Section 106-777; Ord. 18829; Declaring the need to acquire easements necessary to construct a 36-inch water transmission main from the McBaine Water Treatment Plant to Star School Road


Ordinance No.            18829                      Council Bill No.             B 474-05          

AN ORDINANCE

declaring the need to acquire easements necessary to construct a 36-inch water transmission main from the McBaine Water Treatment Plant to Star School Road; 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 easements necessary to construct a 36-inch water transmission main from the McBaine Water Treatment Plant to Star School Road described as follows:


THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI
PERMANENT EASEMENT

A strip of land over and across a tract of land in the east half of Section 12, Township 47 North, Range 14 West in Boone County, Missouri, described by a deed recorded in Book 805, Page 711 of the Boone County Records.  Said strip to be twenty (20) feet wide, the centerline described as follows:

Starting at the South 1/4 corner of Section 12-47-14, as located and described by a survey recorded in book 868, page 204 of the Boone County Records; thence following a survey recorded in Book 1762, Page 358, East 1927.60 feet; thence North 1757.00 feet; thence S 88°27'00"E 25.01 feet to the POINT OF BEGINNING; thence North 278.73 feet; thence N 3°44'20"W 2915.47 feet; thence N 46°18'00"E  20.00 feet to the southwesterly line of the Katy Trail described by a Quit-Claim Deed recorded in Book 642, Page 600 of the Boone County Records, said point designated as Point A, the END of described line.

ALSO:

Continuing with the centerline of said twenty (20) foot strip and starting at Point A, above described, N 46°18'00"E 100.00 feet to the northeasterly line of the Katy Trail, the POINT OF BEGINNING; thence N 46°18'00"E 65.33 feet; thence N 0°16'50"W 5.00 feet to the south line of a tract described by a survey recorded in Book 388, Page 16 of the Boone County Records, the END of described line.  The above strip contains 1.50 acres.

The bearings of the above described centerline are based on bearings of the survey recorded in Book 1762, Page 358.

    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 19th day of December, 2005.