HomeMy WebLinkAbout1999 - 63 - Acquisition of P.I.C. Plaza Through Eminent DomainORDINANCF.
Bill No. 99- la3
Ordinance No. 99-~
AN ORDINANCE AU"I'HORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI
TO ACQUIRE THE LAND AND IMPROVEMENTS COMMONLY KNOWN AS P.I.C. PLAZA
AND ALL ASSOCIATED APPURTENANCES AND IMPROVEMENTS (THE "PROPERTY"),
BY EXERCISE OF ITS POWER OF EMINENT DOMAIN IN THE EVENT IT IS UNABLE TO
ACQUIRE THE PROPERTY BY PURCHASE.
WHEREAS, the City is authorized to acquire, through purchase, eminent domain and other
methods, property for parks and parkland; and
WHEREAS, the City desires to so acquire the real property described at Exhibit A (the
"Property"); and
WHEREAS, the City has engaged in negotiations for the acquisition of the Propert}~ but has
been unable to reach an agreement with the owners of the Property: and
WHEREAS, the City desires to acquire the Property through eminent domain:
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
Section I. This ordinance is intended and is hereby determined and declared to be necessary to
accomplish and serve the purposes of adding the Propem~ to the parks system of the
City and to obtain private property which is to be put to a vital and necessary public
use and purpose as public park land.
Section 2. The City made a final offer to acquire the fee ownership interest in the Property
described in the attached Exhibit A by negotiation and such offer was not accepted.
Section 3. It is hereby deemed that the City has been unable to acquire the Property through
good faith negotiations and 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, R.S.Mo. §88.667 and Missouri Rules of Civil Procedure, Rule 86.
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 compl}~ with the intent of this Ordinance and
to execute and deliver for and on behalf of the City the final offer, a petition for
condemnation, all certificates, instruments, agreements and other documents, as may
be necessary or convenient to perform all matters herein authorized.
Section 5. 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 ~ day of September, 1999.
ayor
A TE~S~~
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C' y Clerk
EXHIBIT "A"
All that part of the South half of the Southwest Quarter of the Northeast Quarter of
Section 4, Township 50, Range 33, in Riverside, Platte County, Missouri, described
as follows: Beginning at a point that is 1980 feet South of the North line and 133.17
feet East of the North and South center line of Section 4, aforesaid, said point of
beginning being also on the Easterly line of the right of way of U.S. Highway 71, as
said right of way is now established, and running thence East parallel with the North
line of said Section 456.83 feet; thence deflecting to the right 152 degrees 30' 30" a
distance of 368.25 feet; thence deflecting to the right 12 degrees 43', a distance of
114.25 feet to a point on the Easterly line of said right of way of U.S. Highway No.
71; thence Northerly along the Easterly line of said right of way of said U. S. Highway
No. 71, a distance of 200 feet to the place of beginning. This legal description is
recorded in Book 506 at page 54 in the Platte County Courthouse.