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Home My WebLink AboutR-2014-018 IDA Grants Permanent Utility Easement to KCP&L for Horizons Business Park RESOLUTION NO. R- 2014 -018 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 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 interests in certain 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, 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. PASSED AND ADOPTED by ,y� oard of A � rm ,, enn a�nq APPROVED by the Mayor of the City of Riverside, Missouri, the /Xay of - f u � J , 2014. A / / /, • Kath een L. Rose, Mayor • ATTE$ 'tsar.) Robin Littrell, Cit C rk 3� Recorded in Platte CouMy, Miaeouri Recordinp Date/Time: 04I0712014 at 12:38:35 PM Inatr Number. 2014003373 �""""''�• `��`,W6oPOEp OFO�FO' eook: 1226 Pape: 423 ;�. "" N_ Type: DE ESMT , P�ger. 4 `p �¢: �� ` s�� ,..,,,,;,.��'�`` � ��%. CpUNT1 �'\b Granlar: INUUSTRIAL DEV AUTHORITY OF THE CIT... Glorl�Boyer, Crantee: KAN3A3 CITY POWER 6 LIGHT CO Reeorder ot Deeda S_� QQ/Q T �Platte County R_�Missouri State EASEMENT CONVEYANCE THIS EASEMENT, made and entered into this�'J�day of �a.-�"c�s , 2014, 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 8�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 "KCPSL". After recording mail to: KCPB�L Right of Way Dept. FSM-2 PO Box 478679 Kansas City, MO 64747-9679 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 ✓ Ci'}y o� �Qivtr.S,�t �a�v k: 1 :�-?.S Pa_q a_ ��3 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 ali 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 cuftivate, 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 GR,4NTEE are the personal property of GRANTEE and title to said lines and facilities shali 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 RIVERSID MISSOURI / � / � L� ^ �A��/ i By: -'�-`�-+- Leland Finley, President ATTEST: C / Sarah Wagner, ecret B.—�.=.F: 1 22E. F'-��7 E 423 ACKNOWLEDGEMENT State of Missouri) ) SS: County of Platte) On this�'�' day of �m.�. , 2014, 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, Missou�i 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 therei� expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and a�xed my official seal this��day of �ak� , 2014. My Commission Expires:�r�erlo�< U,�'� Notary Publi ``��*��H IWq��+��s : g`yovcy p'o`' E'q% 6�'�. `Carnmission X 11277184- _ Platte County = ' w;:.,�o ' � �:.yt�'•tary Ses��J��\�` cO��i��F MISS��\O^b ��ss°n�F.��res`>>��:Y Buah_- it='eS F'aq.� 423 Exhibit A-1 All that part of Lot 15, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision of land in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof, more particularly described as follows: Commencing at the Southeast comer of Lot 14, of said RIVERSIDE HORIZONS EAST FIRST PLAT; thence South 89°35'S0" East, 116.00 feet to a point on the Westerly line of said Lot ]5, RIVERSIDE HORIZONS EAST FIRST PLAT; thence South 00°24'10" West, coincident with said Westerly line, 19.57 feet to the Point of Beginning; thence departing said Westerly line, South 89°35'S0" East, I5.00 feet; thence South 00°24'10" West, 16.50 feet; thence North 89°35'S0" West, 4.52 feet; thence Southeasterly, along a curve to the left, said curve having a radius of 45.00 feet and a chord bearing of South 31°07'14" East, 35.42 feet, for a distance of36.40 feet; thence Southeasterly, along a tangent curve to the right, said curve having a radius of 145.00 feet, for a distance of 62.51 feet; thence Southerly, along a tangent curve to the right, said curve having a radius of205.00 feet, for a distance of214.67 feet; thence Southwesterly, along a tangent curve to the right, said curve having a radius of 145.00 feet, for a distance of 54.61 feet;thence South 51°58'S2" West, 30.21 feet thence Southwesterly,along a tangent curve to the left, said curve having a radius of 100.00 feet, for a distance ot29.08 feet thence South 35°19'00" West, 12839 feet thence Southwesterly, along a tangent curve to the right, said curve having a radius of318.00 feet, for a distance of 98.73 feet; thence Southwesterly, along a tangent curve to the left, said curve having a radius of256.00 feet, for a distance of91.44 feet; thence Southwesterly, along a tangent curve to [he left, said curve having a radius of 430.00, for a distance of25930 feet;thence South 14°40'30" East, 190.02 feet thence Southeasterly,along a curve to the left, said curve having a radius of 430.00 feet and chord bearing of South 39°46'26" East, 183.70 feet, for a distance of 185.13 feet thence NoRh 36°33'36" East, 4.61 feet; thence South 53°26'24" East, 16.00 feet; thence South 36°33'36" West, ]4.68 feet to a point on the Westerly line of said Lot 15; thence Northwesterly, coincident with said Westerly line, along a tangent curve to the right,said curve having a radius of 440.00 feet and a chord bearing of North 40°45'27" West, 204.89 feet, for a distance of206.79 feet; thence departing said Westerly line, North 14°40'30" West, 192.24 feet to a point on said Westerly line; thence, coincident with said Westerly line, along the following courses: Northeasterly, along a curve to the right, said curve having a radius of 440.00 feet and a chord bearing of North 15°17'31" East, 262.40 feet, for a distance of 266.45 feet; thence Northeasterly, along a tangent curve to the right, said curve having a radius of266.00, for a distance of95.01 feet; thence Northeasterly, along a tangent curve to the left, said curve having a radius of 308.00 feet, for a distance of95.63 feet; thence departing said Westerly line, North 35°19'00" East, 129.86 feet; thence Northeasterly, along a tangent curve to the right, said curve having a radius of ]00.00 feet, for a distance of29.08 feet; thence North 51°58'S2" East, 31.68 feet; thence Northeasterly, along a tangent curve to the left, said curve having a radius of 135.00 feet, for a distance of 50.84 feet; thence Northerly, along a tangent curve to the left, said curve having a radius of 195.00 feet, for a distance of204.20 feet; thence Northwesterly,along a tangent curve to the left, said curve having a radius of 135.00 feet, for a distance of58.20 feet; thence Northwesterly, along a tangent curve to the right, said curve having a radius of 55.00 feet, for a distance of 52.51 feet to a point on the Westerly line of said Lot 15;thence NoRh 00°24' 12" East, coincident with said Westerly line,9.97 feet to the Point of Beginning.