Series 103 2002 ORDINANCES/RESOLUTIONS
Section 103-094 Ord. 17181; Authorizing Acqusition of Land RE: Bear Creek Trail
Ordinance No. 17181 Council
Bill No. B 42-02
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
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
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
SECTION 3. The City Manager is authorized to obtain, execute and record
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
PASSED this 18th day of February, 2002.