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Home My WebLink About1995-091 - Right-of-Way Agreement with Williams Pipe Line CompanyG ORDINANCE NO. 9 BILL NO. 9~ AN ORDINANCE AUTHORIZING TI-lE EXECUTION OF AN AMENDMENT OF RIGHT- OF-WAY AGREEMENT WITH WII,LIAMS PIPE LINE COMPANY. WHEREAS, Missouri Gaming Company and Argosy Gaming Company are currently developing the permanent site for their Riverboat Casino; and WHEREAS, the development of said tract of land has necessitated the relocation of certain pipelines including those lines owned by Williams Pipe Line Company; and WHEREAS, the relocation of said lines requires a slight realignment of the pipeline from their present location in the Southwest Corner of tract of land received by the City of Riverside from Phil and Jane Snowden by instrument dated December 23, 1994 and recorded as Document Number 0018313 on December 30, 1994 in Book 823 at Page 006 of the Platte County Recorder of Deeds Office; and WHEREAS, the minor relocation of said pipelines on the City Property will not materially interfere with future development of said tract; and WHEREAS, Argosy Gaming Company, by virtue of its contract with Williams Pipe Line Company, is responsible for all costs associated with said relocation of said pipeline. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Amendment Of Right-Of--Way Agreement is attached hereto and made apart of this ordinance as though fu]ly set out herein. Section 2. The Mayor and City Clerk are directed to take such further action as may be necessary to implement the intent of this ordinance including the execution of the Amendment OfRight-Of--Way Agreement. PASSED THIS ~~ DAY OF _ 1995. ~~.1 fG~, ~ ~ ~ ~. ~~ -~- MAYOR A' CITY CLERK APPROVED THIS 0~ DAY OF r~ 1995. ~ i ~. ~~ CL~-, .~_' ~ ~~ z,~ /~ MAYOR "EXHIBIT G" AMENDMENT OF RIGHT-OF-WAY AGREEMENT WHEREAS, WILLIAMS PIPE LINE COMPANY, formerly Williams Brothers Pipe Line Company, hereinafter "WPL", succAssor by Assignment, owns a right-of-way by virtue of that certain Right of Way Agreement executed by J. W. Brenner and Bessie Brenner, husband and wife, and conveyed to Great Lakes Pipe Line Company on September 19, 1930 and filed for record January 14, 1931 in Book 109 at Page 64 in the Office of the Recorder of Deeds for Platte County, Missouri, and assigned to Williams Brothers Pipe Line Company by Conveyance and Assignment dated March 15, 1966 and filed for record as Document Number 11450 on March 30, 1966 in Book 285 at Page 316 in the Office of the Recorder of Deeds for Platte County, Missouri; and by virtue of that certain Partial Release of Right of Way executed by Kansas City Power and Light Company on April 6, 1973 and Williams Brothers Pipe Line Company April 9, 1973 and filed for record on May 3, 1973 in Book 413 at Page 112 in the Office of the Recorder of Deeds for Platte County, Missouri, excepting and reserving unto Williams Brothers Pipe Line Company all right, title, and interest acquired by virtue of the aforementioned Right of Way Agreement in and to the following described parcel or strip of land: A strip of land, herein "original corridor", 50 feet in width located in and extending across a tract of land that is situated in the West half (W':) of the Fractional West half (W~) of Section 9, Township 50 (North], Range 33 (West], the limits of said 50 foot wide strip run parallel with and are located respectively l0 feet left and 40 feet right, measured at right angles from the following described survey line: Commencing at the Northwest Corner of the Northwest Quarter (NW ;) of Section 9, T50N, R33W; thence on an assumed bearing S 0° 41' 20" E, on the West line of said Section 9, a distance of 1592.11 feet (1591.23 feet Deed) to the Southwest Corner of the above described tract; thence East on the South line of said tract, a distance of 312.8 feet to the true point of beginning for said survey line to be described; thence N 3° 06' 00" E, 358.2 feet; thence N 18° 58' 00" E, 633.1 feet; thence N 20° 47' 00" E, 528.3 feet to the point of ending on the Southerly right of way line of the Burlington Northern Railroad, said point being 792.6 feet, measured Southeasterly along said Southerly railroad right of way from the West line of Section 4, T50N, R33W [in the County of Platte, State of Missouri]; WHEREAS, The City of Riverside, Missouri, a Municipal Corporation, hereinafter "Grantor", is the owner virtuee f nan subject to the above described right-of-way by instrument dated May 8, 1995 and recorded as Document Number 0005493 on May 16, 1995 in Book 828 at Page 452 and an instrument dated December 23, 1994 and recorded as Document Number 0018313 on December 30, 1994 in Book 823 at Page 006 and an instrument dated August 10, 1994 and recorded as Document Number 0014488 on September 28, 1994 in Book 819 at Page 208, all in the Office of the Recorder of Deeds for Platte County, State of Missouri; WHEREAS, WPL and Grantor desire to enter into this Agreement to reconfirm and amend said Right-of-Way Agreement; NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, in hand paid by WPL, the receipt and sufficiency of which are hereby acknowledged,~Grantor hereby amends said Right-of-Way Agreement, described above, as follows: 1. Grantor hereby grants and conveys unto WPL an easement and right-of-way and reconfirms said right-of-way in accordance with all of the terms of the above-described Right-of-Way Agreement except the centerline description of the right-of-way is changed and corrected to read as follows (herein "new corridor"): A strip of land 50 feet wide located in and extending completely across a tract of land situated in the West :Ialf (W1/2) of Section 9, Township 50 [North], Range 33 [West], to wit: Commencing at the Northwest corner of the Northwest Quarter (NW ;) of Section 9, Township 50 North, Range 33 West, Platte County, Missouri; Thence on an assumed bearing South 00° 41' 20" West, along the West line of said Section 9, a distance of 1592.11 feet (1591.23 feet Deed) to the Southwest corner of the above described tract; Thence Easterly, along the South line of said ~' above described tract, a distance of 168 feet, more or 1~` less, to the POINT OF BEGINNING; The sidelines of said 50 foot wide strip being 20 feet left (Westerly and Northerly) and 30 feet right (Easterly and Southerly) from the following described survey line; Thence North 00° 47' West a distance of 89 feet, more or less; Thence North 79° 24' East a distance of 157 feet, more or less, to the point of termination of said sidelines of said 50 foot wide strip being 20 feet left (Westerly and Northerly) and 30 feet right (Easterly and Southerly), Said point also being the point of beginning of the sidelines of said 50 foot wide strip being 10 from lthe (Westerly) and 40 feet right (Easterly) following described survey line; Thence North 03° 06' East a distance of 240 feet, more or less; Thence North 18° 58' East a distance of 633 feet; Thence North 20° 47' East a distance of 528 feet to the POINT OF TERMINATION on the Southerly right-of-way line of Burlington Northern Railroad, said point being 793 feet, as measured along said right-of-way line, from the West line of Section 4, Township 50 North, Range 33 West, Platte County, Missouri. The sidelines of said 50 foot wide strip being lengthened or shortened to terminate on the boundary lines of the tract described first herein or other sidelines of said strip described herein. -2- 2. WPL retains all right, title, and interest to the original corridor hereunder until ninety (90) days after completion of its pipeline relocation within the new corridor. 3, WPL and the Grantor herein intend to amend this Amendment of Right-of-Way Agreement to reflect the accurate legal description if the as-built survey, made upon completion of construction, varies from the legal description set out in Paragraph 1 herein. 4. In all other respects, said Right-of-Way Agreement remains in full force and effect and all provisions hereof and thereof shall be binding upon WPL and Grantor. The rights granted hereby may be assigned in whole or in part. EXECUTED this ~ day of ~ ~9 y~ GRANTOR: SEAL Attes//t~~: By : l~/GL7r/ CITY OF RIVERSIDE K) ~ Title: ~/[ ~.~~ Date•~~ ~° (q 9.s GRANTEE: SEAL WILLIAMS PIPE LINE COMPANY By: Greg S. Floerke, Manager Land, Records and Claims Attorney-in-Fact Attest: By: Date: i, .::: ,,~,~4y ,« -3- STATE OF ~//-~!~Q!~!"1-~ ) ~~G „~/ ) SS COUNTY OF ~ ) Before me, the undersigned, a Notary Pu~,lic in an for the County aforesaid on this ~-G~ day of %~ to me /9q~ personally appeared ~~~-t-~-~ kno who, being by me duly sw n d that (s he is the l~~j for , and that (s)h as duly authorized to exec e his Agreement as the said 's voluntary act and deed. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said county and state the day an year last above written. Q-C.2J Notar Public My Commission Expires: ,~-~~ -s9 STATE OF OKLAHOMA ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this day of 19 , personally appeared Greg S. Floerke, Manager, Land, Records and Claims, who being by me duly sworn, did say that he is the Attorney-in-Fact for Williams Pipe Line Company, a Delaware corporation, by virtue of an August 4, 1995, Power of Attorney filed for record August 9, 1995, in the County of Tulsa, State of Oklahoma, in Book 5735 at Page 0244, as Document 95068720, and that the seal affixed to this instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, and said Greg S. Floerke acknowledged said instrument to be the free act and deed of said corporation. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said county and state the day and year last above written. Notary Public My Commission Expires: -4-