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HomeMy WebLinkAbout1063 Declaring Necessity of Acquiring Certain Right-of-Way and Easements for Improvement of 52nd Street and Northwood Road and Authorizing Condemnation ProceedingsBILL NO. 2011-011 ORDINANCE NO. 1063 AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN RIGHT-OF-WAY AND EASEMENTS IN REAL PROPERTY FOR PUBLIC IMPROVEMENTS ASSOCIATED WITH THE IMPROVEMENT OF 52ND STREET AND NORTHWOOD ROAD; AUTHORIZING THE CITY ADMINISTRATOR AND HIS DESIGNEES TC) NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN REAL PROPERTY; AND AUTHORIZING THE CITY ATTORNEY AND HER DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN REAL PROPERTY CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS. WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, pursuant to the advice and recommendation of the City Engineer, deems it necessary, desirable, advisable and in the public interest to obtain right-of-way and easements for the purpose of improving 52nd Street and Northwood Road, together with all appurtenances thereto, under, over, upon, across and through certain tracts within Platte County, Missouri; and WHEREAS, the City has the authority by virtue of Chapter 88 (Section 88.667) and Chapter 523 of the Revised Statutes of Missouri to acquire private property and property interests by condemnation proceedings for any public or municipal use, including the uses or purposes stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — FINDING OF PUBLIC NECESSITY FOR PROJECT. It is hereby found, determined and declared that it is necessary and in the public interest for the public purpose of improving, constructing, and widening 52nd Street and Northwood Road in the City of Riverside, pursuant to plans and specifications on file with the City Engineer, to acquire, by purchase or condemnation proceedings, the right-of-way and easements in the lands as set forth and legally described in Exhibit A attached hereto and incorporated herein as if fully set out. SECTION 2 — GOOD FAITH NEGOTIATIONS AUTHORIZED. That the City Administrator and his designees are hereby authorized to negotiate with the owners of property herein described for the purpose of acquiring said right-of-way and easements, and to offer in writing an amount not less than that amount reflected in an appraisal performed by a state - licensed or state -certified real estate appraiser. SECTION 3 — AUTHORITY TO ENTER INTO AGREEMENTS AND DISBURSE FUNDS. That the City Administrator and his designees are hereby authorized to execute necessary documents to pay and disburse funds to property owners, others holding property rights, and escrow agents pursuant to negotiated agreements associated with acquisition of said right-of-way and easements. SECTION 4 — INSTITUTION OF CONDEMNATION PROCEEDINGS AUTHORIZED. That, in the event of failure following good faith negotiations to reach agreement on the amount of compensation to be paid for the acquisition of said right-of-way and easements, the City Attorney and her designees are hereby authorized and directed to institute condemnation proceedings for the purpose of acquiring said right-of-way and easements in the manner provided for by law. 1 BILL NO. 2011-011 ORDINANCE NO. 1063 SECTION 5 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and Board of Aldermen. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of t e Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 4th day of April, 2011. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Robin Littrell Robin Littrell, City Clerk Approved as to form: /s/ Nancy Thompson Nancy Thompson, City Attorney 2 BILL NO. 2011-011 ORDINANCE NO. EXHIBIT A PROPERTY ACQUISITION TRACTS FOR IMPROVEMENT OF 52ND STREET AND NORTHWOOD TRACT 24 Section: Southeast Quarter of Section 32, Township 51 North, Range 33 West General Area: East side of Northwood Road, North of Merrimac Road Specific Purpose: Permanent Right -of -Way, Owner of Record: Michael & Michelle Sumerlin A six (6) feet wide strip of land lying East of and parallel with the East right-of-way line of Northwood Road, as now established, being more particularly described as the East 6.0 feet of the West 26.0 feet of the Southeast Quarter of Section 32, Township 51 North, Range 33 West, all being in Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision now in Riverside, Platte County, Missouri, according to the recorded plat thereof. Containing 600 square feet, more or less. Section: Southeast Quarter of Section 32, Township 51 North, Range 33 West General Area: East side of Northwood Road, South of 52nd Street Specific Purpose: Temp. Construction Esmt., Owner of Record: Michael & Michelle Sumerlin A portion of Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision now in Riverside, Platte County, Missouri, according to the recorded plat thereof, being more particularly described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 32, Township 51 North, Range 33 West; thence South 00 degrees 50 minutes 28 seconds West along the West line of the Southeast Quarter of said Section 32, a distance of 499.80 feet (500 feet. Plat) to a point on the Westerly extension of the North line of said Lot 1; thence South 89 degrees 32 minutes 04 seconds East along the Westerly extension of the North line of said Lot 1, a distance of 20.00 feet to a point on the East right-of-way line of Northwood Road, as now established, being also the Northwest corner of said Lot 1 and the Point of Beginning of the tract of land to be herein described; thence continuing South 89 degrees 32 minutes 04 seconds East along the North line of said Lot 1, a distance of 26.26 feet; thence South 00 degrees 50 minutes 28 seconds West along a line 26.26 feet East of and parallel with the West line of said Block A, a distance of 36.92 feet; thence South 38 degrees 26 minutes 19 seconds East, 26.85 feet to a point 43.26 feet East of the West line of said Block A, as measured perpendicular to the West line thereof; thence South 00 degrees 50 minutes 28 seconds West along a line 43.26 feet East of and parallel with the West line of said Block A, a distance of 42.14 feet to a point on the South line of said Lot 2; thence North 89 degrees 32 minutes 42 seconds West along the South line of said Lot 2, a distance of 43.26 feet to a point 20.00 feet East of the West line of the Southeast Quarter of said Section 32, as measured perpendicular to the West line thereof, being also a point on the East 3 BILL NO. 2011-011 ORDINANCE NO. right-of-way line of said Northwood Road and the Southwest corner of said Lot 2; thence North 00 degrees 50 minutes 28 seconds East along a line 20.00 feet East of and parallel with the West line of the Southeast Quarter of said Section 32, being also along East right-of-way line of said Northwood Road and along the West line of said Block A, a distance of 99.96 feet (100 feet, Plat) to the Point of Beginning. EXCEPT the following described tracts of land: A six (6) feet wide strip of land lying East of and parallel with the East right-of-way line of Northwood Road, as now established, being more particularly described as the East 6.0 feet of the West 26.0 feet of the Southeast Quarter of Section 32, Township 51 North, Range 33 West, all being in Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision now in Riverside, Platte County, Missouri, according to the recorded plat thereof. Also EXCEPT the following described tract of land: An Eighteen (18) feet wide strip of land over a portion of Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision now in Riverside, Platte County, Missouri, according to the recorded plat thereof, the centerline of said Eighteen (18) feet wide strip of land being more particularly described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 32, Township 51 North, Range 33 West; thence South 00 degrees 50 minutes 28 seconds West along the West line of the Southeast Quarter of said Section 32, a distance of 540.59 feet; thence South 89 degrees 09 minutes 32 seconds East, perpendicular to the last described course, a distance of 20 feet to a point on the East right-of-way line of Northwood Road, as now established, being also a point on the West line of said Block A and the Point of Beginning of the centerline of said Eighteen (18) feet wide strip of land to be herein described; thence continuing South 89 degrees 09 minutes 32 seconds East along the last described course, a distance of 26.26 feet to the Point of Termination of the centerline of said Eighteen (18) feet wide strip of land. Containing a net area of 2,554 square feet, more or less. Section: Southeast Quarter of Section 32, Township 51 North, Range 33 West General Area: East side of Northwood Road, South of 52nd Street Specific Purpose: Permanent Drainage Easement, Owner of Record: Michael & Michelle Sumerlin An Eighteen (18) feet wide strip of land over a portion of Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision now in Riverside, Platte County, Missouri, according to the recorded plat thereof, the centerline of said Eighteen (18) feet wide strip of land being more particularly described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 32, Township 51 North, Range 33 West; thence South 00 degrees 50 minutes 28 seconds West along the West BILL NO. 2011-011 ORDINANCE NO. line of the Southeast Quarter of said Section 32, a distance of 540.59 feet; thence South 89 degrees 09 minutes 32 seconds East, perpendicular to the last described course, a distance of 20 feet to a point on the East right-of-way line of Northwood Road, as now established, being also a point on the West line of said Block A and the Point of Beginning of the centerline of said Eighteen (18) feet wide strip of land to be herein described; thence continuing South 89 degrees 09 minutes 32 seconds East along the last described course, a distance of 26.26 feet to the Point of Termination of the centerline of said Eighteen (18) feet wide strip of land. EXCEPT the following described tract of land: A six (6) feet wide strip of land lying East of and parallel with the East right-of-way line of Northwood Road, as now established, being more particularly described as the East 6.0 feet of the West 26.0 feet of the Southeast Quarter of Section 32, Township 51 North, Range 33 West, all being in Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision now in Riverside, Platte County, Missouri, according to the recorded plat thereof. Containing a net area of 365 square feet, more or less. 5 CITY OF RIVERS MIISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: March 7, 2011 AGENDA DATE: March 15, 2011 TO: Mayor and Board of Aldermen FROM: Travis Hoover, City Engineer RE: Nancy Thompson, City Attorney BACKGROUND: Condemnation proceedings for Northwood Road - Summerlin acquisition. This issue was first presented to the Board for consideration in July of last year. Design and improvement of Northwood as a collector street requires additional right- of-way. Currently, no right-of-way exists for that portion of the road south of Merrimac and the portion north of Merrimac is too narrow to construct a street to commercial standards. There are a total of 37 properties from which right-of-way is required as a part of this project. Currently, the City has acquired the necessary right-of-way from 36 of the 37 properties. Condemnation on the last parcel (Summerlin) was authorized and presented to the Platte County Circuit Court last November in a contested hearing at which Mr. Summerlin appeared and objected to the taking. His major complaints related to the size of the taking and the loss of trees in the front yard. Following the hearing, Judge Hull did not approve the condemnation of the Summerlin tract, and found against the City, without prejudice (which means the City was free to file an additional action, if desired, to condemn the tract). Staff worked with the engineers to redesign the project to lessen the impact on the Summerlin tract and meet Mr. Summerlin's major stated concern of salvaging trees in the front yard. The original appraisal submitted in the first action was $10,103.00. Following redesign, the new appraisal to acquire the necessary right of way and construction easements has been reduced to $7,334.00. Summerlin continues to be unwilling to enter into a voluntary agreement with the City to acquire the property, even following the redesign of the project. Authority is requested to re-engage Summerlin in formal negotiations and to grant the authority to file a condemnation action in the event the formal negotiations are not successful. The cost to redesign the drainage and improvements adjacent to the Summerlin tract are have not been finalized, but are anticipated to be less than $5,000.00. Williams and Campo has agreed to prepare and conduct the second condemnation proceeding at no cost for additional legal fees to the City. Construction of the roadway improvements will begin on the south end of the project, resulting in no project delay due to the continued activity and discussions with Mr. Summerlin.