HomeMy WebLinkAbout2007-007 - Approval to Acquire Certain Lands from H. and L. Edwards~:
STATE DF MISSOURI
COUNTY Of PLATTE SS
t CERTIFY INSTRUMENT RECEIVED
1001 JAN 19 P 2~ 33 ~
RECO~D~D BQO~~
LOR A OY R:
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Title of Document: Ordinance No. 2007-07
Date of Document: January 16, 2007
Grantor: Harry C. and Lucille Edwards
Grantee: The City of Riverside
Address: 2950 NW Vivion Road, Riverside, Missouri 64150
Legal Description: Exhibit A -Property Acquired; Exhibit B -Property Conveyed
001014
Bill No. 2007-07 Ordinance No. 2007-07
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI,
TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL ASSOCIATED
APPURTENANCES FROM HARRY C. AND LUCILLE C. EDWARDS, AND CONVEY "'
CERTAIN LAND AND IMPROVEMENTS AND ALL ASSOCIATE APPURTENANCES TO ~
HARRY C. AND LUCILLE C. EDWARDS, FOR HORIZONS PARKWAY PUBLIC ~
IMPROVEMENT PROJECT
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WHEREAS the Ci of Riverside the "Ci
ty ( ty) is authorized by Missouri statute to acquire, ~
.
through purchase, eminent domain or other methods, private property for public use for the purpose of ..
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improving a public road, and the City is further authorized to sell or otherwise transfer property owed by ,~
the City;
WHEREAS, the City desires to so acquire the Right-of--Way and Temporary Construction
Easements described in Exhibit A (the "Property"), across the property commonly known as Parcel ID
#23-3.0-07-000-000-006-000, for the purpose of making improvements to a public road; and
WHEREAS, the City made agood-faith offer to acquire the Property; and
WHEREAS, the owner of record of the Property accepted the City's good-faith offer; and
WHEREAS, the City desires to acquire the Property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to
accomplish and serve the public purpose of improving a public road by obtaining the Property, which
Property is thereby to be put to a vital and necessary public use and purpose.
Section 2. The City made a final offer to acquire the Property by negotiation in the amount of
$2,136.00, and conveyance to the owners of the Property of fee simple title to the property currently
owned by the City described in Exhibit B (the "City Property").
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Section 3. The owners of the Property have accepted the City's final good-faith offer to
acquire the Property.
Section 4. The acquisition of the Property is authorized and approved pursuant to the
authority vested in the City .by and under the Constitutions, laws, ordinances, rules and
regulations of the City, the State of Missouri and of the United States of America, including,
without limitation, RSMo. §88.667 and Missouri Rules of Civil Procedure, Rule 86.
Section 5. The Mayor, the City Administrator, the City Attorney and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to cant' otxt and comply with the intent of this Ordinance and to execute and deliver
for and on behalf of the City all certificates, instruments, agreements and other documents, as
may be necessary or convenient to perform all matters herein authorized, and to pay the purchase
price and convey the City Property to the owners.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED by the Board of Aldermen of the City of Riverside, Missouri, this
~~ay of January, 2007.
Mayor Kathleen L. Rose
ATTEST:
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PERM. LAND SWAP
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TRACT P30 S/8'27'30'W
HARRY C. EDWARDS AND 35.03' Q
LUCILLE C. EDWARDS '
AS CO-TRUSTEES \IA
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2400 Pershing Rd.
Suite 400
Kansas City. Missouri 64108
(816) 329-8600
RIVERSIDE HORIZONS
HARRY 8 LUCILLE EDWARDS
TRACT P30
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PROJECT NAME: I-635 /HORIZONS PARKWAY
PROJECT NUMBER: P101020298
LOCATION: RIVERSIDE; PLATTE COUNTY, MISSOURI
OWNER: HARRY C. EDWARDS AND LUCILLE C. EDWARDS, AS CO-TRUSTEES
TRACT NUMBER: P30
PERMANENT RIGHT-OF-WAY DESCRIPTION
A TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY PURPOSES LOCATED IN THE
NORTHEAST QUARTER OF FRACTIONAL SECTION 7, TOWNSHII' S0 NORTH, RANGE 33
WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID
NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
FRACTIONAL SECTION 7, TSON, R33W, BEING A FOUND 1/2 INCH IRON BAR, PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115; THENCE N00° 19'39"E ALONG THE EAST
LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 816.57 FEET TO THE POINT OF
BEGINNING; THENCE N89°18'45"W, A DISTANCE OF 83.78 FEET; THENCE N18°2T30"E, A
DISTANCE OF 269.22 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER;
THENCE S00°19'39"W ALONG SAID EAST LINE, A DISTANCE OF 256.38 FEET TO THE POINT
OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 10,739 SQUARE FEET OR 0.2465 ACRES, MORE
OR LESS.
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PROJECT NAME: I-635 /HORIZONS PARKWAY
PROJECT NUMBER: P101020298
LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI
OWNER: HARRY C. EDWARDS AND LUCILLE C. EDWARDS, AS CO-TRUSTEES
TRACT NUMBER: P30
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED
IN THE NORTHEAST QUARTER OF FRACTIONAL SECTION 7, TOWNSHIP 50 NORTH, RANGE
33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO
GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
FRACTIONAL SECTION 7, TSON, R33W, BEING A FOUND 1/2 INCH IRON BAR, PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115; THENCE N00°19'39"E ALONG THE EAST
LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1072.94 FEET TO THE POINT OF
BEGINNING; THENCE 518°2730"W, A DISTANCE OF 35.03 FEET; THENCE N00°2T51 "W, A
DISTANCE OF 235.81 FEET; THENCE N62°19'58"W, A DISTANCE OF 79.84 FEET; THENCE
S89°18'44"E, A DISTANCE OF 85.08 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHEAST QUARTER; THENCE S00°19'39"W ALONG SAID EAST LINE, A DISTANCE OF
238.62 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 4,570 SQUARE FEET OR 0.1049 ACRES, MORE OR
LESS.
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001014
PROJECT NAME: I-635 /HORIZONS PARKWAY
PROJECT NUMBER: P101020298
LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI
OWNER: CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI
TRACT NUMBER: P30-ADD (CITY TO EDWARDS)
PERMANENT LAND SWAP DESCRIPTION
A TRACT OF LAND FOR PERMANENT LAND SWAP PURPOSES LOCATED IN THE
NORTHWEST QUARTER OF FRACTIONAL SECTION 8, TOWNSHIP S0 NORTH, RANGE 33
WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID
NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
FRACTIONAL SECTION 8, TSON, R33W, BEING A FOUND 1/2 INCH IRON BAR, PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115; THENCE N00° 19'39"E ALONG THE WEST
LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1072.94 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING N00°19'39"E ALONG SAID WEST LINE OF THE
NORTHWEST QUARTER, A DISTANCE OF 238.62 FEET TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8;
THENCE S89°31'26"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, A DISTANCE OF 78.07 FEET; THENCE S18°2730"W, A DISTANCE OF
250.88 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 9,315 SQUARE FEET OR 0.2138 ACRES, MORE OR
LESS.
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STATE. i'F N'ISSLL'RI SS
CQ'1?dTY G~ PLATTE
i ci;~,nFY INSTRUMEN 1 RECEIVED
2008 APR 25 A 9~ 0.9y~n~[
RECORuE~E~:~~;K~~OV P3.~
G~LO~RhA B~O~YER.PLATTE CO.RECORDEi
00604.1
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT, made this fib''''" day of ~E,p~,~,oart Eby and between:
Harry C. and Lucille C. Edwards whose address is yyoQ (9a.~tt..~e~ Grantor, and the (~ity
of Riverside, Missouri, a Missouri municipality, whose address is 2950 N.W. Vivion Road,
Riverside, Missouri 64150, Grantee.
WITNESSETH, that the Grantor, in consideration of the sum of NO/100($0.00) and other good
and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, does by these presents grant, bargain, sell, convey, and confum unto Grantee, its
successors and assigns, a temporary easement and right of way, for a period not to exceed two (2)
years from the date first stated above of the Cliffview Road and West Platte Bridge Projects, over,
along, across, and under the described lots, tracts, or parcels of land lying, being and situated in
Platte County, Missouri, described in Exhibit A attached hereto and incorporated herein, including
the right, privilege and easement, to survey, construct, operate, patrol, inspect, maintain, alter,
repair, rebuild and remove, on, under and over the easement described herein, now or at any future
time, for the construction, improvement, reconstruction and maintenance of a street, roadway or
thoroughfare. The easement granted herein includes the right to move, store and remove equipment
and supplies, and erect and remove temporary structures on the land and to perform any other work
necessary and incident to the street improvements, including the right to trim, cut, fell and remove
therefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the
easement, together with the right to remove or relocate conduits, water, gas, sewer pipes, pales,
wires, surface drainage facilities, ducts, or cables; reserving, however, to Grantor, their heirs and
assigns, all such rights and privileges as may be used without interfering with or abridging the rights
and easement herein acquired.
GRANTOR further states that it is lawfully seized of title to the land through which the easement is
granted and that is has good and lawful right to convey the easement to the Grantee herein.
IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as
practicable to its original condition, after the construction works, or any subsequent maintenance or
repair operations.
THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant
running with the land and shall be binding upon the successors and assigns of the Grantor.
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TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the Grantee and to its successors and assigns
forever.
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this '- Cow day of
~ ~ ~y(~~ , 2007.
GRANTOR:
Name: t_v~.-c.~ c. Eo~~~n,as
a ~ ~ Individuals
,,~. , .
STATE OF ~~ )
r ) ss.
COUNTY OF )
/ On this day of in the year 200 before me,
~,C ~ , a ~ Public in for said State, personally
appeared G - / and ~ own to me to be the
persons who exec ed the within Right of Way Deed, and acknowledged to me that they
executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
;/liini~y and State aforesaid, the day and year first above written.
My Carxrdision ExpUes ~ 2d. 2~[ (Printed Name)
Cortrnlsslon 10611 53 [
My ommission Expires:
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C:\Documents and Settings\bmiles\I.ocal Settings\Temporary Internet Files\OLK15E\Edwnrd Temporary Construction Easement 2007.doc 2
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EXHIBIT
TRAC ~ P3(~ ~ P30-A
S89°l8'44"E I S89°3~'26"E
TRACT P30
HARRY C. EDWARDS AND
IUCILLE C. EDWARDS
AS CO-TRUSTEES
FILE /~CE0404030
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HARRY 8 I.UCILLE I.DWARDS
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PROJECT NAME: I-635 /HORIZONS PARKWAY 6 41
PROJECT NUMBER: P101020298
LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI
OWNER: HARRY C. EDWARDS AND LUCILLE C. EDWARDS, AS CO-TRUSTEES
TRACT NUMBER: P30
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED
IN THE NORTIEAST QUARTER OF FRACTIONAL SECTION 7, TOWNSHIP 50 NORTH, RANGE
33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO
GRID NORTH OF THE IvIISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
FRACTIONAL SECTION 7, TSON, R33W, BEING A FOUND 1/2 INCH IRON BAR, PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115; THENCE N00°19'39"E ALONG THE EAST
LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1072.94 FEET TO THE POINT OF
BEGINNING; THENCE S18°27'30"W, A DISTANCE OF 35.03 FEET; THENCE N00°27'S1"W, A
DISTANCE OF 235.81 FEET; THENCE N62°19'58"W, A DISTANCE OF 79.84 FEET;'I'I~NCE
S89°18'44"E, A DISTANCE OF 85.08 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHEAST QUARTER; THENCE S00°19'39"W ALONG SAID EAST LINE, A DISTANCE OF
238.62 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 4,570 SQUARE FEET OR 0.1049 ACRES, MORE OR
LESS.
_ STATE Of MISSOURI SS
I CERT F Y 11St M tATRECEIVED Q ®6 Q~ 2
20D8 APR 25 A 9~ 10
RECORDED 6` K ~~~ Pg, S
GL~O~RI~A~B~OYEft.PLATtECO.RECO DEi
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RIGHT OF WAY DEED
THIS AGREEMENT, made this ~ day of ~ E(t~~g~,{ , 2007, by and between
Harry C. Edwards and Lucille C. Edwards, husband and wife, whose address is 4408 Baltimore
Court Kansas City, MO 64116 Grantor, and the City of Riverside, Missouri, a Missouri
municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantee. ~
WITNESSETH, that the Grantor, in consideration of the sum of two thousand one hundred
thirty-six dollars ($2,136) and other good and valuable consideration to it paid by the Grantee, N
the receipt and sufficiency of which is hereby acknowledged, does by these presents grant,
bargain, sell, convey, and confirm unto Grantee, its successors and assigns, a Right of Way for c-°i
the construction, improvement, reconstruction and maintenance of a right of way for public use o
as a street, roadway or thoroughfare, including but not limited to, the use of conduits, water, I;as, `'~
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sewer pipes, poles, wires, surface drainage facilities, ducts, cables on, over, along, across, and ~
under the described lots, tracts, or parcels of land lying, being and situated in Platte Comity,
Missouri, to-wit:
See Exhibit A attached hereto and incorporated herein.
GRANTOR further states that it is lawfully seized of title to the land through which the Right of
Way is granted and that is has good and lawful right to convey the Right of Way to the Grantee
herein.
THIS GRANT and right of way shall, at all times be deemed to be and shall be, a continuing
covenant n,nning with the land and shall be binding upon the successors and assigns of the
Grantor
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the Grantee and to its successors and assigns
forever.
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IN WITNESS WHEREOF, the Grantor has hereunto set its hand this ~ (G,~ day of
~~q~~0.~ 2007.
GRANTOR:
Name: Harry C. Edwards
Name: Lucille C. Edwards
Individuals
STATE OF )
ss.
COUNTY OF ) ~
On this ~ day of ~ 99~_7/k in the year 2007 before me,
~ , a N Public in and for said State, personally
appeared Harry C. dward and Lucille C. Edward known to me to be the persons who executed
the within Right of Way Deed, and acknowledged to me that they executed the same for the
purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and year first above written. ~
~ i
UIS F.
NOTARY PUBUC - NOTARY SEAL `-' '
State c! Missouri '
Platte County -
MY CartMnlssion Expires Aua 28.2009
Comm~ss!on #05484 53 (Printed Name)
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Notary Public
My commission Expires:
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EXHIBIT ~~33~'
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~ `„ ~ FILE #OE0404017
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PERM. LAND SWAP
TRACT P30 Sf8'27'30'W
HARRY C. EDWARDS AND 35.03' Q
LUCILLE C. cDWARDS
AS CO-TRUSTEES ~ ~~ ~
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2400 Pershing Fd.
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Kansas City. Missouri 6410$
(81.61 329-8600
PROJECT NAME: I-635 /HORIZONS PARKWAY 0 0 6 0 ~~ 2
PROJECT NUMBER: P101020298
LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI
OWNER: HARRY C. EDWARDS AND LUCILLE C. EDWARDS, AS CO-TRUSTEES
TRACT NUMBER: P30
PERMANENT RIGHT-OF-WAY DESCRIPTION
A TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY PURPOSES LOCATED IN THE
NORTHEAST QUARTER OF FRACTIONAL SECTION 7, TOWNSHII' S0 NORTH, RANGE 33
WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID
NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
FRACTIONAL SECTION 7, T50N, R33W, BEING A FOUND 1/2 INCH IRON BAR, PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115; THENCE N00°19'39"E ALONG THE EAST
LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 816.57 FEET TO THE POINT OF
° ~ ~~
BEGINNING; THENCE N89 18 45 W, A DISTANCE OF 83.78 FEET; THENCE N 18°27'30"E, A
DISTANCE OF 269.22 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER;
THENCE S00°19'39"W ALONG SAID EAST LINE, A DISTANCE OF 256.38 FEET TO THE POINT
OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 10,739 SQUARE FEET OR 0.2465 ACRES, MORE
OR LESS.
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