HomeMy WebLinkAbout2006-106 - Acquisition of Lands for the NW Cliffview Road Project..; ~ .
Bill No. 2006- 106
Ordinance No. 2006-106
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE,
MISSOURI, TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL
ASSOCIATED APPURTENANCES AND IMPROVEMENTS FOR THE NW
CLIFFVIEW ROAD PROJECT
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 and
Exhibit B (the "Property"), commonly known as a portion of Cliff Manor Tract A and a portion
of Cliff Manor Tract B ,for the purpose of making improvements to a public road; and
WHEREAS, the City made agood-faith offer to purchase the Property for $1,800.00; 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 RNERSIDE, 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 eighteen hundred dollars and no/100
$1,800.00 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.
. ,,. ... 4 .. I -.
Section 4. 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
may be necessary or convenient to perform all matters herein authorized, and to pay the purchase
price of $1,800.00 to the owner.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
approval.
ADOPTED by the Board of~ldermen of the G~jty of Riverside, Missouri, and approved by the
Mayor of Riverside, this ~ day of August,Z~d.
M or
ATTEST:
Ci Clerk
~. .. t ,.. .. .~ ~.
'I-~ COUNTY OF PLATTE SS -. -~
~1 ~ CERTIFY INST;?UMElt7 ftE~ EIVEO
1 a ~ 2006 SEP 29 P 2~ I I g ~ - - .
1 ~ RECORUti; u!~i%~r~ r ~ pt~
IOA X. PLATTE CO.RECOROER
G~~
~oPv
TITLE OF DOCUMENT: Right of Way Deed
DATE OF DOCUMENT: August 31, 2006
GRANTOR: KC Cliffview, LLC
GRANTEE: /The City of Riverside, Missouri 64150
ADDRESS: 2950 NW Vivion Road
Riverside, Mo 64150
LEGAL DESCRIPTION: Set forth on page 5 and 7
1
016908
x
i
O
~D
-v
O
W
~D
'n ;.
l~ll]PTl'T" C7I' r~'T'°!~ LLiy
THIS AGREEMENT, made this ~ day of .fit ~ G ~:~~' __, 2006, by and between:
KC Cliffview. LLC whose address is ~ au`~ ~ S'~ '~i~C~ h Z ~~7g~
Grantor, and the City fo R verside,1v11ssoun, a
Missouri municipality, whose address is 2950 N.W. Vivion Read, Riverside, Missouri 64150,
Grantee.
WITNESSETH, that the Grantor, in consideration of the sum of (. ~~ ~~
($ .0~ and other good and valuable consideration to it paid by th Grantee, the receipt and
sufficiency of which is hereby aclrnowledged, does by these presents grant, bargain, sell, convey,
and confirm unto Grantee, its successors and assigns, a Right of Way for the construction,
improvement, reconsh'uction and maintenance of a right of way for public use as a street, roadway
or thoroughfare, including but not limited to, the use of conduits, water, gas, 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 County, Missouri, described in Exhibit A
attached hereto and incorporated herein.
GRANTOR fiuther states that it is lawfully seized of title to the land through which the Right of
Way is gr~urted and that is has good and lawful right to convey the Right of Way to the Grantee
herein.
IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofaz as
practicable to its original condition, after the construction works, or any subsequent maintenance or
repair operations. Grantee further agrees to restore driveways to as neazly the same conditions as
existed prior to construction of the improvements herein described and to grade and seed or sod
lawn areas. Grantee, its successors and assigns, aclarowledges that Grantor has been fully
compensated for all trees located within the property legally described above. Grantor, its
successors and assigns, shall not receive further compensation for trees located within the property
legally described above.
2
-o
c~
O
O
W
~. .. i p ,... .. .~
THIS GRANT and right of way 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.
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 SS WHEREOF, the said Grantor has hereunto set its hand this J~_ day of
~ 2006.
GRANTOR: ~ e G ~ ~~v le.~ ; t_L~
~'
Limited Liability Companies
STATE OF (~ t ~~„ )
ss.
COUNTY OF P,~rC-- )
~ On this day of ~~~, in the year 200, before me, ~~~
_ .arv. ~~-. a Notary Public in and for said state, personally appeared L,t ro(G 1 ornn .
of KC Clii~'view, LLC, known to me to be the person who executed the within Right of Way
Deed in behalf of said limited liability company and acknowledged to me that he or she executed
the same for the purposes therein stated.
My commission expires:
C~,pn1 2 ; ?ow
(Pnn ame): G' n,n yit„p'4.w ~; ~„ t
Notary Public
ChMttopMr Smkh
Moh PYblic • Arizona
PNnr Counnttyy
My CommMslonlzpins
ApAi:, m1o
3
0
-o
C~
W
~.O
~. q ,. ~
t
Right-of-~Vay Easement Exhibit for
Part of Tract "A", Cliff Manor
Point of
Commenc/ng
NW Cor.. SW/4 R=50.00'
Sec. 4-50-33 - L=89.66'
3" Atum. Disk Fnd. d =~g.,(g 28•
North Line SW/4 I.T.B.=S89°35'39"W
Sec. 4-50-33
~IION. JI 5896'72"E- -~ - - -
'- ~ 545.98' /'
West R/W L7ne
Point of /'
Beginning-..~
N10°34'52"E
36.57=--
N06°40'35"W
10.39
R=50.00'
L=24.44'
Q=28970'07"
NE Cor., SW/4
Sec. 4-50-33
Northeast Camer, Tract °A" 7/y" Iron Bar Fnd~
/- Cliff Manor Subdivls7on
-------- N89°28'72°W-J'
~~ 2056.33' y
R=50.00'
L=20.981~~
Q =24 °02'11
S13°?7'19"E
1-9284'
'^
~; \ Cliff A~anor
~, ,
~y ~
R=129.00' \ ~,..', ~~,
L=47.25
Q=20°59'07" \ `~\ ~ `` R=164.74'
I.T.B.=N13°41'35"W '• ~L=0.68'
~',~ ~,, Q-~00~4'09"
Tract. " ~:: `\
Cliff Manor ~ ~ ~,~ ,rte
~_. _~~
GRAPHIC SCALE
D
i ~' ~T ~ 653 s. f.
1 inch 50 it.
0.015 Ac.t
Right-of--Way Easement ExhJbJt, Cliffvlew DrJve
Sheef 1 of 2
DAIS KtVISIUN o t
drawn by. JoS
surveyed by. JY
Checked by. JY OLSSON ASSOCIATES
approved by. JY °' - ~~ - ~°~~ - ~RV~roas
272 NB' PLATIE VAt1EY DRIVE • RIVEA9DE. IESOUPo 84150-6812
project nor.>2005-0453 (afe) 3s7-nn .FA7c (676) x7-teee
ARIZONA .COLORADO .KAtLSAS .4NNESQG . 78590UW . NF8RA9tA
file nome:50453~SMNT ver•ooeoneulltiq.com
8881-19£-918
~~
S9IEIOOSS`p' UOSSIt)
EL9Al 90 £l ~n~
~. A .. ~ C.
Right-of-Wap Easement Exhibit for
Part of Tract '~A", Cliff Manor
Description:
All that part of Tract "A" , Cliff Manor, a subdivision in Riverside, Platte County, Missouri
lying in the Southwest Quarter of Section 4, Township 50 North, Range 33 West, more
particularly described as follows:
COMMENCING at the Northwest comer of the Southwest Quarter of sold Section 4;
thence along the North line of sold Section 4 and along the North line of sold Tract "A",
South 89 degrees 26 minutes 12 seconds East, o distance of 545.98 feet to the
Northeast comer of Tract "A" of said Cliff Manor; thence departing said North line along
the East line said Tract "A" also being the West right-of--way line of Cliffview Drive as
established by said -Cliff Manor, on a curve to the left with an Initial tangent that bears
South 89 degrees 35 minutes 39 seconds West, having a 'radius of 50.00 feet, a central
angle of 79 degrees 49 minutes 28 seconds, and on arc distance of 69.66 feet to the
POINT OF BEGINNING; thence contfnuing along said West right-of--way line on o curve to
the left, tangent to the last described course, having a radius of 50.00 feet, a central
angle of 24 degrees 02 minutes 11 seconds, and on arc distance of 20.98 feet; thence
South 13 degrees 27 minutes 19 seconds East, o distance of 92.84 feet; thence on a
curve to the Left tangent to the last described course, having a radius of 164.74 feet, a
central angle of 00 degrees 04 minutes 09 seconds, and an arc distance of 0.68 feet;
thence departing said West right-of--way fine on a curve to the left, with an initial
tangent that bears North 13 degrees 41 minutes 35 seconds West, having a radius of
129.00 feet, o central angle of 20 degrees 59 minutes 07 seconds, and on arc distance
of 47.25 feet; thence on a reverse curve to the right, tangent to the lost described
course, having a radius of 50.00 feet, o central angle of 28 degrees 00 minutes D7
seconds, and an arc distance of 24.44 feet; thence North 06 degrees 40 minutes 35
seconds West, a distance of 10.39 feet; thence North 1 D degrees 34 minutes 52
seconds East, a distance of 36.57 feet to the POINT OF BEGINNING.
Containing 653 square feet or 0.015 acres, more or less.
Right-of--Way Easement Exhibit, Cllffvlew DrFve
Sheet 2 of 2
DA REVISION BY
drawn by. JaS
surveyed by. JY
checked by. JY OLSSON ASSOCIATES
approved by. JY ~~ - ~~ - seansts - ~~~
2IS Nw PLATTE vAIJEY Dave . RIVFR9OE, wssoula e4iso-ea12
project no.: 2005-0453 (etc) ~6I-T177 .FAx tale) 3e+-1lBe
AAROl1A .COLORADO .KANSAS . YNIlE50TA .MISSOURI. NEHRlSKA
file nome:50453~SIANT ~'"r~Q00°^wW"aCOn'
6 01 O6 Ori 1n01 Pre oration JoS
8881-L9£ 9l8 seleloossy uossl0 eL9~Ol 90 £l u~f
~•
~. 1 , . .. .~ ~.
.,
Right-of-Way Easement Exhibit for
Part of Tract "B", Cliff Manor
Point of
Commenc/ng Northwest Comer, Tract "B" NE Cor., SW/4
NW Cor., SW/4 Cliff Manor Subdivision Sec. 4-50-33
Sec. 4-50-33 1/2` Iron t3or Fnd
3" Alum. Dlek Fnd. North Line, SW/4
~fON.~1~ 89°26'12"E _ _ _ Sec. 4-50-33 N8976'12'W A,r
Y 545.98' ~ ~\ -------~-- 2056.33' -J'Y ~'~
R=5~0 ~~l~Eoat R/W Line
L-~~' 0.10'
Q-- 74'57" ; R=so.oo'
L=93.11'
G T.B. i N76°32'41 "F ~'a=tos•ai'SO`
1 ~-- ~ r.r.s.-ss~•34~os`F
t` ~ ' Point of
Begtnrring
! n
`1 ~ 1'` S199DT44"W Tract: >, B"
78.23'
1, ~' ~~, - Cliff \dan.or
1 ~ ~! N13~T19"W
~'' 42.84'
~, ~ ~\, ~`
~ ~ '.~ ~
~ ~\
i'.ract " A" \~ ~~
C:Li.:f:f Manor ~~~ ` \
GRAPHIC SCALE
e ~
~ ~ ~~' ~ 703 s. f.
1 tech = 50 tt ~ Q16 f1C.f
Right-of-Woy Easement Exhibit, Cllffview Drive
Sheet 1 of 2
DAZE REVISION BY
drawn by. JaS
surveyed by. JY
checked by. JY OLSSOnI ASSOCIATES
ENwmtS - PLNiNERS - St#NfIS15 - ~
approved by. JY 212 NW PLAITE VALLEY DRIVE • RIVERSIDE 1oSSCUW 64tS0-ee12
project no.:2005-0453 ~y~• t~°~;-tS;T~~t•NmRU1c~
file nome:50453~SMNT _ ,_~ '"'~'O0OpM1'~~00e1
8886-19£-918
~. v
seieloossy uossl0
~. .. n ,.. - _ ,. ~ j,
1~
Right- of- Wap Easement Exhibit for
Part of Tract "B", Cliff Manor
Description:
All that port of Tract "B" , Cliff Manor, a subdivision in Riverside, Platte County. Missouri
lying in the Southwest Quarter of Section 4, Township 50 North, Range 33 West, more
particularly described as follows:
COMMENCING of the Northwest corner of the Southwest Quarter of sold Section 4;
thence along the North line of sold Section 4 and along the 'North line of Tract "A" of
said Cliff Manor, South 89 degrees 26 minutes 12 seconds East, a distance of 545.98
feet to the Northwest comer of Tract "B" of said Cliff Manor; thence departing said
North fine along the West fine said Tract "B" also being the East right-of--way fine of
Cllffview Drive as established by said Cliff Manor, on a curve to the right with an initial
tangent that bears South 87 degrees 34 minutes O6 seconds Eost, having a radius of
50.00 feet, a central angle of 106 degrees 41 minutes 50 seconds, and an arc distance
of 93.11 feet to the POINT OF BEGINNING; thence departing said East right-of--way line
South 19 degrees 07 minutes 44 seconds West, a distance of 78.23 feet to a point on
the East right of way line of said Cliffview Drive; thence along said East right-of--way
line, North 13 degrees 27 minutes 19 seconds West, o distance of 42.84 feet; fhence
continuing along said East right-of--way line an o curve to the left with on lnitia!
tangent that bears North 76 degrees 32 minutes 41 seconds East, having a radius of
50.00 feet, a central angle of 57 degrees 24 minutes 57 seconds, and an arc distance
of 50.10 feet to the POINT OF BEGINNING.
Containing 703 square feet or 0.016 acres, more or less.
..
Right-of--Way Easement ExhbTt. CTTffview Drive
Sheet 2 of 2
DA REVISION BY
drawn by. JaS
surveyed by. JY
checked by. JY OLSSON ASSOCIATES
approved by. JY ztz N ~~~xyEy ~ , w~Rgp~~ ~Rso-eet2
project no.: 2005-0453 ~~~. t~q pp IuNSAS;WWV~TA~wi•woausa
file name:50453~SMNT _ ""1600GO""~~'CO"'
8881-L9E-918 seleloossy uoss~p eL9~Ol 90 £L un~
~'
~_ .. 9 , ..
,. ,~ G..