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HomeMy WebLinkAbout2005-069 - Acquisition of Land Through Eminent Domain Bill No. 2005-69 Ordinance No. 2005-69 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 2720 NW Platte Road, for the purpose of making improvements to a public road; and and and WHEREAS, the City made agood-faith offer to purchase the Property for $110,000.00; WHEREAS, The owner of record of the Property accepted the City's good-faith offer; 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 fmal offer in the amount of $110,000.00 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 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 $110,000.00 to the owner. r ... ,i n ~. . , ... 7 ~. _ .... Section 6. This Ordinance shall be in full force and effect from and after its passage and approval. ADOPTED by the Board of~,ermen of the City of Riverside, Missouri, and approved by the Mayor of Riverside, this day of July, 2005. ~~~~%~ Mayor G:\ORDINANCES\BILL NO 2005-69.DOC Exhibit A Legal Description All that part of Lots 15 and 16 of RIVERSIDE, also known as Lots 15 and 16 of Block 1 of RNERSIDE, a subdivision of land in Section 4, Township 50, Range 33, in Riverside, Platte County, Missouri, beginning 18.54 feet East and 89.91 feet South of the Northwest corner of said Lot 15, and on the West line of a 100 foot right of way of former US Highway 71; thence Southerly along the West line of said Highway 105 feet; thence South 33 degrees 2 minutes West 37.2 feet to the Northerly line of Missouri State Highway; thence Westerly along said Northerly line of said Highway 82.2 feet; thence Northerly on a curve having a radius of 169.4 feet and an internal angle of 40 degrees, 118.7 feet to the point of beginning, being the same land conveyed to Skelly Oil Co. by deed from J.C. Nichols Co. dated August 19, 1947 recorded in Book 151 at Page 533, of the records of Platte County, Missouri. G:\ORDINANCES\BILL NO 2005-69.DOC