fourth quarter section line 12.75 chains to the point of beginning,! The land to be acquired by condemnation from the above described tract is described as follows: A part of the Northeast quarter of the Northeast .quarter of Section 34, Township 45 North, Range 12 West, more particu- larly described as: Beginning at a point on the west line of said fourth quarte section, 230.34 feet south of the northwest corner thereof; thence North 85 degrees and 49 minutes East, 100.0 feet; thence South 5 degrees and 40 minutes East, 853.5 feet; thence North 66 degrees and 31 minutes West, 114.2 filet; thence North 5 degrees 'and 40 minutes West, along and with The west line of said fourth quarter section, 800.7 feet to the point of beginning. Containing in all 1.90 acres (Magnetic bearings) . Other land to be affected is described as follows: 14.80 acres, being all thatpart of the Southwest quarter of Section 27, Township 45, Range 12, that lies east of the Ri er Rotte of the Missouri Pacific Railway Company's right-of-va land. The southeast part of the Southeast quarter of the South- west quarter and the south part of the Southwest quarter of the Southeast quarter of Section 27, Township 45, Range 12, and more particularly described as follows: Beginning at t e Southeast corner of the Southwest quarter of the Southeast quarter of said Section 27, thence north with the east boundary line of the Missouri Pacific Railway Company's right-of-way land, thence in a northwesterly direction aloe and with the south boundary line of said R ilway Company's right-of-way land to Gray's Creek, thence following its meanderings to the south boundary line of said Section 27, thence running east with said line to the point of beginnin ; Except therefrom 3/5 of an acre as described in a dee from John Edward Ehler and Emma B. Ihler to Floyd L. Harsh, of record in Book 46 at page 351, in the office of the Recorder of Deeds of Cole County, Missouri. Also, the West half of the Northeast quarter of Secti n 34, Township 45, Range 12; Subject to a Private Road as described in Warranty Deeds of Record in Book 53, page 321 and Book 62, page 117, in the office of the Recorder of Deeds of Cole County, Miss cur The land to be acquired by condemnation from the above described tract is described as follows: A part of the Northwest quarter of the Northeast quarter of Section 34, Township 45 North, Range 12 West, more particularly described as: Beginning at a point on the east line of said fourth quarter section, 80.34 feet south of the northeast corner thereof; thence South 5 degrees and 40 minutes East along and with the east line of said fourth quarter section 950.7 feet; thence North 31 degrees and 47 minutes West, 348.8 feet; thence north 64 degrees and 19 minutes West, 263.0 feet; thence North 11 degrees and 27 minutes West, 485.0 feet; thence North 78 degrees and 38 minutes East, 494.3 feet to the point of beginning. Containing in all 6.70 acres (Magnetic bearings) . C. Access Road for Ingress to and Egress from SAid Sanitary Sewer Waste Stabilization Basin Site. The land to be affected..is described as :Follows: i The west part of the east half of the northeast quarter of section 34, township 45, range 12, and part of the southeast quarter of the southeast quarter of section 27, township 45, range 12, particularly described as follows: Beginning at a stone on the southwest corner of the east half of the northeast quarter of said section 34, township 45, range 12, thence north along the quarter section line to a point which is 3.49 chains south of the northwest corner of the east half of the northeast quarter thereof, said point being also the southwest corner of tract conveyed to Peter J. Schnieders, of record in Book 112, page 194, Recorder's Office of Cole County, Mo. , thence east along the south line of said tract and parallel with the section line 3. 16 chains, thence north 21 degrees east 6.40 chains, thence north 27 degrees east 6.32 chains to the centerline of the County Road, thence south- easterly along said centerline .75 chains to the north- westerly corner of a tract conveyed to J. Arthur Payne of record in Book 112, page 424, thence south 27 degrees west 6.32 chains, thence south 67 degrees east 6.96 chains to the east line of Herman Ott' s property, thence south parallel with the quarter section line to the south line of the southeast quarter of the northeast quarter thereof, thence west along the said fourth quarter section line 12.75 chains to the point of beginning. The land to be acquired by condemnation within the above described tract is described as follows: A part of the Northeast quarter of the Northeast quarter of Section 34, Township 45 North, Range 12 West, and a part of the Southeast quarter of the Southeast quarter of Section 27, Township 45 North, Range 12 West, more particularly described as follows: Beginning at a point on the west line of the Northeast quarter of the Northeast quarter of Section 34, Township 45 North, Range 12 West, 230.34 feet wouth of the northwest corner of said fourth quarter section; thence North 85 degrees and 49 minutes East, 100.0 feet to the beginning point of this description; thence from the beginning point of this description, South 5 degrees and 40 minutes East, 50.0 feet; thence North 85 degrees and 49 minutes East 157.0 feet; thence North 1 degree and 54 minutes West, 50.0 feet; thence North 21 degrees and 57 minutes East, 398.3 feet; thence North 27 degrees East 398.5 feet to the Boonville Road; thence North 67 degrees West along the westerly line of the Boonville Road, 49 .5 feet; thence South 27 degrees West, 398.5 feet; thence South 21 degrees West, 422.4 feet; thence South 85 degrees and 49 minutes West, 108.56 feet to the beginning point of this description. Containing in all 1.04 acres. (Magnetic bearings) . Section 2. The City of Jeffermn City, Missouri, does hereby declare that it is necessary to take and appropriate the private property, lying outside of the corporate limits of said city but wi hin ten miles thereof, as immediately described above in Section 1 of this ordinance, for the pprpose and use as a sanitary sewer trunk line right-of-way, a sanitary sewer waste stabilization basin site, and an access road for ingress to and egress from said sanitary sewer waste stabilization basin site. Section 3. The benefit district within which private property shall be deemed benefited is hereby declared to be Sewer District No. 50 "D" within the City of Jefferson City, Missouri, as created and established in Ordinance Number 6441 of the City of Jefferson City, Missouri, and the limits or boundaries of said Sewer Distric No. 50 "Du of the City of Jefferson City, Missouri, as the benefit district, are hereby defined as follows: Beginning on the westerly line of the Boonville Road and at the southeasterly corner of Tract "A" Block 1 of West Hills Subdivision per plat of record in Plat Book 3 at Page 53, Cole County Recorder's Office; thence westerly on a direct line to the southwesterly corner of Lot 3 Block 2 of West Hills Subdivision; thence southerly on a direct line to the southeasterly corner of Lot 11 Block 5 West Hills Subdivision and on the northerly line of Hall Street and the extension thereof, 285.0 feet, more or less, to a point that is 120.0 feet from, if measured at right angle to, Marilyn Street; thence westerly parallel to Marilyn Street, 275.0 feet; thence South 19 degrees and 58 minutes West, 22.0 feet; thence North 46 degrees and 17 minutes West, 204.0 feet; thence South 42 degrees and 47 minutes West, 171. 3 feet; thence South 50 degrees and 25 minutes East, 44.0 feet, more or less, to the northeasterly corner of Lob 13, Block 6 West Hills Subdivision; thence westerly along and with the northerly line of Lots 13, 12 and 11 of Block 6 of West Hills Subdivision, and the extension of said lot lines to the westerly line of Binder Drive; thence southerly along and with the westerly line of Binder Drive, 205.0 feet; thence South 47 degrees and 54 minutes West, 382.0 feet; thence South 9 degrees and 29 minutes West, 264.0 feet, to the Township line dividing Townships 44 Nort and 45 North; thence west along the Township line to the southwest corner of Section 35, Township 45, North, Range 1 West; thence north along the west line of said Section 35, for a distance of 990.0 feet to the corporate city limits; thence east along the corporate city limits and parallel to the Township line to the east line of the Southwest quar er of the Southwest quarter of Section 35, Township 45 North, Range 12 West; thence North to the Northwest corner of the Northeast quarter of the Southwest quarter of Section 35, Township 45 North, Range 12 West; thence east along the quarter section line of said Section 35, Township 45 North, Range 12 West, to the westerly line of the Boonville Road; thence southerly along and with the westerly line of the Boonville Road to the point of beginning. The above described land, with limits or boundaries defined as above shown, shall be assessed as the benefit district, for the cost of acquiring the right-of-way for said sanitary trunk line sewer, the site for the sanitary sewer waste stabilization basin, and for the location of the access road for ingress to and egress from said sanitary sewer waste stabilization basin site, as described in Sections 1 and 2 of this ordinance. Section 4. The benefits to be assessed in Section 3 of this ordinance shall be apportioned against the lots, tracts or parcels of land located within the limits of Sewer District No. 50 "D" as defined in Section 3 above, after the cost of said appropriation of the lands described in Section 1 of this ordinance for the purposes mentioned in Section 2 of this ordinance has been determined, and the City of Jefferson City, Missouri, shall advance the amount of damages, if any, awarded to the owners of the lands described in Section 1 of this ordinance, by paying the same into the Office of the Circuit Clerk of Cole County, Missouri. The City of Jefferson City, Missouri, shall be entitled to recover the amount assessed as damages, or any portion thereof, if any, against the lots, tracts or parcels of land described in Section 1 of this ordinance, with interest thereon at the rate of six (6%)