HomeMy WebLinkAbout2008-090 - Sanitary SewerBILL N0.2008-90
ORDINANCE N0.2008-90
AN ORDINANCE APPROVING THE GRANTING OF A PERMANENT
UTILITY EASEMENT FOR THE LAYING OF A SANITARY SEWER AND
RELATED IlVIPROVEMENTS; AND AUTHORIZING THE EXECUTION
AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO.
WHEREAS, the City owns certain property ("Property") located south or 9 Highway and
east of I-635 in Riverside;
WHEREAS, the City is constructing a lift station south of 9 Highway and west of I-63.5
and needs to acquire easements on portions of the Property in connection with such project;
WHEREAS, to insure that such easement is in effect if the City transfers the Property, the
City desires to grant an easement over the premises; a legal description is set forth in Exhibit E,;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR
THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1. The granting of the. easement in the premises is approved and the execution
and delivery of the Utility Easement ("Easement") in substantially the form attached as Exhibit
A with such changes as the Mayor shall agree, the execution of the Easement being conclusive:
proof of such agreement, the performance of City obligations under the Easement, and the
executions and delivery of all documents and the performance of all actions related thereto are
approved, authorized and directed.
SECTION 2. The Mayor and the City Clerk are authorized and directed to execute such
documents and take such actions as are necessary or desirable to effectuate the intent of this
Ordinance.
SECTION 3. This Ordinance shall be in full force and effect from and after its passage
and approval.
PASSED AND APPROVED THIS ND
~~ -bAY OF , 2008.
athleen L. Rose, Mayor
ATTEST•
( al)
Louise Rusick, City Clerk
EXHIBIT A
UTILITY EASEMENT
~_
THIS AGREEMENT, made and entered into this ~ day of July, 2008, by and between: the City
of Riverside, Missouri, a fourth class city 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.
WITNESSETH, that the Grantor, in consideration of the sum of One and no/100's Dollars ($1!~0),
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 Tinto
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 a permanent sanitary sewer, all necessary forcemains and all necessary
appurtenances thereto over, under, through, across and upon the following described lands in Platte
County, Missouri, to wit:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTIO\ 5,
TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY,
MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE
COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF
VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER
DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW
ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 300.90 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 15.00 FEET; THENCE S74°55'44"E, A DISTANCE OF 103.01 FEET;
THENCE S69°03'26"E, A DISTANCE OF 219.00 FEET; THENCE N20°56'34"E, A
DISTANCE OF 8.55 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED;
THENCE S69°03'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 15.00 FEET; THENCE S20°56'34"W, A DISTANCE OF 23.55 FEET; THENCE
N69°03'26"W, A DISTANCE OF 233.23 FEET; THENCE N74°55'44"W, A DISTANCE OF
102.08 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 5,171 SQUARE FEET OR 0.1187 ACRES,
MORE OR LESS.
AND
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUN"fY,
MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE
COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF
VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORI\ER
DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A-POINT ON T'HE
EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW
ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 253.73 FEET TO THE POINT OF BEGINNING; THETfCE
CONTINUING N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 22.34 FEET; THENCE S49°03'03"E, A DISTANCE OF 35.52 FEET;
THENCE S40°56'57"W, A DISTANCE OF 20.00 FEET; THENCE N49°03'03"W, A
DISTANCE OF 25.56 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 611 SQUARE FEET OR 0.0140 ACRES,
MORE OR LESS.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of
the sanitary sewer, all forcemains and other equipment through the above described property and for
all proper purposes connected with the installation, use, maintenance, and replacement of the
sanitary sewer and all forcemains (and other equipment).
GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and
forcemains, by erecting, or causing or allowing to be erected, any building or structure other than
fences on said easement.
GRANTOR further 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.
GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of
said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee
further agrees that any trees, shrubbery, fences, or growing crops damaged 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
mm~ing with the land and shall be binding upon the successors and assigns of the Grantor. This
grant and easement shall not be merged into the fee owned by Grantor but shall continue as an
easement burdening the land.
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.
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IN WITNESS WHEREOF, the said Grantor, has hereunto set hands this!`' day of July, 2008.
THE CITY OF RIVERSIDE, MISSOURI
thleen L. Rose, Mayor
_ [SEALS -
ATTES
By:+
ouise Rusick, City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
)SS
ON THIS ~`~day of July, 2008, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Kathleen L. Rose, to me personally known, who being; by
me duly sworn, did say that she is the Mayor of the City of Riverside, Missouri, and that the :;eal
affixed to the foregoing instrument is the seal of said City, and that said instrument was signed
and sealed in behalf of said City by authority of its Board of Aldermen, and said individual
acknowledged said instrument to be the free act and deed of said City.
WITNESS my hand and official seal in the County and State aforesaid, the day and year first above
written.
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