Series 106 2005 ORDINANCES/RESOLUTIONS
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
Bill No. B 474-05
declaring the need to acquire easements necessary to construct a 36-inch water transmission
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
A strip of land over and across a tract of land in the east half of Section 12, Township
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
Starting at the South 1/4 corner of Section 12-47-14, as located and described by a
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.
Continuing with the centerline of said twenty (20) foot strip and starting at Point
described, N 46°18'00"E 100.00 feet to the northeasterly line of the Katy Trail, the POINT
BEGINNING; thence N 46°18'00"E 65.33 feet; thence N 0°16'50"W 5.00 feet to the south
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
Book 1762, Page 358.
SECTION 2. The City Manager is authorized
to acquire the land described in Section 1 by
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.