Section 104-009 Ord. 17549; Acquisition of an Easement RE: Construction of Crescent Meadows South Lagoon Interceptor

declaring the need to acquire an easement necessary to construct Crescent Meadows South Lagoon Interceptor; 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.

SECTION l. The City Council hereby declares the need to acquire a sanitary sewer easement for the construction of the Crescent Meadows South Lagoon Interceptor described as follows:

A 16 FOOT WIDE SANITARY SEWER EASEMENT BEING PART OF SECTION 19, TOWNSHIP 49 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE DEED IN BOOK 359 PAGE 579, OF THE BOONE COUNTY RECORDS, SAID EASEMENT BEING 8 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

STARTING AT THE SOUTH QUARTER CORNER OF SAID SECTION 19, THENCE WITH THE SOUTH LINE OF SAID SECTION 19 AND THE SOUTH LINE OF THE TRACT DESCRIBED BY SAID DEED IN BOOK 359 PAGE 579, N.79°38'00"W., 279.80 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING, LEAVING THE SOUTH LINE OF SAID SECTION 19, AND THE SOUTH LINE OF THE TRACT DESCRIBED BY SAID DEED IN BOOK 359 PAGE 579, N.20°04'00"E., 78.10 FEET TO A POINT ON THE NORTH LINE OF THE TRACT DESCRIBED BY SAID DEED IN BOOK 359 PAGE 579, THE END OF THIS CENTERLINE AND EASEMENT.

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.