HomeMy WebLinkAbout2006-049 - Acquisition of Land Through Power of Eminent Domain1' , ~ ~1
Bill No. 2006-49
Ordinance No. 2006-49
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE,
MISSOURI, TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL
ASSOCIATED APPURTENANCES AND IMPROVEMENTS BY EXERCISE
OF ITS POWER OF EMINENT DOMAIN
WHEREAS, the City of Riverside (the "City") is authorized by Missouri statute to
acquire, through purchase, eminent domain or other methods, 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 at Exhibit A (the
"Property"), commonly known as 3001 NW Vivion, for the purpose of making improvements to
a public road; and
WHEREAS, the City made agood-faith offer to purchase the Property for $170,500.00;
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 in the amount of $170,500.00 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.
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Section 4. The acquisition of the Property through the City's power of eminent domain 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 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 $170,500.00 to the owner.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
approval.
ADOPTED by the Board o~~ermen of the City of Riverside, Missouri, and approved by the
Mayor of Riverside, this day of April, 2006.
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Mayor Pro Tem
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DA ROE PLATTE Co RECORDER
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Title of Document: General Warranty Deed
Date of Document: April 12, 2006
Grantor: Rivercity Development Co., Inc
Grantee: The City of Riverside, Missouri
Address: 3423 NW Tullison Road
Ieg~l De~ptim: Set forth as Exhibit A
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_=__________________= ____= ____=------_____=--------- c~
GENERAL WARRANTY DEED ~_
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THIS GENERAL WARRANTY DEED, made this ~~ ay of , 2006, ~
from RIVERCITY DEVELOPMENT CO., INC., a Missouri corporation, Grantor, with an ~
address of 3423 NW Tullison Rd, Riverside, Missouri 64150, to THE CITY OF RIVERSIDE, '~ O
Platte County, Missouri, Grantee, with an address of 2950 NW Vivion Road, Riverside, Missouri cx~
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64150. pp
Grantor, in consideration of the sum of ONE AND NO/100 DOLLARS AND
OTHER VALUABLE CONSIDERATIONS ($ 1.00 & OVC), to be paid by Grantee, the
receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN AND SELL,
CONVEY AND CONFIRM unto Grantee, fee simple title in the real estate located in the
Platte County, State of Missouri, described on Exhibit A attached hereto and incorporated
herein by this reference.
TO HAVE AND TO HOLD the same and all rights, privileges, appurtenances and
immunities belonging to Grantor, its heirs, successors and assigns forever.
Grantor hereby covenants that it is lawfully seized of an indefeasible estate in fee in
the premises herein conveyed. Grantor covenants that it has good right to convey the
property. Grantor covenants that the said premises are free and clear of any
encumbrances done or suffered by it or those under whom it claims; and that it will
WARRANT AND DEFEND the title to said premises unto Grantee and unto its successors
and assigns, forever, against the lawful claims and demands of all persons whomsoever.
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IN WITNESS WHEREOF, the said Grantor executed this Deed the day and year first above
written.
RIVERCITY DEVELOPMENT CO., INC., a Missouri
corporation
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~/ John Patrick Casey, Presi t
Attest: ~~~/// ~~\
Ro ert R. Cleveland, Secretary
ACKNOWLEDGMENT
STATE OF MISSOU I )
ss
COUNTY OF )
On this ~~y of Y 2006, before me appeared John Patrick Casey personally
known to me, who being me duly sworn, did say that he is the President of Rivercity
Development Co., Inc., a Missouri corporation, and that the foregoing instrument was signed and
sealed on behalf of said corporation and that he acknowledged said instrument to be the free act and
deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the county and state aforesaid the day and year written above.
NO?ANII t/IL ,`
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STATEMENT OF UNANIMOUS CONSENT IN LIEU OF
A SPECIAL MEETING OF THE DIRECTORS OF
RIVERCITY DEVELOPMENT CO., INC.,
The undersigned, being the sole Director of RIVERCITY DEVELOPMENT CO., INC., a
Missouri corporation (the "Company"), hereby adopts the following resolutions pursuant to the provisions
of the Missouri Revised Statutes, as amended, authorizing actions and the execution of documents in
connection with the sale of certain real property in Riverside, Platte County, Missouri to THE CITY OF
RIVERSIDE, MISSOURI ("Buyer'.
WHEREAS, the undersigned, being the sole director of the Company, hereby waives all notice,
whether required by statute or otherwise, of a special meeting of directors of the Company and hereby
confirms that the unanimous consent action hereinafter set forth shall be °deetned to have been taken by
unanimous action at a duly convened meeting of the Board of Directors of the Company on the date set
forth below, and the Secretary or other appropriate corporate officer shall be authorized so to certify the
resolutions hereinafter set forth to any interested party; and
WHEREAS, the Company owns certain real property located on NW Vivion Road in the City of
Riverside, Missouri, more particularly described on the attached Exhibit A (the "Property"); and
WHEREAS, the Board of Directors of the Company has determined that it is in the Company's
best interest to sell such Property to Buyer.
NOW THEREFORE, BE IT RESOLVED, that the Company is hereby authorized to sell the
Property to Buyer for a purchase price of $170,500.00.
BE IT FURTHER RESOLVED: that the execution of the General Warranty Deed by John Patrick
Casey, in his capacity as President of the Company, and any and all actions related to the execution of the ro
Deed taken by the officers and employees of the Company in connection therewith or prior to the date ~_
hereof be and are ratified and confirmed. ~
BE IT FURTHER RESOLVED: that the officers of the Company, including, but not limited to, ~
John Patrick Casey, in his capacity as President of the Company, and Robert R. Cleveland, in his capacity ~
as Secretary of the Company, are authorized to execute and deliver the General Warranty Deed and any O
and all other documents which may be required or desirable to consummate the sale of the Property to ~
Buyer and the officers are further authorized to take such actions and execute such documents as are Cp
necessary or desirable to effectuate the intent of this Resolution. 00
ADOPTED EFFECTIVE
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BEING THE SOLE DIRECTOR
OF THE COMPANY
I hereby certify that the foregoing is a true copy of
the Resolutions duly adopted by the sole Director of
the Company on - 1 ~ 2006.
Cl~~-, ~c~ (^1
Robert R. Cleveland, Secre
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EXHIBIT A
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Date / Parcel No: February 7, 2006 / 23-2.0-04-300-001-001-000 (Tract 49)
City /County: Riverside /Platte 23-2.0-04-300-001-002-000
Section: South Half of Section 4, Township 50 North, Range 33 West
General Area: Northwest Quadrant of West Platte Road a pd North GatpewaY D ~ acquisition)
Specific Purpose: Permanent Right-of--Way, Rivercity Develo went Com any
A tract of land in the North Half of the Southwest Quarter of Section 4, Township 50
North, Range 33 West which includes a portion of Block 3, RIVE ~ IDof, alsobintcluding a
Riverside, Platte County, Missouri, according to the recorded p
portion of the road as shown on said plat of RIVERSIDE, as vacated by County Road Record H
at Page 2, said tract of land is more particularly described as follows:
Beginning at the point of intersection of the Easterly right-of--way line of Vivion Road
(also known as Missouri State Highway Route No. 69) with the North line of the Southwest
Quarter of said Section 4; thence South 89 degrees 26 minutes 24 seconds East along the North
line of said Southwest Quarter, a distance of 372.79 feet to the Northwest corner of the
permanent right-of--way of Tract 135 of the Riverside.- Quindaro Bend Levee District as said
Tract was set forth by ~ B ok 9 an at Page 142 in the Offi e of the Re order of Deeds 1mePlatte
Document No. 19451 m
City, in said County and State; thence Southwesterly along the Northwesterly line of the
permanent right-of--way of said Tract 135, the following courses and distances; thence South 45
degrees 16 minutes 39 seconds West (South 45 degrees 16 minutes 19 seconds West, Deed), a
distance of 24.61 feet; thence South 47 degrees 55 minutes 22 seconds West (South es 3legrees
55 minutes 02 seconds West, Deed), a distance of 43.00 feet; thence SouthDSeed)~ distance of
minutes 13 seconds West (South 52 degrees 30 minutes 53 seconds West, ees 55 minutes
42.28 feet; thence South 65 degrees 55 minutes 24 seconds West (South 65 degr
04 seconds West, Deed), a distance of 46.22 feet; thence South 60 degrees 41 minutes 30
seconds West (South 60 degrees 41 minutes l0 seconds West, Deed), a distance of 50.58 feet;
thence South 59 degrees 18 minutes 25 seconds West (South 59 degrees 18 minute t of waonods
West, Deed), a distance of 15.18 feet to the Southwest corner of the p~ o Wan on~ act 136 of
said Tract 135, being also the Northwest corner of the permanent nigh - Y
said Riverside - Quindaro Bend Levee District, as said Tract was set forth 25 feetOSout of the
Judgement Confirming Commissioners' Report, hg.alao ~I~Q~~ ,x~.,l
North line of the So So ~~ Q alryte~od West rlylalong the Northwes er~ly line olf the permane t
line thereof; thence ees 18
thence South 59 degr
right-of--way of said Tract 136, the following courses and distances;
minutes 22 seconds West (South 59 degrees 18 minutes 02 seconds West, Deed), a dis orth 84
16.85 feet (17.00 feet, Deed); thence North 84 degrees 55 minutes 51 seconds W D ~ thence
degrees 56 minut 32 mmut s 05 Seconds West (South 64 degrees 31 (minu is 45~seconds West,
South 64 degrees
Deed), a distance of 192.37 feet; thence South 46 degrees 59 minutes 10 seconds West (So et s 59
thence South 46 degr
degrees 58 minutes 50 seconds West, Deed), a distance of 15.12 feet; a distance of
minutes 09 seconds West (South 46 degrees 58 minutes 49 seconds West, Deed),
23.06 feet to the Southwest corner of the permanent right-of--way of said Tract 136; thence North
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89 degrees 26 minutes 24 seconds West (North 89 degrees 26 minutes 44 seconds West, Deed)
along the Westerly prolongation of the Southerly line of said Tract 136, no longer along the
Northwesterly line of the permanent right-of--way of said Tracts 135 or 136, a distance of 25.41
feet to a point on the Easterly right-of--way line of said Vivion Road; thence North 27 degrees 44
minutes 32 seconds East along said Easterly right-of--way line, a distance of 268.26 feet to the
Point of Beginning. Containing 51,381 square feet or 1.180 acres, more or less.
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