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HomeMy WebLinkAboutR-2014-017 KCP&L Permanent Utility Easement Horizons Business Park - Chapter 100 RESOLUTION NO. R- 2014 -017 A RESOLUTION AUTHORIZING THE GRANT OF A PERMANENT UTILITY EASEMENT TO KANSAS CITY POWER AND LIGHT COMPANY; AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO 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, 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 City; and WHEREAS, the Board of Aldermen find it is in the best interest of the City 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 Board of Aldermen hereby authorizes and approves the execution of the Easement Conveyance between Kansas City Power & Light Company and the City 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. PASSED AND ADOPTED by t1) and of L I [ �- enema d APPROVED by the Mayor / of the City of Riverside, Missouri, the 5 ay of �( , 2014. Ka leen L. Rose, Mayor An Robin Littrell, City Clerk Approved as to Form: Paul A. Campo, 'ity Attorney Recorded in Platte County, Missouri Recording Date/Time: 03/21/2014 at 10:52:47 AM Instr Number: 2014002740 110 ,`,GOP'DER Op��,- Book: 1225 Page: 795 Type: DE ESMT Pages: 4 `�: • - Fee: S33.00 S NINN�I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII U;V, ' Grantor: RIVERSIDE MISSOURI CITY OF TdJ Gloria Boyer, Grantee: KANSAS CITY POWER& LIGHT CO Recorder of Deeds S_i QQIQ T [Platte County R_[Missouri State EASEMENT CONVEYANCE THIS EASEMENT, made and entered into this day of �r opt �� 2014, by and between 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 \-J� A\ 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 described lands situated in the County of Platte, in the State of Missouri, said easement more particularly described as follows: E:oo k 1 225 Page 795 RESOLUTION NO. R-2014-017 described lands situated in the County of Platte, in the State of Missouri, said easement more particularly described as follows: See attached Exhibit AA 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. CITY OF RIVERSIDE, MISSOURI: By: n L. Rose, Mayor ATTEST: Robin Littrell, Ci Clerk Bc.ok 1225 Page 795 ACKNOWLEDGEMENT State of Missouri ) SS: County of Platte ) On this /8— day of_ CUI C� , 2014, before me a Notary Public, appeared Kathleen L. Rose, 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 she is the Mayor of the City of Riverside, Missouri and that she executed the same on behalf of the Board of Aldermen of said city and by authority thereof and acknowledged said instrument to be the free act and deed of said city for the purposes therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this_Zj day of j4 n 6, 2014. My Commission Expires: 3-8-/S Notary Pub' ROBIN L. LITTRELL Notary Public-Nobly Bast State of Missouri,0*CwAty coarow wit•11.390831 Mi cotMMstift Mfr t,2015 B cD,D k 1225 Pa. g e 795 Exhibit A-1 A strip of land 10.00 feet in width being part Lot 17, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of Riverside,Platte County, Missouri, according to the recorded plat thereof, lying 5.00 feet on each side of the following described centerline: Commencing at the Northern most Northeast comer of said Lot 1;thence Southwesterly, coincident with the Easterly line of said Lot 1, along a curve to the right,said curve having a radius of 440.00 feet,and a chord bearing of South 29°05'32" West, 18.61 feet,a distance of 18.61 feet to the POINT OF BEGINNING;thence departing said Easterly line,North 78000116" West, 232.99 feet and there terminating. The outer boundary lines described above either be truncated or extended to terminate at the lines which contain the points of beginning and terminus,and at angle points, as not to leave any areas of void or overlapping. RESOLUTION NO. R- 2014 -017 EXHIBIT A s 1 QQ/Q T (Platte County R _ Missouri State EASEMENT CONVEYANCE THIS EASEMENT, made and entered into this xxxx day of xxxxxxxx 2014, by and between 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- 2014 -017 described lands situated in the County of Platte, in the State of Missouri, said easement more particularly described as follows: See attached Exhibit A -1, 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. CITY OF VERSIDE, MISSOURI: By: lteAKI1 : 1 Kathleen L. Rose, Mayor ATTEST: s .1 _ ��i , . r 'Robin Littrell, Ci y Clprk RESOLUTION NO. R- 2014 -017 ACKNOWLEDGEMENT State of Missouri SS: County of Platte ) On this day of , 2014, before me a Notary Public, appeared Kathleen L. Rose, 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 she is the Mayor of the City of Riverside, Missouri and that she executed the same on behalf of the Board of Aldermen of said city and by authority thereof and acknowledged said instrument to be the free act and deed of said city for the purposes therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this _ _ day of , 20114. My Commission Expires: Notary Public RESOLUTION NO. R- 2014 -017 Exhibit A -1 A strip of land 10.00 feet in width being part Lot 17, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof, lying 5.00 feet on each side of the following described centerline: Commencing at the Northern most Northeast comer of said Lot 1; thence Southwesterly, coincident with the Easterly line of said Lot 1, along a curve to the right, said curve having a radius of 440.00 feet, and a chord bearing of South 29 °05'32" West, 18.61 feet, a distance of 18.61 feet to the POINT OF BEGINNING; thence departing said Easterly line, North 78 °00'16" West, 232.99 feet and there terminating. The outer boundary lines described above either be truncated or extended to terminate at the lines which contain the points of beginning and terminus, and at angle points, as not to leave any areas of void or overlapping.