HomeMy WebLinkAboutR-2012-164 QuitClaim Deed MoDot RESOLUTION NO. R-2012-164
A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION AND FURTHER AUTHORIZING THE MAYOR TO
EXECUTE AND DELIVER AN ACCEPTANCE OF CONVEYANCE ON BEHALF OF THE CITY
IN CONNECTION WITH THE ACQUISITION OF SUCH PROPERTY
WHEREAS, the Board of Aldermen find it to be a public purpose and in the best interest
of the City to acquire certain property further described herein and accept a Quitclaim Deed
from the Missouri Highways and Transportation Commission along I-635 within the City;
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
Quitclaim Deed, in substantially the form attached hereto as Exhibit A from Missouri Highways
and Transportation Commission;
FURTHER THAT the Mayor, the City Administrator, the City Clerk, the City Attorney and
other appropriate City officials are hereby authorized to execute and deliver the Acceptance of
Conveyance attached hereto as Exhibit B and to further 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 th.e Board pf Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the� day of.4liPi�2012.
° ° Mayor Kathleen L. Rose
Pi.TfEST: �
Robin Littrell, eit Clerk
Appro ed as to Form:
T mp n, City Attorney
CCO Form: RW42
Approved: 10/O6 (AR)
Revised: 02/10 (AR)
Modified:
ACCEPTANCE OF CONVEYANCE
The Quitclaim Deed attached above, made on December 5, 2012 by the State of
Missouri, acting by and through the Missouri Highways and Transportation Commission
(the "Grantor"), is hereby received and formally accepted by the City of Riverside,
Missouri (the "Grantee" of the deed) on this ��day of December, 2012.
This Acceptance is executed by the undersigned Kathleen L. Rose, Mayor of the
City of Riverside ,Missouri, who is authorized by resolution of the Board of Aldermen of
the City of Riverside, Missouri, dated December 18, 2012 to accept conveyances of
easements and real property for the City of Riverside, Missouri.
GRANTEE: City of Riverside, Missouri
�� �
- By: Kathleen L. ose, Mayor
Attes� .
Robin Littrell, ity Clerk �
ACKNOWLEDGMENT BY CITY
STATE OF MISSOURI )
) ss
COUNTY OFPLATTE )
On this /8�'day of December, 2012, before me appeared Kathleen L. Rose,
Mayor personally known to me, who being by me duly sworn, did say that she is the
Mayor of the City of Riverside, Missouri and that the foregoing instrument was signed
and sealed on behalf of the City of Riverside, Missouri and that she acknowledged said
instrument to be the free act and deed of the City of Riverside, Missouri and that it was
executed for the consideration stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid the day and year written above.
��... � �
,
Notary Public
My Commission Expires: �"�+1 �g a��� ROBIN L. LITTRELL
Notary Public-Notary Seal
Stah ot Missouri, Ray County
Commission # 71390fi31
My Commission Ezpires Mar 8. 2015
•e .� .
. Recorded In Platte County, Missouri '
Recording DatelTime:01/22/2013 at 09:53:29 AM
• Instr Number. 2013001099 ,,,"""`,,,
Book: 1204 Page: 833 `;��pP�EP
� C N _
Type: TR QCD ' �
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� Pages: q =y-�'-. �' : o ;
Pee: 33.00 S - =�F' ... '��yy�'
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Electronica/lyRecorded GLORIABOYER
RecorderofDeeds
CCO FORM: RW01 COUNTY: Platte
Approved: 6/93 {TLP) ROUTE: I-635
Revised: 02/10 (AR) PROJECT: J411709
Modified: PARCEL: 18Q
KC-0753/ID#s263518&263519
QUITCLAIM DEED ��.(S�L-��
THIS INDENTURE, made this� day of 1� CP� � 20�-between
the State of Missouri, acting by and through the MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION, 105 W. Capitol Avenue, Jefferson City, Missouri
65102, party of the first part (grantor) and City of Riverside, Missouri (Mailing address of
first-named grantee) 2950 NW Vivion Road, Riverside, MO 64150 of the County of
Platte, State of Missouri, party of the second part (grantee),
WITNESSETH: In consideration of the payment of the sum of ONE DOLLAR
AND OTHER VALUABLE CONSIDERATION ($1.00 & O.V.C.), the receipt of which is
hereby acknowledged, the said party of the first part does hereby REMISE, RELEASE,
AND FOREVER QUITCLAIM to the party of the second part, a tract of land, lying
- situated and being in the County of Platte, State of Missouri, to wit:
Legal Description:
All that part of existing Interstate Highway 635 Right of Way as established in Book
1074 at Page 915, a parcel of land lying in the Southwest Quarter of Section 5,
Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri,
described as follows:
COMMENCING at a point that is 455 feet Left of centeriine Station 47 + 75, Interstate
Highway 635 as established in Book 1074 at Page 915, thence North 87 degrees 14
minutes 32 seconds East along the North right of way line of said Interstate Highway
635 a distance of 335.00 feet to a point that is 455 feet Left of centerline Station 51 +
10; thence South 80 degrees 42 minutes 25 seconds East along the North right of way
line of said Interstate Highway 635 a distance of 36.06 feet to a point that is 447.47 feet
Form 4-7.3
1
CCO FORM: RW01 COUNTY: Platte
Approved: 6/93 (TLP) ROUTE: I-635
Revised: 02/10 (AR) PROJECT: J411709
Modified: PARCEL: 18Q
KC-0753/ID#s263518&263519
QUITCLAIM DEED k- �C-C r C�-��� '' ' "' \
THIS INDENTURE, made this � day of 1�'L�� r20�_��,—between
the State of Missouri, acting by and through the MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION, 105 W. Capitol Avenue, Jefferson City, Missouri
65102, party of the first part (grantor) and City of Riverside, Missouri (Mailing address of
first-named grantee) 2950 NW Vivion Road, Riverside, MO 64150 of the County of
Platte, State of Missouri, party of the second part (grantee),
WITNESSETH: In consideration of the payment of the sum of ONE DOLLAR
AND OTHER VALUABLE CONSIDERATION ($1.00 & O.V.C.), the receipt of which is
hereby acknowledged, the said party of the first part does hereby REMISE, RELEASE,
AND FOREVER QUITCLAIM to the party of the second part, a tract of land, lying
situated and being in the County of Platte, State of Missouri, to wit:
Legal Description:
All that part of existing Interstate Highway 635 Right of Way as established in Book
1074 at Page 915, a parcel of land lying in the Southwest Quarter of Section 5,
Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri,
described as follows:
COMMENCING at a point that is 455 feet Left of centerline Station 47 + 75, Interstate
Highway 635 as established in Book 1074 at Page 915, thence North 87 degrees 14
minutes 32 seconds East along the North right of way line of said Interstate Highway
635 a distance of 335.00 feet to a point that is 455 feet Left of centerline Station 51 +
10; thence South 80 degrees 42 minutes 25 seconds East along the North right of way
line of said Interstate Highway 635 a distance of 36.06 feet to a point that is 447.47 feet
Form 4-7.3
1
Left of centerline Station 51 + 45.27, the POINT OF BEGINNING; thence continuing
South 80 degrees 42 minutes 25 seconds East along the North right of way line of said
Interstate Highway 635 a distance of 873.99 feet to a point that is 265 feet Left of
centerline Station 60 + 00; thence North 88 degrees 04 minutes 23 seconds East along
the North right of way line of said Interstate Highway 635 a distance of 1324.79 feet to a
point that is 190 feet Left of centerline Southbound Station 73 + 30.39; thence North 88
degrees 04 minutes 33 seconds East along the North right of way line of said Interstate
Highway 635 a distance of 25.34 feet to a point that is 188.75 feet Left of centerline
Southbound Station 73 + 57.45; thence South 1 degree 55 minutes 27 seconds East a
distance of 83.30 feet to a point that is 105.57 feet Left of centerline Southbound Station
73 + 52.76; thence South 88 degrees 04 minutes 23 seconds West a distance of
1358.30 feet to a point that is 181.83 feet Left of centerline Station 59 + 90.61; thence
North 80 degrees 42 minutes 25 seconds West a distance of 869.14 feet to a point that
is 363.29 feet Left of centerline Station 51 + 40.62; thence North 0 degrees 24 minutes
10 seconds East a distance of 84.31 feet to the POINT OF BEGINNING and containing
185,400 Square Feet or 4.256 Acres, more or less.
This conveyance is made upon the express condition that Grantee, itself, its successors
and assigns shall have no right of direct access from the land herein conveyed to the
adjacent highway now known as I-635, its ramps and Horizons Parkway, all such rights
of direct access being reserved by Grantor.
Grantees, by acceptance of this conveyance, covenants and agrees for itseif, its,
successors and assigns, to allow known or unknown utility facilities currently located on
the property, whether of record of not, to remain on the property, and to grant the
current and subsequent owners of those facilities the right to maintain and reconstruct
the facilities and their appurtenances over, under, and across the land herein conveyed,
along with the right of ingress and egress across the land herein conveyed to and from
those utilities.
TO HAVE AND TO HOLD THE SAME, with all and singular rights, immunities,
privileges, and appurtenances thereunto belonging, unto the said party of the second
part, their heirs and assigns forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand
and seal the day and year first written above.
MISSOURI HIGHWAYS AND
TRANSPORTATION OMMISSION
BY / --
�—�-� drl �r� ',{�;UY
A EST:
By , —�
ary to t e Commission
Form 4-7.3
2
ACKNOWLEDGEMENT
STATE OF �� I ` c �Y} )
COUNTY OF �(�)�(°, �SS
�� I-
On I this � day of ���'e-1'�(�I .L �, 20_, before me appeared
i to me personally known, who being by my
duly sworn id say that he/she is of
Missouri Highways and Transportation ommission; that the seai affixed to the
foregoing instrument is the official seal of said Commission; that said instrument was
signed a ealed in behalf of said Commission by authority of said Commission, and
that said � � acknowledged said instrument to be the free act
and deed of said C mmission.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal at my office in Cole County, the day and year first above written.
a 2�
o ry Pu ' � �
Y P�', JENNIFER L JORGENSEN
I� .o�.... �.;� . � � Expres
My commission expires: I�-� C '?:'riov�r';.- ,�
zuj'., �AL; - ca�e ca,�Ay
•;�iF �io„attt23�+s
���:
Form 4-7.3
3
, CCO Fortn: RW42
Approved: 10/O6 (AR)
Revised: 02/10 (AR)
Modified�. '
ACCEPTANCE OF CONVEYANCE
The Quitclaim Deed attached above, made on December 5, 2012 by the State of
Missouri, acting by and through the Missouri Highways and Transportation Commissio�
(the "Grantor"), is hereby received and formaily accepted by the City of Riverside,
Missouri (the "Grantee" of the deed) on this ��"day of December, 2012.
This Acceptance is executed by the undersigned Kathleen L. Rose, Mayor of the
City of Riverside ,Missouri, who is authorized by resolution of the Board of Aldermen of
the City of Riverside, Missouri, dated December 18, 2012 to accept conveyances of
easements and real property for the City of Riverside, Missouri.
GRANTEE: City of Riverside, Missouri
. �������� �
�� By: Kathleen L. ose, Mayor
Attes�'9;:0 - �
Rotiin Littrell, ity C1erk
. . � „
ACKNOWLEDGMENT BY CITY
STATE OF MISSOURI )
) ss
COUNTY OFPLATTE )
On this /8�'day of December, 2012, before me appeared Kathleen L. Rose,
Mayor personally known to me, who being by me duly sworn, did say that she is the
Mayor of the City of Riverside, Missouri and that the foregoing instrument was signed
and sealed on behalf of the City of Riverside, Missouri and that she acknowledged said
instrument to be the free act and deed of the City of Riverside, Missouri and that it was
executed for the consideration stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid the day and year written above.
�n.c..ti � �1�c�t��
Notary Public
My Commission Expires: ��� �g a��� Notary LN taEy Seal
State ot MissOUri, Ray County
Commission # 11390637
My Commission Expires Mar 8, 2015
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CITY OF
- RIVERSI�
�•�-"`" Missouai
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: 12-13-12
AGENDA DATE; 12-15-12
TO: Mayor & Board of Aldermen
FROM: Michael DuHy, Director of Community Development
TITLE: Conveyance of Right-of-Way from MoDOT to the City of Riverside
BACKGROUND:
In 2004 when the construction of the interchange was approved, MoDOT required the City to also construct a
southbound deceleration lane from Missouri Route 9 to the new interchange. The construction of Horizons Parkway
Phase I was a�so a tomponent of the interchange construction. To manage stormwater, a swale system along the east
side of Horizons Parkway and the north side of I-635 that emptied in the Levee District pond was constructed. As part
of this project, the City of Riverside donated right-of-way to MoDOT for the interchange and the deceleration lane and
the swales were ailowed to be partly located within the right-of-way. The project was completed in 2007.
The approved master plan for Riverside Horizons includes the conversion of the swales into a water feature. Due to
safety concerns, MoDOT required the construction of a landing zone between the deceleration lane and the swale to
minimize the potential of vehicles leaving the road and being submerged in the swale. At the same time, MoDOT
required that the swales be removed from MoDOT right-of-way. It was determined that the cleanest way to accomplish
this is for MoDOT to convey a
portion of the right-of-way that �' �°
�
the City originally donated to
� � `� �g nfx "+� .
MODOTbdCktOth2Cl�y, ����Y�' � �7 xm�yr� r'�i� �k� k .'�t1�rsi d�P�;�i�� .�' ,: !. ft', ;Cre � ,
�,� : ,..<« 3 �� � � ..
I v '' �I M1 S.� A � • �
� � i .;�; ..... : ....r. „... � , .. .�
This acceptance of the �. - � � � �
Conveyance of Deed allows
MoDOT to record the Oeed and ��--�-- '
relinquish the right-of-way for the i
,, , :�: ..
water features in Horizons. The �
City was already responsible for
the maintenance of the swales by �*"�
agreement with
MoDOT and through the MDA.
funding for maintenance is
provided by City general funds
and an assessment on Ieasable
square footage within the
Horizons Business Park.