Section 103-648; Ord. 17536; Acquisition of Property for Park Purposes (Moon Valley Subdivision)


Ordinance No.           17536               Council Bill No.           B 407-02            

AN ORDINANCE

declaring the need to acquire property for 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; 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 the following described land in fee simple for park purposes:

A part of the Northeast Quarter (NE¼) of Section Eighteen (18), Township Forty-eight (48) North, Range Twelve (12) West, being that part of Survey #7658 of the Survey records of Boone County, Missouri, designated on said survey as “Buddemeyer Tract” and particularly described as follows:  Starting at an iron set on the west line of a forty (40) foot avenue, the same being point “D” of said Boone County Survey #7658, thence S.29°47'E, 268 feet to an iron set 6 feet northwest of a small mulberry tree, which point is the Northeast corner of the “Buddemeyer Tract: and the point of beginning; then S.47°29'W, 165.4 feet to a point on the east right-of-way line of United States Highway #63, thence in a southerly direction following the east right-of-way line of said highway to the east and west subdivision line of said Section 18; thence east along said subdivision line 284 feet to a stone; the same being point “E” of said survey; thence N.8°49'W, 667 feet to a stone; thence N.39°45'E., 285.8 feet to an iron, the same being point “C” of said survey; thence N.29°38'W, 825 feet to the point of beginning, EXCEPT THAT part platted into Moon Valley Subdivision as shown by plat recorded in Plat Book 4 at Page 43, Records of Boone County, Missouri subject to easements, restrictions and indebtedness of record.

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

    PASSED this 16th day of December, 2002.