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Home My WebLink AboutR-2012-152 Permanent Utility Easement with KCPL SUBSTITUTE RESOLUTION NO. R-2012-152 A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO KANSAS CITY POWER & LIGHT COMPANY; FURTHER AUTHORIZING AND DIRECTING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI TO GRANT A PERMANENT UTILITY EASEMENT TO KANSAS CITY POWER AND LIGHT 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 requires the extension of certain Kansas City Power & Light Company ("KCPL") electrical facilities to serve the Project; and WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons, LLC., together with the City have approved plans from KCPL for installation of certain electrical improvements within the Project in Section 5, Township 50 North, Range 33 West, in Platte County, Missouri, platted as Riverside Horizons East First Plat, as amended; and WHEREAS, in order to provide such electrical improvements, KCPL has requested a permanent easement in which to construct, locate, operate and maintain certain facilities that will be constructed outside of the right of way and existing utility easements; and WHEREAS, the KCPL easement will be located on property owned by both the City and the IDA; and WHEREAS, the Board of Aldermen find it is in the best interest of the City for the City to convey said easement to KCPL in substantially the same form as set forth in Exhibit "A" and for the IDA to convey said easement to KCPL in substantially the same form as set forth in Exhibit �� NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Mayor is hereby authorized to execute and deliver the Easement Conveyance by and between Kansas City Power & Light Company and the City of Riverside, Missouri in substantially the same form as attached hereto as Exhibit "A" and the City Clerk is authorized to attest thereto, and the performance of all actions related thereto are approved, authorized and directed; SUBSTITUTE RESOLUTION NO. R-2012-152 FURTHER THAT the IDA is hereby authorized and directed to enter into and execute the Easement Conveyance between Kansas City Power & Light Company and the IDA in substantially the same form as attached hereto as Exhibit "B" and the performance of all actions related thereto are approved, authorized and directed; FURTHER THAT the Mayor, City Clerk and the officers, agents and employees of the City are hereby authorized to execute such documents and take such actions as are necessary or desirable to effectuate 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 th�Board of Aldermen an APPROVED by the Mayor of the City of Riverside, Missouri, the� day ot��'012. � „ � t' ,. � ,. � • • � • Ka hleen L. Rose, Mayor � _�.�� ATTEST:' ' �A�c�#�Op> -. Robin Littrell, C.ity^Clerk ' ' ` Approved as to Form: 0 Nai c omps , City Attorney �` . Recorded in Platte County, Missouri Recording Date/7ime: 11/08/2012 at 01:28:59 PM Instr Number: 2012017099 ,��""""�� G OF� '' Book:1200 Page:896 Type: DEESMT ;�e �FO� Pages: 4 ; � : • ' . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � 9 ��cO, uN ��; yy � `` Grantor: HIVER3IDE CITY OF 6loria Boyer, Cranlee: RAN3A3 CITY POWER 6 LIGHT CO Recorder of Deeds S _� QQ/Q T �Platte County R_�Missouri State EASEMENT CONVEYANCE THIS EASEMENT, made and entered into this .�� day of November, 2012, by and between The City of Riverside, Missouri, a Municipal Corporation, of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside, Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a Missouri corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson County, Missouri "GRANTEE" or "KCP&L". After recording mail to: KCP&L Right of Way Dept. F8�M-2 PO Box 418679 Kansas City, MO 64747-9679 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect, operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and pipes, repair, rebuild and remove, on, under and over the easement described below and in and upon all streets, roadways or highways abutting said lands, now or at any future time, for the transmission and distribution of electric energy, and for communication purposes, and all appurtenances and appliances necessary in connection therewith, together with the right of ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS lands, which said perpetual easement being over, along, across and under the following '�I�.t�IN-l�sfa�e— L,t)PC( �r�._I�-'. 1.:_I�I_I F'`-�..�.? iJ��G described lands situated in the County of Platte, in the State of Missouri, said easement more particularly described as follows: See attached Exhibit A This easement and rights granted herein will at all times be considered subordinate to any public right of way. GRANTEE may erect and use gates in all fences which cross or which shall hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear away any trees, limbs and brush on or adjacent to the above-described land now or at any future time whenever, in its judgment, such will interfere with or endanger the construction, operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE shall, whenever practicable, use existing roads or lands and shall repair any damage caused by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by GRANTEE unless GRANTOR otherwise requests. It being the intention of the parties hereto that GRANTOR is hereby granting the uses herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use and enjoy the above-described premises: PROVIDED, however, such use shall not, in the judgment of said GRANTEE, interfere with or endanger the construction, operation or maintenance of said lines, and provided further that no building shall be constructed on the easement without GRANTEE's written permission. The lines and all facilities erected by GRANTEE are the personal property of GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE. TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular, the rights, privileges, appurtenances, and immunities thereto belonging or in anyway appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This easement conveyance shall run with the land and shall be binding upon GRANTOR and GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby covenants that GRANTOR is the owner(s) of the above-described land, subject to existing liens and right-of-way easements of record. IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement effective on the date first above written. THE CITY OF RIVERSIDE, MISSOURI BV!�'/I',7"lr �Qf�Q� • /�.�-�0.( , ��hleen L. Ros'e ayor ATfEST: . `��,�;�%�� . ' Robin tittrelt, ity Clerk . E: �=..1 F= 1: Ci r F° -� q.3 U°� e. ACKNOWLEDGMENT STATE OF MISSOURI ) )SS COUNTY OF PLATTE ) � BE IT REMEMBERED, that on this .� — day of November, 2012, before me, the undersigned, a Notary Public within and for the County and State aforesaid, came Kathleen L. Rose, Mayor of the City of Riverside, Missouri, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing instrument on behalf of said City and by authority thereof, and such person duly acknowledged said instrument to be the free act and deed of said City for the purposes therein expressed. T.k IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this .S '— day of November, 2012. My Commission Expires: -8 - S Notary Public�''��obc-,,. 4� . �z�c�.�� ROBIN L. LI7TRELL Notary PuGlic•Notary Seal State ol Missouri, Ray County Commission �Y 17390637 My Commission Expires Mar 8, 2015 p._.._� 1-i �. 2 O o=o F' -� O.� L:9 r. Exhibit � KCPL Easement l R��F RS � O f Hp R � oNS � qSrF TY �R'fr �4T '��' 8018 / �'� � SI.JJ' / I5.00' `'< r, �'` 1 S rqf FT s.00• • 5 line, I� �'-, \ \ \ Descrintion: A part ofLot, RNERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of Riverside, Platte Counry, Missouri, according to the recorded plat thereaf, described as follows: The SouNerly 5.00 feet of said 4. Md... The North I5.00 feet of the South 20.00 feet of the East 5133 feet of the West 8028 feet of said Lot 4. I hereby certify that this reaI property description has been prepared by me or under my direct supervision. ` a��uniniq� .. ..�� OF M�S � P:' ��.� •. P �G : R GE C _'_"' R ; #� ; �'.,.�a—� ; - c<� •-..�;: �•,,,,,�� Michael Schmid[berger Missouri LS-2000143910 2224 Condolea Tert. Leawaod, KS 66209 (913) 334-8819 ,� Reneissance In �l'dStlllCtUCC I �:onsulting (R•1•C� 11990 Sveng Line Roed I Lenexa, Kejues 66215 � (9U)317�9500 � www.mninfnsaucmre.cum SUBSTITUTE RESOLUTION NO. R-2012-152 EXHIBIT B S —I QQ/Q T �Platte County R_�Missouri State EASEMENT CONVEYANCE THIS EASEMENT, made and entered into this day of November, 2012, by and between The Industrial Development Authority of the City of Riverside, Missouri, of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside, Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a Missouri corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson County, Missouri "GRANTEE" or "KCP&L". After recording mail to: KCP&L Right of Way Dept. F&M-2 PO Box 418679 Kansas City, MO 64 7 41-9 679 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect, operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and pipes, repair, rebuild and remove, on, under and over the easement described below and in and upon all streets, roadways or highways abutting said lands, now or at any future time, for the transmission and distribution of electric energy, and for communication purposes, and all appurtenances and appliances necessary in connection therewith, together with the right of ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS lands, which said perpetual easement being over, along, across and under the following SUBSTITUTE RESOLUTION NO. R-2012-152 described lands situated in the County of Platte, in the State of Missouri, said easement more particularly described as follows: See attached Exhibit A This easement and rights granted herein will at all times be considered subordinate to any public right of way. GRANTEE may erect and use gates in all fences which cross or which shall hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear away any trees, limbs and brush on or adjacent to the above-described land now or at any future time whenever, in its judgment, such will interfere with or endanger the construction, operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE shall, whenever practicable, use existing roads or lands and shall repair any damage caused by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by GRANTEE unless GRANTOR otherwise requests. It being the intention of the parties hereto that GRANTOR is hereby granting the uses herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use and enjoy the above-described premises: PROVIDED, however, such use shall not, in the judgment of said GRANTEE, interfere with or endanger the construction, operation or maintenance of said lines, and provided further that no building shall be constructed on the easement without GRANTEE's written permission. The lines and all facilities erected by GRANTEE are the personal property of GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE. TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular, the rights, privileges, appurtenances, and immunities thereto belonging or in anyway appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This easement conveyance shall run with the land and shall be binding upon GRANTOR and GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby covenants that GRANTOR is the owner(s) of the above-described land, subject to existing liens and right-of-way easements of record. IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement effective on the date first above written. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Leland Finley, President ATTEST: Sarah Wagner, Secretary SUBSTITUTE RESOLUTION NO. R-2012-152 ACKNOWLEDGEMENT State of Missouri ) ) SS: County of Platte ) On this day of November, 2012, before me a Notary Public, appeared Leland Finley, to me personally known, (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged that he is the President of The Industrial Development Authority of the City of Riverside, Missouri and that he executed the same on behalf of the Board of Directors of said corporation and by authority thereof and acknowledged said instrument to be the free act and deed of said corporation for the purposes therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this _ day of November, 2012. My Commission Expires: Notary Public Exhibit KCPL Easement l R � V FRS/p E , h' Oq�� oQS � SlFiRSrp � T '��'- 80.28' / �`� � 51.J3' / I500' � ''Sr ` 1 S TRf FT � 5.oa' � s i�e, io� 4 J '�'�-, \ � \ � Descrio��on: A part of Lot, RIVERSIDE HORIZONS EAST FIRST PLAT, a s�bdivision in the City of Riverside, Platte County, Missouri, according m the rewrded plat ihereof, described as follows: The Southerly 5.00 feet oC said 4. And... The North I5.00 feet of the South 20.00 feet of Ihe East 5133 feet of the West 80.28 feet of saiA Lot 4. 1 hereby cetlify that this real property description has been prepared by me or under my direct supervision. `N U�ininri, ry \' �� F;: �F" MiS � p �.� , G P . �� RGEE R : _ � =; �,� �; 4 g� :. � LM� "�nniiu �� ao. Michael Schmidtberger Missouri LS-2000143910 2224 Condolea Terr. Leawood, KS 66209 (913) 334-R819 ,� Renaissance In �Td$t(l1�UfC Consu�ting (R• I • C� 11q905nangLineRoad I li�ex��Kansas662751 (913I317�9500 I �'�reninfresrcucrurcsom Exhibit KCPL Easement Description: A part of lots of Lo[s 2, 3, 5, 6 and 7, RIVERSIDE HORIZONS EAST FIRST PLAT, a suAdivision in the City of Riverside, Platte County, Missouri, accorcling to the recorded plat thereof, described as foilows: The Sou[herly 5.00 feet ofsaid Lots 2, 3, 5, 6 and 7. And... The Eutedy 5.00 feet of said Lo� 3. And... The North I5.00 feet of the South 20.00 fee� of the West 45.96 feet, af said Lot 2. And... The North I5.00 feet of the South 20.00 feet of the East 7133 feet of the West 77.95 feet of said Lot 3. And... The Northcrly I5.00 Lect of Ihe Southcrly 20.00 feet of the Easterly 71.33 fee[ ofthe Westcrly 136.68 fee[ of said Lot 5. And... The Northedy 15.00 feet of the Southerly 20.00 fcet ofthe Westerly 51.33 feet o(the Easterly 76.00 feet ofsaiA Lot 5. I hereby certify that this real properly description has been prepareA by me or unAer my direct supervision. " � �� pF M� � P . .� �G� , _� GE ; `_ ,,� ,_"�`. ��",,, �,�,,, Michael SchmiAtberger Missauri LS-2000143910 2224 ConAolea Terr. Leawood, KS 66209 (91})334-8R19 Sheet 1 ,� Renaissance Inf raswcture Consulr►ng (R• I • C) 11490 Snang Line Aaad I��exa, Kansas 66215 � (9U)JI7-9500 I �+ ��Frnsrmcmrcsom Exhibit � KCPL Easement I i �-- RIVERSIDE HORIZONS EAST FIRST FL4T -- LOTI LOT3 j� E. line, Lot J /�\ \,� N�� g �, 5.00' I "=100' W Ime, Lot 1 i � � 0 50' 100' i i i i 15.00' � 45.96' � i -- -� 7Z95' 77.33' i _' _�___'__"""'_" r ___ ___� � _ 1 _1 ______ � / -__� � S line. Lat 7 5 00' 15.00' " i Shee[ 2 5.00' � i 4 7 5 T 5 T R E ET 5. iine, Lot 3 �'' , Renaissance In [I'dStl'l1CtUIC � C:onsultir� (R• 1 • C� � �490 Smang Lme Road I lena.e. Kanau 66zts I (913)317.9500 I www. ninfiuceutture.c��m � Exhibit / KCPL Easement 136.68' ��rs i5.00'c, `1 n.3.7' 1 R/�eRS��EHpRiI�NSFqSTFiRs S line. Lot� 76. Tp� / 5.00' . SI.JJ' _ C `Z COT6 \ 15 00' � 4� ST ST _ '`_I \ FT 5.00' �`'� ��rJ / 5 line, Lot 6 \ ' ��_I � �m�, �o� � _ � 5.00• N � _ x � I "=200' Sheet 3 � ° '°° 200� � Renaissance In�rasm�cture Cronsu�ting (R• I • C� 11490 Smang Linc Rwd I li�exa, Kansu 66215 I (913)317-9500 I �� ninfnsreviceures��m