HomeMy WebLinkAboutR-2012-125 Easement Conveyance to Southwestern Bell Telephone Company RESOLUTION NO. R-2012-125
A RESOLUTION APPROVING AN EASEMENT CONVEYANCE FOR LOCATION
OF AN EQUIPMENT STATION AND UNDERGROUND LINES TO
SOUTHWESTERN BELL TELEPHONE COMPANY AND AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING
THERETO
WHEREAS, the City conveyed certain real property known as Riverside
Horizons east of Horizons Parkway to The Industrial Development Authority of the
City of Riverside, Missouri, ("IDA") by Special Warranty Deed recorded May 9, 2007
as document No. 007218 in Book 1103 at page 314; and
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of
May 1, 2007, the IDA is required, upon direction of the City, to transfer such interests
in the real property in whole or in part, in one or more transactions; and
WHEREAS, the City entered into a Master Development Agreement with
Riverside Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the
development of the Horizons Business Park Development Project (the "ProjecY')
within the City; and
WHEREAS, the Project will require an extension of certain Southwestern Bell
Telephone Company ("SW Bell") facilities to serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons,
LLC., has approved plans from SW Bell for installation of certain electrical
improvements within the Project on Lot 2 of the Replat of Lot 13, Riverside Horizons
East First Plat; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to
provide for the location of such facilities of SW Bell pursuant to an easement in
substantially the same form as set forth in Exhibit "A" and desire to direct the IDA to
execute such easement to further the public purpose of economic and industrial
development within the Horizons development area;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the execution and delivery of the Southwestern Bell Telephone
Company Easement for Equipment State and Underground Lines (the "EasemenY') in
substantially the same form as attached hereto as Exhibit "A" is hereby approved;
FURTHER THAT the IDA is directed to execute and deliver the Easement
attached hereto as Exhibit A in favor of Southwestern Beli Telephone Company;
FURTHER THAT the City shall, and the officers, agents, and employees of the
City are hereby authorized and directed to, take such further action and execute and
RESOLUTION NO. R-2012-125
deliver such documents and instruments as may be necessary or desirable to carry
out and comply with the intent of this Resolution;
FURTHER THAT this Resolution shall be in full force and effect from and after
its passage and approval.
PASSED AND ADOPTED by the Board of Aldermen nd APPRO ED by the
Mayor of the City of Riverside, Missouri, the � day of , 2012.
�
Kathleen L. Rose, Mayor
ATTEST:
� �
Robin LittrelTClerk �
, • , Approved as to Form:
a Th pson,Ciry Attorney
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Recorded in Platte CouMy, Missouri
Recording Date/Time: 09/14/2012 at 09:53:02 AM
Instr Number. 2012013770 ,��""""'�
�� pEP OF �'.
Book: 1197 Page: 572 ` ,,�� o P......, o _
Type: DE ESMT ; Q'; �, =
Pagea: 4 ' ' ; ' ;
Fee: S33.00 S ` s�� ��o;�
ill IIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllll .°��N, ,'��
, Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY CI... Gloria Boyer,
� Granlee: SOUTHWE3TERN BELL TELEPHONE CO Recorder of Deeds
SOUTHWESTERN BELL TELEPHONE COMPANY
EASEMENT FOR EOUIPMENT STATION AND UNDERGROUND LINES
THE STATE OF MISSOURI §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF PLATTE §
THAT THIS EASEMENT AGREEMENT is entered into by the undersigned, THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF TI-IE CITY OF RNERSIDE, MISSOURI,
[hereinafter referred to as "GRANTOR"], and SOUTHWESTERN BELL TELEPHONE
COMPANY, a Missouri corporation, (hereinafter referred to as GRANTEE"), wherein GRANTOR,
in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and
valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT,
BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its affiliates and
subsidiaries, and their successors, assignees, lessees, licensees and agents (hereinafter collectively
referced to as "GRANTEE"), a permanent exclusive easement (hereinafter referred to as the
`BasemenY') as described herein below for the purposes hereinafter set forth, upon, across, over,
above, under and within GRANTOR'S tract of land located in Platte County, Missouri, (hereinafter
called "the Property"), and described as follows, to wit:
See Survey and Field Notes that are attached as Exhibit "A"
This agreement does not constitute a conveyance of the Property, nor of the minerals
therein and thereunder, but grants only an Easement subject to the following:
(a) This Easement is granted for the purpose of permitting GRANTEE to construct,
operate, maintain, protect, repair, relocate, upgrade, replace, and remove such underground lines,
circuits and conduits for the transmission of signals used in the provision of communication, data,
video, and information services, associated equipment stations, vaults,. cabinets and power
pedestals, and such appurtenances thereto (collectively, the "Facilities"), as GRANTEE may from
time to time require upon, across, over, above, under and within the Easement.
EQUIPMENT STATION W/UNDERGROUND LINES — MISSOURI
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(b) GRANTOR further conveys to GRANTEE the following incidental rights and
powers: the right of pedestrian and vehicular ingress to and egress from said Easement utilizing
reasonable routes across the Property, including but not limited to the right to use existing and future
roads, pazking lots, entrances and exits and all other paved areas of the Property; the right to drain or
sheet flow storm water runoff from the Easement onto the Property and/or into existing and future
storm water collection and drainage facilities bcated within the Proper[y; the right to clear and keep
cleared trees, brush, and all other obstructions from the surface and subsurFace of said Easement;
the right to fence the Easement; the right to construct, operate and maintain, or license others to do
so, service lines for electric power; and, the right to install, maintain, and use gates in fences which
cross said Easement.
(c) During the period of installarion, removal or replacement of the Facilities by
GRANTEE within the Easement herein granted, GRANTEE shall have the right to use as
temporary construction easements so much of the surFace of the Property as may be reasonably
necessary for GRANTEE'S construction, installation, removal or replacement of said Facilities.
Following the initial installation of GRANTEE'S Facilities, and also after any later activities by
GRANTEE which affect the Ptoperty, GRANTEE shall promptly restore the grounds affected
thereby to as neazly as practicable the same condition that existed prior to such activiTy.
(d) The Easement ganted hereby is subject to all valid and subsisting oil, gas, sulfur, and
mineral leases, unitization ageements, deeds, easements, rights-of-way, restrictive covenants,
mineral and royalty grants and reservations, or other instruments now of record which affect the
Easement.
(e) GRANTOR warrants that it is the owner of the Property occupied by the Easement
herein granted, and that GRANTOR has the right to make this conveyance and receive the
consideration therefoc GRANTOR covenants that GRANTEE may quietly enjoy the Easement for
the uses herein stated. In addition, GRANTOR hereby warrants and represents it has no knowledge
of the existence of past or present production, storage, treatment or disposal of any toxic or
hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to
either the Easement or the Property.
(� NOTWITHSTANDING ANY PROVISION OF THIS EASEMENT TO TI�
CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITNE, RELIANCE OR
CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF ANY OTHER THIRD PARTIES,
OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT
LIABILITY.
(g) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims, demands, or causes of action of whatever nature, asserted by others which
are caused by or arise in any manner out of acts or omissions of GRANTEE, its employees, or any
other persons acting under its control, in the use and occupancy of the Easement herein granted.
TO HAVE t1ND TO HOLD the above described Easement, together with all and singular the rights
and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and
GRANTOR does hereby bind its self, and its heirs and assigns, to warrant and forever defend all
EQUIPMENT STATION W/[JNDERGROUND LINES — MISSOURI
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and singular the Easement unto GRANT'EE and its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
SIGNED AND EXECUTED this � day of September, 2012.
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI
ey:
Pernela�--Bara4t President
ATTEST: `,Q,�.� � n \�
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By'
Sareh agner ecretary
ACKNOWLEDGEMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
ON THIS�day of September, 201 0 lfj�,undersigned, a Notary Public in and for
said County and state, personally appeared�����j�to me personally known, who being by me
duly sworn, did say that she is the President of The Industrial Development Authority of the City of
Riverside, Missouri, a public corporation duly organized and existing under the laws of the state of
Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said
instrument was signed and sealed in behalf of said Authority by free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid, the day and year first
above written.
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EQUIPMENT STATION W/[JNDERGROUND LINES — MISSOURI
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Exhibit A
AT&T Easement
North Line,
Lot 2
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� Existing SS/E
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Lot 1 �
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Ex. 10' A/E --j
A part of Lot 2, REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST
PLAT, a subdivision in the City of Riverside, Platte County, Missouri, more
particularly described as follows:
The East 15.00 feet of the West 35.00 feet of South 15.00 feet of the North 39.00
feet of said Lot 2, containing 225 square feet.
,� Renaissance Inf rast�ucture
Consu�ting (R•1•C�
11490 Strang Line Road � Lenexa, Kansas 66215 � �
(913)317A500 � www.reninfrastmceure.com
CITY OF
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Upstream from ordlnary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: 08-31-12
AGENDA DATE: 09-04-12
TO: Mayor & Board of Aldermen
FROM: Michael Duffy, Director of Community Development
71TLE: A Resolution Approving an Easement Conveyance for Location of an Equipment Station and
Underground Lines to Southwestern Bell Telephone Company
BACKGROUND:
As part of the overall infrastructure to service the Riverside Horizons Business Park, it is necessary to install
telecommunications equipment to serve the buildings. Southwestern Bell (SWB) has developed a plan for the extension
of copper and fiber lines to serve the Park. This plan includes the placement of a cabinet similar to the cabinet located
on Northwood Road across from the entrance to Park Hill South High School.
The cabinet will sit on a concrete pad in a 15' x 15' easement located on the south side of 41" Street just east of
Gallagher. New lines will be extended from the existing cabinet on Northwood Road through a conduit under the
railroad at Van de Populier and into the Park along 41 Street. It is anticipated that the work will be completed by
November 15, 2012.
By this resolution, the City directs the IDA to grand the easement to SWB for the construction of the
telecommunications improvements.
There is no budgetary impact to the City. SWB is responsible for the construction of the improvements. Since this is an
easement and ownership of the ground is retained by the IDA, there is no requirement to pay $.50 per square foot to
initiate this project.