HomeMy WebLinkAbout2136 Determining and Declaring Necessity of Acquiring for Public Use Certain Real Property for Public Improvements for 9 Hwy Connector Trail ProjectBILL NO. 2026-002 ORDINANCE NO. 2136
AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING
FOR PUBLIC USE CERTAIN 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 real property 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
real property in fee simple 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
property, 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 property.
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 property,
the City Attorney and his designees are hereby authorized and directed to institute
condemnation proceedings for the purpose of acquiring said property in the manner
provided for by law
BILL NO. 2026-002 ORDINANCE NO. 2136
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.
SECTION 6: Ordinance No. 2088 is hereby repealed.
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 6th day of January 2026.
Kathleen L. Rose, Mayor
ATTEST:
Melissa McChesney, City Clerk
BILL NO. 2026-002 ORDINANCE NO. 2136
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.
BILL NO. 2026-002 ORDINANCE NO. 2136
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.
BILL NO. 2026-002 ORDINANCE NO. 2136
Tract 3
Elca Enterprises, Inc.
Trail Tract
A tract of land located in the NE1/4 SW1/4 and the NW1/4 SE1/4 all in Section 5, T50N,
R33W, Platte County, Missouri which is hereinafter described as referenced to the
following described centerline for Route 9;
The survey centerline of Route 9 is located and described as follows: Beginning at the
center of Section 5, T50N, R33W; thence South 2° 27' West 306.3 feet to Station 355+00
on said centerline; thence from said Station 355+00 the survey centerline extends South
70° 08' East 150 feet to Station 356+50. Also, from Station 355+00 the survey centerline
extends North 70° 08' West 200 feet to equation Station 353+00 ahead equals Station
337+61.3 back; thence from said Station 337+61.3 back the survey centerline continues
North 70° 08' West 751.1 feet to Station 330+10.2.
Said tract is described as follows: Beginning at a point on the existing southerly line of
Route 9 a distance of 150 feet right of Station 330+10.2 on the above described centerline:
thence easterly along said southerly line to a point 100 feet right of Station 333+00 back;
thence continuing southeasterly along said southerly line to a point 100 feet right of Station
355+50.5 ahead; thence continuing southeasterly along said southerly line to a point
161.23 feet right off Station 356+50; thence southwesterly to a point 225 feet right of said
Station 356+50; thence northwesterly to a point 175 feet right of Station 355+00 ahead;
thence southwesterly to a point 175 feet right of Station 333+00 back; thence northeasterly
to a point 150 feet right of said Station 333+00 back; thence southwesterly to the
beginning.
EXCEPT That part of the Southwest Quarter and in the Southeast Quarter of Section 5,
Township 50, Range 33, in Platte County, Missouri, being a part of a tract of land
described in Document No. 009399, recorded in Book 722, at Page 523, in the Platte
County Recorder's Office: Beginning at the Northwesterly corner of Lot 1; thence North 20
degrees 20 minutes 23 seconds East, a distance of 75.00 feet to a point on the Southerly
right-of-way line of Missouri Highway No. 9 as now established; thence South 69 degrees
39 minutes 37 seconds East on said Southerly right-of-way line a distance of 170.50 feet;
thence continuing on said Southerly right-of-way line South 38 degrees 03 minutes 11
seconds East a distance of 116.83 feet; thence South 20 degrees 20 minutes 23 seconds
West a distance of 63.77 feet to a point on the Northerly line of said Lot 1; thence North 51
degrees 13 minutes 31 seconds West on said Northerly line a distance of 158.11 feet;
thence continuing on said Northerly line North 69 degrees 39 minutes 37 seconds West a
distance of 120.00 feet to the point of beginning, lying in the Southwest Quarter and in the
Southeast Quarter of Section 5, Township 50, Range 33. Subject to any part thereof in
public roads.