Ordinance No.           17578               Council Bill No.            B 27-03           

declaring the need to acquire land; 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 sanitary sewer easement:

    Westcliff and Stonecrest Sewer Project

    Permanent Sewer Easement           

A strip of land located in the Northeast quarter of Section 19, Township 48 North, Range 13 West, Boone County, Missouri; being part of the tract described in the Beneficiary Deed recorded in Book 1248 at Page 474 of the Boone County Records, and more particularly described as follows:

Commencing at the Northeast corner of Tract 1 of the survey recorded in Book 1939 at  Page 711; thence along the North line of Tract 1, N84°04’15”W, 165.08 feet to the centerline of Perche Creek; thence along the centerline of Perche Creek, S45°29’10”W, 712.32 feet; thence S30°46’35”W, 183.86 feet; thence S1°34’35”W, 271.76 feet; thence S31°43’15”E, 71.76 feet to the Point of Beginning.

Thence continuing along the centerline of Perche Creek, S31°43’15”E, 20.40 feet; thence leaving said centerline, S69°35’00”W, 238.77 feet; thence N20°25’00”W, 20.00 feet; thence N69°35’00”E, 234.77 feet to the Point of Beginning and containing 4,735 square feet.

Temporary Construction Easement

A strip of land located in the Northeast quarter of Section 19, Township 48 North, Range 13 West, Boone County, Missouri; being part of the tract described in the Beneficiary Deed recorded in Book 1248 at Page 474 of the Boone County Records, and more particularly described as follows:

Commencing at the Northeast corner of Tract 1 of the survey recorded in Book 1939 at Page 711; thence along the North line of Tract 1, N84°04’15”W, 165.08 to the centerline of Perche Creek; thence along the centerline of Perche Creek, S45°29’10”W, 712.32 feet; thence S30°46’35”W, 183.86 feet; thence S1°34’35”W, 271.76 feet; thence S31°43’15”E, 5.48 feet to the Point of Beginning; thence continuing along the centerline of Perche Creek, S31°43’15”E, 152.97 feet; thence leaving said centerline, S69°35’00”W, 401.76 feet; thence N20°25’00”W, 150.00 feet; thence N69°35’00”E, 371.78 feet to the Point of Beginning and Containing 58,015.10 square feet.

    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 3rd day of February, 2003.