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HomeMy WebLinkAboutR-2011-093 Agreement with Platte County Northwood Road RESOLUTION NO. R-2011-093 A RESOLUTION APPROVING AN AGREEMENT WITH PLATTE COUNTY FOR DEDICATION OF RIGHT OF WAY FOR THE NORTHWOOD ROAD PROJECT AND ACCEPTING, APPROVING AND RATIFYING A RIGHT OF WAY DEED, TEMPORARY CONSTRUCTION EASEMENT, AND UTILITY EASEMENT IN CONNECTION THEREWITH BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen ("Board") hereby approves, accepts and ratifies the Right of Way Purchase Contract, Right of Way Deed, Temporary Construction Easement and Utility Easement, in substantially the form attached hereto as Exhibits A, B, C and D, respectively, from Platte County, Missouri; FURTHER THAT the Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED b the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the S- day of November, 2011. Gi�GC�QQ��/1 ' � „ Mayor Kathleen L. Rose ATTEST' -= �/�2�� Robin Littrell, Cdy Clerk Approved as to Form: / c Thom son, City torney CITY OF i.;: � � Upstrenm (rom ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: October 25, 201 I AGENDA DATE: November I, 201 I TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Northwood Road Easement — Platte County BACKGROUND: Platte County has agreed to provide the City with a general warranty deed to acquire right of way for the Northwood Road improvemenu along with a temporary construction and utility easement necessary to complete the project. Do not hesitate to contact me if you have any questions regarding easement acquisitions for this project. RECOMMENDATION: Staff recommends approval of the resolution accepting the conveyances. BUDGETARY IMPACT: The right of way was donated by the property owner. • * - ,eq. * PLATTE COUNTY COMMISSION _ KATHY A. DUSENBERY JASON BROWN JIM PLUNKETT ! - I ST DISTRICT COMMISSIONER PRESIDING COMMISSIONER 2ND DISTRICT COMMISSIONER ? `:`_ E COU7 COURT ORDER: 2012 - CO - Department: Parks and Recreation Prepared by: Noel Challis Court Order Title: Northwood Road Right-nf-Way Deed and Easements Description / Background / Rationale: The City of Riverside is improving the safety of the intersection at Northwood Road and 52nd Street by adding a round -a -bout. They are also modifying the road grades to improve visibility by increasing site lines. The County is agreeing to transfer right -of -way and easements to the City of Riverside in exchange for the following items from the City: 1) Future consideration regarding partnerships between the City and County for park and trail development. 2) Construction of a new park entrance driveway with access off Northwood Road. 3) Site security and fencing equal to that which existed on the site prior to construction activities. 4) Restoration of the land following construction activities. Budget Impact: $0.00 APPROVED BY THE COUNTY COMMISSION OF PLATTE COUNTY, MISSOURI, ON THIS 30 DAY OF January , 2012 IL 0 ►d � Jas •T'rown Presiding Commissioner n athy A I u N s C : - COj� ATTEST '�`� ,� • se nb - - ''?zrrx''' 1st District - missioner a Joan Harms Jim P ? nkett County Clerk 2nd District Commissioner Court Order.pdf 415 Third Street, Suite 105 • Platte City, Missouri 64079 Platte County Clerk Revised 04 - - Phone: (816) 858 - 2232 • Fax: (816) 858 -3329 • www.co.platte.mo.us Page 1 of 1 OFFER TO PURCHASE • AND RIGHT -OF -WAY PURCHASE CONTRACT DEPARTMENT OF PUBLIC WORKS CITY OF RIVERSIDE This AGREEMENT made and entered into this g10 day of k I : ��} , 2012 by and between Platte County, Missouri, a County of the First Class, ( "Owner", whether one or more) and the City of Riverside, Missouri ( "City "). In consideration of the mutual promises and covenants herein contained, Owner hereby agrees to execute, and fumish to the City, any or all of the instruments listed below, upon, across, and under the real property identified as follows: Tract No. 17 on the Plans for Street Improvements, Northwood Road Upon delivery of properly executed right of way documents, City agrees to pay Owner, as full compensation for the interests taken, the following payment(s): 1. 11.650 sq. ft. Road Right of Way Donated 2. 2,207 sq. ft. Permanent Easement Donated 3. 35.384 sq. ft. Temporary Construction Easement Donated 4. Cost to cure damages Donated Total Amount $rinnated The Owner agrees to waive compensation in exchange for future considerations regarding park and trails development. The City agrees to extend an asphalt or concrete apron 15' x 28' and a 60' x 28' gravel driveway. The apron, drive and drainage pipe shall be constructed to the specifications shown in the "Plans for Street Improvements, Northwood Road" as signed and sealed by SKW, Inc. on behalf of the City of Riverside and as shown on the attached Exhibit D. The City further agrees to provide fencing and site security equal to that which existed on the site prior to project construction and of a quality and design approved by the Owner. During construction the City will provide temporary chain link fencing to restrict unauthorized vehicular access from the site. OWNE - : CITY: - Platte t ounty, t i teak , BY: JAS r =nor David Blackb • - -err PRESIDI ' COMMISSIONER City Administrator ATTEST: w4.4-••.aJ JOAN ARMS, COUNTY CLERK Project: Northwood Road City of Riverside, Missouri APP VED AS TO F ARM: at1`r ., ROBERT H. SHAW, COUNTY C• 0 .:, , s ; 0 % t s Tract No: 17 Address: 415 3rd Street, Suit= 11 ` Platte City, MO 640p/ ■ I I S C ® zi, hy UN' ' /r / � ` iit JC NW 56TH STREET 1 (2) - 6" HOPE PIPES L= 45' r 1 1i -..1.). t tet � e i i ' ti ! ti �! L ! � i v L • . I , I • •I •i • •I I •i.i i I •I 1 • K �� � tacit; �iVr � iir , rt a..i Y t v L �+ �L L ti ti ,_ ��� 1140 i -111 i .' i 1 1 Y *leer- i e sz ire " i"i4.Y l �1 i 1 1 '-a ��_". :0"O:0:. ' -01.-0:.-0:-. -il i -00............L..0 �� Y II■ 0 0 0 II^ 3 1 1 1- o I DRIVEWAY LAYOUT Z SCALE.' 1 =20' I I1 I C U J OB NO. 700336 -08 01 DATE: 7/28/11 1 BY: ALS �I EXHIBIT D II NORTHWOOD ROAD ACCESS FOR PLATTE MEADOWS PARK A NW 52ND STREET 0 o SHAFER, KLINE & WARREN, INC. \ j -« CIVIL ENGINEERS - LAND SURVEYORS \CI f �� TRAFFIC do TRANSPORTATION ENGINEERING GENERAL LAYOUT 1 /� � LAND PLANNING - LANDSCAPE ARCHITECTURE N. T.S. 11250 CORPORATE AVENUE, IFNEXA, KANSAS 68219 OFFICE: 913 -888 -7800 FAX: 913 -888 -7868 RIGHT -OF -WAY DEED KNOW ALL MEN BY THESE PRESENTS that on the 30 day of A.J , 2012, the undersigned, PLATTE COUNTY, MISSOURI, hereinafter referre to as "GRANTOR ", for and in consideration of the sum Ten Dollars ($10.00) and other valuable considerations, paid and delivered by Ci )1i'J ''41..e —, hereinafter ref rred to as "GRANTEE" Nailing Addre s of said GRANTEE is gS7lYi a Pi I 11I e att �1 a � ceipt of which is hereby acknowledged, hereby grants, bar ains, sells, cone s and confirms unto said GRANTEE, its successors and assigns, the following described tract and parcel of land lying, being and situated in the County of Platte, State of Missouri, more fully described as follows: SEE ATTACHED EXHIBIT "A" To have and to hold the premises aforesaid unto said GRANTEE, its successors and assigns, forever, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in any way appertaining. It is understood and agreed that the consideration herein stated shall be the full consideration due to GRANTOR from GRANTEE for the acquisition of the right -of -way conveyance. IN WITNESS WHEREOF, the undersigned has caused these presents to be signed and sealed as of the date set forth above. g ,, G S P'� 0 �TY, • ' SSOURI f0�� c By S & \ 't Pres' . ,_ ommissioner 1 �� 4��'fl' "te sel i f _ A 111,ST: ox County Clerk / STATE OF MISSOURI ) )ss. COUNTY OFPLA17h ) On this 319 day of , 2012, before me, the undersigned, a Notary Public, appeared Jason Brown, to be personally known, or proved to me on the basis of satisfactory evidence, who, being by me duly sworn, did say that he is the Presiding Commissioner of Platte County, Missouri, and that the seal affixed to the foregoing instrument was signed and sealed on behalf of the County, and that said Jason Brown acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by notarial seal the day and year last abov- ' 1 JOAN HARMS Seal Notary Public - Notary STATE OF MISSOUR -,�`! Platte County o A Public My Commission Expires De 22, 2014 . Mann # 10127371 co 2 EXHIBIT A Date: January 28, 2010 City / County: Kansas City / Platte Section: Northwest Quarter of Section 32, Township 51 North, Range 33 West General Area: Northwest Quadrant of 52nd Street and Northwood Road Specific Purpose: Permanent Right -of -Way, Owner of Record: Platte County, Missouri A tract of land in the Southeast Quarter of the Northwest Quarter of Section 32, Township 51 North, Range 33 West in Kansas City, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Northwest Quarter of said Section 32; thence North 89 degrees 23 minutes 11 seconds West along the South line of said Quarter, Quarter Section, a distance of 526 feet; thence North 00 degrees 31 minutes 17 seconds East along a line parallel with the East line of said Quarter, Quarter Section, a distance of 30 feet to a point on the North right -of -way line of NW. 52nd Street, as now established and the Point of Beginning of the tract of land to be herein described, thence South 89 degrees 23 minutes 11 seconds East along the North right -of -way line of said NW. 52nd Street, a distance of 506 feet to a point on the West right -of -way line of Northwood Road, as now established; thence North 00 degrees 31 minutes 17 seconds East along the West right -of -way line of said Northwood Road, a distance of 152.83 feet; thence South 29 degrees 32 minutes 23 seconds West, departing from said West right -of -way line, a distance of 110.21 feet; thence South 55 degrees 32 minutes 02 seconds West, 80.69 feet to a point 40 feet North of the South line of said Quarter, Quarter Section, as measured perpendicular to the South line thereof; thence North 89 degrees 23 minutes 11 seconds West along a line 40 feet North of and parallel with the South line of said Quarter, Quarter Section, a distance of 386.43; thence South 00 degrees 31 minutes 17 seconds West along a line parallel with the East line of said Quarter, Quarter Section, a distance of 10 feet to the Point of Beginning. Containing 11,650 square feet or 0.267 acres, more or less. S:\Dwgs \700336- 080\Descriptions\ 17 -PRO W.doc EXHIBIT A A ®ewes to in ( a ocoo till - ,, . � h bs 0 O v - gi th - • -. - O �Q ^1 H ' Si ASS l it fls _r .nomm O Z �+ • mo cr. Z g-gr n e a 23 S F31 ( , a Z 2 r ♦ y rh o x 2�v - 1 O •••• cn m ig V 1 cm 4 o �� �•� ♦ , z - • tb z b 'I • � ���0 A y � � 41 c o ZI ' c cn ID 9,o cn ' ► +404 a`i 3 3 0, cy 4 ti a c. m N�PJ CO • •.• W •P O @ -n rrf Ctin" t .♦4 , to N� 4 N y O m∎ 1" ao \ a � 4 ' o - 0s,e '• w � R B ■ o �i _ R n o w ;o NORTHW00D ROAD Existing West R/W Li N g ti of Northwood Rood ci C7 t I p a _ 0 s Y Project Name: Northwood Road Tract No. 17 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made and entered into this 3i day of GAL), 2012 is by and between Platte County, Missouri a County of the First Class, having an address of 415 3 Street, Suite 115, Platte City, Missouri 64079, hereinafter called GRANTOR, for and in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable considerations, the receipt and sufficiency of which hereby acknowledged, does hereby grant, bargain, sell, convey, and confirm unto the CITY OF RIVERSIDE, MISSOURI, a fourth class city of the State of Missouri, having an address of 2950 N.W. Vivion Road, Riverside, Missouri 64150, hereinafter called GRANTEE, a Temporary Construction Easement for use in the establishment, building and construction of public streets, alleys, roadways and thoroughfares (together with all necessary appurtenances thereto) and widening, re- establishment, reconstruction, and repair of existing streets, alleys, thoroughfares, and roadways; the construction, reconstruction and repair of sanitary sewer lines, forcemains, water lines, storm sewers, drainage ditches, and other drainage improvements, waterways, and other municipal projects (together with all necessary appurtenances thereto); on, over, under, and across the following described land in the County of Platte, and the State of Missouri, to -wit: See Attached Exhibit "B" THE TRACT DESCRIBED ABOVE CONTAINS 35,384 SQUARE FEET OR 0.812 ACRES, MORE OR LESS. GRANTEE, its employees and duly authorized agents, contractors and their employees shall have the right to enter upon above described land at any and all times to construct, build, repair, survey; operate and store machinery and equipment; establish, alter and change grade and contour of the land; remove trees, brush, shrubbery, bushes, permanent structures and personal property including fences; and to use land for all reasonable purposes during the construction period of the project known as "Northwood Road Street Improvements" to be completed by November 2012, and for ninety (90) days thereafter, at which time all rights of GRANTEE herein conveyed in above described land shall terminate and cease. GRANTEE, agrees that it will restore, replace, relocate, and repair all existing permanent improvements located within the easement area, which are damaged or temporarily removed during the course of construction. Such replacements shall include driveways, sidewalks, steps, fences, and utility installations, and GRANTEE shall grade, seed, and restore yard areas damaged by said construction work. Such restoration and replacement shall be at the sole expense of the GRANTEE, and shall be of substantially equal value to existing improvements. However, this commitment shall not be construed to require additional compensation for items herein designated for permanent removal. The GRANTEE will relocate the GRANTOR'S maintenance entrance gate that is currently located at the northwest corner of the 52 Street and Northwood Road intersection to a mutually agreed upon location further north along Northwood Road. The GRANTEE will confirm proper vehicular site distances for the new entrance. The GRANTEE will install a paved road apron and gravel entrance road of 28 -feet wide at the relocated entrance as shown on Exhibit D attached to the "Offer to Purchase and Right of Way Contract." The GRANTEE will add new fence of the same quality and style as the existing chain Zink fence to property boundaries where access is created by the GRANTEE's removal of the trees, shrubs and fence that were installed prior to the GRANTEE's access of the site. The GRANTEE will ensure that any new fence installed will meet with remaining trees and shrubs and /or existing fence to again create an access barrier. The GRANTEE also agrees to install temporary chain link fence during site construction to limit vehicular access to the site. The GRANTEE will coordinate with local utility companies to install utility poles located at the entrance to permit proper height clearance for above ground utility lines and clearance for vehicular access, and the GRANTEE certifies that no permits are required for crossing utility easements at the relocated entrance. GRANTOR herewith acknowledges receipt of a good and sufficient consideration to compensate for any and all damage suffered or to be suffered or sustained by .them as a result of removal of trees, shrubs and other permanent improvements on the easement herein described, other than those to be replaced, if any, as herein provided, together with any and all damages suffered or to be suffered or sustained by GRANTOR as a result of the relocation, construction, or maintenance of the facilities to be built by GRANTEE and any and all other damage suffered or to be suffered or sustained by GRANTOR as a result of the use of this easement by GRANTEE or its contractors, employees and agents. IN TNESS WHEREOF, the said GRANTOR, has hereunto set his hand this 30 day of 3 , 2012. ,,,,,,,., . ,aOv.FtCIt� PLA rik � S j � ' ! S as ∎ Oa r 7 ii ., BY: JA `7 BROWN, IDING COMMISSIONER �,� }� ATTEST: , / S ' C HARMS, ( / ARM / MS, COUNTY CLERK APP VEDAS TO FORM: ROBERT H. SHAW, COUNTY COUNSELOR /� ACKNOWLEDGMENT STATE OF - MAO COUNTY OF - ON THIS ?V day of 012, before me, a Notary Public, personally appeared: Jason Brown , a Presiding Commissioner and proved to me on the basis of satisfactory evidence that he is the person executing the above instrument, and acknowledged that he executed the same for the purposes stated therein and no other and said person acknowledged said instrument to be his free act and deed. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. 11 4 o —r I tary Public Signature JOAN HARMS `- R u H ms's Notary Public-Notary Seal Printed or Typed Name STATE OF MISSOURI Platte County My Commission Expires: MKSeal ission Expires Dec. 22, 2014 Cbmmiaslon # 10127371 1 Z - LZ - I EXHIBIT B Date: January 28, 2010 City / County: Kansas City / Platte Section: Northwest Quarter of Section 32, Township 51 North, Range 33 West General Area: Northwest Quadrant of 52nd Street and Northwood Road Specific Purpose: Temp. Construction Esmt., Owner of Record: Platte County, Missouri A tract of land in the Southeast Quarter of the Northwest Quarter of Section 32, Township 51 North, Range 33 West in Kansas City, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter of the Northwest Quarter of said Section 32; thence North 89 degrees 23 minutes 11 seconds West along the South line of said Quarter, Quarter Section, a distance of 526 feet; thence North 00 degrees 31 minutes 17 seconds East along a line parallel with the East line of said Quarter, Quarter Section, a distance of 30 feet to a point on the North right -of -way line of NW. 52nd Street, as now established and the Point of Beginning of the tract of land to be herein described; thence continuing North 00 degrees 31 minutes 17 seconds East along the last described line, a distance of 65.01 feet; thence North 72 degrees 53 minutes 45 seconds East, 140.89 feet; thence South 89 degrees 09 minutes 32 seconds East, 99.38 feet; thence South 69 degrees 29 minutes 36 seconds East, 130.89 feet; thence North 74 degrees 13 minutes 15 seconds East, 90.23 feet; thence North 21 degrees.49 minutes 39 seconds East, 108.53 feet, thence South 88 degrees 45 minutes 34 seconds East, 23.31 feet to a point on the West right -of -way line of Northwood Road, as now established; thence South 00 degrees 31 minutes 17 seconds West along the West right -of -way line of said Northwood Road, a distance of 189.33 feet to a point on the North right -of -way line of said NW. 52nd Street; thence North 89 degrees 23 minutes 11 seconds West along the North right -of -way line of said NW. 52nd Street, a distance of 506 feet to the Point of Beginning. EXCEPT the following described tracts of land: A tract of land in the Southeast Quarter of the Northwest Quarter of Section 32, Township 51 North, Range 33 West in Kansas City, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Northwest Quarter of said Section 32; thence North 89 degrees 23 minutes 11 seconds West along the South line of said Quarter, Quarter Section, a distance of 526 feet; thence North 00 degrees 31 minutes 17 seconds East along a line parallel with the East line of said Quarter, Quarter Section, a distance of 30 feet to a point on the North right -of -way line of NW. 52nd Street, as now established and the Point of Beginning of the tract of land to be herein described; thence South 89 degrees 23 minutes 11 seconds East along the North right -of -way line of said NW. 52nd Street, a distance of 506 feet to a point on the West right -of -way line of Northwood Road, as now established; thence North 00 degrees 31 minutes 17 seconds East along the West right -of -way line of said Northwood Road, a distance of 152.83 feet; thence South 29 degrees 32 minutes 23 seconds West, departing from said West right -of -way line, a distance of 110.21 feet; thence South 55 degrees 32 minutes 02 seconds West, 80.69 feet to a point 40 feet North of the South line of said Quarter, Quarter Section, as measured perpendicular to the South line thereof; thence North 89 degrees 23 minutes 11 seconds West along a line 40 feet North of and parallel with the South line of said Quarter, Quarter Section, a distance of 386.43; thence South 00 degrees 31 minutes 17 seconds West along a line parallel with the East line of said Quarter, Quarter Section, a distance of 10 feet to the Point of Beginning. EXCEPT the following described tract of land: A 10 feet wide strip of land, all in that part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 51 North, Range 33 West in Kansas City, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Northwest Quarter of said Section 32; thence North 89 degrees 23 minutes 11 seconds West along the South line of said Quarter, Quarter Section, a distance of 526 feet; thence North 00 degrees 31 minutes 17 seconds East along a line parallel with the East line of said Quarter, Quarter Section, a distance of 30 feet to a point on the North right -of -way line of NW. 52nd Street, as now established; thence South 89 degrees 23 minutes 11 seconds East along the North right -of -way line of said NW. 52nd Street, a distance of 506 feet to a point on the West right -of -way line of Northwood Road, as now established; thence North 00 degrees 31 minutes 17 seconds East along the West right -of -way line of said Northwood Road, a distance of 152.83 feet to the Point of Beginning of said 10 feet wide strip of land to be herein described; thence South 29 degrees 32 minutes 23 seconds West, departing from said West right -of -way line, a distance of 110.21 feet; thence South 55 degrees 32 minutes 02 seconds West, 80.69 feet to a point 40 feet North of the South line of said Quarter, Quarter Section, as measured perpendicular to the South line thereof; thence North 34 degrees 27 minutes 58 seconds West, being perpendicular to the last described course, a distance of 10 feet; thence North 55 degrees 32 minutes 02 seconds East, being perpendicular to the last described course, a distance of 78.38 feet; thence North 29 degrees 32 minutes 23 seconds East, a distance of 105.31 feet; thence North 00 degrees 31 minutes 17 seconds East, a distance of 32.11 feet; thence South 89 degrees 28 minutes 43 seconds East, being perpendicular to the last described course, a distance of 10.00 feet to a point on the West right -of -way line of said Northwood Road; thence South 00 degrees 31 minutes 17 seconds West along the West right -of -way line of said Northwood Road, a distance of 34.70 feet to the Point of Beginning of said 10 feet wide strip of land. Containing a net area of 35,384 square feet or 0.812 acres, more or less. S:\Dwgs \700336- 080\Descriptions\ 17- TCE.doe EXHIBIT B A x©®960 g 0 S. I e NOe, o 1 y ( . rqA ICS" z w N N ct = t!1 0 ^+ ;.� G 2 1 0 0 ti W v= v 3 0 '0 1 r c { ( - 4 V 03 „ Ut U 4 x in / : - . 1 m �. tn in : � -- ,- a1 o j Xa tn • i CC mOm ° n \, C >����i \- -k ax V r1/4...... „, ,0s...,, \ ar .. z y 3 0 �� & a N N m � N r 8 . . N 4t,..7, N to "'le I♦ .�. _ to:, ti 3 i� � u y � a .44 y r� Q a f.� 7) X. ► 0. ❖s�� CO Ao a LI a a1 ► Co , ►�i� O e i >. y $ N \ to CtaS z b �► r t N 1PO�o.�O t) --. r w p � b cn °. o LA o ► t . � . . 4 'D 3 03 n N a to V Cr I s •.. m 4/<,/,:„ c., Co as m k rP _ r . \I ® q 11 o N ORTHWOOD 17 ROAD Existing West R%W Line" i o 7:, of Northwood Rood s to 1 M a _ ` v 1 O Q SPACE ABOVE FOR RECORDER'S USE ONLY DOCUMENT COVER SHEET TITLE OF DOCUMENT: UTILITY EASEMENT DATE OF DOCUMENT: ,,,,,,. . 2012. GRANTOR: Platte County, Missouri 415 3rd Street, Suite 115 Platte City, MO 64079 GRANTEE: City of Riverside 2950 N.W. Vivion Road Riverside, Missouri 64150. LEGAL DESCRIPTION: Page 5 &6 REFERENCE BOOK & PAGE: N/A RETURN RECORDED DOCUMENT TO: Sarah Wagner City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150. Project Name: Northwood Road Tract No. 17 UTILITY EASEMENT THIS EASEMENT, made and granted into this]0 day of Wyk) , 2012, from and by Platte County. Missouri , a County of the First Class, having an address of 415 3rd Street, Suite 115, Platte City. MO 64079 ( "GRANTOR "), to the CITY OF RIVERSIDE, MISSOURI, a fourth class city and political subdivision of the State of Missouri, having an address of 2950 N.W. Vivion Road, Riverside, Missouri 64150, its successors and assigns, ( "GRANTEE "). WITNESSETH, that the Grantor, in consideration of the sum of One and no /100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Utility Easement along, across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove utilities (including, but not limited to: sanitary sewer, water, telecommunications, fiber optic, electric, gas, telephone, and cable tv: and all necessary appurtenances thereto (the "Improvements ") over, under, through, across and upon the following described lands in Platte County, Missouri, to wit: See Exhibit C attached hereto and incorporated herein by reference. Subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the Improvements through the above described property and for all proper purposes connected with the installation, construction, patrolling, inspection, reconstruction, alteration, use, maintenance, operation, repair, replacement and removal of the Improvements. GRANTOR agrees not to obstruct or interfere with the installation, construction, patrolling, inspection, reconstruction, alteration, use, maintenance, operation, repair, replacement and removal of the Improvements and to not erect or cause or allow to be erected, any building or structure other than fences on said easement. GRANTEE shall restore the park property insofar as practicable to its original condition, after laying of said facilities, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, or other park amenities upon park property that are impacted by any subsequent maintenance or repair operations will be restored to original condition insofar as practicable. 2 THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor, has hereunto set hands this5o day of � itJ■2 , 2011 "GRA '1R ,, ,vic PLA E CO kik o f,: a. a * BY: JAS. ' OWN, PRE r " ' - ' : r 'r SIONER "d ta ? uC * ATTEST: .��,�i_°> .N ` JOAN HARMS, COUNTY CLERK co ',,,,, 1 � APP :. ED AS TO FOZM: � / & ►i / a: ROBERT H. SHAW, COUNTY COUNSELOR 3 ACKNOWLEDGMENT STATE OF / ! W ) � pq�q )ss. COUNTY OF 1 LZ.0 —c— On this 3 0 day of t30.4...-- , 2012, before me, a Notary Public in and for said County and State, came .AA ssn._. b r Q to me personally known to be the same person(s) who executed the foregoing instrument and duly acknowledge the execution of the same. IN WITNESS WHEREOF, I have hereunto ubscribed my hand and affixed my official seal the day and year last above written. War w`- S tary Public My commission expires ) Z — 2 Z — 19 JOAN HARMS Seal Nota ry �NIgig STATE OF Publi MISSOURI My Commf ExP re De 2014 Commission # 1012737 4 EXHIBIT C Date: January 13, 2010 City / County: Kansas City / Platte Section: Northwest Quarter of Section 32, Township 51 North, Range 33 West General Area: Northwest Quadrant of 52nd Street and Northwood Road Specific Purpose: Permanent Utility Easement, Owner of Record: Platte County, Missouri A 10 feet wide strip of land, all in that part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 51 North, Range 33 West in Kansas City, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Northwest Quarter of said Section 32; thence North 89 degrees 23 minutes 11 seconds West along the South line of said Quarter, Quarter Section, a distance of 526 feet; thence North 00 degrees 31 minutes 17 seconds East along a line parallel with the East line of said Quarter, Quarter Section, a distance of 30 feet to a point on the North right -of -way line of NW. 52nd Street, as now established; thence South 89 degrees 23 minutes 11 seconds East along the North right -of -way line of said NW. 52nd Street, a distance of 506 feet to a point on the West right -of -way line of Northwood Road, as now established; thence North 00 degrees 31 minutes 17 seconds East along the West right -of -way line of said Northwood Road, a distance of 152.83 feet to the Point of Beginning of said 10 feet wide strip of land to be herein described; thence South 29 degrees 32 minutes 23 seconds West, departing from said West right -of -way line, a distance of 110.21 feet; thence South 55 degrees 32 minutes 02 seconds West, 80.69 feet to a point 40 feet North of the South line of said Quarter, Quarter Section, as measured perpendicular to the South line thereof; thence North 34 degrees 27 minutes 58 seconds West, being perpendicular to the last described course, a distance of 10 feet; thence North 55 degrees 32 minutes 02 seconds East, being perpendicular to the last described course, a distance of 78.38 feet; thence North 29 degrees 32 minutes 23 seconds East, a distance of 105.31 feet; thence North 00 degrees 31 minutes 17 seconds East, a distance of 32.11 feet; thence South 89 degrees 28 minutes 43 seconds East, being perpendicular to the last described course, a distance of 10.00 feet to a point on the West right -of -way line of said Northwood Road; thence South 00 degrees 31 minutes 17 seconds West along the West right -of -way line of said Northwood Road, a distance of 34.70 feet to the Point of Beginning of said 10 feet wide strip of land. Containing 2,207 square feet or 0.051 acres, more or less. S:\Dwgs \700336- 080 \dwg \Utility Esmts\Descriptions \17 - UE.doc EXHIBIT C 7 IM ,1 II r -. ‘)Pb4 O ,..: ..._ _;.Imo. f =_ o k3$ 1 . 1 & s e.°""1 cri a�` 1 i g � gZ i 10 S I pe trj °n H o g* b es r ~ nC in . I b ` A� "— ti = a I 2� In! �m Y I` i �I --i: S P � N A 1 n als � "IS 2 z Q A y� I N ' • ��� tit 4 14,..,.,,,,„,,,..r.-.... I b,�f C' D g 4 N ch i pi, B C� �O t W. NLa k I0 0 Ijr Q O ..s -., n 11 S., n> ret 00 C 7 2-N og � rnI "mac <t. N� V co W t+7 X91 �7'\ ° � ' .+ o p, C IO h O4 Z Co W N p tx71 ar wo tP �j N� I S O .h7 f � �O9 ? ?J. a �w r- Arn I5 _ DDD 152.8 - o y NORTHWOOD ROAD N0031 Y7 E la S ; POINT OF 0 1 BEGINNING O N �c; II -� I 500 34.70' , SZ --i EAST LINE OF NW 1/4 ZS SEC. 32- T51N -R33W o EXIS7INC WEST R/W LINE OF NOR7HW00D ROAD v