Section 110-313; Ord. 20319; Declaring the need to acquire easements for construction of sidewalks along the east side of Providence Road from Blue Ridge Road to Smiley Lane


Ordinance No. 20319                            Council Bill No. B 165-09

     AN ORDINANCE

declaring the need to acquire easements for construction of sidewalks along the east side of Providence Road from Blue Ridge Road to Smiley Lane; 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 east side of Providence Road from Blue Ridge Road to Smiley Lane as follows:

Alex Ligonis
Temporary Construction Easement
Parcel # 11-904-00-05-138.00 01

The west 6.0 feet of Lot 769 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 3117 at Page 183, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 170 square feet.  



Joshua A. Hendrix and Lesley E. Hendrix
Temporary Construction Easement
Parcel # 11-904-00-05-137.00 01

The west 6.0 feet of Lot 768 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 2806 at Page 151, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 910 square feet.  

Robert E. Graves and Carolyn Sue Graves
Temporary Construction Easement
Parcel # 11-904-00-05-136.00 01

The west 10.0 feet of Lot 767 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 3088 at Page 3, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 750 square feet.  

Klint C. Keltner
Temporary Construction Easement
Parcel # 11-904-00-05-135.00 01

The west 10.0 feet of Lot 766 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 2943 at Page 162, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 750 square feet.  

Penny L. Kleen
Temporary Construction Easement
Parcel # 11-904-00-05-134.00 01

The west 10.0 feet of Lot 765 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 3180 at Page 6, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 750 square feet.  

Edward Sifling and Donna M. Sifling
Temporary Construction Easement
Parcel # 11-904-00-05-133.00 01

The west 10.0 feet of Lot 764 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 3073 at Page 9, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 750 square feet.  

Loraine Renfroe
Temporary Construction Easement
Parcel # 11-904-00-05-132.00 01

The west 10.0 feet of Lot 763 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 2769 at Page 144, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 695 square feet.  

Brandy R. Cross and Gabriel N. Halicks
Temporary Construction Easement
Parcel # 11-904-00-05-131.00 01

The west 13.0 feet of Lot 762 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 2937 at Page 191, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 973 square feet.  

Kesi E. Holbrook and Christopher M. Holbrook
Temporary Construction Easement
Parcel # 11-904-00-05-130.00 01

The west 13.0 feet of Lot 761 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 3435 at Page 66, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 2001 square feet.  

James A. Schremmer
Temporary Construction Easement
Parcel # 11-904-00-05-129.00 01

The west 13.0 feet of Lot 760 in Hunter’ s Gate Plat Number 3A as recorded in Plat Book 38 at Page 22, being a portion of a tract of land described by a warranty deed recorded in Book 2758 at Page 30, located in the southeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 1385 square feet.  

Steve Herigon Construction, Inc
Temporary Construction Easement
Parcel # 11-904-00-08-269.00 01
Parcel # 11-904-00-08-270.00 01
Parcel # 11-904-00-08-447.01 01

The west 13.0 feet of Lot 286 in Vanderveen Crossing Plat 7 as recorded in Plat Book 36 at Page 27, being a portion of a tract of land described by a warranty deed recorded in Book 1754 at Page 65, located in the northeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 1634 square feet.  

The west 8.0 feet of Lot 287 in Vanderveen Crossing Plat 7 as recorded in Plat Book 36 at Page 27, being a portion of a tract of land described by a warranty deed recorded in Book 1754 at Page 65, located in the northeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 894 square feet.  

The west 8.0 feet of Lot 464B in Vanderveen Crossing Plat 9A as recorded in Plat Book 37 at Page 44, being a portion of a tract of land described by a warranty deed recorded in Book 1754 at Page 65, located in the northeast quarter of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri and containing 856 square feet.  

Vanderveen Crossing Homeowners Association, Inc.
Temporary Construction Easement
Parcel # 11-904-00-08-447.00 01
Warranty Deed in Book 3293, Page 142

Portions of Lot 464A of Vanderveen Crossing Plat 9A as recorded in Plat Book 37 at Page 44, described by a warranty deed recorded in Book 3293 at Page 142, and located in the north half of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Tract 1:  Starting at the southeast corner of said Lot 464A; Thence with the south line of Lot 464A, N84°21’ 30”W, 52.65 feet; Thence with the lot line, 20.79 feet with a 30.0-foot radius curve to the right (chord bears N64°30’ 15”W, 20.38 feet), said point being the Point of Beginning: Thence continuing with the lot line, 23.86 feet with the 30.0-foot radius curve to the right (chord bears N21°51’ 45”W, 23.24 feet); Thence with the west lot line, N0°55’ 30”E, 82.04 feet; Thence S89°04’ 30”E, 9.0 feet; Thence S0°55’ 30”W, 103.5 feet to the Point of Beginning and containing 871 square feet.

Tract 2:  Starting at the northeast corner of said Lot 464A; Thence with the north line of Lot 464A, N89°33’ 30”W, 50.25 feet; Thence with the lot line, 21.64 feet with a 30.0-foot radius curve to the right (chord bears S69°46’ 45”W, 21.17 feet), said point being the Point of Beginning: Thence parallel with the west line of Lot 464A, S0°55’ 30”E, 537.3 feet; Thence S89°04’ 30”E, 2.0 feet; Thence parallel with the west line of Lot 464A, S0°55’ 30”E, 92.2 feet; Thence N89°04’ 30”W, 12.0 feet to the west line; Thence with the west lot line, N0°55’ 30”W, 608.14 feet.; Thence continuing with the lot line, 25.23 feet with the 30.0-foot radius curve to the right (chord bears N25°01’ 15”E, 24.49 feet) to the Point of Beginning and containing 6421 square feet.

Steve Herigon Construction, Inc.
Temporary Construction Easement
Parcel # 11-904-00-08-268.00 01

A portion of Lot 285 of Vanderveen Crossing Plat 6 as recorded in Plat Book 34 at Page 88,  being a portion of a tract of land described by a warranty deed recorded in Book 1630 at Page 733, and located in the north half of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Starting at the southeast corner of said Lot 285; Thence with the south line of Lot 285, N89°31’ 45”W, 49.75 feet; Thence with the lot line, 20.83 feet with a 30.0-foot radius curve to the right (chord bears N69°38’ 30”W, 20.41 feet), said point being the Point of Beginning: Thence continuing with the lot line, 26.55 feet with the 30.0-foot radius curve to the right (chord bears N24°24’ W, 25.69 feet); Thence with the west lot line, N0°57’ 15”E, 898.79 feet.; Thence S89°02’ 45”E, 20.0 feet; Thence S0°57’ 15”W, 350.44 feet; Thence N89°02’ 45”W, 9.0 feet; Thence S0°57’ 15”W, 571.57 feet to the Point of Beginning and containing 13,218 square feet.

Steve Herigon Construction, Inc.
Temporary Construction Easement
Parcel # 11-904-00-08-216.00 01

A portion of Lot 233 of Vanderveen Crossing Plat 6 as recorded in Plat Book 34 at Page 88, being a portion of a tract of land described by a warranty deed recorded in Book 1630 at Page 733, and located in the north half of section 36, township 49 north, range 13 west, Columbia, Boone County, Missouri, described as follows:

Beginning at the southwest corner of Lot 233; Thence with the west lot line, N0°57’ 15”E, 279.31 feet; Thence continuing with the lot line, 49.09 feet on a 30.0-foot radius curve to the right (chord bears N47°49’ 30”E, 43.79 feet to the north line of Lot 233; Thence with the north lot line, S85°18’ E, 6.29 feet; Thence S4°42’ W, 19.6 feet; Thence N85°18’ W, 22.0 feet; Thence S0°57’ 15W, 290.71 feet to the south line of Lot 233; Thence N89°02’ 45”W, 15.0 feet to the Point of Beginning and containing 4882 square feet.

    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.

    SECTION 5.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 6th day of July, 2009.