HomeMy WebLinkAbout2002-081 - Acquisition of Certain Lands Through Eminent DomainBill No. 2002-81
Ordinance No. 2002-81
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE,
MISSOURI, TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL
ASSOCIATED APPURTENANCES AND IMPROVEMENTS SY EXERCISE
OF ITS POWER OF EMINENT DOMAIN
WHEREAS, the City of Riverside (the "City") is authorized by Missouri statute to
acquire, through purchase, eminent domain or other methods, private property for public use for
the purpose of establishing a public park; and
WHEREAS, the City desires to so acquire the real property described at Exhibit A (the
"Property"), commonly known as 4502 NW Gateway, for the purpose of establishing a public
park; and
WHEREAS, the City made agood-faith offer to purchase the Property for $164,000.00,
via a letter dated .Tune 25, 2002; and
WHEREAS, The owner of record of the Property did not accept the City's good-faith
offer; and
WHEREAS, because the City was unable to successfully purchase the Property though
Qood-faith negotiations with the Property owners, the City desires to acquv-e the Property
through eminent domain;
NOW, THEREFORE, BE IT ORDAINED SY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section L This Ordinance is intended and is hereby determined and declared to be necessary
to accomplish and serve the public purpose of establishing a public park by obtaining the
Property, which Property is thereby to be put to a vital and necessary public use and purpose.
Section 2. On Tune 25, 2002, the City, by letter, made a final offer in the amount of
$166,400.00 to acquire the fee ownership interest in the Property by negotiation.
Section 3. The owners of the Property have not accepted the City's final good-faith offer to
acquire the fee ownership interest in the Property, and the Board of Aldermen does hereby deem
that the City has been unable to acquire the Property through good faith negotiations.
Section 4. Because the City has not been able to acquire the Property through good (with
negotiations, despite its agood-faith final offer to purchase the Property, the acquisition of the
Property through the City's power of eminent domain is authorized and approved pursuant to the
authority vested in the City by and under the Constitutions, laws, ordinances, rules and
regulations of the City, the State of Missouri and of the United States of America, including,
without limitation, RSMo. §88.667 and Missouri Rules of Civil Procedure, Rule 86.
Section 5. The Mayor. Che City Administrator, the City Attorney and other appropriate City
officials are hercby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance and to execute and deliver
for and on behalf of the City a petition for condemnation and all certificates, instruments,
agreements and other documents, as may be necessary or convenient to perform all matters
herein authorized.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
approval.
ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, and approved by the
Mayor of Riverside, this 16th day of July, 2002.
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Mayor
ATTEST:
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~Yy Clerk
Q1Documems and Scuings'Unisick\Local Sittings\Temporary Lnerne[
Exhibit A
Leal Descriesion
Lots 1 and 9, V~'EDOW ADDITION, a Subdivision of Riverside, Platte Cowrt3~, Missouri,
except parts in road.
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