HomeMy WebLinkAbout1293 Temporary Construction Easement Grading, Sloping and Construction MO HWY 69 Project No. J4P2267 BILL NO. 2014- 020 ORDINANCE NO. /a ,?3
AN ORDINANCE AUTHORIZING THE GRANTING OF A TEMPORARY CONSTRUCTION
EASEMENT FOR GRADING, SLOPING, AND CONSTRUCTION, TO THE STATE OF
MISSOURI, ACTING BY AND THROUGH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION, FOR THE BENEFIT OF US HIGHWAY 69
WHEREAS, the State of Missouri, acting by and through the Missouri Highways and
Transportation Commission (the "Commission"), has plans for a bridge and road construction
project known as Highway Project No. J4P2267 (the "Project'); and
WHEREAS, the Project requires a temporary easement (the "Easement') over real
estate in Platte County, Missouri located in part of the South half of fractional Sections 8,
Township 50 North, Range 33 West for the purpose of grading, sloping, and construction; and
WHEREAS, the Commission has requested the City grant the Easement which will be
extinguished immediately at the completion of the Project; and
WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order
to further the objectives of industrial and economic development of the City, as well as in
furtherance of the objective to protect the health, safety, and welfare of the businesses and
citizens of the City for the City to grant said Easement to the Commission in substantially the
form attached hereto and incorporated herein as Exhibit A.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. APPROVAL OF EASEMENT. In order to further the objectives of industrial
and economic development of the City, as well as in furtherance of the objective to protect the
health, safety, and welfare of the businesses and citizens of the City, the granting of the
Easement, attached hereto and incorporated herein as Exhibit A, to the Commission is hereby
approved to allow for grading, sloping, and construction for the benefit of the Project.
Section 2. AUTHORITY GRANTED. The Mayor is authorized to execute and deliver
the Easement, and the City Clerk is authorized to attest thereto. The Mayor, the City
Administrator, the City Attorney, Special Counsel to the City and other appropriate City officials
are further authorized to take any and all actions as may be deemed necessary or convenient to
carry out and comply with the intent of this Ordinance 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.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and approval.
WA 4956624.1
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the BoardAldermen and APPROVED by the Mayor of the City
of Riverside, Missouri, this L day of l y � 2014.
Kathleen L. Rose, Mayor
-ATTEST:
Robin Littrell;Cty.Clerk
Approved as to form:
Spenc ne Britt & Browne LLP
Speci I C96nsel to the City
by Joe ednar
2 WA 4956624.1
EXHIBIT A
Temporary Easement Agreement
3
WA 4956624.1
CCO FORM: RW24 COUNTY: Platte
Approved: 06/96 (RMH) ROUTE: 69
Revised: 12/12 (AR) PROJECT: J4P2279
Modified: PARCEL: 7
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TEMPORARY EASEMENT FOR HIGHWAY PURPOSES
THIS INDENTURE, made this //2 day of 2014, by
and between The City of Riverside, a municipal corp ration, of the County of Platte,
and State of Missouri, 2950 NW Vivion Road, Riverside, Missouri, 64150, party of the
first part (grantor), and the State of Missouri, acting by and through the Missouri
Highways and Transportation Commission, 600 NE Colbern Road, Lee's Summit,
Missouri, 64086, party of the second part (grantee).
WITNESSETH, that the said party, of the first part, in consideration of the sum of
One Dollar and No/100 and Other Valuable Consideration ($1.00 & O.V.C.), to it
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does by these presents remise, release and quitclaim unto said party of the second
part, the following described temporary easement in real estate in the County of Platte,
State of Missouri, to wit:
Temporary Construction Easement
A temporary easement, for the purpose of grading, sloping and construction, which
includes all that part of grantor's property located in Part of the South Half of fractional
Sections 8,Township 50 North, Range 33West.
Commencing at the Northeast corner of said factional Section 8; thence N 88°50'02" W,
along the North line of said Section 8, a distance of 1094.98 feet to a point; thence S
00°30'01" W , a distance of 2066.76 feet to a point on the West right-of-way US 69 and
169 Highway Southbound as it now exists (219.59' Lt. BL Sta. 144+55.29), and the
point of beginning; thence continuing S 00°30'01" W, a distance of 479.42 feet(463.88'
Lt. BL Sta. 138+91.66); thence N 68°45'48" W, a distance of 68.54 feet (518.12' Lt. BL
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Sta. 139+41.89); thence S 71°00'17" W ,a distance of 1108.03 feet (1600.07' Lt. BL Sta.
145+16.96); thence N 55°13'33" W, a distance of 269.55 feet to the South right-of-way
line of Argosy Casino Parkway West (1684.07' Lt. BL Sta. 146+49.64); thence along
said South right-of-way line, on a curve to the left with a radius 492.00 feet, a chord
bearing of N 74°07'27" E and an arc distance of 130.09 feet to a point (1561.43' Lt. BL
Sta. 146+33.98 ); thence continuing along said South right-of-way line N 66°32'57" E, a
distance of 762.43 feet to a point (821.60' Lt. BL Sta. 145+24.37 ); thence continuing
along said South right-of-way line, on a curve to the left with a radius 492.00 feet, a
chord bearing of N 56°38'58" E and an arc distance of 170.02 feet to a point(653.17' Lt
BL Sta. 145+08.57 ); thence continuing along said South right-of-way line, N 46°44'58"
E, a distance of 290.48 feet (363.60' Lt BL Sta. 145+31.56 ); thence continuing along
said South right-of-way line, on a curve to the right with a radius 170.00 feet, a chord
bearing of N 74'12'21" E and an arc distance of 162.93 feet to a point (219.21' Lt. BL
Sta. 144+70.51 ); thence continuing along said South right-of-way line S 37116'34" E, a
distance of 15.23 feet to the POINT OF BEGINNING.
The above described parcel contains t 8.7 acres(380,390 sq. ft.).
The bearings used in this description are based on the Missouri State Plane Coordinate
System, West Zone,NAD 83.
Station and offset referenced to the construction baseline from MoDOT project #
J4P2279 Route 69; KDOT Project# 69-105 KA-2838-02.
TO HAVE AND TO HOLD the same, with all rights, privileges, appurtenances,
and immunities thereto belonging or in anywise appertaining, unto said party of the
second part, its successors and assigns; the said party of the first part hereby
covenanting that it is lawfully seized of an indefeasible estate in fee in the premises
from which temporary easement is herein conveyed; that it has good right to convey the
same.
The party of the second part's interest in this temporary easement will be
extinguished immediately at the completion of Highway Project No. J4P2267.
IN WITNESS WHEREOF, the said party of the first part has executed the above
the day and year
//first above written.
By: 2 �
(Signature)
k 47XIfe2tl Z - T1 D5�
^^ (Print Name)
2
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tri ACKNOWLEDGMENT BY CITY
STATE OF I I i S Sot �k, )
ss
COUNTY OF PlAe. )
On this J-9— day of 2014, before me appeared
e
Yia �en L . Vns� personally own to me, who being by me duly sworn, did
say that he/she is the (title) Maq 02 of the City of Riverside and that
the foregoing instrument was signed and sealed on behalf of the City of Riverside and
that he/she acknowledged said instrument to be the free act and deed of the City of
Riverside and that it was executed for the consideration stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid the day and year written above.
ROBIN L.LITTRELL
Notef MisWicr[.oterMay Cul
Siete of MleeouY; ClppCosnty
Notary Public Commiseior�# 11390631
My Commie0op Expires Mir 8.2015
My Commission Expires: 'M c $i a0%z-
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Recorded In Platte County, Missouri
Recording Date/Tlme: 04/17/2014 at 09:40:19 AM
Instr Number: 2014003798
Book: 1228 Pape: 841 `.``,�GOt�lR OR XN
Type: DE ESMT
Pages: 3 'a
Fee: $30.00S
Grantor: RIVERSIDE CITY OF Glorls Boyer,Y'
Grantee: MISSOURI HIGHWAYS 6 TRANSPORTATION ... Recorder of Deeds
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TEMPORARY EASEMENT FOR HIGHWAY PURPOSES
THIS INDENTURE, made this iCA day of hnck , 2014, by
and between The City of Riverside, a municipal corporation, of the County of Platte,
and State of Missouri, 2950 NW Vivion Road, Riverside, Missouri, 64150, party of the
first part (grantor), and the State of Missouri, acting by and through the Missouri
Highways and Transportation Commission, 600 NE Colbern Road, Lee's Summit,
Missouri, 64086, party of the second part (grantee).
WITNESSETH, that the said party, of the first part, in consideration of the sum of
One Dollar and No/100 and Other Valuable Consideration ($1.00 & O.V.C.), to it
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does by these presents remise, release and quitclaim unto said party of the second
part, the following described temporary easement in real estate in the County of Platte,
State of Missouri, to wit:
Temporary Construction Easement
A temporary easement, for the purpose of grading, sloping and construction, which
includes all that part of grantor's property located in Part of the South Half of fractional
Sections 8, Township 50 North, Range 33 West.
Commencing at the Northeast corner of said factional Section 8; thence N 88°50'02" W,
along the North line of said Section 8, a distance of 1094.98 feet to a point; thence S
00°30'01" W , a distance of 2066.76 feet to a point on the West right-of-way US 69 and
169 Highway Southbound as it now exists (219.59' Lt. BL Sta. 144+55.29), and the
point of beginning; thence continuing S 00°30'01" W, a distance of 479.42 feet(463.88'
Lt. BL Sta. 138+91.66); thence N 68°45'48" W, a distance of 68.54 feet (518.12' Lt. BL
Sta. 139+41.89); thence S 71°00'17" W ,a distance of 1108.03 feet(1600.07' Lt. BL Sta.
145+16.96); thence N 55°13'33" W, a distance of 269.55 feet to the South right-of-way
line of Argosy Casino Parkway West (1684.07' Lt. BL Sta. 146+49.64); thence along
said South right-of-way line, on a curve to the left with a radius 492.00 feet, a chord
bearing of N 74°07'27" E and an arc distance of 130.09 feet to a point(1561.43' Lt. BL
1
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Bao k 1225 Page 841
Sta. 139+41.89); thence S 71°00'17" W ,a distance of 1108.03 feet(1600.07' Lt. BL Sta.
145+16.96); thence N 55013'33" W, a distance of 269.55 feet to the South right-of-way
line of Argosy Casino Parkway West (1684.07' Lt. BL Sta. 146+49.64); thence along
said South right-of-way line, on a curve to the left with a radius 492.00 feet, a chord
bearing of N 74°07'27" E and an arc distance of 130.09 feet to a point (1561.43' Lt. BL
Sta. 146+33.98 ); thence continuing along said South right-of-way line N 66°32'57" E, a
distance of 762.43 feet to a point (821.60' Lt. BL Sta. 145+24.37 ); thence continuing
along said South right-of-way line, on a curve to the left with a radius 492.00 feet, a
chord bearing of N 56°38'58" E and an arc distance of 170.02 feet to a point(653.17' Lt
BL Sta. 145+08.57 ); thence continuing along said South right-of-way line, N 46°44'58"
E, a distance of 290.48 feet (363.60' Lt BL Sta. 145+31.56 ); thence continuing along
said South right-of-way line, on a curve to the right with a radius 170.00 feet, a chord
bearing of N 74112'21" E and an arc distance of 162.93 feet to a point (219.21' Lt. BL
Sta. 144+70.51 ); thence continuing along said South right-of-way line S 37°16'34" E, a
distance of 15.23 feet to the POINT OF BEGINNING.
The above described parcel contains t 8.7 acres(380,390 sq. ft.).
The bearings used in this description are based on the Missouri State Plane Coordinate
System, West Zone,NAD 83.
Station and offset referenced to the construction baseline from MoDOT project #
J4P2279 Route 69; KDOT Project# 69-105 KA-2838-02.
TO HAVE AND TO HOLD the same, with all rights, privileges, appurtenances,
and immunities thereto belonging or in anywise appertaining, unto said party of the
second part, its successors and assigns; the said party of the first part hereby
covenanting that it is lawfully seized of an indefeasible estate in fee in the premises
from which temporary easement is herein conveyed; that it has good right to convey the
same.
The party of the second part's interest in this temporary easement will be
extinguished immediately at the completion of Highway Project No. J4P2267.
IN WITNESS WHEREOF, the said party of the first part has executed the above
the day and year first above written. Q
By: _2��-
(Signature)
(Print Name)
2
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Book 1226 Page 841
ACKNOWLEDGMENT BY CITY
STATE OF m 1 S&OWL, )
ss
COUNTY OF PloiL )
On this y� j9 day of 2014, before me appeared
�een l Koss personally own to me, who being by me duly sworn, did
say that he/she is the (title) May e of the City of Riverside and that
the foregoing instrument was signed and sealed on behalf of the City of Riverside and
that he/she acknowledged said instrument to be the free act and deed of the City of
Riverside and that it was executed for the consideration stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid the day and year written above.
RopkiLAITTRELL
�O MMKY,.Poblie-Notary Sul
two of,Mlttouri;'Clay Cauory
Notary Public Commis&"r 11990631
COMMMbd0li E000 Mir 8,2015
My Commission Expires: i�B��OI6-
3
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