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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.