HomeMy WebLinkAboutR-2012-165 Perm Utility Esmt KCPL Gallagher/Cardax RESOLUTION NO. R-2012-165
A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY
EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO
KANSAS CITY POWER & LIGHT COMPANY AND FURTHER AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO
(GALLAGHER/CARDAX SYSTEMS PROJECT)
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 on Lot 1 of the Replat of Lot 13 of Riverside Horizons East
First Plat and Lot 1 of Riverside Horizons Industrial III East; and
WHEREAS, in order to provide such electrical improvements, KCPL has requested a
permanent easement on property owned by the City 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 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";
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 substantiaily 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;
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 the B p ard of ermen aj� d� PROVED by the Mayor
of the City of Riverside, Missouri, the �"—^ day of,� liK�.I/�/ , 2012.
� � � � � '��Lt � p
ATTEST:� Kathleen L. Rose, Mayor
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Robin Littsell, y Clerk Approve � to Form:
,
N c hom on, City ttorney
�
RESOLUTION NO. R-2012-165
EXHIBIT A
S —� QQ/Q
T �Platte County
R _�Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this xxxx day of December, 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. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
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 GR,4NTEE 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
RESOLUTION NO. R-2012-165
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
a�y 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 buifding 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 titie to said lines and facilities shall be and remain in said GRANTEE.
TO HAVE AND 70 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 RIVERSIQE, MISSOURI
By' XXXXXXXxx
Kathleen L. Rose, Mayor
ATTEST:
xxxxxxxxx
Robin Littrell, City Clerk
RESOLUTION NO. R-2012-165
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
BE IT REMEMBERED, that on this xx day of December, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this
_xxxx_ day of December, 2012.
My Commission Expires: xxxx Notary Public xxxxxxxx
� ; � ,
5
Recorded in Platte County, Missouri
Recording Date/Time: 01/15/2013 at 12:25:49 PM
Instr Number. 2013000832 """"'�--
`, ��` O 'PpER Op _
Book: 1204 Page: 566 ; �,�.•• � ' �••Fa
Type: DE ESMT � ar ';�' ;
Pages: 5 :�; :�:
Fee: 536.00 S :y�� ` � y o �
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi %°°�N� � �'
.,,,.,.,,,.,
Granlar: RIVERSIDE MISSOURI CITY OF Glorie Boye
Grontee: KANSAS CITY POWER 6 LIGHT CO Recotder oi Deeds
S _� QQ/Q
T �Platte County
R_�Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this � day of December, 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, M issouri 64150,
"GRANTOR" and Kansas City Power 8 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: KCPBL
Right of Way Dept. F&M-2
PO Box 478679
Kansas City, MO 64741-9679
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 cons ideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to GRANTEE, its lessees, successors and assigns, the perm anent 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 easem ent described below and in
and upon all streets, roa dways 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
✓Ci�� t� �+V�rs;�t
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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 shail repair any damage caused
by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by
GRANTEE unless GRAP:TOR 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 prem ises: 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 shal I 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 im munities thereto belonging or in anyway
appertaining unto GRA NTEE its lessees, licensee, successors or assigns forever. This
easement conveyance shall run with the land and shall be binding upon GRA NTOR and
GRANTOR'S heirs, administrators, executors, successors and assigns. GRA NTOR hereby
covenants that GRANTOR is the owner(s) of the above-described la�d, subject to existing
liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this E asement
effective on the date first above written.
THE CITY OF RIVERSIDE, MISSOURI
Bv���✓�
� Kathleen L Rose, Mayor
ATTEST:
G� •
K�. .
Robin Littrell, CI y Clerk
, �. v� r_� F=: 1 2'=�:# F' -� .a ._ � r`. r.
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
BE IT REMEMBERED, that on this ��day of December, 2012, before me, the
undersigned, a Notary Pubiic within and for the County and State aforesaid, came Kathleen
L. Rose, Mayor of the City of Riverside, M issouri, 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.
'fl �
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 1�
day of December, 2012.
My Commission Expires:�puc� IS Notary Publi oC �c-G�iis.l��
ROBIN L. LITTRELL
Notary Public-Notary Seal
State of Missouri, Ray County
Commission # 11390631
My Commission Expires Mar 8, 2015
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Exhibit a-�
KCPL Easement
raNr a� ca�utr+ctMENr
NECa, Lof t, kEPLAIOFLOT U, 415T STREET
RIKR9DE HORIIONS EAS7 FlRST PLAT
LOT1
REPLAT OF LOT 13, 3
RIVERSIDEHORIZONS � °
EAST FIRST PLAT �� LOT i
S RIVERSIDEHORIZONS
INDUSTRIAL III EA57
S61'J4'J9"W
"Y o a T � 26.94'
1"=200' S56'44'09'W
� 13.85' � � / PpiN! OF BEGINNMC
/-'�
0 loo' 200' SJ136'S6'w i�.C,-
Plat Beerin%5 78.83'� : � �
52454'27�Wi // .�.� ' '
2I.90' `o
iranslormer PaA v v
POINi OF 1[RHINA710N �' �; ;
I
Descrio��on:
A 10.00 foot wide easement over a part of Lot 1, REPLAT OF LOT I3, RIVERSIDE HORIZONS EAST
FIRST PLAT, a subdivision in the Ciry of Riverside, Platte Counry, Missouri, according m the recorded
plat thereof, lying 5 feet on each side of the following described cemedine:
Commeucing at the Nonheast comer of said Lot l; thence wincident with the East line thereof, South
00 West, 8136 feet [o the POINT OF BEGINNING; thence depariing said East line, Sou�h
61 West, 26.94 feet thence South 56 West, 13.85 feet; thence South 31 Wes�, IR.83
feet; Ihence Swth 24 West, 1226 feet and there tertninating.
The wter boundary lines described above shall either be truncated or extendeA to terminate at the lines
which contain the points of beginning and terminus, and at angle points, as mt ro leave any areas ofvoid
orovedapping.
1 hereby certify ihat this real property descriptian has been prepared by me or under my direct supervision.
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P: i •� ' G�� '
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Michael Schmid[bergec
Missauri LS-2000143910
2224 Condolea Terr.
Leawood, KS 66209
(913) 334-8819 ,� Renaissance In �dSt(UCtUCC
Consulting (R• I • C)
11490 SttanR Llne Road I��ewy Kansas 66215 I
(913) 317�9500 I ��rc�ln[nsmau�en,m
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Exhibit a-2
KCPL Easement
POINi OF C0.NUENCEUEN!
NWCa, Lot 1, RIY£R9DE qiST STREET
HORIZONS INOUSiRIAI III EASL Pp�N! OF TERMINAlION
N. Line. Lot I
NOJ55J7'E �
fl41' �'�i',
LOT 1 '"�� -'�
ftEFLAT OF LOT 1$ � �
3 ,-'/,
RIVERSIDE HORIZONS ° � " '� '
EAST FIRST PLAT � o �y,G�'� ��i 439 E �
3
i° � �N6�
.'� / -'�
. - � -'
.-' � -'�
-.�".�'
PqNi OF BECJNNING
.y� LOT 1
1 ' o RIVERSIDE
�0 INDUSTRIAL III EAST
o mo' 100' - -
Plat Bearings W 3�
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Descnotion:
A 10.00 Coot wide easement over a part of Lot 1, RIVERSIDE HORIZONS INDUSTRIAL III EAST, a
subdivision in ihe Ciry of Riverside, Platte County, Missouri, acwrding to the recorded plat thereof, lying
5 feet on each side of the following described centedine:
Commencing at ihe Northwest comer of said Loi 1; thence coincident with the West line ihereof, South
00°24'10" West, 81.36 fee[ to the POINS OF BEGINNING; ihence departing said West line, North
61°34'39" East, 157.54 feer, thence North 03°55'37" Fast, 5.41 feet to a point on the North line of said Lot
1, and there termineting.
The outer boundary lines described above shall either be IruncateA or extendeA to terminate at the lines
which contain the points of beginning and tertninus, and at angle points, as not ro leave any areas o(void
orovedapping.
I hereby cenify that this real pmper[y description has been prepared by me nr under my direct supervision.
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Michael Schmidtberger
Missouri LS-2000143910
2224 Condolea Tem.
Leawood, KS 66209
(913)334-RR19 '� [�enaissance In�raswcture
C:onsulting (R•1•C�
I1490 Srtnng Line Road I��=wy K��sas 66215 I
(9131317�9500 I x . ninfrasrtuaurccom