HomeMy WebLinkAboutR-2013-014 IDA Utility Easement to KCP&LRESOLUTION NO. R- 2013 -014
A RESOLUTION 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 (LOTS 2, 3, 5, 6 AND 7 RIVERSIDE HORIZONS EAST FIRST PLAT)
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 "Project ") 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 Lots 2, 3, 5, 6 and 7 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 the IDA; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City for the IDA 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 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 "A" 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.
RESOLUTION NO. R- 2013 -014
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor
of the City of Riverside, Missouri, the - 6 -4 k day of 7Yat4lL) 2013.
U f44-.6
kalhleen L. Rose, M yor
ATT T:.
Robin Llttrell, City Clerk
Approve as to Form:
Attorney
RESOLUTION NO. R- 2013 -014
EXHIBIT A
S _I QQ/Q
T 1 1 3 1atte County
R_1 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 "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 perpetual easement being over, along, across and under the following
RESOLUTION NO. R- 2013 -014
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibits A -1, A -2 and A -3
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: XXXXX
Leland Finley, President
ATTEST:
XXXXXXXXX
Sarah Wagner, Secretary
RESOLUTION NO. R- 2013 -014
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 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 xxx day of xxxxxxxx , 201 xx .
My Commission Expires: xxx Notary Public xxxxx
Exhibit A -1
KCPL Easement
Description:
A part of lots of Lots 2, 3, 5, 6 and 7, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the
City of Riverside, Platte County, Missouri, according to the recorded plat thereof, described as follows:
The Southerly 5.00 feet of said Lots 2, 3, 5, 6 and 7.
...And...
The Easterly 10.00 feet of said Lot 3.
...And...
The North 15.00 feet of the South 20.00 feet of the West 45.96 feet, of said Lot 2.
...And...
The North 15.00 feet of the South 20.00 feet of the East 71.33 feet of the West 77.95 feet of said Lot 3.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Easterly 71.33 feet of the Westerly 136.68 feet
of said Lot 5.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Westerly 51.33 feet of the Easterly 76.00 feet
of said Lot 5.
I hereby certify that this real property description has been prepared by me or under my direct supervision.
O F'M /S ' S �'
r -� NU R Ell
Michael Schmidtberger
Missouri LS- 2000143910
2224 Condolea Tea.
Leawood, KS 66209
(913) 334 -8819
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