HomeMy WebLinkAbout1995-103 - Amendment to the Right-of-Way Agreement with Texaco Pipeline, IncB]LI, NO. ~. /~ :? ORDINANCE NO. ~ r- /C
AN ORDINANCE AUTHORIZING THE Ext;t;u 1~luN ur~ AN AMENDMENT OF RIG~1T-
OF-WAY AGREEMENT WITH TEXACO PIPELINE, INC.
WHEREAS, Missouri Gaming Company and Argosy Gaming Company are currently
developing the permanent site for their Riverboat Casino; and
W~t1F3REAS, the devclopment of said uact of land has necessitated the relocation of
certain pipelines including a line owned by Texaco Pipeline, Inc.; and
WHEREAS, the relocation of said line requires a slight realignment of the pipeline from its
present location in the Southwest Comer 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 Ollicc; tiad
WF~3tEAS, the minor relocation of said p;pulinc~ 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 Texaco Pipeline,
Inc., is responsible for all costs associated with said relocation of said pipeline.
NO'W, THEREFORE, BE IT t"iRT'iATNt;tr tsY rrtt: liUAKll OF ALDERM$N OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The Amendment Of Right-Of_Way Agreement is attsched hereto and made
apart of this ordinance as though fully 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
Of Right-Of--Way Agreement.
PASSED THIS 5th DAY OF' a ~, c e ~~i b e r , 1995.
~k
MAYOR
ATTEST:
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X00494'7
AMENDMENT OF RIGHT-OF-WAY AGREEMENT
WHEREAS, TEXACO PIPELINE, INC., hereinafter 'TPLI", successor by merger to
Skelly Pipe Line Company, owns aright-of--way by virtue of that certain Pipeline Right of Way
Grant executed by John W. Brenner and Don J. Irwin, and conveyed to Skelly Pipe Line
Company on July 15, 1970 and filed for record July 16, 1970 in Book 345 at Page 150 in the
Office of the Recorder of Deeds for Platte County, Missouri, covering the following described
parcel of strip of land: A strip of land, herein "original corridor", 35 feet in width located in and
extending across a tract of land that is situated in the West half (W'/z) of Section 9, Township 50
[North], Range 33 [West], the limits of said 35 foot wide strip run parallel with and are located
respectively 17.5 feet left and 17.5 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, TSON, 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 297.2 feet to the true point of beginning for said survey
line to be described; thence N 3° 06' 00" E, 359.0 feet; thence N 18° 58' 00" E,
637.8 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
777.6 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 of the lands subject to the above described right-of--way by virtue of an
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 Pla±te County, State of Missouri;
WHEREAS, TPLI and Grantor desire to enter into this Agreement to reconfirm and
amend said Pipeline 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 TPLI, the receipt and sufficiency of which are hereby
acknowledged, Grantor hereby amends said Pipeline Right-of--Way Agreement, described above,
as follows:
1. Grantor hereby grants and conveys unto TPLI an easement and right-of--way and
reconfirms said right-of--way in accordance with all of the terms of the above-described Pipeline
~ ~
~,1Cr.~ ~'O'.~-tJ FAGi f ~'-
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 35 feet wide located in and extending completely across a tract of
land situated in the West (W'/z) of Section 9, Township 50 [North], Range 33
[West], to wit:
Commencing at the Northwest Corner of the Northwest Quarter (NW'/4) of
Section 9, Township 50 North, Range 33 West, Platte County, Missouri; Thence
on an assumed bearing S 00° 41' 20" West, 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 Easterly, along the South line of said above described
tract, a distance of 208 feet, more or less, to the POINT OF BEGINNING;
The sidelines of said 35 foot wide strip being 10 feet left (Westerly and Northerly)
and 25 feet right (Easterly and Southerly) from the following described survey line;
Thence North 00° 47' West a distance of 56 feet, more or less; Thence North 79°
24' East a distance of 96 feet, more or less, to the point of termination of said
sidelines of said 35 foot wide strip being 10 feet left (Westerly and Northerly) and
25 feet right (Easterly and Southerly),
Said point also being the point of beginning of the sidelines of said 35 foot wide
strip being 17.5 feet left (Westerly) and 17.5 feet right (Easterly) from the
following described survey line; Thence North 03° 06' East a distance 285 feet,
more or less; Thence North 18° 58' East a distance 638 feet; Thence North 20° 47'
East a distance 528 feet to the POINT OF TERMINATION on the Southerly right
of way line of the Burlington Northern Railroad, said point being 778 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 35 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. TPLI 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. TPLI and the Grantor herein intend to amend this Amendment of Right-of--Way
Agreement to reject 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 Pipeline Right-of--Way Agreement remains in full force
and effect and all provisions hereof and thereof shall be binding upon TPLI and Grantor. The
rights granted hereby may be assigned in whole or in part.
ARCTEX.AGR.1/25/96
2
C,i'.~{.~~y ~~f'A~t 71J'.9
EXECUTED this ~`~ day of ~-~.~~~- , 1996.
GRANTOR
SEAL
Attest:
By: ~~ ~~f~~,
J
CITY OF RIVERSIDE
By:~ i/.~-~-(~J
Title: ~7'?a-~-iB~
Date: °~~~ 9 ~~~
GRANTEE
SEAL:
Attask
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By, il~~ ~ ~ ~i . - ~ _ ~ ~ ~ `
TEXACO PIPELINE INC.
By:
Title: '~
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Date: -
f1RGTEl:AGR.1 /25/96
3 ' n ~ "7
000494'7
STATE OF Missouri )
SS
COUNTY OF Platte )
Before me, the undersigned, a Notary Public in and for the County aforesaid on this 2 9th
day of February , 19 96, personally appeared Betty Burch
to me known ,who, being by me duly sworn, did say that (s)he is the Mayor
for City of Riverside,Mo; and that (s)he was duly authorized to execute this Agreement
as the said city 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 and year last above written.
My Commission Expires:
~,~~-~1
,.
STATE OF t,1~ .~ ~'
SS
COUNTY OF t-~ ~ ~ ~_ ~ )
Notary Public
Before me, the undersigned, a Notary Public in and for the County aforesaid on this `~
day of ~ ~ ' ~ ~ , 19~ personally appeared „~- ; . i ,- ~ ~ ,
to me known ,who, being by me duly sworn, did say that (s)h'e is the ~ ; ,
for , !~ ,- ~ , ~ , ,and that (s)he was duly authorized to execute this 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 and year last above written.
1'vty Commission Expires:
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iiRG7L;CAGR.1/75/96
'~ ~ ~ ,t , ~', ,
Notary Public
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