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HomeMy WebLinkAbout2001-048 - Acquisition of Trillium Land} ~ BILL NO. ' ~ ~ ~ ~ ~~ ORDINANCE NO. o2OO~ AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI TO ACQUIRE THE LAND AND IMPROVEMENTS COMMONLY KNOWN AS THE TRILLIUM LAND BY PAYING CONDEMNATION DAMAGES INTO THE CIRCUIT COURT WHEREAS, the City is authorized to acquire property through eminent domain proceedings; and WHEREAS, the City desires to so acquire the real property described at Exhibit A (the "Property"); and WHEREAS, the City has been authorized by an Order of the Platte County, Missouri Circuit Court (the "Court") to acquire the Property; and WHEREAS, the Commissioners appointed by the Court to assess the damages resulting in the City's condemnation proceedings have determined the amount of damages for such condemnation; and WHEREAS, Missouri Statutes require the City to pay the condemnation damages to the Clerk of the Court, NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Riverside, Missouri: Section 1. This ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the purposes of the City in acquiring the Property. Section 2. The City shall pay, pursuant to the Report of Commissioners of March 5, 2001, Three Million Eighty Nine Thousand Four Hundred Thirty and NO/100 Dollars ($3,089,430.00) in damages for the condemnation of the Property, together with costs as approved by Order of the Court. Section 3. The City Clerk is hereby authorized and approved and shall pay to the Clerk of the Circuit Court of Platte County, Missouri that amount described in Section 2 above. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby 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 all instruments, agreements and other documents, as may be necessary or convenient to perform the matters herein authorized and contemplated. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. J:ACLILNTSV61492V00040AK0196631.DOC PASSED by the Board of dermen of the City of Riverside, Missouri, and approved by the Mayor of Riverside, thi ay of Apri12001. f. MAYOR O .THE CITY OF RIVERSIDE TT CI CLERK JSCLIENTSV61492V00040AK0196631.DOC Exhibit A-1 TRACT 20/42 Parcel I Ali that part of Lot 3 as shown in the plat of partition of real estate of George Roberts, deceased, recorded in Book Z at Page 119 in the Ofiice of the Recorder of Deeds of Platte County, Missouri, in the East Half of Section 6, Township S0, Range 33 and lying South of the Right-of--Way of the Chicago, Burlington and Quincy Railroad Company EXCEPT part in the roadway. Parcel II All that part ofthe Northeast Quarter of Section 7, Township 50, Range 33, Riverside, Platte County, Missouri, bounded and described as follows: Beginning at a point 30 chains South of the Northeast corner of said Section 7, and running thence West 19.80 chains; thence South 2.5 chains; thence East 19.80 chains; thence North 2.50 chains to the place of beginning, EXCEPT part in roadway. The parties claiming an interest as identified in the Petition are Trillium Corporation; H.V. Daugherty; David C. Stover, Trustee; John E. Nelson, Joseph A Neison and Janet S. Nelson, Carol N. Shifflett ~' ar,d Roy L. Shifflett and Jay Bradford and Ray Bradford. Exhibit A-2 TRACT 27 All of the Northeast Quarter of the Northwest Quarter of Section 7, Township 50, Range 33, and all of the Northwest Quarter of the Northwest Quarter of said Section 7, lying East of the East line of the Missouri River Levee Right-of--Way and described as follows: Beginning at the Northeast corner of said Quarter Quarter Section; thence Westerly (Azimuth 90 degrees 32 minutes 14 seconds) along the North line of said Quarter Quarter Section 973.92 feet to an iron pipe on the East line of said Right-of--Way; thence Southerly (Azimuth 17 degrees 47 minutes S6 seconds) 36S.S2 feet; thence Southerly (Azimuth 1 degree 19 minutes 45 seconds) 237.26 feet; thence Southerly (Azimuth 349 degrees 40 minutes 45 seconds) 601.64 feet; thence Southerly (Azimuth 342 degrees 13 minutes 45 seconds) 147.12 feet to an iron bar on the South line of said Quarter Quarter Section; thence Easterly along the South line of said Quarter Quarter Section, 929.25 feet to the Southeast corner thereof; thence Northerly to the point of beginning, in Riverside, Platte County, Missouri. Subject to the rights of the public in roads. The party claiming an interest as identified in the Petition is Trillium Corporation. Eahibit A-3 TRACT 38 Parcel I The East 14 acres of the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 33, in Riverside, Platte County, Missouri, described as follows: Beginning at the Northeast corner of said Section 7, thence West 455.64 feet, thence South 1,315.3 feet to the South line of said Quarter Quarter Section; thence East 455.64 feet to the Southeast corner of said Quarter Quarter Section; thence North 1,315.3 feet to the point ofbeginning, EXCEPT the North 323.8 feet thereof. Parcel lI All that part of the Northeast Quarter of Section 7, Township 50, Range 33, in Riverside, Platte County, Missouri, described as follows: Beginning on the North line of said Section 7,455.64 feet West of the Northeast corner thereof; thence West 195.27 feet; thence South 1,315.3 feet; thence East 195.27 feet; thence North to the point of beginning, EXCEPT the North 323.8 feet thereof. The parties claiming an interest as identified in the Petition are Trillium Corporation; Ann M. Svoboda and Michael J. Svoboda; Harold Mitts, Jr., Trustee; George J. Higgins, Jr. and Elizabeth Ann Higgins, husband and wife; Charles R. Svoboda and Margaret Jean Svoboda, Co-Trustees and -Carole A. Rodman, Trustee. Exhibit A-4 TRACT 40 All that part of the Northeast Quarter of Section 7, Township 50, Range 33, Riverside, Platte County, Missouri, described as follows: Beguuung at a point 25 chains South and 19.80 chains West of the Northeast corner of said Section 7, thence South 2.50 chains; thence East 8 chains; thence North 2.50 chains; thence West 8 chains, to the point of beginning. The parties claiming an interest as identified in the Petition are Trillium Corporation; Harold Mitts, Jr., Trustee; Charles R. Svoboda and Margaret Jean Svoboda, husband and wife; George J. Higgins, Jr. and Elizabeth Ann Higgins, husband wife; Ann M. Svoboda and Michael J. Svoboda. Ezhibit A-5 TRACT 41 All that part ofthe Northeast Quarter of Section 7, Township 50, Range 33, Riverside, Platte County, Missouri, bounded and described as follows: Beginning at a point 27.50 chains South of the Northeast corner of said Section 7 and running thence West 19.80 chains; thence South 2.50 chains; thence East 19.80 chains; thence North 2.50 chains to the point of beginning, EXCEPT part in roadway. The parties claiming an interest as identified in the Petition are Trillium Corporation; H.V. Daugherty; John R. Hutcherson, Trustee and Filger Oil Co., Inc. Exhibit A-6 TRACTS 79 & 80 Parcel I A tract in the Southwest Quarter of Section 5 in Township 50 of Range 33, Riverside, Platte County, Missouri, described as follows: Beguuung on the West line of said Section 5 at a point 1,987.7 feet North of the Southwest corner thereof; thence South and Easterly parallel with the right-of--way of the C.B.&Q. Railway 1,445.2 feet to the East line of the West Half of the Southwest Quarter of said Section; thence South 330.3 feet; thence North 65 degrees 51 minutes West 1,445.2 feet to the West line of said Section; thence North 330.3 feet to the point of beginning. Parcel II A tract in the Northwest part of the Southwest Quarter of Section 5 in Township 50 of Range 33, described as follows: Beginning at a point 28.58 chains North and 2.90 chains East of the Southwest corner of Section 5 in Township 50 of Range 33, and running South 65 '/:degrees East 18.72 chains; thence North 2.82 chains to C.B.&Q. Railroad, thence North 66 degrees West 18.78 chains along side ofrailroad right-of--way, thence South 3.16 chains to place ofbeginning, EXCEPT, the East one acre thereof; all in }tiverside, Platte County, Missouri. Parcel III A tract in the Southwest Quarter of Section 5 in Township 50 of Range 33, Riverside, Platte County, Missouri, described as follows: Beginning at a point on the West line of said Southwest Quarter of Section 5 where said line intersects the Southerly right-of--way line of the Burlington Northern Railroad, said point also being 2,185.91 feet North of the Southwest corner of said Southwest Quarter, thence South along said West line 198.21 feet, thence Southeasterly parallel with the Southerly line of said railroad 209.68 feet, thence North parallel with the West line of said Quarter Section 208.56 feet to the Southerly line of said railroad; thence Northwesterly along said Southerly line of railroad to the point of beguuung. The parties claiming an interest as identified in the Petition are Trillium Corporation; The Mission State Bank and Trust; W.P. Moore, Inc.; Federal Deposit Insurance Corporation; Janice Deanna Fischer, Trustee and Frank A. Street, Jr, Trustee Under Trust Indenture. Exhibit A-7 TRACTS 87, 45, 46 Those parts of Section Five (5) and of Fractional Section Eight (8) all in Township Fifty (50) North, Range Thirty-three (33) West of the Fifth Principal Meridian, Riverside, Platte county, Missouri, described as follows: Commencing at the Southeast corner of said Section Five (5), being also the Northeast corner of said Fractional Section Eight (Frac. 8); thence North 89 degrees 20 minutes 00 seconds West along the South line of said Section Five (5) (which is also the North line of said Fractional Section Eight (Frac. 8) 1,160.00 feet to a True Point ofBeginning, said point being on the Westerly Right-of--way line ofhighway designated Interstate Route #63 5, as condemned in the Circuit Court of Platte County, Missouri, in Suit No. C-11021; thence from said true point of beginning South 0 degrees O 1 minute 20 seconds East along said Westerly Right-of--way line 812.00 feet; thence Southeasterly along said Right-of--way being a curve to the left, having a radius of 3,019.93 feet, an arc distance of 631.8 feet; thence South 0 degrees O1 minute 20 seconds East 2,142.49 feet, more or less, to a meander corner on the Northerly or left bank of Missouri River as located on May 21, 1965, the date of the Certificate of Survey made by Robert L. Buford, Land Surveyor, as Job No. P-8037, thence (Southwesterly) upstream meandering said River bank, but with the low water line of said River as the boundary, to a second meander corner of said River bank, which is the point of intersection thereof with the Southerly prolongation of the North-South center line of said Fractional Section 8, said intersection point being 1,565.54 feet distant South 76 degrees 03 minutes 33 seconds West from the end of the last herein above described course; thence continuing upstream meandering said River bank, as same is located on the Certificate of Survey No. P-1224, made by Robert L. Buford, Land Surveyor, dated Apri119, 1966, revised May 25, 1966, but with the low water line said River as the boundary to a third meander corner on said River bank which is the point of intersection thereof with the Southerly prolongation of the West line of said Fractional Section 8; thence North 0 degrees 12 minutes 26 seconds West along the Southerly prolongation of the West line of said Fractional Section Eight (fi-ac. 8) and the West line thereof; 4,615.85 feet to its Northwest corner being also the Southwest corner of Section Five (5); thence North 0 degrees 02 minutes 56 seconds along the West line of said Section Five (5), 1,657.40 feet; thence South 65 degrees 56 minutes 26 seconds East 1,43 5.76 feet; thence North 0 degrees 03 minutes 07 seconds West 527.83 feet; thence South 65 degrees 55 minutes 20 seconds East 56.11 feet; thence Southeasterly along the arc of a circular curve to the left having a radius of 11,509.22 feet, and the last described course for its initial tangent 736.54 feet; thence South 69 degrees 35 minutes 20 seconds East tangent to the curve in the previous course described 2,501.85 feet to the Westerly line of the Right-of--way Highway U. S. No. I-635; thence South 20 degrees 22 minutes 40 seconds West 251.80 feet; thence Southeasterly along said highway right-of--way line, (being the arc of a circular curve to the left having a radius of 2,994.90 feet, the last described course for its initial tangent, and a central angle of 4 degrees 44 minutes 42 seconds), 248.03 feet to the South line of said Section Five (5) being also the North line of said Fractional Section Eight (Frac. 8); thence North 89 degrees 20 minutes 00 seconds West along said Section line, 140.20 feet to the True Point of Beginning; together with all accretions thereto, but subject to erosion therefrom by said Missouri River, and ALSO EXCEPTING, therefrom land conveyed by Clyde J. Linde and Margaret Y. Linde to State of Missouri by Deed dated December 14, 1968, for Highway designated Interstate Route No.635. ALSO EXCEPT, that part of Fractional Section 8, Township 50, Range 33 West of the Fifth Principal Meridian, Platte County, State of Missouri, described as follows: The West 300 feet of said Fractional Section 8 as measured at a right angle from the West line of said Fractional Section 8 that lies South of the Southerly line of Highway designated Interstate Route Number 635 as conveyed indeed dated December 14, 1968, from Clyde J. Linde and Margaret Y. Linde, Husband and Wife to State of Missouri and lies North of the left banl: of the Missouri River. The parties claiming an interest as identified in the Petition are Trillium Corporation; Kansas City Industrial Land Co.; Frarilc A. Street, Ir., Trustee; Harbie Oil; William A. Denney, Trustee; Glacier Park Cornm-ari upland industries Corp. and H.V. Daugherty. F~ Y~ Exhibit A-8 TRACTS 31 & 43 Parcel I All that part of Section 7, Township 50, Range 33, Platte County, Missouri, being bounded and described as follows: Beginning at the intersection of the South Right-of--Way line of Interstate Route 635, as now established, and the Southerly prolongation ofthe East line of Section 7; thence South 0 Degree 00 Minutes 47 Seconds East along said prolongation 1,187.13 feet to a point on the North Right-of--Way line of Quindaro Bend District Levee Right-of--Way; thence South 79 Degrees 23 Minutes 33 Seconds West along said North Right-of--Way line 1,347.92 feet to a point on the West line of the East Half of the Southeast Fractional Quarter of said Section 7, produced South; thence North 0 Degrees 47 Minutes 31 Seconds East along the Southerly prolongation of said West line 1,211.63 feet to the intersection of said line with the South Right-of--Wax line of said Interstate Route 63 5; thence Northerly along saidright-of--Way line on a curve to the right, having a radius of 1,759.86 feet, an arc distance of436.68 feet; thence North 80 Degrees 54 Minutes 44 Seconds East along said Right-of--Way line 311.02 feet; thence Northerly along said Right-of--Way line on a curve to the right, having a radius of 1,739.86 feet, an arc distance of286.89 feet; thence North 86 Degrees 49 Minutes 40 Seconds East; continuing along said Right-of--Way line, 276.90 feet; thence South 0 Degrees I 1 Minutes 44 Seconds East along said Right-of--Way Gne, 50.07 feet; thence North 86 Degrees 49 Minutes 40 Seconds East along said Right-of--Way line, 43.66 feet to the point of beginning, EXCEPT part roadway. Parcel R That part of Fractional Section 7, Township 50, Range 33, Platte County, Missouri described as follows: Beginning at the point of intersection of the Southerly line of the Quindaro Bend Levee Right-of--Way as located on the survey of Robert L. Buford, Job No. P-1362, dated July 13, 1966, with the Southerly prolongation ofthe East line ofsaid Fractional Section 7; thence South 0 Degrees 12 Minutes 26 Seconds East along the Southerly prolongation of the East line of said Fractional Section 7, a distance 481.34 feet to the left bank of the Missouri River, as located July 13, 1966, the date of the aforesaid Buford Survey; thence in a Westerly direction meandering the left bank of said Missouri River, but with the low water line along said river as the boundary to the point of intersection thereofwith the Southerly prolongation of the West line of the East Half of the East Half of said Fractional Section 7; thence North 0 Degrees 12 Minutes 26 Seconds West along said Southerly prolongation of the West tine of the East Half of the East Half of said Fractional Section 7, a distance of 239.19 feet to the Southerly line of the Quindaro Bend Levee Right-of--Way, as located by the aforesaid Buford Survey; thence North 79 Degrees 11 Minutes 54 Seconds East along said levee Right-of--way line 1,324.88 feet to the point of beginning, EXCEPT part in roadway. Parcel III All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33, Platte County, Missouri, EXCEPT a tract of land conveyed to Latta-Scholes, Incorporated in Book 348 at Page 421 and EXCEPT part in roadway. The parties clainung an interest as identified in the Petition are Riverside Park Resort Company, Kansas State University Foundation and Patrick D. Partington, Trustee.