AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FOR REAL ESTATE ALONG THE FORMER CHICAGO-GREAT WESTERN RAILWAY CORRIDOR EAST OF ST. JOSEPH AVENUE FROM THE UNION PACIFIC RAILROAD FOR THE AMOUNT OF $119,075.65. WHEREAS, The Union Pacific Railroad holds title to the right-of-way of the former Chicago Great Western Railroad corridor, which runs roughly parallel to St. Joseph Avenue and has not been in service for use by a railroad for approximately 30 years; and WHEREAS, The City of St. Joseph has a public interest in acquiring this property for public use for purposes such as storm water drainage, combined sewer overflow improvements and future hike and bike trails; and WHEREAS, The City Council authorized the purchase of, and appropriated the funding for, this land via Special Ordinance No. 7486. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH, MISSOURI, AS FOLLOWS: SECTION 1. That a Quit Claim Deed by and between the City of St. Joseph, Missouri and Union Pacific Railroad for real estate to be used for public purposes in the amount of ONE HUNDRED NINETEEN THOUSAND SEVENTY-FIVE DOLLARS AND SIXTY-FIVE CENTS ($119,075.65) be, and hereby is, approved and that a true and accurate copy of said Quit Claim Deed be, and hereby is, attached hereto and incorporated herein by reference as though fully set out herein. SECTION 2. That the Quit Claim Deed be, and hereby is, accepted from Union Pacific Railroad. SECTION 3. That the Financial Services Director be, and hereby is, authorized to issue a warrant pursuant to the aforesaid, and to charge said amount to the CIP Sales Tax Fund Account Number 1150-1710 (Land), in payment thereof when directed to do so by the Director of Public Works and Transportation. SECTION 4. That the City Clerk be, and hereby is, directed to record said Quit Claim Deed with the Recorder of Deeds of Buchanan County, Missouri, with the cost of recording to be borne by the City. SECTION 5. That this Ordinance shall be effective from and after date of passage.
Date: Amount: Account No: Type of Ordinance:
December 4, 2008 $119,075.65 1150-1710 Special Ordinance
EXPLANATION TO COUNCIL BILL ORIGINATING DEPARTMENT: Public Works & Transportation Administration PURPOSE: To accept a Quit Claim Deed for real estate for the purpose of purchasing property from the Union Pacific Railroad along the former Chicago-Great Western railway corridor east of St. Joseph Avenue, north of 4th street and south of Karnes Road for the amount of $119,075.65. This money will be coming from the CIP Sales Tax Fund from monies approved in the 1998 CIP Sales Tax initiative for stormwater related improvements. REMARKS: The Union Pacific Railroad holds title to the majority of the former railroad corridor owned by the Chicago-Great Western Railroad. Many years ago the rails, ties, and roadbed were removed and these various tracts of land along this corridor now sit undeveloped. This corridor also runs through and/or alongside the floodway and flood plain of the Blacksnake Creek. Through negotiations with the Union Pacific Railroad, city staff has come to terms on a price. Through Special Ordinance No. 7486 which passed October 20th, 2008, the City Council approved the sales contract and appropriated the funding for purchase of the abandoned Union Pacific Railroad corridor. This ordinance will authorize the City to accept the Quit Claim Deed. The public interest in acquiring property along this corridor is for future extensions of the city’s hike and bike trail system, as well as conveyance of storm water drainage. At the request of the Union Pacific Railroad, this sale is being expedited so as to be completed during calendar year 2008.
CIP No. 398-305. I DO HEREBY CERTIFY THAT THE FOREGOING CONTRACT OR ORDER IS WITHIN THE PURPOSE OF THE APPROPRIATION TO WHICH IT IS TO BE CHARGED, AND THAT THERE IS AN UNENCUMBERED BALANCE TO THE CREDIT OF SUCH APPROPRIATION SUFFICIENT TO PAY THEREFORE.
Carolyn Harrison, Director Financial Services Submitted By: Reviewed By:
J. Bruce Woody, P.E., Director Public Works & Transportation
Vincent J. Capell City Manager