HomeMy WebLinkAboutR-2012-166 Perm Utility Esmt KCPL -Horizons Industrial I RESOLUTION NO. R-2012-166
A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY
EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO
KANSAS CITY POWER 8 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 (HORIZONS INDUSTRIAL I
PROJECT)
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, LI.C.,
together with the City have approved plans from KCPL for installation of certain electrica�
improvements within the Project on Lots 4 and 5 of Riverside Horizons East First Plat; 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 easements 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 substantialiy 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;
RESOLUTION NO. R-2012-166
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 o�cers, 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 AI ermen and AP ROVED by the Mayor
of the City of Riverside, Missouri, thel� day of , 2012.
�
Ka leen L. Rose, Mayor
ATTEST: •
� S��cySt�C�L/'p >
obin Littre'll� Cify Clerk
' Approved as to Form:
, ., � ,
, 'i �
� an iompson, City Attorney
RESOLUTION NO. R-2012-166
EXHIBIT A
S _� QQ/Q
T �Platte County
R _�Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this xx�oc 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 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: 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 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 perpetuai easement being over, along, across and under the following
RESOLUTION NO. R-2012-166
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
GR,4NTEE 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: xxxxxxxxxxxx
Kathleen L. Rose, Mayor
AlTEST:
xxxxxxxxxxxx
Robin Littrell, City Clerk
RESOLUTION NO. R-2012-166
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
BE IT REMEMBERED, that on this xxx 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 duiy
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: xxx Notary Public xxxxxx
RESOLUTION NO. R-2012-166
EXHIBIT B
S _� QQIQ
T �Platte Caunty
R_�Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this xxxx day of xxxxxxxx ,
201 xx , 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 "KCP8�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 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
RESOLUTION NO. R-2012-166
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 ali 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 ail 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: XXXXX
Leland Finley, President
ATTEST:
XXXX)OOOCX
Sarah Wagner, Secretary
RESOLUTION NO. R-2012-166
ACKNOWLEDGEMENT
State of Missouri )
) SS:
County of Platte )
On this xxxx day of xxxxxxxx , 201 xx , 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 Ciry 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 a�xed my official seal
this xxx day of xxxxxxxx , 201 xx .
My Commission Expires: xxx Notary Public xxxxx
% � ��
�
Recorded in Platte County, Missouri
Recording Date�Time: 01/1512013 at 12:25:49 PM
Instr Number. 2013000831 '"""""
` �G OF p �� "_
Book:1204 Page:565
Type: DE ESMT : ¢�`. �:�' =
Pages: 4 ���, :Q'
Fee: $33.00 S :y�•, r o �
IIIIIIIIIII�IIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIII �t-C�UNT`�.asy•`
u��"
Granlor: RIVERSIDE MISSOURI CITV OF Gloria Boye
Granlee: KANSAS CITY POWER & LIGHT CO Recorder ol Deeds
S _� QQ/Q
T �Platte County
R _�Missouri State
EASEMENT CONVEYANCE
�
THIS EASEMENT, made and entered into this � 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 8� Light Company, a Missouri corporation whose mailing address is PO
Box 418679, Kansas City, MO. 64141-9679, and its and their a�liates, 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 valuabie consi deration, 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
a!I 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 nec essary 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 described
✓C� C�-y o� '��v�rs�r�C
�, e=v �_e ;._: 1 � i_i .�' t -i_ .� s_ � t.:J
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, ope ration 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 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 GRANTEE its lessees, licensee, successors or assigns forever. This easement
conveyance shall run with the land and shaii 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
� � B : �.� �
athleen L. Rose, Mayor
RTTEST:
�..
-n.-
Robin Littrell, City Clerk
. . ?_:.�._. �:: i :� 9-i -t � g. :� _= � r. =
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
BE IT REMEMBERED, that on this L2l 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 ��day
of December, 2012.
My Commission Expires:�_2o/S Notary Publie°�,o(�,�. o� .
ROBIN L. LITTRELL
Notary Public-Notary Seal
- State of Missouri, Ray County
Commission # ll390631
My Commission Expires Mar B, 2075
, . . � e_e e-e �-:_ � �� i� � i -_+_ o� Y v� _• =o
Exhibit A
KCPL Easement
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LOT4 _ �_
RIVERSIDEHORIZONS `
EAST FIRST PLAT _ POINT OF BEG�NNwC
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h ��TS
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'�' o R t� TR f fT \\��\ / EAST FIRST PLAT
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Plat Bearings SE Coq Lol 4, RIYER90E \
Descriptlon: HORIZONS EA57 RRSI PLAI
A 10.00 fwt wide easement over a part of Lot 4, RIVERSIDE HORIZONS EAST FIRST PLAT, a
subdivision in ihc City of Rivcrsidc, Platte County, Missouri, acco�ding to thc rworded plat thereof, lying
5 feet on each siAe of the £ollowing descnbed centerline:
Commencing at the Southeast comer of said Lot 4; thence coincident with the East line thereof, North
21 East, 38.88 feet to the POINT OF BEGItJNING; thence departing said Eas[ line, Nonh
67 West, 5 L03 £eeh, thence North 54 West, 11 J4 feet; thence North 29 W'est, 3]5
fcet to a point hereinafter referred ro as point "A' ; thence continuing North 29 West, 5.67 feet to
the Point of Tertnination.
The outec boundary lines described above shall either be hvncated or ex[euded to terminate a[ the lines
which contain Ihe points of beginning and tertninus, anA at angle points, as not to leave any areas of void
oroverlapping.
And...
A pan of said Lot 4, described as (ollows:
Beginning at seid point "A'; thence North 69°23'25" West, I1.00 fee[; thence North 20°36'35" East, 10.00
feet; thence South 69°23'25" East, 11,00 fter, thence Sou[h 20'36'35" West, 10.00 feet to the POINT OF
BEGINNMG.
I hereby certify ihat this real pmperty description has been prepared by me or under my direct supervision.
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