HomeMy WebLinkAbout1316 KCP&L Permanent Utility Easement Horizons Industrial III BILL NO. 2014-044 ORDINANCE NO. te
AN ORDINANCE AUTHORIZING THE GRANTING OF A PERMANENT UTILITY EASEMENT
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO KANSAS CITY
POWER & LIGHT COMPANY FOR THE BENEFIT OF THE HORIZONS INDUSTRIAL III
PROJECT IN THE CITY OF RIVERSIDE, MISSOURI
WHEREAS, pursuant to that certain Lease Agreement between the City and Horizons
Industrial III, LLC ("Horizons") dated November 9, 2012 (the "Lease"), the City currently leases
to Horizons all of Lot 1, Riverside Horizons Industrial III East, a subdivision in the City of
Riverside, Platte County, Missouri, according to the recorded plat thereof ("Lot 1"), for the
project described in the Lease as Horizons Industrial III, LLC Project (the "Project"); and
WHEREAS, the Project requires the extension of certain Kansas City Power & Light
Company ("KCPL") electrical facilities to serve the Project; and
WHEREAS, Horizons and KCPL have approved plans for the installation of certain
electrical improvements within 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; 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, and the terms and
conditions of the Lease 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
KCPL in the form attached hereto and incorporated herein as Exhibit A (the "Easement').
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, and the terms and conditions of the Lease 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 KCPL is hereby approved to allow for the addition of electrical improvements onto
Lot 1 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 4841301.1
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City
of Riverside, Missouri, this 20th day of May, 2014.
�altd�y LX--"
athleen L. Rose, Mayor
ATTEST:
rK
Robin Uttrell,.,C# Clerk
Approved as to form:
n a
Sp ce ne Britt & Browne LLP
SoeciaLCo&sel to the City
by Joe Bednar
2 WA 4841301.1
EXHIBIT A
Easement
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S 5 sw /sw QQ/Q
T 50 Platte County
R 33 Missouri State
EASEMENT CONVEYANCE
Municipal -Missouri
THIS EASEMENT, made and entered into this day of May, 2014, by and
between City Of Riverside, Missouri, a fourth class city organized and existing under the laws
of the state of Missouri "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".
After recording mail to: KCP&L
Brad Rudler
Right of Way Dept. Northland
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 right, privilege and perpetual easement to enter upon the
lands of Grantor as described below, to survey, construct, operate, patrol, inspect, maintain, alter,
add wires, poles, cables, conduits, 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, lines 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 land more
particularly described as follows:
See Attached Exhibits A & B
This easement and rights granted herein will at all times be considered subordinate to any
public right of way.
(18931037/KCPLESMT/00820083;2}
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 easement 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 on the date first
above written.
City Of Riverside, Missouri
By:
Name: Kathleen L. Rose
Title: Mayor
Att
Robin Littrell, C# Clerk
ap/Date
SEAL:
P
(1893/037/KCPLESMT/00820083;2}
ACKNOWLEDGEMENT
On this day of 2014, before me, the undersigned, a Notary Public in and for the
County and State aforesaid, ersonally appeared Kathleen L. Rose, the Mayor of the City of
Riverside, Missouri, a fourth class city duly organized and existing under the laws of the state of
Missouri, known to me to be the person who executed the within instrument on behalf of said city
and acknowledged to me that she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year last above written.
ROBIN L.LITTRELL ) e
Notary Public
Notary,Pub4e•NotsrySnl
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WCMS 1 Xj L La-ft,LE/1
- Printed Name
My Commission Expires:
(1893/037/KCPLESMT/00820083;2
EXHIBIT A
Easement Legal Description
A tract of land located in and being part of Lot 1, RIVERSIDE HORIZONS INDUSTRIAL III EAST,
A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, according to the
recorded plat thereof:
Commencing at the Northwest corner of said Lot 1; thence coincident with the Northerly line
thereof, South 89 35'34" East, 121.74 feet to the POINT OF BEGINNING; thence the northern 15
feet of said Lot 1, continuing 25 feet east along the right of way to the POINT OF TERMINATION.
(1893/037/KCPLESMT/00820083;2
Ear r� k 122e P.y. g e 509
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 easement 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 on the date first
above written.
City Of Riverside, Missouri
By:
Name: Kathleen L. Rose
Title: Mayor
Att
\Robin Littrell, CoClerk
Date.
a
SEAL:
(1893/037/KCPLESMT/00820083;2)
et--7,k 1220 paa g e 609
ACKNOWLEDGEMENT
On this day ofz 2014, before me, the undersigned, a Notary Public in and for the
County and State aforesaid, ersonally appeared Kathleen L. Rose, the Mayor of the City of
Riverside, Missouri, a fourth class city duly organized and existing under the laws of the state of
Missouri, known to me to be the person who executed the within instrument on behalf of said city
and acknowledged to me that she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year last above written.
ROBIN h.1.1TTBELL Notary Public
IYotNy,PU011e-NoteY Sao
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CorMnipgii•UUM
II Printed Name
My Commission Expires: 1rh s1 l-5'
11893/037/KCPLESMT/00820083;2}
Book 1228 Paage 605'
EXHIBIT A
Easement Legal Description
A tract of land located in and being part of Lot 1, RIVERSIDE HORIZONS INDUSTRIAL III EAST,
A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, according to the
recorded plat thereof:
Commencing at the Northwest corner of said Lot 1; thence coincident with the Northerly line
thereof, South 89 35'34" East, 121.74 feet to the POINT OF BEGINNING; thence the northern 15
feet of said Lot 1, continuing 25 feet east along the right of way to the POINT OF TERMINATION.
{1893/037/KULESMT/00820083;2