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Home My WebLink AboutR-2012-029 Easement Amendment for Horizons Sanitary Sewer Pump Station RESOLUTION NO. R-2012-029 A RESOLUTION APPROVING AND ACCEPTING AN ACCESS EASEMENT AMENDMENT IN CONNECTION WITH THE SANITARY SEWER PUMP STATION IN HORIZONS WHEREAS, the City of Riverside was the Beneficiary of an Access Easement filed of record in Book 1124 at Page 811 of the land records of Platte County, Missouri; and WHEREAS, it has been determined that such access should be relocated to another route in order to ensure the proper and orderly development of Riverside Horizons East First Plat; BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the City of Riverside hereby approves, accepts and ratifies the Access Easement Amendment in substantially the form attached hereto as Exhibit A, from the Industrial Development Authority of the City of Riverside, Missouri; FURTHER THAT the City of Riverside hereby approves, accepts and ratifies release of the Access Easement granted to the City by the Industrial Development Authority of the City of Riverside and filed of record in Book 1124 at Page 811 in the land records of Platte County, Missouri; FURTHER THAT the City Clerk or her designee is hereby authorized to file fully executed copies of the Access Easement Amendment 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 by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the.x /_�iay of February, 2012. ��j� t�%�-C/vtl`� % Mayor Kathleen L. Rose ATfEST: Appro s Form: � ��o�.�> Robin Littrell, City Clerk Na y omps , City Attorney � . '. 1'�` � _ � ' Recorded in Platte Counly, Missouri Recording Date/Time: 03/01/2012 at 09:17:34 AM , ,,,.,,,,,, Instr Number: 2012D02901 ,,��o o - Book: 1186 Page: 720 �� v ...... OF F �= Type: DE ESMT � ��' � `� + Pages: 4 =�� '¢: Fee: S33.00 S �� =_y�;-, ,r5o :� � I ��I�I�� I�� c°U",�" G!antor iNDUSTF3lAL DEVELOPMENT AUTHORITY OF... Gloria Boyer, ,ranlee: RIVERSIDE C!TY GI� Recorder of Deeds iReturn Recorded Document to: ✓ City o( Riverside Attn: Sarah Wagner 2950 NW Vivion Rd Riverside, MO 64150 Grantor: The Industrial Development Authority oi Ri�erside, MO 2950 NW Vivion Road, Riverside, MO 64150 Grantee: The City of Riverside, Missouri 2950 NW Vivion Road, Riverside, MO 64150 ACCESS EASEMENT AMENDMENT THIS AGREEMENT, made and entered into this ��ay of February, 2012, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, "Grantor", and the City of Riverside, Missouri, a fourth class city of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, "Grantee". �� _ WHEREAS, on or about the 12� day of June, 2008, the Grantor established an Access � Easement in favor of Grantee to secure vehicular access to a sanitary sewer pump station, c � which Access Easement was filed of record in Book 1124 at Page 811 in the land records of G � Platte County, Missouri; and '�� c WHEREAS, the City of Riverside owns said sanitary sewer pump station and as of the � —_.! date of this amendment has not transferred ownership of such pump station to a third party; and N O WHEREAS, in order to accommodate special needs of Grantor, the Grantor and Grantee desire to amend the location, but not the terms, of said Access Easement and mutually agree to the new location set forth herein prior to the transfer of ownership of such pump station to a third party; ! WITNESSETH, that the Grantee, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it paid by the Grantor, the receipt and sufficiency of which is hereby acknowledged, does by these presents release any and all interest it may have in the Access Easement filed of record in Book 1124 at Page 811 of the land records of Platte County, Missouri; and � } 5 WITNESSETH FURTHER that the Grantor, in consideration of the sum of One Dollar ($1.�0) and other good and valuable consideration to it paid by the Grantor, the receipt and sufficiency of which is hereby acknowledged, does by the presents further grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a non-exclusive Access Easement in common with the Grantor and others entitled to use the same for ingress, egress and regress over and upon the below described property ("Easement Property") to provide for vehicular, (including machinery and equipment) and pedestrian travel to and from the Grantee's property upon which a pump station is to be built, on, over, along and across, the described lots, tracts, or parcels of land lying, being and situated in the County of Platte, and the State of Missouri, to-wit: See Exhibit A, attached hereto. THIS ACCESS EASEMENT shall cease and terminate ninety (90) days after Grantee and the operator of the pump station are given permanent access rights similar to those granted hereunder to a fuily constructed permanent roadway which services and provides access to the property upon which the pump station is built. This Access Easement is for access only and is not to be used as a utility easement and accordingly, no items, including but not limited to, public utility (ines, meters, pipes, poles, transformers, or vaults shal! be placed on the Easement Property without prior consent and agreement of the Grantor. It is acknowledged that Grantee intends to assign its rights hereunder to the operator of the pump station. GRANTOR states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. 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, unless amended, in writing, by the parties hereto. TO NAVE AND TO HOLD THE SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, a fourth class city of the State of Missouri, and to its successors and assigns forever. IN WlTNESS WHEREOF, the said Grantor and Grantee have both hereunto set their �° � hands this \3'�' day �x � � , 2012. --- �,... THE INDUSTRIAL DEVELOPMENT G ' —�, AUTHQ&!TY OF THE CITY OF RIVERSIbE, �-' MISS�URI � � ' �e � r B :��,� , ►�, Pamela J. D ata, resident ATT�,ST: I � � ��✓ arah Wagner, As . Secre CITY OF RIVERSIDE, MISSOURI ("GRANTEE") By �� vC��'�(/�.� - � Kathleen L. Rose, Mayor � p ATTEST: . _ .. ` ��c.n 't-t`'t/�c _-Y-l� _ Robin Littrell, City Cl�rk STATE OF MISSOURI ) )SS COUNTY OF PLATTE ) ON THIS �� day of �� ;,{_s�, , 2012 before me appeared Pamela J. Darata, to me personally known, and GvFio, being by me duly sworn, did say that she is President of the Industrial Development Authority of the City of Riverside, a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that the instrument was signed and sealed in behalf of said corporation by authority duly conferred upon her by its Board of Directors and Pamela J. Darata acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Platte County, Missouri, the day and year last above written. .� �� r � ` ��114 111111 111! / � / Notary Public .�`�� P� •"�'y'p•G'�F ', `�` `' �a,:,? . . � My term expires �,c,�c,�r•hec_! � �U�� 'Commiaeion # 11277184 = Platte County = �' �� ?O�ar Sea\'�N\ `\� .�.'�., 9r • Y, . �J \ �.��h co �� sBJ O O nEzpires�� , �� r-.' STATE OF MISSOURI ) - - ) SS ` COUNTY OF PLATTE ) c , G� ON THIS �� day of �tE�Uc�rt.\ , 20'!2, before me, personally � c; appeared the honorable Kathleen L. Rose me personally known, who being by me duly �� sworn, did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, `; and that said instrument was signed on behalf of said City of Riverside, Missouri by authority of N its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and -- deed of said City of Riverside, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seai at my office in �2� County, the day and year last ahove written. ,�» ��iuniw C_' \,\` `�� P N . WA(�, ^+< c�'� .. . " ,� F�, a�y ��++..,. � ,. `' : a� b �'c'•. Notary Pubiic �� = platte County _ My term expires �c�,�l�,c�.�jeL \� �t��j % s�:•�tio S@a\�J� .� �� l e , % qTF O M�S o �� S aio�n + Eap� g511;, , 1 , ` . EXHI8IT A Legal Description Access Easement Amendment All that part of the South haif of Section 5, and ail that part of the North half of Fractional Section 8, all lying in Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: COMMENCING at the Southwest corner of the Southwest Quarter of Section 5, Township 50 North, Range 33 West; thence North 0 degrees 28 minutes 55 seconds East along the West line of the Southwest Quarter of said Section 5 a distance of 471.96 feet to a point; thence South 89 degrees 31 minutes 05 seconds East a distance of 424.95 feet to a point on the East right of way line of Van De Populiere Road, the POINT OF BEGINNING; thence North 10 degrees 54 minutes 26 seconds West along the East right of way line of Van De Populiere Road a distance of 101.67 feet to a point; thence North 0 degrees 24 minutes 10 seconds East along the East right of way line of Van De Populiere Road a distance of 16.31 feet to a point; thence South $9 degrees 35 minutes 34 seconds East a distance of 103.66 feet to a point; thence South 85 degrees 54 minutes 52 seconds West a distance of 124.70 feet to a point; thence South 89 degrees 35 minutes 34 seco�ds East a distance of 318.1 D feet to a point; thence in a Southeasterly direction along a curve to the right, having a radius of 414.00 feet, through a central angle of 21 degrees 30 minutes 29 seconds, an arc distance of 155.41 feet to a point; thence South 68 degrees 05 minutes 05 seconds East a distance of 2335.61 feet to a point; thence North 21 degrees 54 minutes 55 seconds East a distance of 670.84 feet to a point; thence South 68 degrees 05 minutes 05 seconds East a distance of 100.00 feet to a point; thence South 21 degrees 54 minutes 54 seconds West a distance of 770.84 feet to a point; thence North 68 degrees 05 minutes 05 seconds West a distance of 2435.61 feet to a point; thence in a Northwesterly direction along a curve to the left, having a radius of 314.00 feet, through a central angle of 21 degrees 30 minutes 29 seconds, an arc distance of 117.87 feet to a point; thence North 89 degrees 35 minutes 34 �`? seconds West a distance of 318.10 feet to a point; thence South 86 degrees 43 minutes 44 �_n seconds West a distance of 124,7� feet to a point; thence North 89 degrees 35 minutes 34 --- seconds West a distance of 83.71 feet to the POINT OF BEGINNING and containing 380,588 c�� Square Feet or 8.737 Acres, more or less. 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