HomeMy WebLinkAboutR-2013-039 Fleming Babcock, Detention Basin, Sanitary Easement, Construction Easement RESOLUTION R- 2013 -039
A RESOLUTION APPROVING AN AGREEMENT WITH FLEMING BABCOCK, INC., THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AND
HORIZONS WEST LAND, LLC, REGARDING USE OF A DETENTION BASIN AND
DEDICATION OF RIGHT OF WAY FOR THE 41ST STREET AND HELENA ROAD PROJECT;
AND APPROVING AND ACCEPTING A PERMANENT SANITARY SEWER EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT IN CONNECTION THEREWITH
WHEREAS, the Board of Aldermen find it to be a public purpose and in the best interest
of the public to acquire certain property further described herein in connection with construction
and maintenance of the 41 Street and Helena Road Project;
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Board of Aldermen ( "Board ") approves the Agreement, in substantially the
form attached hereto as Exhibit A, with Fleming Babcock, Inc., and authorizes the Mayor to
execute the Agreement (and Right of Way Deed) on behalf of the City; and
FURTHER THAT the Board hereby approves and accepts the Permanent Sanitary
Sewer Easement and Temporary Construction Easement, in substantially the form attached
hereto as Exhibits B and C from Fleming Babcock, Inc.;
FURTHER THAT the Mayor, the City Administrator, the City Attorney and other
appropriate City officials are hereby authorized to 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,yy, the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the Siday of It 2013.
•C� .. �'i _A l - A j .-AL
- - or Kathleen L. Rose
ATTEST •
111.0 i ` � . . / /
Robin Littrell' City .Clerk
R- 2013 -039
AGREEMENT
This Agreement is made effective as of the date last signed by the parties by and between
Fleming Babcock, Inc. ( "Fleming "), 4106 NW Mattox Road, P.O. Box 681481, Riverside,
Missouri 64150; the City of Riverside, Missouri ( "City"), a Missouri municipality, 2950 N.W.
Vivion Road, Riverside, Missouri 64150; the Industrial Development Authority of the City of
Riverside, Missouri ( "IDA "); and Horizons West Land, LLC ( "Horizons West "), 6300 N. Revere
Drive, Suite 225, Kansas City Missouri 64151.
WHEREAS, Fleming owns real property west of Lot 5, Argo Innovation Park, east of the
planned Helena Road improvement, and south of the planned 41 Street improvement; and
WHEREAS, Fleming's property is unplatted and legally described as contained in Exhibit
2. Fleming's property will be referred to herein as "Fleming's Lot"; and
WHEREAS, the City has planned for certain improvements in conjunction with the 41
Street and Helena Road improvement project ( "Project "); and
WHEREAS, in order to effectuate the Project, certain right -of -way is needed from Fleming;
and
WHEREAS, Fleming is agreeable to donating such necessary Project right -of -way in
exchange for use of the detention basin ( "Basin "), which is located on Tracts A and B, Riverside
Horizons West First Plat, subject to conditions contained herein. Tracts A & B are legally described
as contained in Exhibit 2. A copy of Riverside Horizons West First Plat is attached hereto as
Exhibit C and incorporated herein. Horizons West owns Tract A; the IDA owns Tract B.
Now, therefore, in consideration of the respective convents and promises contained herein,
the parties agree as follows:
1. Fleming agrees to execute the Right of Way Deed, attached hereto in its substantial
form as Exhibit 1, and deliver the same to the City within three (3) business days following
execution of this Agreement, and the City agrees to accept the same.
2. To assist in accommodating future development on Fleming's Lot, Horizons West
and the IDA agree that Fleming may utilize the Basin (instead of an on -site basin located on
Fleming's Lot) for storm water management, subject to the following conditions:
a. Prior to the issuance of a City building permit pertaining to Fleming's Lot,
Fleming will submit to the City for its approval a storm water analysis with
calculations ( "Storm Water Report ") that includes but is not limited to
addressing pre - development and post - development runoff and release rates, the
Basin's existing detention volume, and the Basin's required storage volume as
necessitated by the proposed development of Fleming's Lot.
R- 2013 -039
b. The City shall review the Storm Water Report and make a final determination
with respect to whether and to what extent the Basin needs to be enlarged or
improved ( "Basin Improvements ").
c. The Basin Improvements shall be designed, engineered, constructed, and placed
into service in accordance with the ordinances of the City, including, but not
limited to, the City's Unified Development Ordinances then in effect at the time
the Basin Improvements are constructed, and any other applicable rules,
requirements and standards established by the City.
d. Any Basin Improvements determined by the City to be necessary shall be
constructed by Fleming at its expense. Prior to Fleming performing any Basin
Improvements, Fleming shall first submit construction plans sealed by a
Missouri registered engineer to the City Engineer for approval.
e. The contractor chosen by Fleming to perform the work shall be approved by the
City, which City approval shall not be unreasonably withheld. Fleming agrees
that it shall require that the contractor carry Workers' Compensation Insurance
(statutory amounts), and Commercial General Liability Coverage and
Automobile Liability Coverage in the aggregate amount of not less than
$2,000,000 for all claims arising out of a single accident or occurrence and
$1,000,000 for any one person in a single accident of occurrence, and to name
the City and the IDA as additional insureds.
f. The City may inspect the Basin Improvements, and, if such is in accordance with
City standards, accept the Basin Improvements. Upon the City's acceptance, the
City will be responsible for the Basin's maintenance and operation.
3. Fleming agrees to defend, indemnify and hold harmless the City, Horizons West,
and the IDA from all claims, suits or actions of every name, kind and description brought forth with
respect to the Basin Improvements, occurring by reason of anything done or omitted to be done by
the Fleming or its agents or contractors.
4. Fleming and its contractors shall comply with all applicable federal, state and local
laws, ordinances and regulations.
5. This Agreement shall be construed and governed in accordance with the laws of the
State of Missouri. The parties submit to the jurisdiction of the courts of the State of Missouri and
venue shall be proper only in Platte County.
6. The provisions of this Agreement shall be a continuing covenant running with the
land (i.e., Fleming's Lot, Tract A and Tract B, all as described in Exhibit 2) and shall be binding
upon the parties hereto and upon their assigns, transferees and successors in interest.
R- 2013 -039
7. Upon full execution by the parties, this Agreement shall be recorded by the City in
the Office of the Recorder of Deeds for Platte County, Missouri.
8. The provisions of this Agreement shall not be deemed to create any third party
benefit hereunder for any member of the public or to authorize any one, not a party hereto, to
maintain suit pursuant to the terms of this Agreement.
9. This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last signed
by the parties.
R- 2013 -039
Fleming Babcock Inc.: City of Riverside, Missouri:
By: B /_. , I ' i / '
Name: Name: l yL L .
Title: Title: /t (154517-5 ,p)
Dated: Dated:
The Industrial Development Authority of
the City of Riverside, Missouri: Horizons West Land, LLC:
By: By:
Name: Name:
Title: Title:
Dated: Dated:
R- 2013 -039
ACKNOWLEDGMENT — Fleming Babcock, Inc.
STATE OF MISSOURI )
) ss.
COUNTY OF )
ON THIS day of , 2013, before me personally
appeared (title) of Fleming Babcock,
Inc., the person described in and who executed the foregoing instrument on behalf of said company
and acknowledged to me that she/he executed the same with authority on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in County, the day and year last above written.
(SEAL)
Printed Name:
Notary Public in and for said State
Commissioned in County
My Commission Expires:
ACKNOWLEDGMENT — City of Riverside, Missouri
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS day of , 2013, before me, personally appeared
the honorable Kathleen L. Rose to me per ally known, who being by me duly sworn, did say
that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said
instrument was signed on behalf of said City of Riverside, Missouri by authority of its Board of
Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said
City of Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in - �jqcif rF County, the day and year last above written.
ROSIN L. LITTRELL c
Notary Public-Notary Sal Printed Name: L. ,L; -I4 r & l
State of %%SOW. Cloy Cooly
Commhuon 1 1131001 Notary Public in and for said State
C0nrissln *1 0•!011 Commissioned in PA A y County
My Commission Expires: ` t� c4 , I a..D /3 I
ACKNOWLEDGMENT — The Industrial Development Authority of the City of Riverside,
Missouri
STATE OF MISSOURI )
) ss.
COUNTY OF )
ON THIS day of , 2013, before me personally
appeared , (title) of The Industrial
Development Authority of the City of Riverside, Missouri, the person described in and who
executed the foregoing instrument on behalf of said entity and acknowledged to me that she/he
executed the same with authority on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in County, the day and year last above written.
(SEAL)
Printed Name:
Notary Public in and for said State
Commissioned in County
My Commission Expires:
ACKNOWLEDGMENT — Horizons West Land, LLC
STATE OF MISSOURI )
) ss.
COUNTY OF )
ON THIS day of , 2013, before me personally
appeared (title) of Horizons West
Land, LLC the person described in and who executed the foregoing instrument on behalf of said
company and acknowledged to me that she/he executed the same with authority on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in County, the day and year last above written.
(SEAL)
Printed Name:
Notary Public in and for said State
Commissioned in County
My Commission Expires:
Exhibit 1 of Agreement
Right of Way Deed
Title of Document: Right of Way Deed
Date of Document: May 2013
Grantor: Fleming Babcock, Inc.
4106 NW Mattox Road
PO Box 681481
Riverside, Missouri 64150
Grantee: City of Riverside
2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A
Return Document to: City of Riverside
Sarah Wagner
2950 NW Vivion Road
Riverside, Missouri 64150
RIGHT OF WAY DEED
THIS INDENTURE, made this day of , 2013, by and
between: FLEMING BABCOCK, Inc., whose address is 4106 NW Mattox Road, PO Box
681481, Riverside, Missouri 64150 GRANTOR, and the CITY OF RIVERSIDE, MISSOURI, a
Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150,
GRANTEE.
WITNESSETH, that the GRANTOR, in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration to it paid by the GRANTEE, the receipt and sufficiency
of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm
unto GRANTEE, its successors and assigns, a Right of Way for the construction, improvement,
reconstruction and maintenance of a right of way for public use as a street, roadway or
thoroughfare, including but not limited to, the construction, maintenance and use of conduits, water,
gas, sewer pipes, poles, wires, storm water drainage facilities, ducts, cables on, over, along, across,
and under the following described tract of land situated in Platte County, Missouri, to -wit:
See Exhibit A, attached
GRANTOR further states that it is lawfully seized of title to the land through which the
Right of Way is granted and that is has good and lawful right to convey the Right of Way to the
GRANTEE herein.
THIS GRANT and right of way shall, at all times be deemed to be and shall be, a continuing
covenant running with the land and shall be binding upon the successors and assigns of the
GRANTOR.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the GRANTEE and to its successors and
assigns forever.
IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this day
of , 2013.
GRANTOR: FLEMING BABCOCK, INC.
Printed Name:
STATE OFMISSOURI )
) SS:
COUNTY OF )
On the day of , 2013, before me appeared
to me personally known, who, being by
me duly sworn, did say that he /she is /are the of FLEMING
BABCOCK, Inc., a Corporation of the State of , and that the seal
affixed to the foregoing instrument is the corporate seal of said Corporation, and the said
instrument was signed and sealed in behalf of said Corporation by authority of its Board of
Directors; and said acknowledged said instrument to be the free
act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid the day and year last above written.
Notary Public
My commission expires:
Exhibit A of Right of Way Deed
Exhibit A
RighaOf•Way
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Exhibit 2 of Agreement
Description of Fleming's Lot, Tract A, and Tract B
Fleming's Lot
The North 652.84 feet of the South 677.84 feet of Lots 1 and 2 of the Partition Plat of the Estate
of George Roberts, Deceased, located in the East Half of Section 6, Township 50, Range 33,
more particularly described as follows, to wit:
Commencing at the Southwest corner of said Lot 1, which point is also the Southwest corner of
the Southeast quarter of said Section 6, Township 50, Range 33, thence North along the West
line of said Lot 1 and the West line of said Southeast quarter a distance of 677.84 feet, thence
east parallel with the South line of said Section 6, a distance of 1021.93 feet to a point on the
East line of said Lot 2 of said Partition Plat; thence South along said East line of said Lot 2 a
distance of 677.84 feet to a point on the South line of said Section 6; thence west along the South
line of said Lots 1 and 2 and the South line of said line of said Section 6, a distance of 1019.7
feet to the Point of Beginning, except the south 25 feet thereof.
Tract A
A tract of ground 25 feet in width described as follows: Commencing at the Northwest corner of
the Northeast Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet;
thence East along a line parallel to the North line of said Section 7 to the West right of way line
of Mattox Road; thence North along the West right of way line of Mattox Road to the North line
of Section 7; thence West along the North line of said Section 7 to the Point of Beginning.
And also:
A tract of ground 25 feet in width described as follows: Commencing at the Southwest corner of
the Southeast Quarter of Section 6, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence East along the South line of Lots 1 and 2 of Partition Plat of the George
Roberts Estate (located in the East %2 of Section 6, Township 50 North, Range 33 West) to the
Southeast corner of Lot 2 of said Partition Plat of George Roberts Estate, said point being the
right of way of Mattox Road; thence North along the East line of said Lot 2 of the Partition Plat
of the George Roberts Estate, 25 feet; thence West along a line parallel to the South lines of said
Lots 1 and 2 of the Partition Plat of the George Roberts Estate (which said South line runs along
the South line of Section 6) to the West line of Lot 1 of said Partition Plat of the George Roberts
Estate (which said West line runs along the North -South centerline of Section 6) thence South
along the West line of said Lot 1 of the Partition Plat of the George Roberts Estate to the Point of
Beginning.
Tract B
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter corner of said Section 7; thence
coincident with the North line of said Northeast Quarter, South 89 °24'06" East, 30.00 feet;
thence departing said North line, and parallel with the West line of said Northeast Quarter, South
00 °20'28" West, 25.00 feet to the Point of Beginning; thence parallel with the North line of said
Northeast Quarter, South 89 °24'06" East, 974.54 feet; thence South 00 °32'18" West, 143.00 feet;
thence parallel with the North line of said Northeast Quarter, North 89 °24'06" West, 974.04 feet;
thence parallel with the West line of said Northeast Quarter, North 00 °20'28" East, 143.00 feet to
the Point of Beginning, containing 139,324 square feet, or 3.198 acres, more or less.
Exhibit 3 of Agreement
Riverside Horizons West First Plat