Section 103-226; Ord. 17266; Authorizing Acquisition of Land Necessary to Construct the Park De Ville Sidewalk Project


Ordinance No.           17266               Council Bill No.           B 128-02            

AN ORDINANCE

declaring the need to acquire land necessary to construct the Park De Ville Sidewalk Project; 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 for construction of the Park De Ville Sidewalk Project described as follows:

Sean M. and Cynthia L. Northcutt, husband and wife, and Jerry L. and Jeanne R. Finley, husband and wife
The west 7.0 feet of Lot 18 in Park de Ville Subdivision Plat 1 as recorded in Plat Book 11, Page 16 and being described by a General Warranty Deed recorded in Book 1310, Page 16, both of the Boone County, Missouri Records; and containing 0.017 acres, more or less.

Bruce C. Bruemmer
The west 7.0 feet of Lot 19 in Park de Ville Subdivision Plat 1 as recorded in Plat Book 11, Page 16 and being described by a General Warranty Deed recorded in Book 1191, Page 704, both of the Boone County, Missouri Records; and containing 0.016 acres, more or less.

Joseph E. and Robyn G. Roberts, husband and wife
The west 7.0 feet of the south 70.0 feet and the west 15.0 feet of the north 34.43 feet of Lot 20 in Park de Ville Subdivision Plat 1 as recorded in Plat Book 11, Page 16 and being described by a Warranty Deed recorded in Book 799, Page 159, both of the Boone County, Missouri Records; and containing 0.023 acres, more or less.

Florie Zephir, a single person
A strip of land abutting the west line of Lot 21 in Park de Ville Plat 1 as recorded in Plat Book 11, Page 16 and being described by a Warranty Deed recorded in Book 839, Page 201, both of the Boone County, Missouri Records, and being more particularly described as follows:

Beginning at the southwest corner of said Lot 21, thence easterly, 15.63 feet with the south line of said lot to a point lying 15.0 feet easterly and radial to the west line of said lot, being a curve with a radius of 1,933.86 feet; thence northerly, 53.15 feet to a point lying 12.5 feet easterly and radial to the Pt of said curve; thence northerly, approximately 54 feet to a point lying 5.0 feet easterly and at right angle to the PC of a curve to the right having a radius of 20 feet; thence northeasterly to a point on the north line of said lot, being the PRC between said 20.0 foot curve to the right and a curve to the left having a radius of 749.20 feet; thence southerly, with the west line of said lot, to the Point of Beginning; and containing 0.03 acres, more or less.

Lonnie H. and Mary A. Ratliff, husband and wife
The east 4.0 feet of Lot 30 in Park de Ville Subdivision Plat 1 as recorded in Plat Book 11, Page 16 and being described by a Warranty Deed recorded in Book 462, Page 251, both of the Boone County, Missouri Records; and containing 0.008 acres, more or less.

Ronald C. Nielsen
The east 4.0 feet of Lot 31 in Park de Ville Subdivision Plat 1 as recorded in Plat Book 11, Page 16 and being described by a Warranty Deed recorded in Book 1067, Page 856, both of the Boone County, Missouri Records; and containing 0.012 acres, more or less.

Charles E. and Victoria L. Neill, husband and wife
The east 5.0 feet of Lot 32 in Park de Ville Subdivision Plat 1 as recorded in Plat Book 11, Page 16 and being described by a Warranty Deed recorded in Book 768, Page 209, both of the Boone County, Missouri Records; and containing 0.019, acres, more or less.

Community United Methodist Church of Columbia, a Missouri Not for Profit Corporation

The east 4.0 feet of Lot 1 in Park de Ville Subdivision Plat 2 as recorded in Plat Book 10, Page 186 and being described by a Warranty Deed recorded in Book 1335, Page 316, both of the Boone County, Missouri Records; and containing 0.039, acres, more or less.


P & G Development Company, a Missouri General Partnership
The east 4.0 feet of Lot 1 in Park de Ville Subdivision Plat 3 as recorded in Plat Book 11, Page 167 and being described by a Warranty Deed recorded in Book 622, Page 774, both of the Boone County, Missouri Records; and containing 0.030, acres, more or less.

    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 15th day of April, 2002.