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HomeMy WebLinkAbout2002-063 - Acquisition of Certain Temporary Construction EasementsBILL NO _ ~~ -~,~ ORDINANCE NO.:~~,,,~-,~~ AN 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 Edward A. Moore (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 four hundred eighty one and no/100 dollars ($1,481.00) 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. n ~~ ~~ PASSED AND APPROVED THIS. ~i ~ DAY OF MAY, 2002. ~!~ r:~- - 1: ~ ; r~ i. Betty Burch ayor ATTEST] ~; ~ ~~. ~ ~ City lcrk OFFER TO PURCHASE AND RIGHT-OF-WAY PURCHASE CONTRACT DEPARTMENT OF PUBLIC WORKS CITY OF RIVERSIDE This AGREEMENT made and entered into this~day of , 20~2_by and between Edward A. Moore, Jr. , ("Owner", whether one or more) a he City 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. 14 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. 2,280 sq. ft. Temporary Construction Easement 1,481.00 4. Cost to cure damages N/A Total Amount $1 481.00 According to the general notes on the plans, access to the property will be maintained at all times during construction. Owner agrees to give City possession of the real estate upon receipt of payment from City of the total amount shown above. OWNER: /~> / ~~ 9"~ Edward A. Moore, Jr. David Blackburn City Administrator Address: P. O. Box 681660 Rivers~i7de, MO 64168 Phone No. ~O ~ ~_?~ ~ Project: Vivion Road and Gateway Riverside, Missouri Tract No: 14 ~i5ia9~2au2 ©8:19 7468:349 CITY_HALL TEMPOR,pAR~Y CONSTRUCTION EASEMENT This agreement, made this ~U day of , 20~®tween Edward A. Moore. Jr. ,Grantor(s), and the City of Riverside, Mi uri, 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 of 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 n. Edward A. Moore, Jr. F'H~E 11 Tract No: 14 Ft5%~7`+!2bFt2 F18:19 7468349 CIT1'_HALL F'NUE 12 INDIVIDUAL ACKNOWLEDGMENT STATE OF ,.,:. ) )ss. COUNTY OF ) On this o~ day of , 20p~, before me, a Notary public in and for said County and State, cam d~vard A. Moore. Jr. 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. a~~ ~, ~ a~~~~o~ ~ „~, r ~, M, . '''`' ~ ~ciTia4~ ~~ ~ Notary u lic~'~g I G 1. a~,U nJ~TiT ~Y My Vision iex~iir'es ~ pQ '~,.~ ~' ~r.~rrl au ~~ air Vies' ,., 'f;f" ~ ~,~~~,~."', CORPORATE ACKNOWLEDGMENT ~ti ~a' ~;y,~~~~-'. y... ,. S1"ATE OIW ^,, 1 COUNTY OF On this day of say he/she is behalf of said corporation by acknowledged said instrument to was executed for the consideratio 20_, before me appeared personally known to me, who being by me duly sworn, did n stated therein and no other. _ of ,` and that said instrument was signed and on authority of its Board of Directors, and that he/she be the free act and deed of said Corporatlon and that it IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My commission expires PARTNERSHIP ACKNOWLEDGMENT STATE OF ) )ss. COUNTY OF 1 This instrument was acknowledged before me on this day of 20_, by P er of as a Notary Public My appointment expires X75,''©9.`'~~02 08:19 7464349 CIT'v'_HALL F'r~dt 1~ Exhibit B Recommended Description Temporary Consrruction Easement Tract # l.4 Edward A. Moore, JR. Trustee of the Mark S. Jansen Trust 4319 NW Gateway Dr. P.O. Box 681660 Riverside, MO 64168-660 All that part of Lo[ 4, Renner 1'la~a No. 1, a subdivision of land lying in the Southeast Quarter 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 4; said comer being located on the East Right of Way line of U•S. 71 Highway; thence South 89 degrees 28 minutes 48 seconds East, along the North line of said Lot 4, a distance of 7.331 meters (24,05 feet); thence South 3 degrees 57 minutes 21 seconds East, to a point on the South line of said Lot 4, a distance of 30.573 meters (1.00.3 feet); [hence Nonh 89 degrees 28 minutes 48 seconds Wcst, along said South line, a distance of 6.522 meters (21.40 feet), to a point on the East Right of Way line of U.S. 71 Highway; thence along said East Right of Way line on a curve to the right having a radius of 370.734 meters (1216.32 feet), a central angle of 00 degrees 57 minutes 49 seconds, a chord bearing of North OS degrees 50 minutes 52 seconds West, and an arc length of 6236 meters (20.46 feet), to a point of tangency; thence Nonh OS degrees 21 minutes 57 seconds West, along said East Right of Way line of iT.S. 71 Highway, a distance of 24.412 meters (80.09 feet), to the POINT OF BEGINNING. The above tract of land contains 212 square meters (2280 sq. ft.), or 0.0212 hectares (0.052 acres), more orlcss. State of Missoulri I, Mark C. Xoung, being a duly registered and licensed Land Surveyor in the State of Missouri, hereby declare that [his real property description was prepared by me or under my direct supervision and is correct to the best of my be ' d ability. ~ p F, R, /;, u. 4 a~_ t7~, r r~ i. '~ .gyn. '~•~~ I ~ ~ 'I $/21/01 ' ar Aestg, j.S- ;`~ Date Q•; V .? 17\SUR\Pe.rripl iotle\D,w1NwG in,cr l C'!>^F,auc Page: