Section 103-302; Ord. 17320; Authorizing Acquisition of Land RE: Providing a Neighborhood Park in Auburn Hills Subdivision


Ordinance No.            17320              Council Bill No.            B 182-02           

AN ORDINANCE

declaring the need to acquire land herein described to provide a 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:

The following tract of land owned by: WWB Development Co. LLC of Boone County, Missouri.

A TRACT OF LAND LOCATED IN THE NORTHWEST OF SECTION 30, TOWNSHIP 49 NORTH, RANGE 12 WEST, CITY OF COLUMBIA, BOONE COUNTY, MISSOURI; BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1791 AT PAGE 239 OF THE BOONE COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 30-49-12, AS SHOWN BY THE SURVEY  RECORDED IN BOOK 1196, PAGE 466; THENCE ALONG THE QUARTER SECTION LINE, S0E34 20 E, 876.81 FEET; THENCE S89E25 20 W, 233.41 FEET; THENCE N58E32 15 W, 423.00 FEET; THENCE N23E58 30 W, 712.68 FEET TO THE NORTH LINE OF SAID SECTION; THENCE ALONG SAID SECTION LINE, N89E31 55 E, 875.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 13.12 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 20th day of May, 2002.