HomeMy WebLinkAboutR-2011-009 KCP&L Permanent Utility Easement RESOLUTION NO. R-2011-009
A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY
EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO
KANSAS CITY POWER & LIGHT COMPANY AND AUTHORIZING THE EXECUTION AND
DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO
WHEREAS, the City owns certain property ("Property") located east of I-635 Highway
and south of BNSF Railway in Riverside; and
WHEREAS, Kansas City Power & Light Company has requested a permanent
easement to provide new electrical service to the property located at 4001 NW Tremont
Trafficway in order to enable the property owner to construct certain improvements thereon;
and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to convey said
easement to Kansas City Power & Light in substantially the same form as set forth in Exhibit "A";
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Mayor is hereby authorized to execute and deliver the Easement
Conveyance by and between Kansas City Power & Light Company and the City of Riverside,
Missouri in substantially the same form as attached hereto as Exhibit "A" and the City Clerk is
authorized to attest thereto, and the performance of all actions related thereto are approved,
authorized and directed;
FURTHER THAT the Mayor and City Clerk are hereby authorized to execute such
documents and take such actions as are necessary or desirable to effectuate the intent of this
Resolution;
PASSED AND ADOPTED by tly� B ard of AI men and APPROVED by the Mayor
of the City of Riverside, Missouri, the � day of 2011.
� i
Kathleen L. Rose, Mayor
ATTEST:
����� n�
Robin Littrell, ity Clerk
Appro s Form:
� ��
a cy Thompso City Attorney
CITY OF
��R► ,� �vERS� ��
Upstream from ordinory.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: January 28, 201 I
AGENDA DATE: February I, 201 I
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: KCPL Easement Conveyance for Motorola Tower
BACKGROUND: The Motorola tower site requires a KCPL Easement Conveyance for the power
supply.
RECOMMENDATION: Staff recommends approval of the resolution to provide the easeme�t to KCPL.
KCPBL S 5_�SE /SE QQ/Q
T 50_� PLATTE County
R 33_�MISSOURI_State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this .3 � day of �,�, 2011, by and
between City of Riverside of Platte County, Missouri "GRANTOR" and Kansas City Power 8
Light Company, a Missouri corporation whose mailing address is PO Box 418679, Kansas City,
MO. 64141-9679, and its and their affiliates, lessees, licensees, designees, successors and
assigns, of Jackson County, Missouri "GRANTEE".
After recording mall to: KCPB�L
Right of Way Dept. F8M-2
PO Box 418679
Kansas City, MO 64147-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND CONVEYS to Grantee, its
lessees, successors and assigns, the right, privilege and perpetual easement to enter upon the
lands of Grantor as described below, to survey, construct, operate, patrol, inspect, maintain, alter,
add wires, poles, cables, conduits, and pipes, repair, rebuild and remove, on, under and over the
easement described below and in and upon all streets, roadways or highways abutting said
lands, now or at any future time, lines for the transmission and distribution of electric energy, and
for communication purposes, and all appurtenances and appliances necessary in connection
therewith, together with the right of ingress and egress to and from said lines of GRANTEE over
the lands of Grantor so that Grantee may go to and from said lines from the public roads adjacent
to Grantors lands, which said perpetual easement being over, along, across and under the
following described lands situated in the County of Platte, in the State of Missouri, said land more
particularly described as follows:
A tract of land 10 foot in width located in the City of Riverside, Platte County, Missouri, said 10
foot wide tract of land is identified on the attached Exhibit "A" which is expressly incorporated
herein and made a part hereof by reference.
Grantee may erect and use gates in all fences which cross or which shall hereinafter cross the
route of said lines. Grantee is given the right to trim, cut and clear away any trees, limbs and
brush on or adjacent to the above-described easement whenever, in its judgment, such will
interfere with or endanger the construction, operation or maintenance of said lines. In exercising
its rights of ingress or egress Grantee shall, whenever practicable, use existing roads or lands
and shall repair any damage caused by its use thereof. All logs, limbs, or brush cut or Vimmed by
Grantee shall be removed by Grantee unless Grantor othervvise requests.
It being the intention of the parties hereto that Grantor is hereby granting the uses herein
specified without divesting Grantor and heirs or assigns of the right to cultivate, use and enjoy the
above-described premises: PROVIDED, however, such use shall not, in the judgment of said
Grantee, interfere with or endanger the construction, operation or maintenance of said lines, and
provided further that no buitding shall be constructed on the easement without Grantee's written
permission.
The lines and all facilities erected by Grantee are the personal property of Grantee and title to
said lines and facilities shall be and remain in said Grantee
TO HAVE AND TO HOLD said easement and rights aforesaid with ail and singular, the rights,
privileges, appurtenances, and immunities thereto belonging or in anyway appertaining unto
Grantee its lessees, licensee, successors or assigns forever. This easement conveyance shall
run with the land and shall be binding upon Grantor and Grantor's heirs, administrators,
executors, successors and assigns. Grantor hereby covenants that Grantor is the owner(s) of the
above-described land, subject to existing liens and right-of-way easements of record.
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Print Name
C�-��. Adm�,,;
Title
ACKNOWLEDGMENT
State of ��,�5 z�� ..i2 � )
)Ss.
County of �� n�7 E. 1
On this 3� day of Y�e�k�,p�p p,r , , 2010 before me a Notary Public appeared
l�cev:� BI p� klo,..a ..� who did say that he/she is the Board President�C; (� ���„��
of C� i�� �� �..�-c ; a G to me personally known (or proved to me on the basis of
satisfac ory evidence) to be the person(s) described in and who executed the foregoing
instrument, and acknowledged that he/she executed the same as hislher free act and deed.
IN TESTIMONY W HEREOF, I have hereunto set my hand and affixed my o�cial seal the day
and year aforesaid. �
My Commission Expires 3- S - �-D l/ Notary Publ�e=' ���ti� �
��� �. �.� ����
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" NOTAFY SEAL "
Robin L. Littrell, Notary Public
Ray County, State of Missouri
My Commission Expires 3/3/2011
Commission Number 07390831
Storms # 482354 Initiator GW validated by DW
1333 N.E. Barry Road Tel: 816-468-5858
Kansas CHy, Missouri 64155 �. . Fax: 816-468-6651
www.kveng.com E-mail: KC@kveng.com
KAW VALLEY ENGINEERING, INC.
January 6, 2011
B10S1837
Proposed 10' wide utility easement �� ������ Q \ o
Riverside Tower Site � 2
Riverside, Plafte County, Missouri °`°�
A 10 feet wide ship of land, being all that part of the Southeast Quarter of Section 5,
Township 50 North, Range 33 West, in Riverside, Platte County, Missouri, the centerline of said
strip of land being more particularly described as follows:
Cotnmencing from the Southeast comer of said Southeast Quarter; thence North
88 West along the South line of said Southeast Quarter, a distance of 467.44 feet; thence
North Ol °l l' 19" Bast, perpendiculaz to the last described course, a distance of 254.83 feet to a
point 5.00 feet East of the Easterly right-of-way line of NW. Tremopt Trafficway, as now
established, and the Point of Beginning of the centerline of said strip of land to be described
herein; thence Northerly on a curve to the right, having an in{tial tangent bearing of North
16°56' 16" East, a radius of 5511.58 feet, a cenhal angle of 0°39'03" and an arc distance of 62.59
feet to s point 5.00' South of the 5outherly line of a 5.00' wide utility easement recorded in Book
724 at Page 776 in the office of the Recorder of Deeds for said County and State, said point also
being 10.00 feet South of the Southerly right-of-way line of the Chicago, Burlington and Quincy
Railroad, as now established; thence 5outh 69°Ol'48" East along a line 5.00' South of and
parallel with the Southerly line o£said utility easement, a distance of 388.89 feet; thence South
0°30' S1" West a distance of 30.49 feet to the Point of Temiination of the centerline of said strip
of land. Said strip of land contains 4,820 square feet or 0.11 acre, more or less.
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14700 W. 1141h Terrace Lenexa, Kansas 66215 Tel: 913-894-5150 LX@kveng.com
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PROPOSED 10' WIDE UTILITY EASEMENT
� RIVERSIDE TOWER SITE - EXHIBIT SKETCH
u�ao resi Iuu � PROJ. i 810.51837
n � 1J33 N.E. BMRY ROAO �'� �' � pq7E: 1 1U71
SCALE: 1= 60 Kuasns arK MISSWRI "''t°'"
84155 r.0. eoK Iw� CAD BY: JAC
9�8-488-5858 R]IO M00.1N JAqfSW 8Y:
FA% 818-488-6651 '�� �jy'..Mp_ p 0.F.N. 183 7
KAW VALLEY CNb�NEERINO, INO. — CONSULTNO ENOINEER3 SHEET 1 OF 1