Section 108-053; Ord. 19383; Declaring the need to acquire easements necessary to construct sidewalks along the south side of Business Loop 70 West between I-70 Drive Southwest and Sexton Road

declaring the need to acquire easements necessary to construct sidewalks along the south side of Business Loop 70 West between I-70 Drive Southwest and Sexton 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 1. The City Council hereby declares the need to acquire easements for construction of sidewalks along the south side of Business Loop 70 West between I-70 Drive Southwest and Sexton Road described as follows:

The north four (4) feet of a tract of land described in a warranty deed in Book 788 at Page 309, said tract being Lot 2 of Dowding Subdivision as recorded in Plat Book 24 at Page 55, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 259 square feet all within a platted 10 foot utility easement.

The north eight (8) feet of a tract of land described in a warranty deed in Book 788 at Page 309, said tract being Lot 2 of Dowding Subdivision as recorded in Plat Book 24 at Page 55, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 261 square feet exclusive of permanent sidewalk easement granted this date and all within a platted 10 foot utility easement.

The north four (4) feet of a tract of land described in a warranty deed in Book 2764 at Page 140, said tract being Lot 1 of U-Haul Subdivision as recorded in Plat Book 24 at Page 15, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 608 square feet.

The north eight (8) feet of a tract of land described in a warranty deed in Book 2764 at Page 140, said tract being Lot 1 of U-Haul Subdivision as recorded in Plat Book 24 at Page 15, both of the Boone County Records; situate in the City of Columbia, Boone County, Missouri and containing 623 square feet exclusive of permanent sidewalk 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 nonresident 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.