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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. _ � `\ _.__. ' � ' 1 c � a � � � ignature �Da� � � �l A�k I�,.�;,� 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� � ��� �. �.� ���� � " 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. .�`�� �F �/S�i� �'��,�•'"'�.�a �..m' •` . . , G � � : JO •;� . c N � 9 � 8E � %� .���50/9 2 ��±�: ' ,,i e-w , ` b I ��S�O�qrn���a+`�` � �� ��i����iANG\�< < o t h e r l o c a t i o n s 2319 N. lackzon, PO Box 1304 Junciion CHy, Kansas 66441 Tel: 785-762-5040 JC@kveng.com 14700 W. 1141h Terrace Lenexa, Kansas 66215 Tel: 913-894-5150 LX@kveng.com ������ p Z oFZ � op Nw np � R S.S�.S 81 � I �C � C< , 8 N 01'17'19" E 254.83' �� ; I m � r� '0 � � �6 = � ��z s a . c� �o'T II 2 :' Zo � SO I > �� s,o mZ 1y I I � �� ( A � � (Bk j2� �c � n � p w� I I } ,6 � � � A E N Z ro O �� � � � � � 2 � m � I I o �f O � � �' � a � ` F A � .� � v I I �� � �� ��� m � O=C � C A2 '� �, � � ��-i `` �����u���� 0 �/ � � � �i �..� 2 � ��,�C�o ..-...� ••.: �i , o �b �� t Am I I ��� .�.: N • o � I I � m p 50030'51"W ��S �,Y�.�pS61 2�24 � �rZ p(� . c o Z 3�.48� i��j�� qn�.H`����0` � o cn � I I ��i��Al � LPM� `/ cn � I I w• Keevxe �uem O / l�.E�ENp ?� � I I �� ��� PROPOSED EASEMENT wZ I / � � d 6. 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