HomeMy WebLinkAbout1994-46 - Permanent Easement to Missouri Cities Water Company#3695Sj 06/94
BILL NO. 9~
ORDINANCE NO. /`//
AN ORDINANCE AUTHORIZING THE GRANTING OF A PERMANENT
EASEMENT TO MISSOURI CITIES WATER COMPANY FOR WATERLINE
CONSTRUCTION, REPLACEMENT, RENEWAL AND MAINTENANCE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
Section 1. For the purpose of the construction,
replacement, renewal and maintenance of waterlines by Missouri
Cities Water Company, which provides water to the citizens of
the City of Riverside, the City does hereby authorize the
granting of a ten (10) foot wide permanent easement to Missouri
Cities Water Company, its successors, appointees and assigns, a
copy of said easement being attached hereto and incorporated
herein.
Section 2. The signed instrument designating the grant of
said easement shall be appropriately recorded with the Platte
County Recorder's Office.
Section 3. The City does hereby accept the Guaranty
executed by Argosy Gaming Company in connection with this
easement, a copy of said Guaranty being attached hereto and
incorporated herein.
PASSED THIS ~'~/lam! DAY OF 1994.
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MAYOR
ATTE T:
CITY CLERK
APPROVED THIS ~~ /C" DAY OF ~~~, 1994.
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MAYOR
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,a-94 02:57PM FROM WITHERS BRANT iGDE TO 16i8~79~636 P002/004
This Guaranty is given by Argosy Gaming Company, a Deitxprui,Ye
Corporation, of Alton, Illinois (hereinafter referred to as
"(iuarantor~~) in consideration of the execution by the City of
Rivaxaide (hereinagtor referred to as "Cityu) of an basement with
Mi'~souri Cities Water Company to a strip of l.arid ~.o fcet in width
1CCated on tha park Zard aP t:se ci`:y og +eiverside and providing the
water line to be used far the temporary gaming site by xissouri
Gaming Company.
Tri Consideration aI the executi0h pf the easement and other
good and valuabls Consideration, Guarantor agrrtsas that;
1. GtlarantoX will assume all cysts, including the legal cost
of oondemnat~,on, iP neaessaxy, to obtain the vacation oP the
9a®ataent granted by City to Missouri Cities Wat~,r company for that
aortion of the Water line going to the temporary park vita at such
.time aS the City oP~RivArsida directs that said easement is to by
vae~t~d,
:!
a. Guarantor uaknowledgas that it has previously executed a
Guaranty and r~iesouri Gdffiit]c( Company has cor.*_rac t;:3ily ayraeei with
City tq r8movo the water line, at no cost to the City or Riverside,
if said linty shoul$ be ru~uvdd at the direction of the City of
Miverside i31 tha future.
3• This Guaranty Shall _$ecame Hall and void only if any of
tha follvwinq bgnc~itioni5 Should occur:
(a) that Niesouri citipM water company ur it.s successors
a7sould axeaute a written agreement whicri is raaordod nr able
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.-94 ~2:59PM PRGM WITHERS GRANT IGGE TG I6I84?4?636 P003/004
~' to be recorded conwenting to the vacation of this easement
upon directipn by City;
(b) thQ official decision of the City Dither through its
~inutwa, or by ordinance or resolution, in which the ~oax'd oP
Aldei"man decides to utilize this water line far purposes pr
the city alter the 1easQ agreement with Missouri G$3Eiriq
Company hap terminated wikh the City; or
(o; for e~ny other reason that City determines it to be
ih the Cfty~p~ best interest to maintain the easement by
Kiasouri Citiwe~ water company after termination of the lease
sgreemant o» the City park property by tho ~[issouri Gaming
~- ~} company.
4. If the G~iBrantor defaults in the ps]cformance of the
obligations contained in this Guaranty, Guarantor will, upon demand
pmy to City said Bum of money that shall tea necessary to complete
the pArYOX7parice o! the obligation, together with reaeonablo
attorney Ewes end all ooats and other expenses incurred by city i,n
eoiiwatfola or coatpromitsinq the same.
5. Tf legal $otic'ln is taken to enforce triis Guaranty or any
provision hereof, such action must be against Guarantor and may be
mainta~.ned alone or joined with any action ar other proceeding
against Mignouxi G~+uning Cvmpany•s obligations or Argosy Gaming
company's obiigat~ons to the c~.ty.
}6. Thiffi Guaranty and the obligations hereunder shall be
binding uppri Guarantor and upon its successors.
i~/~1'pOYr. QW
„/'® BASEMENT
TH19 INDENTURE, made and entered Into thle ~~~ day of .t-e~ 1oLL, between
The City of Riverside Mleeourl, herslnalter referred to ^e
Grantor, end M18SOUR1 CITIE9 WATER COMPANY, • Mleepurl Corporation, herelnalter referred to •e Grantss;
WITNESSETH:
1. For end In consideration of lhs sum of One Dollar ISt.clo) and olhergood and valuable consideretlone paid by
the Grantee to the Oranlor, receipt of which Is hereby acknowledged, grantor dwe herebygrant to the Grsntae, Grantss'e
eucoesson and assigns, s permanent easement, 10.0 feat In width, situated In Platte County,
Mlseourl, dsecrlbed ae follows:
A STRIP OF LAND 10.00 FEET 1N WIDTH LOCATED IN iHAC 1TONAl SECTION B, TOWNSHIP 60 WEST, HANGF 73 NORTH, NVERSiD F. PLATTE COUNTY, MISSOURI,
THE CENTERLINE OF WI/ICH IS MORE PAn 11CULNiLY DESCRIBED AS FOLLOWS; COMMENCING AT 7ME NORTHWEST CORNER OF SND FRACTIONAL SECTION B;
THENCE S 08.20'10' E ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 0 A DISTANCE OF 1,303.60 FEET TO THE EAST LINE OF THE WEST ONE-MALf OF
THE WEST ONk-HALF OF SND FRACTIONAL SECTION D; THENCE 500'07'00' E ALONG SND EAST LINE A DISTANCE Of 100.77 FEET TO A POINT ON TnE SOUTH
RIGHTOF~WAY LINF OF THE CHICAGO, BURLINGTON ANG OUINCY RNLROAD; TH ENLE 5 OP'36'26' E ALONG SND SOUTH RIGH T~OFWAY LINF A DISTANCE OF
604.77 FEET TO nff POINT OF UEGINNING DF THE CEN IEHLINE OF SND STRIP OF LAND TO BE DESCRIBED; THENCE S 10'2/'36' W A DISTANCE OF 230.fi6 FEET
TO A POINT, SND POINT MEREAfT ER REF ERNED TO AS POINT 'A'; THENCE S tlV3U'26' E A DISTANCE Uf 3./e FEET; TnlNCE S 00'00'00' W A DISTANCE OF
6Y 1 .72 FEET; TI IlNCE S 62'60'06' W A DISTANCE OF 31 2.77 FEET; THENCE S 00'0 I'3a' W A DISTAN C! OF 61 7.Y6 FEET; THENCE S 61'//'//' E A DISTANCE OF
tl6.17 FEET; THENCE N 28'16'18' E A DISTANCE OF 16.00 FEET TO iI1E TlMMINUS Of SND STRIP CENTERLINE; ALSO A STRIP OF LAND 10.00 FEET IN WIDTH,
THE CENTERLINE OF WHICH IS MORE PAHTIC ULARLY DESCRIBED AS FOLLOWS; BEGINNING AT SND POIN T'A'; THENCE 6 20'2/'3fi' W A DISTANCE OF 0.70 fEET;
THENCE 6 01.10' I Y W A DISTANCE Of 12.00 FEET TO THE TERMINOi Of iND eTPoP CENTERLINE.
3. Grantee, Grantee's succeeaora, eppolnlaee and aeslgns ere granted the right, prlvllega end authority to
construct, replace, renew and maintain a wete- Ilne o- Ilnes together with necessary connections, valves and other
eppLlrtcnences, to t7e located on, under, across and through the above-described property, with the additional right,
privilege end authority to remove, replace, repair and enlarge Bald Ilne or Ilnes, and fo Irlstell additional Ilnes, end the
connections, valves and appurtenencea lflereto, end to irlrn arld remove roots, shrubs, bushes end plants which altacl the
oporelion of said Ilnee, end Grantor does hereby pennll the use of such additional space adJacenl to the right-of-way so
grentod as may bo required for working morn during the construction, reconstruction or nTRlntenanco period.
4. Tllle to the utllltles constructed hereunder shell renlaln Irl Ills Grantee, Grantee's successors, appolnteesar>~
aeslgns.
5. Grantor covenants to end with the Grantee that eubJect to existing eaeemente, II any, for public highways or
roads, railroads, laterals, ditches, pipelines end electrical lrenemlaslon or distribution Ilnea and telephone and telegraph
Ilrles covering Iho lend herein deecrit7ed, Grantor le lewlully seized and possessed of said lends, has good end lewlul right
anLt power to sell and convey them, and tftat they are free and clear of all (lens and encuntbrences, except as herein staled;
and Thal Grantor will forever Warrant end delend the 1I11e to Bald easement end the quiet poeaesslon therool against the
lewlul claims end demands of ell person whomsoever.
8. The area of the 10.0 wide permanent aaeement la restricted end reserved for the water Ilne or Ilnos,
except that the Grantor, hie helm, legal represenlatlves and aeslgns, may fully use end enJoy said premisos for larlning,
roadways, elreols, walkways, lencee or other almller uses. Houses, barns, bulldinge, patios, cerporte, garages and other
almller type structures may not be built on the easement.
7. Grantee agrees to replace and Impact the earth removed Irom Bald etrlp of ground and will restora the surfnce
of the Around In anld oasement In as good s condition ns Il was belore tlTe Around was broken Into alter the oriplnRl
Installallon and any lulure maintenance thereof of said water Ilne or Ilnes. The ground shall be eoedod end mulchod.
B. Thle agreement shall be binding upon the parties hereto, ttlelr hairs, administratora, executors, successors
end aealgne.
uv tirl'TiJc$u^ tVHcirEvr•, 3rantor has uxeE:uted :his instrument :n the Stela of haasourl the day end yoar ilrsi
above written.
GRANTOR ~~ ~'7 ' ~-~`~a-~Lp .
STATE OF MISSOURI )
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COUNTY OF Platte ) ~
-N. W. CDR. FRAC. SEC. 9
S 89'20'14" E
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EASEMENT DESCRIPTION'
A STRIP OF LAND 10.00 FEET IN WIDTH LOCATED IN FRACTIONAL SECTION 9,
TOWNSHIP 50 WEST, RANGE 33 NORTH, RIVERSIDE, PLATTE COUNTY, MISSOURI,
THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECTION 9;
THENCE S9'20'14" E ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 9
A DISTANCE OF 1,303.50 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF
THE WEST ONE-HALF OF SAID FRACTIONAL SECTION 9; THENCE S 00'02'00" E
ALONG SAID EAST LINE A DISTANCE OF 290.77 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD,
THENCE S 69'35'25' E ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE
OF 804.73 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID
STRIP OF LAND TO BE DESCRIBED; THENCE S 20'24'35' W A DISTANCE OF
234.65 FEET TO A POINT, SAID POINT HEREAFTER REFERRED TO AS POINT
"A"; THENCE S 69'35'25' E A DISTANCE OF 3.48 FEET; THENCE S 00'00'00"
W A DISTANCE OF 591.32 FEET; THENCE S 52'50'06" W A DISTANCE OF
312.77 FEET; THENCE S 00'01'36" W A DISTANCE OF 517.96 FEET; THENCE
S 61'44'44" E A DISTANCE OF 65.17 FEET; THENCE N 28'15'16" E A DISTANCE
OF 15.00 FEET TO THE TERMINUS OF SAID STRIP CENTERLINE; ALSO A STRIP
OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICIi IS MORE PAR-
TICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT SAID POINT "A"; THENCE
S 20'24'35" W A DISTANCE Of 0.79 FEET; THENCE S 41'10'13' W A DISTANCE
OF 22.00 FEET TO THE TERMINUS OF SAID STRIP CENTERLINE.
END OF DESCRIPTION.
POINT OF BEGINNING
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~4-94 02:57PM FROM WITHERS GRANT ?GOE
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PG04/004
IH N'I~TESS WFigggpg, Guarantor has Caused this Guaranty to be
exaautod by ita duly autharizea representiative on this ~Y`X day of
~~c.,._.,,_, 1994.
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ARGOSY 4A~Ip0 COMPANY,
a Aelaurare corporation
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