HomeMy WebLinkAbout2007-028 - Acquire Certain Lands from EZ Enterprises{ - r .
BILL N0.2007-28
ORDINANCE N0.2007-28
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE,
MISSOURI, TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL
ASSOCIATED APPURTENANCES AND IMPROVEMENTS FROM EZ ENTERPRIZE
FOR THE WEST PLATTE BRIDGE PROJECT
WHEREAS, the City of Riverside (the "Cit}~') is authorized by Missouri statute to
acquire, through purchase private property for public use for the purpose of improving a public
road; and
WHEREAS, the City desires to so acquire the real property described in Exhibit A (the
"Property"), commonly known as Parce123-2.0-04-300-001-007-000, for the purpose of making
improvements to a public road; and
WHEREAS, the City made agood-faith offer to purchase the Property for fifty-six
thousand dollars ($56,000) 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 TT 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 in the amount of Fifty-Six Thousand Dollars and No
Cents ($56,000.00) to acquire the fee ownership interest in the Property by negotiation.
Section 3. The owner of the Property has accepted the City's final good-faith offer to acquire
the fee ownership interest in the Property.
Section 4. The acquisition of the Property is authorized and approved pursuant to the
authority vested in the City.
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 carry out 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
maybe necessary or convenient to perform all matters herein authorized, and to pay the purchase
price of Fifty-Six Thousand Dollars and No Cents ($56,000.00) to the owner.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
approval.
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ADOPTED by the Boazd of Aldermen of the City of Riverside, Missouri, and approved by the
Mayor of Riverside, this ~ day of March, 2007.
~~~~~
Ma or Kathleen L. Rose
ATTEST:
ity Clerk
.~ ; .~ ;~ ~
Exhibit A
Legal Description
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Date /Parcel No: March 25, 2006 / 23-2.0-04-300-001-007-000 (Tract 53)
City /County: Riverside /Platte
Section: South Half of Section 4, Township 50 North, Range 33 West
General Area: Northwest Quadrant of West Platte Road and North Gateway Drive
Specific Purpose: Permanent Right-of-Way, E Z Enterprises, Inc. (total acquisition)
All that part of Lot 8, RENNER PLAZA No. 4, a subdivision in Riverside, Platte County,
Missouri, according to the recorded plat thereof which lies South of the permanent right-of--way
of Tract 152 of the Riverside - Quindaro Bend Levee District as said Tract was set forth by the
Order and Judgement Confirming Commissioners' Report, filed as Document No. 19451 in
Book 957 at Page 142 in the Office of the Recoxder of Deeds in Platte City, in said County and
State, being more particularly described as follows:
Beginning at the Southeast corner of said Lot 8, being also a point on the Noutherly right-
of-way line of West Platte Road, as now established; thence North 00 degrees 51 minutes 09
seconds East along the East line of said Lot 8, a distance of 129.34 feet to the Southeast comer of
the permanent right-of-way of said Tract 152; thence Westerly along the Southerly line of the
permanent right-of--way of said Tract 152, the following courses and distances; thence South 89
degrees 12 minutes 34 seconds West (South 89 degrees 12 nunutes 14 seconds West, Deed), a
distance of 75.63 feet; thence North 73 degrees 02 minutes 31 seconds West (North 73 degrees
02 minutes 51 seconds West, Deed), a distance of 25.40 feet to the Southwest corner of the
permanent right-of--way of said Tract 152, being also a point on the West line of said Lot 8,
thence South 00 degrees 51 minutes 09 seconds West along the West line of said Lot 8 and no
longer along the Southerly line of the permanent right-of--way of said Tract 152, a distance of
117.65 feet to the Southwest corner of said Lot 8, being also a point on the Northerlyright-of-
way line of said West Platte Road; thence Southeasterly along the Southerly line of said Lot 8,
being also along said Northerlyright-of--way line, the following courses and distances; thence
South 81 degrees 38 minutes 49 seconds East, 12.34 feet; thence Southeasterly along a curve to
the right, tangent to the last described course, having a radius of 1,176.28 feet and a central angle
of 04 degrees 20 minutes 15 seconds, an arc length of 89.05 feet to the Point of Beginning.
Containing 11,986 square feet or 0.275 acres, more or less.
S:~Dwgs\1055441Descriptions\Tract 53 PROW.wpd
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Permanent Right of Way
Easement Exhibit for
Tract 53
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Owner Troat 53.• EZ Enterprises, inc.
Right of Woy = 11,986 SF.
1056D4 or 0.275 Acres~E
(4-60--39) plette Ca
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GRAPHIC SCALE
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5~UN7Y QMISSATIf. SS
I CERTIFY INSiitUMt1.tii NECEIYEO
~ zou~ r~aY -a a ~ as ~
//J°'~ t16L~61A~0YERKPIA~ ~~CO.
r ----(Above for Recorder's Use)
MISSOURI QUIT CLAIM DEED
THIS INDENTURE, Made as of ,May ~, 2007, by E Z Enterprises, Inc., Grantor,
whose address is 2627 N.W. Platte Road, Kansas City, MO 64150 and the City of Riverside, ~ ,
Missouri, Grantee, whose mailing address is 2950 N.W. Vivion Road, Riverside, Missouri
64150. '-
WITNESSETH, that Grantor, in consideration of the sum of TEN AND NO/100 ~
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DOLLARS ($10.00) to it paid by Grantee (the receipt and sufficiency of which is hereb
acknowledged) does by these presents REMISE, RELEASE and FOREVER QL-TT CLAIM unto
Grantee, the following described property, lying, being and situated in the City of Riverside,
County of Platte and State of Missouri, to wit:
See Exhibit A attached hereto and
incorporated herein by this reference
TO HAVE AND TO HOLD THE SAME, with all the rights, immunities, privileges and
appurtenances thereto belonging, unto Grantee and unto its successors and assigns forever; so
that neither Grantor nor its successors and assigns nor any other' p ns° t orptitle to thelaforesaid
name or behalf, shall or will hereinafter claim or demand an these resents, be excluded and
premises or any part thereof, but they and each of them shall, by p
forever barred.
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IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above
written.
"GRANTOR"
E Z ENT S~~
By
Name: Ri/ch~ard E. Zelfer
Title: /~/
ACKNOWLEDGEMENT
STATE OF MISSOURI )
ss.
COUNTY OF PLATTE )
On this ~ day of2007, before me appeared ~ to me
personally known, who, being by me duly sworn, did say that he is a of E
Z Enterprises, Inc., a Missouri corporation, and that the seal affixe to oregoing instrument is
the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors; and he acknowledged said instnunent to
be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed official seal in the
County and State aforesaid, the day and year firs a~~written. ~~" ~ ~
My Commission Expires: ~~~.~$(~D~'
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Permanent Right of Way
Easement Exhibit far
~'ra c t 53 ~
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~• Cor. lrcct 16 or n ._--
Rlveraide-Qvhk~daro Bend
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1Pe8t PI$tte Road {
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GRAPHIC SCALE
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(IIi FL~ST
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Owner Troct 53: EZ Enterprises, inc.
Right of Way = 11,986 S.F.
or 0.275 pcrest
1066D4
(4-tN1-33) PlatEe Ca
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