Section 103-649; Ord. 17537; Authorizing Acquisition of Easements RE: Drainage Improvements for Sinclair Street


Ordinance No.            17537              Council Bill No.           B 408-02            

AN ORDINANCE

declaring the need to acquire easements necessary to construct drainage improvements for Sinclair Street; 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 permanent drainage easements and temporary construction easements to construct drainage improvements for Sinclair Street.  The land to be acquired is described as follows:

E. Stanley Kroenke and Ann W. Kroenke, husband and wife
PERMANENT DRAINAGE EASEMENT
    
A 16-foot wide strip of land being in the westerly part of a tract of land described in Book 802 Page 713 as shown by a survey recorded in Book 432 Page 484 situate in the south half of Section 27, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being further described as follows:

Commencing at the northeast corner of a parcel of land described in Book 733 Page  842 as shown on a survey recorded in Book 1174 Page 463; thence S04E00'45"W, 63.91 feet with the east line of said parcel to the POINT OF BEGINNING; thence  onto said tract as described in Book 802 Page 713 S85E36'00"E, 25.24 feet; thence  S55E12'55"E, 17.34 feet; thence S34E47'05"W, 16.00 feet; thence N55E12'55"W, 13.00 feet; thence N85E36'00"W, 20.80 feet to the west line of said tract; thence  N04E00'45"E, 16.00 feet with the west line to the POINT OF BEGINNING and containing 611 square feet inclusive of 240 square feet of existing roadway.

E. Stanley Kroenke and Ann W. Kroenke, husband and wife
TEMPORARY CONSTRUCTION EASEMENT

     A strip of land being in the westerly part of a tract of land described in Book 802 Page 713 as shown by a survey recorded in Book 432 Page 484 situate in the south half of Section 27, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said parcel being further described as follows:

Commencing at the northeast corner of a parcel of land described in Book 733 Page 842 as shown on a survey recorded in Book 1174 Page 463; thence S04E00'45"W, 43.66 feet with the east line of said parcel to the POINT OF BEGINNING; thence  onto said tract as described in Book 802 Page 713 S54E49'25"E, 123.36 feet; thence S30E21'45"W, 30.00 feet; thence N55E25'11"W, 107.12 feet to the west line of said tract; thence N04E00'45"E, 36.25 feet with the west line to the POINT OF BEGINNING and containing 3515 square feet inclusive of 240 square feet of existing roadway and inclusive of 611 square feet of permanent drainage easement.

    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.