Section 103-094 Ord. 17181; Authorizing Acqusition of Land RE: Bear Creek Trail


Ordinance No.           17181               Council Bill No.           B 42-02            

AN ORDINANCE

declaring the need to acquire land herein described to provide access to the Bear Creek Trail; 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 l.  The City Council hereby declares the need to acquire land in fee simple title to provide access to the Bear Creek Trail described as follows:

Lot twenty-six (26) of Northland Acres Estates, a subdivision located in the City of Columbia, Missouri, as shown and described by the plat thereof recorded in the plat book 28, page 25, records of Boone County, Missouri; excepting therefrom that part of said lot twenty-six (26) conveyed to the City of Columbia, Missouri by warranty deed dated May 18, 1994 and recorded in book 1082, page 307, records of Boone County, Missouri, and by quit-claim deed dated May 18, 1994 and recorded in book 1082, page 309, records of Boone County, Missouri.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section l by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all licenses, easements, 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 18th day of February, 2002.