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HomeMy WebLinkAbout2008-094 - Release of EasementsBill No. 2008- 94 Ordinance No. 2008-94 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO EXECUTE RELEASES OF EASEMENTS WHEREAS, the City of Riverside (the "City") was the beneficiary of certain easements relating to certain street improvements, sidewalks, drainage improvements, sanitary improvements, and other utility improvements as described in the attached Release and Termination documents; and WHEREAS, it has been determined that such easements are not necessary; and WHEREAS, it is desirable for the City to release such easements; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE C:[T'1' OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The City of Riverside shall enter into the following documents in substantially in the form attached hereto (the "Releases") and the City is hereby authorized to execute and deliver the Releases, with such changes therein as shall be approved by the officers of the City executing the Agreement, such officers' signatures thereon being conclusive evidence of their approval and the City's approval thereof: a. Release And Termination Of Easement by the City of Riverside, Missouri for the benefit of The Industrial Development Authority of the City of Riverside, Missouri attached as Exhibit A. b. Release And Termination Of Easement by the City of Riverside, Missouri for the benefit of The Industrial Development Authority of the City of Riverside, Missouri attached as Exhibit B, Section 2. 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 deliver such documents and instruments as maybe necessary or desirable to carry out and comply with the intent of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed and Approved this ~ day of , 2008. Mayor Kathleen L. Rose ~~ STATE OF MISSOURI q COUNiY OF PLATiE SS / S ~ I CERTIFY iNSTRUMENi RECEIVED 1 ? a6 2008 AUG 22 A 9= 56 ° ~ ~ ~. 1-1 !1 .~ r --~ - "" Space Above for Recorder's Use Only DOCUMENT COVER SHEET TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: GRANTOR'S ADDRESS: GRANTEE: GRANTEE'S ADDRESS: LEGAL DESCRIPTION: REFERENCE BOOK & PAGE: 01223.E RELEASE AND TERMINATION OF EA MENT / ~DD~ T City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 641.50 The Industrial Development Authority of the City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 641.50 See attached Exhibit A Book 1111, Page 857 GO ~c --.J -o O ~D N 0 8K:1.127PG0920 RELEASE AND TERMINATION OF EASEMENT This RELEA~D TE INATION OF EASEMENT (the "Release") is made and entered into this / day of 2008, by The City of Riverside, Missourri, a political subdivision, and its success sand assigns (collectively, the "Grantor") for the benefit of The Industrial Development thority of the City of Riverside, Missouri, a political corporation organized and existing under the laws of the State of Missouri, and its successors and assigns ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of certain real property located in the County of Platte, State of Missouri, which property is legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"); and WHEREAS, the Grantor, pursuant to a Utility Easement dated September 26, 2007 and recorded at Book 1111, Page 857 of the Platte County Records (the "Easement"), is the holder of certain easement rights to use certain portions of the Burdened Property pursuant to the terms of such Easement; and WHEREAS, it is the purpose of Grantor to grant a full release of Grantor's interest, if any, in the Easement; NOW THEREFORE, in consideration of the sum of One Dollar and other valuable considerations paid by the Grantee, the receipt of which is hereby acknowledged, Grantor does by these presents CONVEY, REMISE, RELEASE AND FOREVER QUIT CLAIM unto the Grantee any and all of their right, title and interest in the Easement and the real estate under the Easement, and any and all rights to the use thereof, together with all rights and appurtenances belonging thereto. This Release and the attached exhibits collectively constitute the entire Release between Grantor and Grantee, and no other promises or representations shall be binding unless matte in writing and signed by Grantor and Grantee. The intent of this Release is to completely terminate the Easement and Grantor's use thereof, and to convey all interest of Grantor, if any, in and to the real estate situated under the Easement to Grantee. 2 3Ka; ~ 21PG092© IN WITNESS WHEREOF, this Release is executed by Grantor hereto as of the day and year above first written GRANTOR: Th City of Riversi a M' uri Kathleen L. Rose, Mayor .~ttest• i.. . ise Rusick, Ci Clerk STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this \°~ day of , 2008, before me appeared Kathleen L. Rose, to me personally known, who, by me emg duly sworn did say that she is the Mayor of the City of Riverside, Missouri, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated an as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the county or city and state aforesaid, the day and year last above written. ~~~uuu~u,,, ~`PQPH•wpQ~R~~~~ y ~,ouar sE,~ 9 ~ Notary Public Mr 3 ~K1~,127PG0920 012235 EXHIBIT A A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORrdER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE; OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1098.46 FEET; THENCE NOl°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 356.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S54°12'36"W, A DISTANCE OF 140.71 FEET; THENCE S80°38'56"W, A DISTANCE OF 82.08 FEET; THENCE N09°21'04"W, A DISTANCE OF 20.00 FEET; THENCE N80°38'56"E, A DISTANCE OF 77.38 FEET; THENCE N54°12'35"E, A DISTANCE OF 159.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,597 SQUARE FEET OR 0.1055 ACRES, MORE OR LESS. 4 /'J STATE Of MISSOURI SS _ COUHtY Of PLATTE 'y~!I CERTifY iN5TRUMEN"+ RECEIVED /j ~ a' 208 AUG 22 A 9~ 57 REC~RUEO 806~~ PG~~ Gl0 IA BOY~fR,.(P,I~A,~T~tE C/O~RECOROE ' 012236 W N ~..1 '~ GT O N Space Above for Recorder's Use Only DOCUMENT COVER SHEET TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: GRANTOR'S ADDRESS: GRANTEE: GRANTEE'S ADDRESS: LEGAL DESCRIPTION: REFERENCE BOOK & PAGE: RELEASE AND TERMINATION OF EASE ENT ~~ / The ' y of Riverside, Missouri / 2950 NW Vivion Road, Riverside, Missouri 64150 The Industrial Development Authority of the City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 64150 See attached Exhibit A Book 1111, Page 856 RELEASE AND TERMINATION OF EASEMENT This RELE~j.~E AND TE INATION OF EASEMENT (the "Release") is made .and entered into this day of by The City of Riverside, Missouri, a political subdivision, and its successors assigns (collectively, the "Grantor") for the benefit of 7Che Industrial Development Authority of the City of Riverside, Missouri, a political corporation organized and existing under the laws of the State of Missouri, and its successors and assigns ("Grantee"). WITNESSETH: cz~ ~c WHEREAS, Grantee is the owner of certain real property located in the County of Platte, State of Missouri, which property is legally described on Exhibit A attached hereto and "" incorporated herein (the "Burdened Property"); and 1V ..q WHEREAS, the Grantor, pursuant to a Utility Easement dated September 26, 2007 and 0 recorded at Book 1111, Page 856 of the Platte County Records (the "Easement"), is the holder of ~ certain easement rights to use certain portions of the Burdened Property pursuant to the term:. of ~ such Easement; and -- WHEREAS, it is the purpose of Grantor to grant a full release of Grantor's interest, if any, in the Easement; NOW THEREFORE, in consideration of the sum of One Dollar and other valuable considerations paid by the Grantee, the receipt of which is hereby acknowledged, Grantor does by these presents CONVEY, REMISE, RELEASE AND FOREVER QUIT CLAIM unto the Grantee any and all of their right, title and interest in the Easement and the real estate under the Easement, and any and all rights to the use thereof, together with all rights and appurtenances belonging thereto. This Release and the attached exhibits collectively constitute the entire Release between Grantor and Grantee, and no other promises or representations shall be binding unless made: in writing and signed by Grantor and Grantee. The intent of this Release is to completely terminate the Easement and Grantor's use thereof, and to convey all interest of Grantor, if any, in and to the real estate situated under the Easement to Grantee. 2 IN WITNESS WHEREOF, this Release is executed by Grantor hereto as of the day and year above first written Attest: Lou' a Rusick, City '"lerk STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this ~ day of -}~, 2008, before me appeared Kathleen L. Rose, to me personally known, who, by me being duly sworn did say that she is the Mayor of the Cit}~ of Riverside, Missouri, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated an as the free act and deed of said City. 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the county or city and state aforesaid, the day and year last above written. SARAH WAGNER NOTARY PUBLIC -STATE OF MISSOC- PLATTE COUNTY COMMISSION p (i'77165 W COUYISSION EXPinE3 11.13-L.; GRANTOR: The ity of Riversid~Missouri Kathleen L. Rose, ayor Notary Public 3 fV v c~°~ O ~D N . ., , O1223G EXHIBIT A A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP S0 NORTTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1496.98 FEET; THENCE NO1°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 218.23 FEET TO THE POINT OF BEGINNING; THENCE S80°34'03"W, A DISTANCE OF 113.80 FEET; THENCE N09°25'57"VW, A DISTANCE OF 20.00 FEET; THENCE N80°34'03"E, A DISTANCE OF 65.83 FEET; THENCE S09°21'04"E, A DISTANCE OF 5.96 =-- FEET; THENCE N80°38'56 "E, A DISTANCE OF 48.00 FEET; THENCE S09°21'04"E. A N DISTANCE OF 13.97 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,988 SQUARE FEET OR 0.0456 ACR)?S, MORE OR LESS. 4