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Home My WebLink AboutR-2012-068 Agreement JJJ Ent. for ROW and Temp Const. RESOLUTION NO. R-2012-068 A RESOLUTION APPROVING AN AGREEMENT WITH JJJ ENTERPRISES, LLC FOR DEDICATION OF RIGHT OF WAY FOR THE MATTOX ROAD PROJECT AND ACCEPTING AND RATIFYING A RIGHT OF WAY DEED AND TEMPORARY CONSTRUCTI�N EASEMENT IN CONNECTION THEREWITH WHEREAS, the Board of Aldermen find it to be a public purpose and in the best interest of the public to acquire certain property further described herein in connection with construction and maintenance of the Mattox Road Project; BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen hereby approves, accepts and ratifies the Right of Way Deed and Temporary Construction Easement, in substantially the forms attached hereto as Exhibits A and B from JJJ Enterprises, LLC; THAT compensation in the amount of Five Thousand Dollars ($5,000.00) for both the Right of Way Deed and the Temporary Construction Easement to JJJ Enterprises, LLC is hereby authorized and approved; 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 ��—�}ay of _�r� 2012. • . � - Ma or Kathleen L. Rose ATTEST: • c�+' \, � �`�'LP Robin Littreil, ity Clerk Approved s to Form: "� cy o pson, City Attorney % � ��: ' � Recorded in Platte County, Missouri Recording DatelTime: 05/31/2012 at 10:53:19 AM Instr Number: 2012007767 �'"""''-- ,��`'�ea of . Book: 1191 Page: 578 ; �'�,G°P'' ''°�"Fa = Type: DE R/W � 4 r ', ; Pages: 4 ; �: ; � : Fee: $33.00 S :y�� ,:�o : Ii� IIII I IIII II IIII II II IIIIIIIIIIIIIIII � =-�°�NTM.,�"��''�� Grantor: JJJ ENTERPRISES LLC Gloria Boyer, Grantee: RIVERSIDE CITY OF Recorder ol Deeds RGlGrn Recorded Document to: / City af Riverside �� Attn: Sarah Wagner 2950 NW Vivion Rd Riverside, MO 64150 RIGHT OF WAY DEED THIS INDEN'1'UIt�, made this _�,1{� day of , 2012, by and between: JJJ ENTF,RPRISES, LLC, whose address is 4380 N B ium Blvd., Riverside, Missouri 64150 GRANTOR, and the City of Riverside, Missouri, a issouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTEE. WI7TIESSETH, that tlie GRANTOR, in consideration of the sum of Ten Dollars ($1 o.00) and olher good and valuable consideration Co it paid by the GftANTEF,, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confinn unto GRANTEE, its successors and assigns, a Right of Way far the construction, improvement, reconstruction and maintenance of a right of way for public use as a street, roadway or thoroughfare, including but not limited to, the construction, maintenance and use of conduits, water, gas, sewer pipes, poles, wires, storm water drainage facilities, ducts, cables on, over, along, across, and under the follo�ving described tract of land situated in Platte County, Missouri, to-wit: See F,a�hibit A, attached GRANTOR further states that it is lawFully seized of title to the land through wlvch the Right of Way is granted and that is has good and lawful right to convey the Right of Way to the GRANTEE herein. THiS GRANT and right of way shall, at all times be deemed to be and shall be, a continuing covenant nu�ning �vith the land and shall be binding upon the successors and assigns of the GItANTOR. I -. , . �, .__ . � :. t. . . ... ,�;_. , , t , r. TO I-IAVE ANT� TO HOI.D 7�H1; SM�1F, to�,ether with all appurtenanccs and immnnities thereunto belonging or in any way appertaining, unto the GRANTEE a�td to its successors and assigns forever. IN WI'[TiESS WIII�REOF, dle said GRANTOR has hereunto set its hand Yhis .-�y -�` day of � � u.-� , 2012. ( CTRANTOR: - JJ ENTERPRISES, LLC �_ — �� Printed ame: � / � �' _��T !,�.� � , - - — � � ACKNOWLEDGCMGNT BV LIMITED LIAI3[LITY COMPANY S1'ATE OFMiSSOURI ) ) SS: couiv� oF -�t 1 p.-t� e) On this��-f�day of_ �� ti- �-� , 20] 2, before me appcared �� e{ r�onc� �; u.� to me personally known, who, being by me duly sworn, did say that he/she is/are the member/manager(s) of JJJ ENTTRPRISES, LLC , a Limited Liability Company of the State of Missouri, and lhe said instrwnent was signed in behalf of said Limited Liability Company by authorily of its Articles of Organization and/or its Operating Agreement; and said ��> ��cknowled�ed s�icl ins(rument to bc the free �ct and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, 1 have hereunto set my hand �i�d scal ! �w- ��C>� e : n � Notary Public My comrnission expires: ROBIN L. UTTHEII Nol�ry PubHc-Notary Saal SUU of Mistouri, Rey County '-� � Commiasion # 1139063i ��J?� My Commission Expires Mar 8. 2015 Q�Comnmoiry l�avzlnpmenP.Mattox Knad LxndVJ] N�rtih ROW Deed doc Z �: � �� j. �. °� �. F .3. �� _+ '"�r' J � . . ' • � � Nf. Cor., � tot J � �� N. Llne, Lot 3 � ' � 1"=36' � � I 0' i5' 30' 6Q� $89'44'46"E 20.Q0' � � SCALE IN FEET I p Aree; 3,8J6 Square feet N) �'.^�� vr O.OBB Acres f � ^� �� I p O I,ot s � ,�� .� � � ,� ei �l ip ��3 �� o E �,�s �� q � �; � � .��° z� � Parcet # 2J-3.0—Q6—�00-000-11U-000 � � No Site Address ' Owner, JJJ Enferprlses 4380 Bofgium Baulevard I � Riversrde, Missovri 64150 � W, R/F'I Llne, � Mottox ftoad � N33'58'41 "E 33,25' N89'27'43"W 38.44' �y� I S, L1ne, l.ot 3 �` __ _. .-.m <°-_.- ----��.� � Potnt of Beglrining � SE. Cor., Lot 3 N0075'59"E 1459.42'� �3rd Street R/W Polnt of Corr�meRCln�q sE, cor., s�, �/4, SW. Cor., SE. i/4, Sec. , T50N, R33W ` Sec. 6, T50N, R33W _ _ _ S89 23'51 ° E 1004.93' S. Line, SE. 1/4, Sec. 6, TSpN, R33W 2708.48' PAOJECTN4: 009•1832H 7sa�wu�+axesveee EXHIBIT oRnwwBY: �a�ns Right o# W�y EXhibit �QLSSON �^°P°* DATE: 01l18/12 REV. 3•19-12 A S 5 O C I A T B B FA% 91381.1 iT-0 3 I E:c��• Ir 1 Y 9 1 F'.3. �� 5 r s3 . • . � . .� . . Fite No. 2009-1632H Mattax Road January 19, 2012 Revised March 19, 2012 EXH3 Right of Way� JJJ Enterprisas All that part of Lot 3, Belgian Bottoms Business Park Lots 1-3, a subdivision in the Southeast Quarter of Section 6, Township 50 North, Range 33 West, ln tha City of Riverside, Platte County, Missouri, described as follows; COMtvIENCING at the Southwest corner of the Southeast Quarter of Section 6, Township 50 North, Range 33 West; thence South 89 degrees 23 minutes 51 seconds East along the 5outh line of the Sautheast Quarter of said Section 6 a distance of 100h93 feet to a point on the Southeriy prolongation of the West right of way lina of Mattox Road; #hence North 0 degrees 15 minutes 59 seconds East along the Wesl riglrt af way line of MAttox Road and its prolongation a distance of 1459.42 feet to fhe Southeast comer af Lot 3, Belgian Bottoms �usiness Park T,ots 1-3, the POINT OF BLGINNINC; thence North 89 degrees 27 minutes 43 seconds West a distance o€ 38,44 feet to a point; thence North 33 degrees 56 minutes 41 seconds East a distance a£33,25 feet to a point; thence North 0 degrees 1S minutes 59 secands East a distence of 151,23 feet to a point on the North line of said Lot 3; thence Soutl� 89 degrees 4A minutas 46 seconds East aloug the North line of said Lot 3 a distance of 2Q.00 feet to the Northeast cc�rner thereof, said point also lying on the West right of way linc af Mattox Road; ihence South 0 degrces 15 minutes 59 seconds West along the West right of way line of Mattox Road a distance of 179.08 feet to the POTNT OF BEGTNNING and couiaining 3,83G SquareFeet or 0.088 Acres, more or teas. i i i I - ��.., .� . � 1�, Recarded in Platte County, Missouri r � Recording DatelTime: 05/31/2012 at 10:53:19 AM Instr Number, 201200777U '"""'"''' \ `, �GO P pER OF �� ± Book:1191 Page:581 _ Type: DE ESMT ` ¢� .`: = Pages: 4 ,/ = � ; : s = Fee: S33.OD S K � _ ` y y o : I.IIIIIIIII IIIIII IIIIIIIIIIIIII IIII � 1 �p..� � c. ', UNu"+' 1 �� Grantor JJJ ENTERPRISES LLC Gloria Boyer, Grantee: RIVERSIDE CITY OF Recorder ol Deeds Ret rn Recorded Oocument to: City of Riverside Attn: Sarah Wagner 2950 NW Vivion Rd Riverside, MO fi4150 TEMPORARY CONSTRUCT�ON EASEMENT THIS 1NUENTURE, made this � day of '� c�..v , 2012, by and between: JJJ ENTERPRISES, LLC whose address is 4380 N W Belgium Ivd., Riverside, Missouri 64150, GRANTOR, and the CiTY OF RIVEKSIDE, MiSSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTEE. WITNESSETH, that the GRANTOR, in consideration of thc sum of Ten Dollars ($] 0.00) II and other good and valuable consideration to it paid by the GRANTEE, the receipt and sutficiency of which is hereby acl�r►owledged, does by thesc presents grant and convcy unto GRANTEE, its successors and assigns, a lemporary construction easement in connection with lhe MATTOX ROAD CONSTRUCTION PROJECT over, upon, and across the following described tracts of land situated in Riverside, Platte County, Missouri, to wit: See F,xhibit A, attached Said temparary construction easement shall terminate two (2) years from the date first above written. Such easement includes the right to survey, construct, mainlain, repair, store and remove equipment and supplies, and erecl and remove temparary structures on the ]and and lo perform any other work necessary and incidcnt to the street improvements, including the right to trim, cut, fell and remove [herefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the easement, together ��ith the right to remove or relocate conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, or cables; resen�ing however, to GRANTOR, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement herein acquired. GRANTOR further states that it is lawfully seized of title to the land Yhrough which the easement is granted and that is has good and lawful right to convey the easement to the GRANTEE herein. t=` e�a e =a &�=� � � ��" .4 W� .q. u:l "� _. �_ .L . _ * _ r GRANTEE shall restore Clie ground to substantially the same physical condition Ci�at existed at the time the GRANTEE or its agents entered upon it. THIS easement shall be binding upon tlie successors and assigns of the GRANTOR. TO HAVE AND TO HOLD "CI-�E SAME, [ogether with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the GRANTEF, and to its successors and assigns. iN WITNESS VVHEREOF, the said GI2ANTOR has hereunto set i[s hand this � day of �7 - ,20t2. JJJ ENTF.RPRISES, LLC i� , � Print Name: ,_._ %�'� ` ��,�ii ACKNOWLEDGEMENT RY LIMITED LIABILITY COMPANY STA'I'� OFMISSOUIil ) ) SS: COUNTY OF� c� - Q > ) �. . On this �c��'— day of 77 �� , 2012, before me appeared � e� 4 �o��/u,; w. to me personally known, who, being by me duly sworn, did say that he/she is/arc the member/manager(s) of ,TJJ ENTERPRISES, LLC , a Limited Liability Company of the State of Missotu and the s�id instrument was signed in behalf of said Limited Liability Company by authority of its Articles of Organization and/ar its Operating Agreement; and said �z �� (-2< .�? acl:nowledged said instrument to be the free act and deed of said Limited Liability Company. IN 'I WHF,REOF, I have hercunto set my hand and seal --- : , _ � /� - ��`��2,P ,�'� 7 Notary Public My commission expires: ROBIN L. LITTRELL Natary Publlc-Notery Seal �' ' ' State of Missouri, Ra Coun )�) ��.� �. /. _� � �� y ro ' — Commission #� 11390631 My Commission Expires Mar 8, 2015 Q1Cuuununig� Ucvclupntentl'Mallox RnaA LanJU71 Suuth "f('P, Q2upair��11 Juc s_"_C e _i � =t €'=: 9. .. _ '"'d _� F°"' .! +_ ::.� ' .'_ ... • . � 1 I I I �� ' I I�GY=.O! f ( 9,024 Squere Feet f � 0,089 Aores � } � � ��lot 3 � � � � � � N. Llne, Lot 3' I � � t" � 30' S89'44`48"E 10.00' � � I �� 0' 15' 30' 60� � ; � SCALE IN FEET � ' I � N � � �u ��$ �� ~ d I � � � Lot 3 �ot �rK ''�I 3 � ' c, � 1 � �,j � �° i o . ,� �� g � + i �� ' � Porcel �' 23-3A��6—OOQ—OOQ—t10-000 Z � � No Slfe Address � Owner: JJJ Enterprises � I 4380 8elglum Boutevard � Fro sod Iy,I R/IY.Lirte; Riverside, Mlssour+ 64150 I � R � I ' 1 ; ! SB9'44'O! "� fi3 84' � � � �w�__�,�_��_, � ,y� I I �� q 'h '�`� I j cV S, L�na. Lot 3 hj �� I � ��N ti , S�, Cor., y 38.44' �nt 3 t � N89'27'93"W 55.41' Nes��'4�"tiv I , � Fo9nt ot BeglnnJr�g � � I N0075'�8"E t459.42' � 43rd Street R/W i Point of Commenatn sF, cor„ s�, �/a, SW. Cor., SE. 1/$ See, 6, T5�N, R33W � Sec. 6, 750N, R33W S89'23'S7"E f004.93` S, Llne, SE, 1/¢, Sec. 6, TSON, R33N/ 2708.48' PROJECTNO: 009•1B32H raatwmi�asrasvae� EXHIBtT Temporary Consfruction �� DRAWNBY: ML9 �OL��'ON �velandPa�k.KSfiC2s3f760 9 Exhibit �� g ��'�� DATE: 0?127N2 REV. 34&12 A S S O C 1 AT R S pq7t p73a65.11Y� �=`w_vs=o ��:. .�. .�. �:?� s. P a_� �•:± �',':-__ �w • w • � Fila No. 2009-1632H Mattox Road Febtuary 28, 20I2 Revised March 19, 2012 EXH9 Temporary Construction Easement- JJJ Enterpitises i�ll that part of Lot 3, Belgian Boitoms Business Park Lots 1-3, a subdivision in the Southeast Quarter of Section 6, Towaship 50 North, Range 33 West, in thc City of Riverside, Platte County, l+fiissouri, descrlbed as follows: COMM�NCING at the Southwest corner of the Southeast Quarter of Section 6, Township 54 North, Range 33 West; theace South 89 dagrees 23 minutes 51 seconds East along the South Iine of the Southeast Quarter of said Section 6 a distance of 10D4,93 feet to a point on the Southerly prolongation of the West right of way lin� of Mattox Road; thence North 0 degrees ]5 n�u►utes 59 seconds 8ast along the Wast right ofway line of Mattox Road and its prolongation a distance of 1459.42 feet to the 5outheast cnrner of Lot 3, Belgian Bottoms Business Park Lots 1-3; tttence North S9 degrees 27 minutes 43 seconds West along the South line of said Lot 3 a distance of 38.44 feet to the POINT OF BEGINNING; thence continuing North 89 degrees 27 minutes 43 seconds WesY along the South line of said Lot 3 a distance of 55.41 feet to a point; thence North 0 degrees 15 minutes 59 seconds East a distance �f 23.20 feet to a point; thence South 89 degrees 44 minutes Ol seconds Bast a distance of 63,84 feet to a point; thence Nor�b 0 degrees 15 minutes 59 seconds East a distance of 155.43 feet to a poiot on the North line of said Lot 3; thence South 89 degrees 44 minutes 46 sc:wnds East along the North line of said T�ot 3 a distance of 10,�0 feet to a point; thence South 0 degrees l5 minutes 59 seconds West a distance of 151.23 feet to a point; thence South 33 degrees 56 minufes 41 seconds Wast a distance of 33,25 feet to the POINT OF BBGINNINCti and containing 3,024 Squere Feet or 0.069 Acres, more or less.