Section 103-489; Ord. 17433; Authorizing Acquisition of Land on Clarkson Road Adjacent to the MKT Trail (Grasslands)


Ordinance No.           17433               Council Bill No.            B 284-02A           

AN ORDINANCE

declaring the need to acquire land on Clarkson Road adjacent to the MKT Trail for open space and park purposes; 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; establishing a special benefit district; providing for the levying of special assessments against property in the district; 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 in fee simple the following described land for open space and park purposes:

LOTS 3,4,5,6,7,8 AND 9 OF GRASSLANDS SUBDIVISION, BLOCK 8, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 10 AT PAGE 207 OF THE REAL ESTATE RECORDS OF BOONE COUNTY, MISSOURI. AND ALSO, THE WEST PART OF LOT TWO (2) OF GRASSLANDS SUBDIVISION BLOCK NUMBER EIGHT (8) IN THE CITY OF COLUMBIA, MISSOURI, AS SHOWN BY THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 207, RECORDS OF BOONE COUNTY, MISSOURI, BEING ALL THAT PART OF SAID LOT TWO (2) LYING WEST OF THE FOLLOWING DESCRIBED TRACT OF LAND: A TRACT OF LAND BEING A PART OF LOTS 1 AND 2 OF GRASSLANDS SUBDIVISION BLOCK NO. 8 AS SHOWN BY PLAT RECORDED IN PLAT BOOK 10, PAGE 207, RECORDS OF BOONE COUNTY, MISSOURI, AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE ALONG THE EAST LINE OF SAID LOT 1, SOUTH 7 DEGREES 16' WEST, 78.02 FEET; THENCE SOUTH 73 DEGREES 26' WEST, 69.37 FEET; THENCE NORTH 53 DEGREES 10' WEST, 41.36 FEET; THENCE SOUTH 73 DEGREES 26' WEST, 46.59 FEET; THENCE SOUTH 19 DEGREES 42' WEST, 147.01 FEET TO THE SOUTHWEST CORNER OF LOT 1, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY OF CLARKSON ROAD; THENCE ON A CURVE TO THE LEFT 50.13 FEET, THE CHORD OF SAID CURVE BEING NORTH 46 DEGREES 11' WEST, 50.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 35 DEGREES 17' EAST, 133.22 FEET; THENCE NORTH 10 DEGREES 48' EAST, 101.91 FEET TO THE NORTH LINE OF LOT 2; THENCE ALONG SAID LOT 2 SOUTH 82 DEGREES 19' EAST, 145.00 FEET TO THE POINT OF BEGINNING.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section 1 by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all 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.  A benefit district is established consisting of the following property which the Council finds will be specially benefited by the purchase of the property described in section 1:

All property within the following boundaries excluding the property described in Section 1:

The east boundary line shall be Providence Road; the north boundary line shall be the north boundary line of those lots which front on Burnham Road and Clarkson Road; the south boundary line shall be Stadium Boulevard; and the west boundary line shall be the MKT Trail.

    SECTION 6.  The property within the benefit district shall be assessed in a total amount not to exceed $400,000.  Special assessments shall be levied against all legal parcels of property in the district in the same amount.  “Legal parcel” includes each separate legal lot, parcel and condominium unit located within the benefit district.  The owners of each legal parcel shall pay the full amount of the assessment within sixty (60) days after the issuance of the tax bill or may enter into an agreement with the City to pay the tax bill in ten annual installments, plus interest at the rate of nine percent per annum.  Every tax bill shall be a lien against the property described in the tax bill.  If a property owner fails to pay the tax bill when due, the lien may be enforced by foreclosure proceedings pursuant to City ordinances and Missouri law.

    SECTION 7.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 16th day of September, 2002.