HomeMy WebLinkAboutR-2011-099 Easements for 41st Street RESOLUTION NO. R-2011-099
A RESOLUTION ACCEPTING EASEMENTS IN CONNECTION WITH THE 41 STREET PROJECT
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 temporary
construction easement and permanent drainage easement documents in substantially the form attached
hereto as Exhibit A, from JJJ Enterprises, LLC, authorizing the Mayor to execute such easement
document on behalf of the City, and authorizing payment therefor in the amount of Four Thousand Dollars
($4,000);
FURTHER THAT the City Clerk or her designee is hereby authorized to file fully executed copies of the
easement documents with the Platte County Recorder of Deeds office;
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 ��y of November, 2011.
�
� .
Mayor Kathleen L. Rose
ATTEST: Approved as to Form:
��.
Robin Littrell, City Clerk N T omp n, City Attorney
CITY OF
, �RIVER51�
�� MISSC7U
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: November 10, 201 I
AGENDA DATE: November 15, 201 I
TO: Mayor and Board of Aldermen
FROM: Mike Duffy, Community Development
RE: JJJ Properties Easements
BACKGROUND: This Resolution formally approves the acquisition of temporary and permanent
easements from JJJ Properties, LLC (Complete Home Concepts in connection
with the construction of the 41 Street project.) The property owner agreed to
the easements which were necessary for the relocation of a water line and the
placement of a stormwater culvert. The easements were held until completion
to determine the exact placement of the water line.
The property was appraised by Dillon & Witt, Inc. and the value of the entire
easement was set at $4,000.
�J ` .
�
� ,
,'
Recorded in Platte County, Missouri
Recording Date/Time: 01/05/2012 at 11:21:40 AM
Instr Number: 2012000166 ,��""""�-
```` �G OP pEH D p �� J
Book:1183 Page:993
Type: DE ESMT : ��`� �'_N3
Pages: 4 ' ' � • =
fee: $33.00 S = 9� ` ��o` ` `
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �°�� �-�°�N,�;����''
Grantor: JJJ ENTERPRISES Gloria Boyer,
Grantee: RIVERSIDE CITY OF Recorder at �eeds
DOCUMENT COVER SHEET
TITLE OF DOCiJMENT: Permanent Drainage Easement
DATE OF DOCUMENT: �c�-n �, 20 % �
GRANTOR: JJJ Enterprises
4380 Belgium Blvd.
Riverside, Missouri 64150 �
�
GRANTEE: City of 12ive�sidc Co
2950 NW Vivion Road W
Riverside, Missouri 64150 �—°—,
�
�
LEGAL DESCRIPTION: Page 3 w
RETURN RECORDED DOCUMENT TO:
City of Riverside
Sarah Wagner
2950 NW Vivion Road
Riverside, Missouri 64150
I
I ..
PERMANENT DRAINAGE EASEMENT
KNOW ALL MEN BY TI�SE PRESENTS: That JJJ Enterprise, ha�ing an address of 4380
Belgium Blvd., Riverside, Missouri 64150 ("GRANTOR"), in consideration of the sum of Ten
Dollars and no/100's ($10.00), and other valuable consideration. The receipt and sufficiency of which
is hereby acknowledged, herby grants, bargains, sells and conveys to the CITY OF 1t1VERSIDE,
MISSOURI. a fourth class city and political subdivision of the State of Missouri, having an address of
2950 NW Vivion Road, Riverside, Missouri 64150, its successors and assigns, ("GRANTEE"), a
permanent drainage easement for drainage and detention purposes including the right of construction,
reconstruction, maintenance, rebuilding, altering, removal, operation and repair of drainage ditches and
other drainage unprovements and all appurtenances incidental thereto (collectively, the "Drainage
Improvements") over, under and through the follawing said described tract of land laying, being
situated in the City of Riverside, Platte County, Missouri, ("Drainage Easement l�rea") to wit:
See Exhibit A attached hereto and incorporated herein by reference
Subject, however, to existing easements for public roads and highways,
public urilities, railroads and pipelines.
It being the intention of the Grantor and the Grantee diat the Grantor is hereby granting the uses
herein specified to the C�rantee without divesting the Grantor, and its successors or assigns, to ihe right
to use and enjoy the Drainage Easement Area; PROVIDED, HOWEVER, such use and enjoyment
shall not interfere with or endanger the construction, reconstruction, rebuilding, altering removal, �
operation, maintenance or repair of any Drainage Improvement. �
The Grantee, its agents, servants, employees and independent contractors, shall have the right �
but not the obligation to go upon the Drainage Easement Area, at any time and from time to time, to �,,�
excavate ar perform other operations and actions for the purposes set forth herein. �
c
c_7
This easement grants the Grantee the right but not the obligation to take any and all actions �O
allowed hereunder and no obligation shall be implied or inferred in any further manner for the Cnantee �
taking one or more actions allowed hereunder at one or more times. No action by the Grantee at any �
time or firom time to time sha11 obligate the Grantee to continue taking such action(s) in the future.
This Easement conveyance shall run with the land and shall be binding upon the Grantor and
his successors and assigns
This Easement shall be recorded in the recorder of deeds office for Platte County, Missouri.
The Grantor hereby represents and warrants that he has the authority and power to execute this
Easement.
, • The Grantor herby covenants that it is the owner of the Drainage Easement Area.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand this � day of
�A�� , 201�.
"GRAN'I'OR"
_�, - r
J terprise
i
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
On this 1 / � day of , H�� , 20� before me, a Notary Public in and for said County and
State, came S� �� �co�� i,�.> ;,�.i to me personally
known to the same person(s) who executed the foregoing instrument and duly acknowledge the
execution of the same.
IN WITNESS WI�REOF, I have hereunto subscribed my hand and affixed my official seal the and
year last above written.
�
/ � �
°< < —
Notary Public o0
w
My Commission Expires: Ctn c � (�/� c
ROBIN L. LITTRELL �
Natary Publlc-Notery Seal �A
State ol Misaourf, Ray County �O
Commission #� 11390631 (,,�
My Commisaion Explres Mar 8. 2015
i
•
,,
Exhibit A
PROJECT NAME: PERMANENT DRAINAGE EASEMENT - OFF-SITE
LOCATION: SE1/4, SECTION 6, TSON, R33W,
IN RIVERSIDE, PLATTE COUNTY, MISSOURI, AND
BEING PART OF LOT 2, PLAT OF' THE PARTITION
OF THE "ESTATE OF G�ORGE ROBERTS" - DECEASED
OWNER: J J J ENTERPRISES, LLC
PARCEL ID NO.: 23-3.0-06-000-000-094-000
TRACT NUMBER: PDE - OFF-SITE
DATE: JANUARY 18, 2011
OFF-SITE AT WEST S[DE OF EXlST1NG MATTOX ROAD
PERMANENT DRAINAGE EASEMENT DF.SCRIPTION
A TRACT OF LAND FOR PERMAIVENT EASEMENT PURPOSES BEING PART OF LOT 2, PLAT OF THE
PARTITION OF THE "ESTATE OF GEORGE ROBERTS" - DECEASED, A PLATTE COUNTY, M15SOURl
PROBATE COURT ORDERED PARTITION OF LAND AND BEING LOCATED IN THE SOUTHEAST
QUARTER OF 5ECT[ON 6, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN THE C]TY OF RIVERSIDE,
PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI
STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT TH� SOUTHEAST CORNtiR OF SAID SECTION 6, T50N, R33W, BE1NG A FOUND #6
IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;
THENCE N89°23'44"W ALONG THE SOUTH L1NE OF THE SOUTHEAST QUARTER OF SAID SECTION 6,
A D[STANCE OF 1584.16 FEET TO THE SOUTI IEAST CORNER OF SAID LOT 2, PLAT OF THE Q - j
PARTITION OF THE "ESTATE OF GEORGE ROBER7'S" - DECEASED; THENCE N00°16' 14°E ALONG THE �
EAST LINE OF SA[D LOT 2, A DISTANCE OF 1042.66 FEET; THENCE N89°43'46"W AI,ONG A LINE
THAT 15 PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE —'
WEST RIGHT-OF-WAY LINE OF MATTOX ROAD, AS ESTABLISHED BY DEDICATION OF STREET �
DOCUMENT NUMBER 13147, BOOK 472, PAGF 502, RECORDED ON OCTOBER 2, 1975 AT THE YLATTE w
COUNTY, MISSOURI RECORDER OF DEEDS OFF[CE 1N PLATTE C[TY, MISSOURI, ALSO BEING THE c�
POINT OF BEGINNING; THENCE N89°43'46"W, A DISTANCE OF 40.00 FEET; THENCE N00°16' 14"E, A O
DISTANCE OF 40.00 FEET; THENCE S89°43'46"E, A DISTANCE OF 40.00 FEF.T TO A POINT ON THE lD
WEST RIGHT-OF-WAY L1NE OF SAID MATTOX ROAD; THENCE S00°16' 14"W ALONG SAID WEST �D
R1GHT-OF-WAY LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. THE TRACT W
DESCRIBED ABOVE CONTAINS 1,600 SQUARG FGET OR 0.0367 ACRES, MORE OR LESS.
Page 3
j .
� ,
� ,
Recorded in Platte County, Missouri
Recording Date/Time: 01/05/2012 at 11:21:40 AM
Instr Number: 2012000167 ,���"""'��-.
Baok: 1183 Page 994 ,, pEA OF r
``�� GOQ'. �'�FF ;
Type: �E ESMT � Q � � = =
Pages: 4 ' � ' =
Fee: S33.�0 S i �, ,�o ;
I IIII I IIIIIIII IIII II II II II IIII I III II I I K� �����M,�,,�'�y�����
Grantor: JJJ ENTERPRISES Gloria Bayer,
Grantae: RIVERSIDE CITY OF Recorderof Deeds
nocumFrrr covEx sr�ET
TITLE OF DOCiTMENT: Utility Easement
DATE OF DOCUMENT: �c�.v� . ^�-I �� , 20LL
GRANTOR: JJJ Enterprises
4380 Belgium Blvd.
Riversidc, Missouri 64150
cn
x
GRANTEE: City of Riverside �
2950 NW Vivion Road q
Riverside, Missouri 64150 C�,.)
—t:�
�
G
LEGAL DESCRIPTION: Page 3 �
�
�
RETURN RECORDED DOCUMENT TO:
City of Riverside
Sarah Wagner
2950 NW Vivion Road
Riverside, Missouri 64150
UTILITY EASEMENT
THIS EASEMENT, made and granted into this �� � day of �TG°--r�- , 20 Ia-, from and
by JJJ Enterprise, having and address of 4380 Belgium Blvd., Riverside, Missouri 64150
("GRANTOR") or the CITY OF RIVERSIDE, MISSOURI, a forth class city and polirical
subdivision of the State of Missouri, having and address of 2950 NW Vivion Road, Riverside, Missouri
64150, its successors and assigns, ("GRANTEE").
WIT'NESSETH, that the Grantor, in consideration of the sum of Ten and no/100's Dollars
($10.00) and other good and valuable considerations to it paid by the Grantee, the receipt and
sufficiency of which herby acknowledges, does the present grant, bargain, sell, convey, and confirm
unto said Grantee, its successors and assigns, a Utility Easement over, 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 ut�lities (including, but not limited to: sanitary sewer, water,
telecommunications, fiber optic, electric, gas, telephone, and cable T`V: 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 A attached hereto and incorparated herein by reference
Subject, however, to eacisting easements for public roads and highways,
public utilities, railroads and pipelines.
c�a
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all x
of the Improvements through the above described property and for all proper purposes connected with _
the installation, construction, patrolling, inspection, reconstruction, alteration, use, maintenance, Co
operation, repair, replacement and removal of the Improvements. W
- r�
�
G12ANTOR agrees not to obstruct or interfere with the installation, construction, patrolling, �
inspecUon, reconshuction, alterations, use, maintenance, operation, repair, replacement and removal of �
the Improvements and to not erect ar cause of all�w to be erected, any building or structure other than �
fences on said easement. �
GRANTOR f�uther states that is lawfully seized of title of the land through which said
easement is �anted and that it has good and lawfW right to convey said easement to the Grantee
herein.
GRANTEE shall restore the ground insofar as practicable to is original condition, after laying
of said facilities, or any subsequent maintena�ice or repair operations. Grantee further agree that any
trees, shrubbery, fences, or growing crops dacnages during laying or maintenance operations, will be
restored to original condition insofar as practicable.
, THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing
covenant riuining with the land and shall be binding upon the successors and assigns of the Grantor.
TO HAVE t1ND HOLD SAME, together with all appurtenances and immunities thereunto
belonging or in any way appertainuig, unto the City of Riverside, and to its successors and assigns
forever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand this ��day of
�A n� , 20 ! J.
"GRANTOR"
_ _ j .. � _ _ ,
J Enterprise
STATE OI' MISSOURI )
) SS.
COUNTY OF PLATTE )
On this � day of �� 2�J�- before me, a Notary Public in and for said County and
State, came Jt �� (�,��� �.��, �� to me personally
known to the same person(s) who executed the foregoing inshwnent and duly acknowledge the o
execution of the same. —
IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed my official seal the and a
year last above written. -.�''`�
^ C:7
�/ ./ C]
�-'--�� � - n-�N � il e �� � �
Notary Public �
� � � �V ROBIN l. UTTRELL
My Commission Expires: � C,�.ti-�
� � Notary Public-Nolary S��I
State of Missouri, qay Counry
Commission � 11390631
My Commission Expiras Mar 8, 2015
,'
Exhibit A
PROJECT NAME: PERMANENT UTILITY EASEMENT - OFF-S1TE
LOCATION: SE1/4, SECTION 6, TSON, R33W,
IN RIVERSIDE, PLATTE COUNTY, M[SSOURI, AND
BEING PART OF LOT 2, PLAT OF' THE PARTITiON
OF THE "ESTATE OF GEORGE ROBCRTS" - DECEASED
OWNER: J 1 J ENTERPRISES, LLC
PARCEL ID NO.: 23-3.0-06-000-000-094-000
TRACT NUMBER: PUE & TCE - OFF-SITE
DATE: JANUARY ] 8, 2011
OFF-SITE AT WEST SIDE OF EXISTING MATTOX ROAD
PERMANENT UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
A TRACT OF LAND FOR PERMANENT EASEMENT AND TEMPORARY EASEMENT PURPOSES
BEING PART OF LOT 2, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS" -
DECEASED, A PLATTE COUNTY, MISSOURI PROBATE COURT ORDERED PARTITION OF LAND AND
BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6,'I'OWNSHIP 50 NORTH, RANGE 33
WEST, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS AR� REFERENCED TO
GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND
BEING MORE PART[CULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6, TSON, R33 W, BEING A FOUND #6
[RON BAR [N MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;
THENCE N89°23'44"W ALONG THE SOUTH I.,INF, OF THE SOUTHEAST QUARTLR OF SAID SECTION 6,
A DISTANCE OF 158416 FEET TO THE SOUTI fEAST CORNER OF SAID LOT 2, PLAT OF THE
PARTITION OF THE "ESTATE OF GEORGE ROBERTS" - DECEASED; THENCE N00° 16' 14"E ALONG THE �
EAST LINE OF SAID LOT 2, A D[STANCE OF 1042.66 FEET; THENCE N89°43'46"W ALONG A LINE
THAT IS PERPENDICULAR TO SA[D EAST LINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE _
WEST RIGHT-OF-WAY LINE OF MATTOX ROAD, A5 ESTABLISHED BY DEDICATION OF STREET �
DOCUMENT NUMBER 13147, BOOK 472, PAGE 502, RECORDED ON OCTOBCR 2, 1975 AT THE PLATTE W
COUNTY, MISSOURI RECORDER OF DEEDS OFFICE IN PLATTE CITY, MISSOURI, ALSO BE[NG THE -�
POINT OF BEGINNING; THENCE S00°16' 14"W ALONG SAID WEST R1GHT-OF-WAY LINE, A �
DISTANCE OF 40.00 FEET; THENCE N89°43'46"W, A DISTANCE OF 60.00 FEET; THGNC� N00° 16' 14"E, A �
DI51'ANCE OF 120.00 FEET; THENCE S89°43'46"E, A D(STANCE OF 60.00 FEET TO A POINT ON THF, �
WEST RIGIIT-OF-WAY LINE OF SAID MATTOX ROAD; THENCE S00°16' 14"W ALONG SAID WEST �
RIGHT-OF-WAY LINE, A DISTANCE OF 40.00 FEGT; THENCE N89°43'46"W, A DISTANCE OF 40.00 �
FEET; THENCE S00° 16' 14"W, A DISTANCE OF 40.00 FEET; THENCE S89°43'46"E, A DISTANCE OF 40.00 I
FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 5,600 SQUARE
FEET OR 0.1286 ACRES, MORE OR LESS.
Page 3
I