Section 106-397; Ord. 18604; Declaring the need to acquire the fee interest in land currently leased for the Daniel Boone Building; authorizing acquisition by negotiation or, if necessary, by condemnation


Ordinance No.            18604                      Council Bill No.            B 244-05           


AN ORDINANCE

declaring the need to acquire the fee interest in land currently leased for the Daniel Boone Building; 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 currently leased for the Daniel Boone Building:

John C. Cheavens; David L. Fabacher and Barbara Crum Fabacher, Trustees; Jeri Crum Vanlandingham; John Bradford Crum and James Louis Crum III:
Fee Simple Total Acquisition

A part of Lots Two Hundred Fourteen (214) and Two Hundred Fifteen (215) in the Original Town, now City of Columbia, Missouri, described as follows:

BEGINNING    at the Northwest corner of Lot Two Hundred Fourteen (214); thence East along the North line of Lots Two Hundred Fourteen (214) and Two Hundred Fifteen (215), 113 feet to Guitar Street; thence South along the West side of Guitar Street 44.5 feet to an alley; thence West parallel with the North line of said Lots Two Hundred Fourteen (214) and Two Hundred Fifteen (215), 113 feet to the West line of Lot Two Hundred Fourteen (214); thence North 44.5 feet to the POINT OF BEGINNING.

AND

Connie Sue Parr; Kimberly M. Sapp Poulos; Charles Bryan Miller; George Conley Miller; Helen D. Hamilton; Milo C. Hamilton; Emily H. Puskar; Dudley Conley Miller Fee Simple Total Acquisition

Part of Lots Two Hundred Fourteen (214) and Two Hundred Fifteen (215) in the Old Town, now City of Columbia, Boone County, Missouri, more particularly described as follows:

BEGINNING at a point on the North line of Broadway Street in said City, 73 feet East of the Southwest corner of said Lot Two Hundred Fourteen (214); thence East along the North line of Broadway, 40 feet, more or less, to Guitar Street; thence North along the West line of Guitar Street, 88-1/2 feet, more or less, to an alley; thence West along the South line of said alley, 40 feet, more or less; thence South to the POINT OF BEGINNING, Boone County Records.

    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 18th day of July, 2005.