Section 105-585; Ord. 18301; Declaring the need to acquire a sidewalk easement and a temporary construction easement; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18301                          Council Bill No. B 363-04           


AN ORDINANCE

declaring the need to acquire a sidewalk easement and a temporary construction easement; 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 easements:

    BOONE PRAIRIE PLAT 1
    PERMANENT SIDEWALK EASEMENT

A TRIANGULAR TRACT OF LAND BEING PART OF TRACT NO. 2 OF GUILL SUBDIVISION, RECORDED IN PLAT BOOK 11, PAGE 147, LOCATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT NO. 2; THENCE WITH THE SOUTH LINE THEREOF, S89º47’35”W, 20.00 FEET; THENCE LEAVING SAID SOUTH LINE, N74º45’50”E, 21.15 FEET TO THE EAST LINE THEREOF; THENCE WITH SAID EAST LINE, S4º12’35”W, 5.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 55 SQUARE FEET.


TEMPORARY CONSTRUCTION EASEMENT

A TRACT OF LAND BEING PART OF TRACT NO. 2 OF GUILL SUBDIVISION, RECORDED IN PLAT BOOK 11, PAGE 147, LOCATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT NO. 2; THENCE WITH THE SOUTH LINE THEREOF, S89º47’35”W, 20.00 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING, CONTINUING S89 º47’ 35”W, 11.05 FEET; THENCE LEAVING SAID SOUTH LINE, N0º12’25”W, 2.20 FEET; THENCE N74 º45’50”E, 33.00 FEET TO THE EAST LINE OF SAID TRACT NO. 2; THENCE WITH SAID EAST LINE, S4 º12’35”W, 5.30 FEET; THENCE LEAVING SAID EAST LINE, S74 º45’50”W, 21.15 FEET TO THE POINT OF BEGINNING AND CONTAINING 147 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 non-resident 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 1st day of November, 2004.