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HomeMy WebLinkAbout2002-062 - Acquisition of Certain Temporary Construction EasementsBILL NO. ~l~lJ~_~ ~ ORDINANCE NO. ~,~~-~,~ ORDINANCE APPROVING AND AUTHORIZING THE ACQUISITION OF CERTAIN TEMPORARY CONSTRUCTION EASEMENTS BY THE CITY AND THE PAYMENTOF THE PURCHASE PRICE THEREFOR WHEREAS, the City desires to acquire certain temporary construction easements legally described on the attached Exhibit B (the "Easement") from David L. and Judy Ramsey and Merritt M. and Debbie E. Hilt (collectively, the "Owner") for the purpose of making certain road improvements; and WHEREAS, the City has negotiated aright-of--way purchase agreement (the "Purchase Agreement") with the Owner, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Board of Aldermen did approve the Purchase Agreement by motion at its regular meeting held on May 7, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section I. The City shall pay to the Owner the total amount of one thousand five htimdred sixty six and no/100 dollars ($1,566.00) in exchange for the Easement pursuant to the Purchase Agreement. Section 2. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are authorized to take any and all actions as may be deemed necessary or desirable to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City any and all certificates, instruments, agreements and other documents, as may be necessary or desirable to effectuate the intent of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. ~, ~ i PASSED AND APPROVED THIS ~ DAY OF MAY, 2002. 1~.:',' r 1. ~;; ~ ; , Betty Burch ayor ATTEST: i, % /. ~ ,;/ C~ Clerk ~1Ei'~J9i~L~7~72 ©B:ly i4h8345 CIT1'_HALL PHGE F~3 OFFER TO PURCHASE ANp RIGWT.OF-WAY PURCHASE CONTRACT DEPARTMENT OF PUBLIC WORK5 CITY OF RIVERSIDE This AGREEMENT made and entered Into this day of ppp~ and between David L Ramsey and Judv Ramsev and Merritt Hilt and Debbie E H~It , y ("Owner", whether one or more) and the Clty of Riverside, Missouri ("City"). In consideration of the mutual promises and covenants herein contained, Owner hereby agrees to execute, and furnish to the City, any or all of the instruments listed below, upon, over, across, and under the real property identified as follows: Tract No. 15 Upon delivery of properly executed right of way documents, City agrees to pay Owner, as full compensation for the interests taken, the following payment(s): 1. N/A sq, ft. Road Right of Way $N/A 2. N/A sq. ft, Permanent Drainage Easement N/A 3- 2,411 sq. ft. Temporary Construction Easement 1,566.00 4• Cost to cure damages Total Amount ~ ~ Owner agrees to give City possession of the real estate upon receipt of payment from City of the total amount shown above. OWNER: David L. Ramsey ~ T J Ju y a s Merntt M. Hilt ~' Debbie E. Hilt Address: 44008 NW Gateway Riverside, MO 64150 clrY: David Blackburn City Administrator Project: vivion Road and Gateway Riverside, Missouri Tract No: 7 Phone No. e~~~! X151 ~~?~'~' ©B: 19 i 4bd345 CITI'_HALL PAGE 84 TEMPORARY CONSTRUCTION EASEMENT This agreement, made this ~~~ day of ~~1Lu. , 20 D'~etween David and wife ,Grantor(s), and the City of 171verside, Missouri, a municipal corporation organized and existing pursuant to the laws of the State of Missouri, Grantee. Grantor(s), in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations, receipt of which is hereby acknowledged, the undersigned Grantor(s) does hereby convey and release to the Grantee, a Temporary Construction Easement hereinafter more particularly designated and described, to wit: See Attached Exhibit "B" on Page 3 for the purposes ofi constructing, improving, and reconstructing a public road and right-of- way improvement as shown by the plans of said improvement as prepared for Grantee by the Consulting Engineers, a true copy of which is on file in the office of the City Clerk, City of Riverside, Missouri. Said right of entrance, occupation, construction and use shall continue during construction and for six (6) months after completion and acceptance of the project. Grantor(s) and its heirs, executors, administrators, successors and assigns hereby waives and releases to Grantee any and all claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF, said Grantor(s) has hereunto set hand the day and year first above_written. David L. Ramsey ~' Judy~tar is y ~ ~) Merritt M. Hilt ~.p~ ~~~ ~ ~~~ Debbie E. Hilt Tract No: 15 ~ r~~:'~8~~E+~2 ©8:19 rd68349 CITY_HALL PAGE 85 INDIVIDUAL ACKNOWLEDGMENT STATE OF ~C~,~, ~, ) /~/ .~p.~- )ss. COUNTY OF 1~(/ ei{/1~:~ 1 v I f On this ~,~ day of , 20 0~"t5efore me, a Notary Public in and for said County and 5ta e, ame David L. Ramsev and Judv Ramsev husband and wife. to me personally known to be the same person(s) who executed the foregoing instrument and duly acknowledge the execution of the same. IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed my official seal the day and year last above written. i Notary P is C pay ~~ L , ~„~~~ My commission expires ~ (~2Ul~o INDIVIDUAL ACKNOWLEDGMENT STATE OF ~rLL!~~~ ) n~~j jSS. COUNTY OF~y ~/ On this ~ ! '^-' day of ~/D~„ , , 20Q,~before me, a Notary Public in and for said County and S°ta~, came Merritt M. Hilt and Debbie E. Hilt. husband and wife. tc me personally known to be the same person(s) who executed the foregoing instrument and duly acknowledge the execution of the same. IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed my official seal the day and year last above written. n r ~ i Notary ~i/blic ~~/ 6 L , LS~,t/ My commission expires Z~OL V z ,,. _ '. (- v ,' 1'~i ~~7'~ ~d:15 r468349 CIT1'_HALL PAGE D6 Exhibit B Recommended Description Temporary Construction Easement Tract # 15 David L. Ramsey and Judy Ramsey and Men•itt M_ Flilt and Debbie E. Hilt 4408-B NW Gateway Riverside, MO 64150 All that part of Lot 3, Renner Plaza No. 1, a subdivision of land lying in the Southeast Quar[cr of Section 4, Township 50 North, Range 33 West of the Fifth Principal Meridian, in the City of Riverside, Platte County, Missouri, more particularly described as follows: BEGINNING at the Northwest corner of said Lot 3; said comer being located on the East right of Way line of U.S. 7] l-fighway; thence South 39 degrees 28 minutes 48 seconds East, along the North line of said Lot. 3 a distance of 7.347 meters (24.10 feet); thence South 5 degrees 20 minutes 14 seconds East, to a point on the South line of said Lot 3, a distance of 30.640 meters (100.52 feet); thence North 89 degrees ZS minutes 48 seconds West, along the South line of said Lot 3 and to a point on said East Right of Way line of U.S. 71 ~lighway, a distance of 7.331 meters (24.05 feet), thence North OS degrees 21 minutes 57 seconds West, along said East Right of Way line of U.S. 71 Highway, a distance of 30.642 meters (100.53 feetj, to the POINT OF BEGINNING. The above trace of land contains 224 square meters (2411 sq. ft.), or 0,0224 hectares (0.055 acres), more or less. State of Missouri) I, Mark C. Young, being a duly registered and licensed Land Surveyor in the State of Missouri, hereby declare tha[ this real property description Was prepared by me or under my direct supervision and is correct to the best of my belief and ability. Q:\963 13\SUR1Descriptions\Doc1NWG Tract I S TCB.doc pa6~--