HomeMy WebLinkAbout2008-106 - BNSF Railway\`~ ~ CS
BILL N0.2008-106 ORDINANCE NO. 2008 - 106
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE BNSF RAILWAY COMPANY FOR AN EASEMENT FOR THE HORIZONS
PARKWAY PROJECT
WHEREAS, the City of Riverside, Missouri ("City") has engaged in negotiations with
BNSF Railway Company. ("BNSF") for the acquisition of an easement necessary for the
construction of a bridge as part of the Horizons Parkway Project (the "Acquisition").
WHEREAS, the City and BNSF have reached an agreement concerning the provision of
an easement, and payment for such Acquisition.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City of Riverside is authorized to enter into an agreement whereby the City, for
the sum of Seven Thousand Four Hundred dollars ($7,400.00), shall acquire from BNSF an
easement for the benefit of the Missouri Highways and Transportation Commission,
approximately 100 feet in width, to locate, survey, construct, maintain, inspect, operate, protect,
and repair a bridge structure along a route specified in the agreement attached hereto as Exhibit
A (the "Agreement").
Section 2. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A„ is approved, and the Mayor, City Administrator and City staff are
authorized to execute such final Agreement and to take such other actions reasonably necessary
to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement
being conclusive evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this ~~d"ay of Septenber, 2008.
Mayor Kathleen L. Rose
ATT
C' y Clerk
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j S"iATE OP P9lSSOURI SS
COU~lTY OF PLATTE ,
~j d s I CERTfz"Y IhSiRUt9EFil RECEI!'ED
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RECOP.OEOEtOt~S~~~PO. ~~
OLORI 30YLR.PLA(IE CO.RECORDER
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CITY OF RIVERSIp~
CCO Form: RR19 Horizons Parkway, Platte County
Approved: 09/95 (MGB) MoDOT Job No. J411709B
Revised: 11/04 (BDG) City Job No. 7PW5974
Modified: 11/07 (DW)
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BNSF RAILWAY
COMPANY, a Delaware corporation (hereinafter "Grantor"), whose address is
2500 Lou Menk Drive, Forth Worth, Texas 76131, in consideration of Seven
Thousand, Four Hundred and no/100 Dollars ($7,400.00), and other good and
valuable consideration, the receipt of which Grantor hereby acknowledges, does
hereby remise, release and quitclaim unto the MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION (HEREINAFTER "Commission"), and the
CITY OF RIVERSIDE, MISSOURI, a municipal corporation (hereinafter, "City")
(collectively hereinafter, "Grantee"), subject to the terms and conditions hereinafter
set forth, an EASEMENT for the construction, maintenance and repair of a grade
separation structure to carry Horizons Parkway over the Grantor's mainline
railroad track, located at Milepost 7.00 upon the Grantor's St. Joseph Subdivision,
Nebraska Division, upon and across the following described premises, situated in
Platte County, State of Missouri, to-wit:
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND FOR PERMANENT BRIDGE EASEMENT
PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5,
TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY,
MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE
MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND 1-1/2 INCH PIPE
WITH NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-
61553; THENCE S00° 29'11"W ALONG THE WEST LINE OF SAID SOUTHWEST
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QUARTER, A DISTANCE OF 357.05 FEET TO A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
& SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S 65°23'28"E
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE 319.32
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 65°23'28"E
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 98.41
FEET; THENCE S 16° 06'40"W, A DISTANCE OF 101.11 FEET TO A POINT ON
THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID BURLINGTON
NORTHERN & SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE N 65°
23'28"W ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 98.41 FEET; THENCE N 16° 06'40"E, A DISTANCE OF 101.11 FEET TO THE
POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINING 0.2259 ACRES (9,841
SQUARE FEET) OF PERPETUAL EASEMENT, WHICH IS HEREBY GRANTED
TO THE CITY.
A TEMPORARY CONSTRUCTION EASEMENT TO THE ABOVE-DESCRIBED
PROPERTY IS HEREBY GRANTED TO THE CITY AND COMMISSION FOR A
PERIOD OF TWO YEARS AFTER THE DATE WHEN THE COMMISSION
EXECUTES THIS DOCUMENT, OR UNTIL THE COMPLETION AND
ACCEPTANCE OF THE GRADE SEPARATION STRUCTURE DESCRIBED
ABOVE, WHICHEVER OCCURS FIRST, AND THEREAFTER THE PROPERTY
RIGHTS IN THIS TEMPORARY EASEMENT TO THE CITY AND COMMISSION
SHALL CEASE AND BE NO LONGER IN EFFECT.
RESERVING, however, unto the Grantor, its successors and assigns, the
right to construct, maintain, use, operate, relocate, reconstruct and renew such
tracks and facilities as it may at any time, and from time to time, desire within the
limits of the land hereinbefore described, including the right and privilege to use
said land for any and all purposes, not inconsistent with the use thereof for
highway purposes.
ALSO RESERVING, however, unto the Grantor, its successors and
assigns, the right to construct, place, operate, maintain, alter, repair, replace,
renew, improve and remove communication lines above, below and on the surface
of the premises, including, without limitation, transmission by conduit, fiber optics,
cable, wire or other means of electricity, voice data, video, digitized information, or
other materials or information, including the right of ingress and egress in any such
manner as does not unreasonably interfere with Grantee's use of the premises for
said highway, and further reserving unto Grantor, its successors and assigns, all
right and privilege of ingress and egress to said premises as Grantor, its
successors and assigns may require to investigate and remediate environmental
contamination and hazards.
BNSF 07741 Riverside, MO 2
84t I' 13OPGO759
The foregoing easement is made subject to and upon the following express
conditions:
(1) The easement is subject to existing interests in the above-described
premises to whomsoever belonging and of whatsoever nature and any and all
extensions and renewals thereof, including but not limited to underground pipe line
or lines, or any type of wire line or lines, if any.
(2) Any and all cuts and fills, excavations or embankments necessary in
the construction, maintenance, or future alteration of said highway shall be made
and maintained in such manner, form and extent as will provide adequate
drainage of and from the adjoining lands and premises of the Grantor; and
wherever any such fill or embankment shall or may obstruct the natural and pre-
existing drainage from such lands and premises of the Grantor, the Grantee shall
construct and maintain such culverts or drains as may be requisite to preserve
such natural and preexisting drainage, and shall also wherever necessary,
construct extensions of existing drains, culverts or ditches through or along the
premises of the Grantor, such extensions to be of adequate sectional dimensions
to preserve the present flowage of drainage or other waters, and of materials and
workmanship equally as good as those now existing.
(3) The Grantee shall bear the cost of removal, relocation or
reconstruction of any and all right of way fences, telephone or telegraph poles, or
other facilities, the removal, relocation or reconstruction of which may be
necessary by reason of the use of said premises for said highway purposes.
(4) The Grantee shall, at its own cost and expense, make adjustment
with industries or other lessees of Grantor for buildings or improvements that may
have to be relocated, reconstructed or destroyed by reason of the construction and
maintenance of said highway on said premises.
(5) This instrument is granted according to the terms and conditions of
that Grade Separation Construction and Maintenance Agreement between the
Grantor and the Grantee for the project designated by the City as Horizons
Parkway Phase 2, and designated by the Commission as Job No. J411709B, and
made subject to the terms and conditions contained therein.
(6) The Grantee or its contractor(s) shall telephone Grantor to determine
if fiber optic cable is buried anywhere on the premises; and if so, the Grantee or its
contractor(s) will contact all affected telecommunications companies, and make
arrangements with each of these companies for protection of the fiber optic cable
prior to beginning any work on the premises.
BNSF 07741 Riverside, MO 3
5~ ! ! 30PG0759
(7) The conditions made applicable to the Commission under the
foregoing paragraphs (1) to (6) shall, after the completion of the above-described
grade separation structure, be applicable to the City only, and shall no longer be
applicable to the Commission.
(8) If at any time the use of the premises for the purposes of the
perpetual easement described herein should be abandoned or discontinued by the
Grantee, the easement over the premises shall thereupon cease and the Grantee
shall surrender or cause to be surrendered to the Grantor or its successors and
assigns, the peaceable possession of said described premises, and title to the
said premises shall remain in the Grantor, or its successors or assigns, free and
clear of all rights and claims of the Grantee and of the public for use and
occupancy of the premises.
(9) The Grantor does not warrant its title to said premises nor undertake
to defend the Grantee in the peaceable possession, use or enjoyment thereof; and
the grant herein made is subject to all outstanding rights or interest of others,
including the tenants and licensees of the Grantor.
(10) The Grantee shall not have exclusive possession of said premises.
The Grantor, for itself, its successors and assigns, lessees and licenses, reserves
all other rights to said premises not inconsistent with the rights and easement
herein granted. The Grantor also reserves the right for itself, its successors and
assigns, lessees and licenses to operate the existing railroad tracks or such other
railroad facilities as are necessary for the operation and maintenance of said
railroad tracks under, over, upon and across the same such additional tracks and
such other railroad facilities as are necessary for the operation and maintenance
of Grantor in the future; provided, however, that no building other than those of
fireproof construction shall be constructed and used within said premises and no
such building shall be constructed to a height greater than the elevation of a
horizontal plane which is eight (8) feet below the underside of the lower member of
City's highway structure and no facility shall be affixed to City's highway structures
without city's approval.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments
and appurtenances thereunto belonging to Grantees for public use and enjoyment
for the purposes aforesaid and for no other purpose whatsoever subject to the
terms and conditions hereinbefore stated.
BNSl 07741 Riverside, MO 4
8~ ! 130PG0759
IN WITNESS WHEREOF, the parties have entered into this Easement on
the date last written below.
Executed by the Railroad this 19tH day of p1 , 2008.
Executed by the City this ay of k fl i/11~GGe"/`~_-. , 2008.
Executed by the Commission this day of ~'1 Pl , 2008.
BNSF RAILWAY COMPANY
By
alen E, Wintermute
Title: Manager-Land Revenue
Management
CITY OF RIVERSIDE, MISSOURI
Title /~'CU.l~1~v
ATTEST:
BY {%~t~~?iL(~Geis~ ~'1L:~Zd'IlIJ~
Patricia Zbicho ~
Title: Assistant Secretary
Approved as to Form:
ATTEST:
By
Titl
Approved as to Form:
p~'e~~-_--'
Ordinance No o~~d,~ ~4~i'
BNSF 07741 Riverside, MO
3~ 1' 130PG0750
MISS~OIJR HIGHWAYS AND
TRA SPQR TON CO ION
By
Title ~ir~f ~[~
ATTEST:
By \ 5e~~ o ~1A --._.
Title the Commission
Approved as to Form:
~~~~
Counsel -~
RNSI% 07741 Riverside, MO 6
3~`F~I30PG0759
ACKNOWLEDGEMENT BY THE GRANTOR
STATE OF TEXAS
ss
COUNTY OF TARRANT )
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On this / ~ day of y , 2008, before me personally
appeared Dalen E. Wintermute, kno to me, who being by me duly sworn, did
say that he is the Manager -Land Revenue Management of BNSF Railway
Company, and that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors, and that he acknowledged said
instrument to be the free act and deed of said corporation and that it was executed
for the consideration stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and afFlxed my
official sal iyrffie county and stat~foresaid the day and year written above.
Not ry Public ~
My ommission Expires: ~~~ ~~~ 75
RHONDA BURTON
My Comm~sslon Expires
September 21, 2008
BNSF 07741 Riverside, MO
G~'l130~'G0759
ACKNOWLEDGEMENT BY CITY
STATE OF MISSOURI
COUNTY OF PLATTE
SS
On this ~b~ day of ~'~~7~eM'~ec 2008, before me
appeared ~cn~~\~~ ~. '~~ personally known to
me, who being by me duly sworn, did say that he/she is the
ct of the City of Riverside, Missouri, and that the foregoing
instrument s signed and sealed on behalf of the City of Riverside, Missouri, and
that he/she acknowledged said instrument to be the free act and deed of the City
of Riverside, Missouri, 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.
Notary Public
My Commission Expires: ~cn.,ec~ec ~~~ ~d\\
BNSF 07741 Riverside, MO
3~taEl30PG0/5g
015086
ACKNOWLEDGEMENT BY THE COMMISSION
STATE OF i ~ ~ )
ss
COUNTY ~~( )
On t is ~~- day of ~C~"D~/' , 2008, before me personally
appeared / h known to me, who being by me duly
sworn, did say at he/sue is the p~`n~~jr of the
Missouri Highways and Transportation Commission and the seal affixed to the
foregoing instrument is the official seal of that Commission and that the instrument
was signed in behalf of the Commission and by its authority and he/she
acknowledged said instrument to be the free act and deed of said Commission.
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.
~~~~.
Notary Public
My Commission Expires:
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~Y'P~~ LINDA K.CONNER
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