Section 106-282; Ord. 18528; Declaring the need to acquire land for expansion of the Wabash Station renovation project


Ordinance No.            18528                      Council Bill No.            B 158-05           

AN ORDINANCE

declaring the need to acquire land for expansion of the Wabash Station renovation 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 in fee simple the following described land for expansion of the Wabash Station renovation project:

A part of Eleven (11) Acre Lot Number Twenty-five (25) in the Original Town, now City of Columbia,  Boone County, Missouri, described as follows:  Beginning at a point 100 feet east of the northeast corner of Lot 289; thence south along the west side of Orr Street and parallel to the east line of Lot 289 a distance of 142.5 feet; thence west a distance of 73.1 feet; thence north a distance of 13.9 feet; thence north and slightly west a distance of 40.8 feet to a point 74.6 feet west of the east line of this tract of land above described; thence north and slightly east a distance of 29.3 feet to a point 70.6 feet west of the east line of this tract of land above described; thence north a distance of 30.3 feet to a point 71 feet west of the east line of this tract of land above described; thence north to a point on the extension of the north line of Lot 289; thence east a distance of 71 feet to the point of beginning, and being the same tract of land as described in the Warranty Deed from M.F.A. Central Cooperative to Missouri Farmers Association, Inc. dated May 8, 1950 and recorded in Book 259, Page 88, Records of Boone County, Missouri.

And also, a part of Eleven (11) Acre Lot Number Twenty-five (25) in the Original Town, now City of Columbia, Boone County, Missouri, bounded as follows:  on the west by the east line of Lot 289; on the north by the land described in the Quit-Claim Deed to the City of Columbia, Missouri dated May 31, 1995 and recorded in Book 1154, Page 610, Records of Boone County, Missouri; on the east by the land described in the Warranty Deed from M.F.A. Central Cooperative to Missouri Farmers Association, Inc. dated May 8, 1950 and recorded in Book 259, Page 88, Records of Boone County, Missouri; and on the south by the south line of Lot 289 extended, and being a part of the land as described in the Warranty Deed from M.F.A. Central Cooperative to Missouri Farmers Association, Inc. dated December 31, 1969 and recorded in Book 385, Page 929, Records of Boone County, Missouri.

    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 6th day of June, 2005.