HomeMy WebLinkAboutR-2013-097 Detention Basin Agreement RESOLUTION NO. R- 2013 -097
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
WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best
interest of the public to enter into an agreement relating to a regional storm water management
solution.
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 on behalf of the City; and
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 by the Board f Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the 79''tday of�p 1.x.)2013.
• • a q 9r L
Mayor Kathleen L. l Rose
• ATTEST:. . .
• n �
Rtibin.Littrelf, City Jerk
r
l •
Recorded in Platte County, Missouri
Recording Date/Time: 10/28/2013 at 09:41:42 AM
Instr Number: 2013016633 ,o'"“ OF Book: 1220 Page: 314 e
1 =
Type: DE AGMT ` • :
Pages: 14 e 7". ' r:
Fee: $60.00 E =°• .•., "-
IM 1111111111111111111111111111111111111 °
Grantor: FLEMING BABCOCK INC Gloria Boyer,
Grantee: RIVERSIDE CITY OF Recorder of Deeds
PLATTE COUNTY MISSOURI CERTIFICATION
RECORDER OF DEEDS
EXEMPT DOCUMENT
The Recorder of Deeds has added this page to your document per
compliance with State law under Exempt Status.
RSMo 59.310.4 (effective January 1, 2002)
Gloria Boyer
Recorder of Deeds
415 Third St., Suite 70
Platte City, MO 64079
This Page is Part Of The Document — Do Not Detach
`� c %fy aF kversidc am/0
Book 1 220 Pa 314
RESOLUTION NO. R- 2013 -097
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
WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best
interest of the public to enter into an agreement relating to a regional storm water management
solution.
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 on behalf of the City; and
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 by the Board f Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the 79 Iday of 2013.
• 6 / Ge
' O
Mayor Kathleen L. Rose
- _ATTEST:.
Robin;Littrell, City
Book 1220 Pa 314
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
1. Fleming's property will be referred to herein as "Fleming's Lot"; and
WHEREAS, Fleming is agreeable to compensating the City 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 1. A copy
of Riverside Horizons West First Plat is attached hereto as Exhibit 2 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. To assist in accommodating future development on Fleming's Lot, Horizons West
and the IDA agree that Fleming may utilize the Basin if it so chooses (instead of an on -site basin
located on Fleming's Lot) for storm water management, subject to the following:
a. Fleming shall pay the City the amount of Thirty-Four Thousand Dollars
($34,000) for a perpetual and irrevocable access and use right to the Basin in a
volume amount not -to- exceed 3.94 acre -feet.
b. The City will ensure that Fleming's access and use of the Basin will be in
accordance with good storm water engineering practices related to design and
construction. The Basin's design and construction specifications shall be
determined by the City, which it shall be obligated to undertake only after
receipt of the amount provided for in subsection a, at which time the City shall
use its reasonable efforts with respect to the timeliness of completing the
necessary design and construction. Conveyance of on -site storm water from
Fleming's Lot to the Basin shall be in accordance with the City's adopted
storm water regulations.
Book 1220 Pag 314
c. If, as a result of Fleming's future development, Fleming requires more than
3.94 acre -feet of Basin volume, then the City will determine in its sole
discretion — based upon engineering and financial feasibility - whether to
provide such additional Basin use and access and under what conditions.
2. 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.
3. 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.
4. 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.
5. 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.
Book_ 1220 Page 314
ACKNOWLEDGMENT — Fleming Babcock, Inc.
STATE OF MISSOURI )
ss.
COUNTY OF R \ )
ON THIS C)�� day of _c__ 2013, before me personally
appeared V x \2S \ eP 3' s (title) of Fleming Babcock,
Inc., the personescribed 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 R\arW County, the day and year last above written.
0 011 1 111 11,0,
(SEAL) `
. ..2° #'o , .J
!Commission #112771847::
Printed Name: ,ii i ,, Ix cvL{
Platte county Notary Public in and for said Se
% 1f9 ti ?tar `sg' . y Commissioned in %a\ County
.A . ",, OFSO e`;,"i
�'SS1on ExPi
My Commission Expires: t s \3 2 JCA5
Book 1 220 Page s 1 4
Fleming Babcock Inc.: City of Riverside, Missouri:
By: ijizo
BY: 'I t.,4_ a • IS i
Name: 77046tI# -5 Lae` 1&‘-ter Name: 44/ark i , 25
Title: / CI G,.. Title: % /may
Dated: /l7 /cf I 3 Dated: 4 ?--M-X5
By:
`) �/ 1 71
Gre P. €11s .Vity Administrator
Dated: / 0 ■ / a —i 7
The Industrial Development Authority of
the City of Riverside, Missouri: Horizons West Land, LLC:
�� /
BY•3, , _ By:
Name:3-66e Z \d Name: 4 As
Title: \;Le - Rce,A.e.u Title: AA •tl��
Dated: O � ' 2.O'3 Dated: /Via /
Book 1220 Page 314
ACKNOWLEDGMENT — City of Riverside, Missouri
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS \Quay of F , 2013, before me, personally appeared
the honorable Kathleen L. Rose to me personally 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 R\'a3 County, the day and year last above written.
(SEAL) `p Stn. W P 6'1
•
Commission # 11277184: 'rinte 0 14 ame: Sa�\\ (--...) �c ,st\QC
Platte county _ Notary Public in and for said State
'!Pt Y saa� J �y Commissioned in `� County
qr•.....
B81on ExpI`e
My Commission Expires: `iJPx'a,` —C \ 7
Book 1220 Page 314
ACKNOWLEDGMENT — The Industrial Development Authority of the City of Riverside,
Missouri
STATE OF MISSOURI )
ss.
COUNTY OF 'a,A\e_ )
ON THIS \ day of OC,ov2. j 2013, before me personally
appeared \ I ,c e Rce, ?e (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 \'e_ County, the day and year last above written.
c` W40,'
(SEAL) I • • ‘,/..
•
'Commission# 11277184= Platte County E Printed Name: 'h.. tom,
5 s' •ti a` ` No tary Public in and f 44 said St. e
�.�� •�� g otery ga. p`��; y \\,,��` �
C ‘,///, - , OF M ypt
1S' \ ��`� o ° Commissioned in County
- 900 :wolf lf05
My Commission Expires: \ m\f- -C \3 -) 6
Book 1220 Page 314
ACKNOWLEDGMENT — Horizons West Land, LLC
STATE OF MISSOURI )
�^\ ) ss.
COUNTY OF `SeC. )
ON THIS \Cr day of `,MOCit , 2013, before me personally
appeared �� c. e.\ kN., . g3 4, V (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 R\XQ County, the day and year last above written.
y
(SEAL) °6 "
n. _ 1
=commission 8 11 277184= a_"! "�"� / /
Platte County S '" Name: 4. • O TC& _ IL in
� •° Notary Public in and for A aid State -
S. gei.ary Se. • N \ n
O ° �i iO34 F MtgS ° ,,,< • p ^ y Commissioned in '�C County
/ , EEx l pir _ es ' NV'
ds ° °
My Commission Expires: \ Ctke( \3 2 ('A
Book 1 220 Pa 31
Exhibit 1 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.
Book 1220 Page 314
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.
E:oo k 1 220 Page 314
Exhibit 2 of Agreement
Riverside Horizons West First Plat
FINAL PLAT "„fR .
RIVERSIDE HORIZONS WEST FIRST PLAT tt z i
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