HomeMy WebLinkAbout2088 Determining the Necessity of Acquiring Real Property Associated with the 9 Hwy Connector Trail Project BILL NO. 2025-050 ORDINANCE NO. 2088
AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF
ACQUIRING FOR PUBLIC USE CERTAIN EASEMENTS IN REAL PROPERTY FOR
PUBLIC IMPROVEMENTS ASSOCIATED WITH THE 9 HWY CONNECTOR TRAIL
PROJECT; AUTHORIZING THE CITY ADMINISTRATOR AND HIS DESIGNEES TO
NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS
IN REAL PROPERTY; AND AUTHORIZING THE CITY ATTORNEY AND HIS
DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH
INTERESTS IN REAL PROPERTY CANNOT BE ACQUIRED BY PURCHASE
THROUGH GOOD FAITH NEGOTIATIONS.
WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, pursuant to the
advice and recommendation of the Capital Projects and Parks Manager, deems it necessary,
desirable, advisable and in the public interest to obtain easements and right-of-way for the
purpose of the 9 Hwy Connector Trail Project under, over, upon, across and through certain
tracts within Riverside, Platte County, Missouri; and
WHEREAS, the City has the authority by virtue of Chapter 67 (Sections 67.750-.780),
Chapter 88 (Section 88.667) and Chapter 523 of the Revised Statutes of Missouri to acquire
private property and property interests by condemnation proceedings for any public or municipal
use, including the uses or purposes stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, as follows:
SECTION 1: It is hereby found, determined and declared that it is necessary and in the
public interest for the public purpose of constructing the 9 Hwy Connector Trail Project in the
City of Riverside, pursuant to plans and specifications on file with the Capital Projects and Parks
Manager, to acquire, by purchase or condemnation proceedings, the easements and right-of-way
in the lands as set forth and legally described in Exhibit A attached hereto and incorporated
herein as if fully set out.
SECTION 2: That the City Administrator and his designees are hereby authorized to
negotiate with the owners of property herein described for the purpose of acquiring said
easements and right-of-way, and to offer in writing an amount not less than that amount reflected
in an appraisal performed by a state-licensed or state-certified real estate appraiser.
SECTION 3: That the City Administrator and his designees are hereby authorized to
execute necessary documents to pay and disburse funds to property owners, others holding
property rights, and escrow agents pursuant to negotiated agreements associated with acquisition
of said easements and right-of-way.
SECTION 4: That, in the event of failure following good faith negotiations to reach
agreement on the amount of compensation to be paid for the acquisition of said easements and
right-of-way, the City Attorney and his designees are hereby authorized and directed to institute
condemnation proceedings for the purpose of acquiring said easements and right-of-way in the
manner provided for by law.
SECTION 5: This ordinance shall be in full force and effect from and after its passage
and approval by the Mayor and Board of Aldermen.
BE IT REMEMBERED that the above was read two times by heading only, passed and
approved by a majority of the Board of Aldermen and approved by the Mayor of the City of
Riverside, Missouri, this 17th day of June 2025.
4
Kathleen L. Rose, Mayor
ATTEST:
Robin Kincai , City Clerk
EXHIBIT A
Tract 1
Platte Valley Investment, LLC
Trail Drainage Easement
A strip in Lot 4, PLATTE VALLEY INDUSTRIAL PARK, a subdivision in Riverside, Platte
County, Missouri, surveyed and described on May 26, 2025,by John B. Young, LS-2006016647:
Commencing at the Northwest corner of said Lot 4;
Thence along the North line of said Lot 4, on a curve to the right, with an initial tangent bearing
South 73°30'33" East,having a radius of 5579.58 feet and an arc length of 113.77 feet to the Point
of Beginning;
Thence continuing along said North line, on a curve to the right,tangent to the last described
course,having a radius of 5579.58 feet and an arc length of 30.21 feet; Thence South 18°16'52"
West, 14.93 feet;
Thence North 71°45'54" West, 29.98 feet;
Thence North 17°25'02" East, 14.70 feet to the Point of Beginning.
Tract 2
Platte Valley Investment, LLC
Trail Easement
A tract in the Southwest Quarter and the Southeast Quarter of Section 5, Township 50 North,
Range 33 West, in Riverside, Platte County, Missouri, being more particularly described as
follows,prepared on June 12, 2025, by John B. Young, PLS-2006016647:
Commencing at the Northwest corner of Lot 1, PLATTE VALLEY INDUSTRIAL PARK, a
subdivision in said Riverside;
Thence North 20°20'23" East along the Northerly extension of the West line of said Lot 1, 42.73
feet to the Point of Beginning;
Thence continuing North 20°20'23" East,20.33 feet;
Thence South 80°01'03" East,29.66 feet;
Thence South 69°54'07" East, 137.94 feet;
Thence South 78°26'24" East, 10.66 feet to the South Right-of-Way of Missouri Highway No. 9, as
now established;
Thence South 38°03'11" East along said South Right-of-Way line, 30.87 feet;
Thence North 78°26'24" West, 35.67 feet;
Thence North 69°54'07" West, 137.67 feet;
Thence North 80°01'03" West, 31.54 feet to the Point of Beginning.
Contains 3,831 square feet more or less.
Tract 3
Elea Enterprises, Inc.
Temporary Construction Easement 1
A tract in the Southwest Quarter of Section 5,Township 50 North,Range 33 West,in Riverside,Platte
County,Missouri,prepared on May 21,2025,by John B.Young,LS-2006016647:
Commencing at the Northeast corner of Lot 2,PLA LIE VALLEY INDUSTRIAL PARK,a subdivision in
said Riverside;
Thence North 20°20'23"East along the northerly extension of the East line of said Lot 2,42.73 feet;
Thence North 80°01'03"West, 15.32 feet to the Point of Beginning;
Thence South 09°58'57"West,5.00 feet;
Thence North 80°01'03"West,20.00 feet;
Thence North 09°58'57"East,5.00 feet;
Thence South 80°01'03"East,20.00 feet to the Point of Beginning.
Contains 100 square feet more or less.
Tract 4
Elea Enterprises, Inc.
Temporary Construction Easement 2
A tract in the Southwest Quarter of Section 5,Township 50 North,Range 33 West,in Riverside,Platte
County,Missouri,prepared on May 21,2025,by John B.Young,LS-2006016647:
Commencing at the Northeast corner of Lot 2,PLA 11'E VALLEY INDUSTRIAL PARK,a subdivision in
said Riverside;
Thence North 20°20'23"East along the northerly extension of the East line of said Lot 2,63.06 feet;
Thence North 80°O 1'03"West,21.02 feet to the Point of Beginning;
Thence North 80°01'03"West,20.00 feet;
Thence North 09°58'57"East,5.00 feet;
Thence South 80°01'03"East,20.00 feet;
Thence South 09°58'57"West,5.00 feet to the Point of Beginning.
Contains 100 square feet more or less.
Tract 5
Elca Enterprises, Inc.
Temporary Construction Easement 3
A tract in the Southwest Quarter of Section 5,Township 50 North,Range 33 West,in Riverside,Platte
County,Missouri,prepared on May 21,2025,by John B.Young,LS-2006016647:
Commencing at the Northeast comer of Lot 2,PLA 1.1'E VALLEY INDUSTRIAL PARK,a subdivision in
said Riverside;
Thence North 20°20'23"Fast along the northerly extension of the East line of said Lot 2,42.73 feet;
Thence North 80°01'03"West,60.47 feet;
Thence North 70°19'55"West,92.67 feet to the Point of Beginning;
Thence South 19°40'05"West,5.00 feet;
Thence North 70°19'55"West,20.00 feet;
Thence North 19°40'05"East,5.00 feet;
Thence South 70°19'55"East,20.00 feet to the Point of Beginning.
Contains 100 square feet more or less.
Tract 6
Elca Enterprises,Inc.
Temporary Construction Easement 4
A tract in the Southwest Quarter of Section 5, Township 50 North, Range 33 West, in Riverside,
Platte County, Missouri,prepared on May 21, 2025, by John B. Young, LS-2006016647:
Commencing at the Northeast corner of Lot 2, PLATTE VALLEY INDUSTRIAL PARK, a
subdivision in said Riverside;
Thence North 20°20'23" East along the northerly extension of the East line of said Lot 2, 63.06
feet;
Thence North 80°01'03" West, 62.43 feet;
Thence North 70°19'55" West, 90.97 feet to the Point of Beginning;
Thence North 70°19'55" West, 20.00 feet;
Thence North 19°40'05" East, 5.00 feet;
Thence South 70°19'55" East, 20.00 feet
Thence South 19°40'05" West, 5.00 feet to the Point of Beginning.
Contains 100 square feet more or less.
Tract 7
Elca Enterprises,Inc.
Trail Easement:
A tract in the Southwest Quarter of Section 5, Township 50 North, Range 33 West, in Riverside,
Platte County, Missouri, prepared on May 21, 2025, by John B. Young, LS-2006016647:
Commencing at the Northeast corner of Lot 2, PLATTE VALLEY INDUSTRIAL PARK, a
subdivision in said Riverside;
Thence North 20°20'23" East along the northerly extension of the East line of said Lot 2, 42.73 feet
to the Point of Beginning;
Thence North 80°01'03" West, 60.47 feet;
Thence North 70°19'55" West, 535.53 feet;
Thence North 69°48'38" West,219.89 feet to the North line of Lot 4, said PLATTE VALLEY
INDUSTRIAL PARK;
Thence North 69°39'37" West along said North line, 16.22 feet to the South Right-of-Way of
Missouri Route 9 Highway, as now established;
Thence South 79°26'57" East along said South Right-of-Way, 119.19 feet;
Thence South 69°48'38" East, 118.51 feet;
Thence South 70°19'55" East, 533.75 feet;
Thence South 80°01'03" East, 62.43 feet to the northerly extension of the East line of said Lot 2;
Thence South 20°20'23" West, 20.33 feet to the Point of Beginning.
Contains 15,470 square feet more or less.