Section 105-613; Ord. 18316; Declaring the need to acquire easements for the Third Avenue and Garth Avenue drainage improvement project; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18316              Council Bill No.            B 376-04           


AN ORDINANCE

declaring the need to acquire easements for the Third Avenue and Garth Avenue drainage improvement project; 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 for storm water control purposes:

Mark M. Stevenson, Trustee of the Mary M. Hackett Trust No. 1
TEMPORARY CONSTRUCTION EASEMENT

The south six (6) feet of a tract of land described in a warranty deed in Book 1721 at Page 321, said tract being the south half (1/2) of Lot 85 of Odon Guitar’s Subdivision and Park Addition as recorded in Plat Book 1 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 437 square feet.

Dale Palmer and Janet E. Palmer, husband and wife
TEMPORARY CONSTRUCTION EASEMENT      

The north four (4) feet of a tract of land described by a warranty deed in Book 742 at Page 849, said tract being the north fifty-four (54) feet of Lot 52 of Odon Guitar’s Subdivision and Park Addition as recorded in Plat Book 1 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 292 square feet.

Hendren Brothers Realty LLC, a Missouri Limited Liability Company
PERMANENT DRAINAGE EASEMENT

The north five (5) feet of the west forty (40) feet of a tract of land described in a warranty deed in Book 2444 at Page 59, said tract being Lot 53 of Odon Guitar’s Subdivision and Park Addition as recorded in Plat Book 1 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 200 square feet.

Hendren Brothers Realty LLC, a Missouri Limited Liability Company
TEMPORARY CONSTRUCTION EASEMENT
The north twelve (12) feet of a tract of land described in a warranty deed in Book 2444 at Page 59, said tract being Lot 53 of Odon Guitar’s Subdivision and Park Addition as recorded in Plat Book 1 at Page 16, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 677 square feet exclusive of permanent drainage easement granted this date.

    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 15th day of November, 2004.