Section 103-132 Ord. 17208; Authorizing Acquisition of Land RE: Development of Smith Neighborhood Park


Ordinance No.            17208              Council Bill No.            B 69-02           


AN ORDINANCE

declaring the need to acquire land necessary for development of Smith Neighborhood Park; 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 neighborhood park land described as follows:

Opal E. Smith and/or Ernest W. Smith co-trustees of the Opal E. Smith Trust

A tract of land in the southwest 1/4 of section 17, township 48 north, range 13 west, Boone County, Missouri; Being park of the tract described by the warranty deed recorded in book 1375 at page 388 of the records of Boone County and more particularly described as follows:

Commencing at the south 1/4 corner of section 17, township 48 north, range 13 west; Thence along the 1/4 section line, N00E07'40"W, 1,681.38 feet to the point of beginning; Thence S89E52'20"W, 615.97 feet; Thence along a 491.37 foot radius curve to the right 154.52 feet with a chord N05E39'15"W, 153.88 feet; Thence N03E21'15"E, 167.39 feet; Thence along a 491.37 foot radius curve to the right 283.01 feet, with a chord N19E51'15"E, 139.61 feet; N89E52'18"E, 442.23 feet to the 1/4 section line; Thence along the 1/4 section line S00E07'40"E; 694.81 feet to the point of beginning and containing 9.39 acres.

    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 4th day of March, 2002.