HomeMy WebLinkAbout1317 Easement to Kansas City for Sewerage Improvements Horizons Industrial II BILL NO. 2014-045 ORDINANCE NO. 317
AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANTING OF AN EASEMENT
FOR THE LOCATION, CONSTRUCTION, RECONSTRUCTION, MAINTENANCE,
OPERATION , AND REPAIR OF SEWERAGE IMPROVEMENTS TO THE CITY OF KANSAS
CITY, MISSOURI FOR THE BENEFIT OF THE HORIZONS INDUSTRIAL II PROJECT IN THE
CITY OF RIVERSIDE, MISSOURI
WHEREAS, pursuant to that certain Lease Agreement between the City and Horizons
Industrial II, LLC ("Horizons") dated September 14, 2012 (the "Lease'), the City currently leases
to Horizons all of Lot 1, Riverside Horizons East First Plat, a subdivision in Riverside, Platte
County, Missouri, according to the recorded plat thereof, recorded March 9, 2012, as Document
No. 2012003467, in Plat Book 21 at Page 10 ("Lot 1"), for the project described in the Lease as
the Horizons Industrial ll, LLC Project (the "Project"); and
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
('IDA") currently owns all of Lot 3, Riverside Horizons East First Plat, a subdivision in the City of
Riverside, Platte County, Missouri, according to the recorded plat thereof, recorded March 9,
2012, as Document No. 2012003467, in Plat Book 21 at Page 10 ("Lot 3") which abuts Lot 1;
and
WHEREAS, the Project requires the granting of an easement to the City of Kansas City,
Missouri ("KCMO") over portions of Lot 1 and Lot 3 for the location, construction, reconstruction,
maintenance, operation, and repair of sewerage improvements and any and all appurtenances
incidental thereto to serve 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, 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 and the IDA to grant said
easement to KCMO 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 BEST INTEREST OF THE CITY - APPROVAL AND DIRECTION FOR
GRANT OF EASEMENT. It is in the best interest 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 the Easement to KCMO as to Lot 1 and
for the IDA to grant the Easement to KCMO as to Lot 3, in the form attached hereto as Exhibit
A, and such Easement is hereby approved to allow for the location, construction, reconstruction,
maintenance, operation, and repair of sewerage improvements and any and all appurtenances
incidental thereto to serve the Project, and further, that the IDA is directed to execute and
deliver the Easement on behalf of the IDA as the owner of Lot 3.
Section 2. AUTHORITY GRANTED. The Mayor is authorized to execute and deliver
the Easement on behalf of the City as the owner of Lot 1, and the City Clerk is authorized to
WA 5164730.1
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.
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 201h day of May, 2014.
Ka leen L. Rose, Mayor
� P
ATTEST:
Robin Littr6%,C4Jerk,
Approved as to form:
Spen ane Britt & Browne LLP
Sp ounsel to the City
by Joe Bednar
2 WA 5164730.1
EXHIBIT A
Easement
3 WA 5164730.1
Title of Document: SANITARY SEWER EASEMENT
Date of Document: May , 2014
Grantors: City of Riverside,Missouri;and
The Industrial Development Authority of the City of
Riverside, Missouri
Grantors' Address: 2950 N.W.Vivion Road
Riverside,Missouri, 64150
Grantee(s)Name and Address: CITY OF KANSAS CITY, MISSOURI
ATTN: Director of City Planning&Development
414 East 121i Street
Kansas City,MO 64106
Legal Description/Address: See Exhibit A
Book and Page Reference: N/A
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF RIVERSIDE, MISSOURI, and THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, hereinafter collectively referred to as the
GRANTORS, for and in consideration of one dollar($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, do hereby grant, remise, release and forever quitclaim unto the CITY OF
KANSAS CITY, MISSOURI, a Missouri municipality, hereinafter called GRANTEE(414 East 12th Street,
Kansas City, Missouri, 64106), an easement for the location, construction, reconstruction, maintenance,
operation and repair of sewerage improvements and any and all appurtenances incidental thereto in, under,
upon,over and through the following-described tracts of land lying,being and situate in the City of Riverside,
Platte County,Missouri,to-wit:
SEE ATTACHED EXHIBIT A
By the granting of this easement, it shall not be construed to prohibit GRANTORS from developing
any adjoining property or from the laying out, establishing and constructing pavement, surfacing of
roadways, curbing and gutters along, upon, over or across said easement or any portion thereof; provided,
however, said easement shall be kept free from additional depth of overburden, buildings, and any other
structure or obstruction (except sidewalks, roadways pavement, grass, shrubs, fences, or curbs), which will
interfere with GRANTEE in entering upon said adjacent land and easement for the purpose of laying,
constructing, reconstructing, operating, repairing and maintaining such sewerage improvements and
appurtenances.
GRANTORS further state that they are lawfully seized of any indefeasible title in fee to the lands
through which said easement is granted, and that they have good and lawful title and right to convey said
easement to GRANTEE.
[The remainder of this page intentionally left blank.]
IN TESTIMONY WHEREOF, GRANTORS have hereunto set their hands and seals this
day of 2014.
GRANTORS:
City of Riverside,Missouri
By: GT E tE/j�
Name: Kathleen L.Rose
Title: Mayor
�A�ttest:
Robin Littrell, ity Clerk
T r
The Industrial Development Authority of the
' City of Riverside,Missouri
By:
Name:
Title:
Attest:
Sara agner, cre
2
ACKNOWLEDGEMENT
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this day of 2014, before me, the undersigned, a Notary Public in and for the County
and State aforesaid, personally 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 WHEREq&diha$F�hereunto set my hand and affixed my official seal,the day and year last
above written. WAG
,.yP o aiy P44;..F9
Commission#11277184-
Platte County
°re�y.`...s9 Jam:�" �5e�-m cC
Printed Name
on'ExPIte9,1;
My Commission Expires: V4Cxg )C)a \3 2D5
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this day of 2014, before me, the undersigned, a Notary Publip,in and for the County
and State aforesaid, personally appeared N jL\" S,c>1 ) the Qom: of The Industrial
Development Authority of the City of Riverside, Missouri, kn "own to me to be the person who executed
the within instrument on behalf of The Industrial Development Authority of the City of Riverside,
Missouri and acknowledged to me that he/she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I h%ye hereunto set my hand and affixed official seal,the day and year last
�y1111 h%ye
above written. -' 0WgGy''.,,
a ss"-" iy Pob
-A°Inln(taion#11277184E Notary Public
9 Platte county __
01
s,'4OjA OFi M1 SS ,\�Ew� Printed Name
,�o`n-Expi
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My Commission Expires: C\''f 206
3
Exhibit A
Sanitary Sewer Easement
All that part of Lot 3,RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the City of
Riverside,Platte County,Missouri,being more particularly described as follows:
Commencing at the Southwest comer of said Lot 3;thence coincident with the South line of said Lot 3,
South 89°35'34" East,96.25 feet;thence continuing along said South line,along a tangent curve to the
right,said curve having a radius of 414.00 feet and a central angle of 04°57'00",for a distance of 35.77
feet to the Point of Beginning;thence departing said South line,North 07°45'32"East,27.25 feet;thence
South 89035'33"East, 182.35 feet;thence North 0902'41"East, 163.17 feet;thence South 80°57'19"East,
2.50 feet;thence North 09°02'41"East,84.46 feet;thence North 00'24'19" East,213.08 feet;thence North
89°35'34"West,329.97 feet;thence North 00°24'24"East,20.00 feet to a point on the North line of said
Lot 3,RIVERSIDE HORIZONS EAST FIRST PLAT;thence coincident with said North line,South
89°35'34" East, 354.97 feet;thence departing said North line, South 00°24'19"West,234.97 feet;thence
South 09°02'41"West, 86.35 feet;thence South 80057'19"East,2.50 feet; thence South 09°02'41"West,
162.23 feet to a point on the Southeasterly line of said Lot 3,RIVERSIDE HORIZONS EAST FIRST
PLAT;thence coincident with said Southeasterly line,South 21°54'55"West,28.40 feet;thence departing
said Southeasterly line,North 89°35'33"West, 175.36 feet;thence South 07°45'32"West,0.70 feet to a
point on the South line of said Lot 3,RIVERSIDE HORIZONS EAST FIRST PLAT;thence Westerly,
coincident with said South line,along a curve to the left,said curve having a radius of 414.00 feet,and a
chord bearing of North 82°33'59"West, 30.00 feet,for a distance of 30.01 feet to the Point of Beginning.
And also...
All that part of Lot 1,RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the City of
Riverside,Platte County,Missouri,being more particularly described as follows:
Commencing at the Southeast comer of said Lot 1;thence coincident with the South line of said Lot 1,
North 89°35'34"West,385.95 feet to the Point of Beginning;thence continuing along the South tine of
said Lot 1;North 89°35'34"West,25.00 feet;thence departing said South line,North 00°24'24"East,
12.69 feet;thence South 89035'34"East,25.00 feet;thence South 00024'24"West, 12.69 feet to the Point
of Beginning.
Sheet f of 3
Renaissance Inkd&ucture
Consulting CR'I'C>
11490 Strang Line Road I Lenexa,Kansas 66215
(913)317-9500 1 w .teninfrastructurexom
Exhibit A
Sanitary Sewer Easement
41 S89'35347E N. LINE, LOT 3
a• 354.97'
Ng
----------------------------------------
g 329.97' I
N893534'W
I I
1 I
I 1
I I
' I 3
W
I I
q• I 'O'\i^
yV'?j INo
$Ni I N
I '
I '
I '
I
O R T it* 25' SS,&
1"=100' ' I
® II
0 50' 100' W
Plat Bearings I S0902'41'W
N jgl ; 86.35'
S80"37"19Eoro; ; 580'57'19 E
LOT 3 2.50' i ; 2.50'
RIVERSIDE HORIZONS
EAST FIRST PLAT ;I
.a 7.I i• 3
NOT4532"E
27.25'
I I h
I I
I I
POINT OF BEGINNING S6'3�3 E ( I
S89'3534'E r___________
_____
96.25' 1 30' SS/E S213455"W
____________ _______ 28.40'
POINT OF 175.36'
L=35.77
COMMENCEMENT—
OMMENCEMENT N8935'33"W
SW. CORNER, LOT 3 R=414.00' 507`4532"W �SE LINE, LOT 3
A=457'00"
0.70"
L=30.01'
R=414.00' S. LINE, LOT 3
C8=N82 33'59'W
CL=30.00'
se.t z of 7
Renaissance In{rastru we
Consulting CR•I•C)
11490 Strang Line Road I Lenexa,Kansas 66215 1
(913)317-9500 1 w .reninfastrucrure.corn
Exhibit A
Sanitary Sewer Easement
LOT 1
RIVERSIDE HORIZONS
EAST FIRST PLAT
5893534 E
NOO24'24"E 25.00' S007424"W POINT OF COMMENCEMENT
1269'�i� SSE' V�1269' SE. CORNER, LOT I
25.00' 385.95'
S. LINE, LOT i N893534"WN893534"W
POINT OF BEGINNING
�ORZ�
1"=50'
0 25' 50' sheet 3 of
Plat Bearings
Renaissance Inkdstru we
Consulting (R+0
11490 Strang Line Road I Lenexa,Kansas 66215 1
(913)317.9500 1 w .reninfrastructure.coru
��17
Reoorded In Platte County, MISeourl
Recording Date/Time: 05/29/2014 at 02:21:42 PM
Inetr Number: 2014005571
Book: 1228 Page: 808 ,,,,,40POaR OR",
Type: OE ESMT rQ�r a
Pelee: 7
Fee: $42.008 • _
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1;;r;,�,' �
Grantor: RIVERSIDE MISSOURI CITY OF Glorie Boyer,
Grantee: KANSAS CITY MISSOURI CITY OF Recorder of Dee e
Title of Document: SANITARY SEWER EASEMENT
Date of Document: MaQe2014
Grantors: City of Riverside,Missouri;and
The Industrial Development Authority of the City of
Riverside,Missouri
Grantors' Address: 2950 N.W. Vivion Road
Riverside, Missouri, 64150
Grantee(s)Name and Address: CITY OF KANSAS CITY,MISSOURI
ATTN: Director of City Planning& Development
414 East 12'"Street
Kansas City, MO 64106
Legal Description/Address: See Exhibit A
Book and Page Reference: N/A
Up
Bc.c k 122S Pa 4 G EGOS
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF RIVERSIDE, MISSOURI, and THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, hereinafter collectively referred to as the
GRANTORS, for and in consideration of one dollar($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, do hereby grant, remise, release and forever quitclaim unto the CITY OF
KANSAS CITY, MISSOURI, a Missouri municipality, hereinafter called GRANTEE(414 East 12th Street,
Kansas City, Missouri, 64106), an easement for the location, construction, reconstruction, maintenance,
operation and repair of sewerage improvements and any and all appurtenances incidental thereto in, under,
upon,over and through the following-described tracts of land lying,being and situate in the City of Riverside,
Platte County,Missouri,to-wit:
SEE ATTACHED EXHIBIT A
By the granting of this easement, it shall not be construed to prohibit GRANTORS from developing
any adjoining property or from the laying out, establishing and constructing pavement, surfacing of
roadways, curbing and gutters along, upon, over or across said easement or any portion thereof, provided,
however, said easement shall be kept free from additional depth of overburden, buildings, and any other
structure or obstruction (except sidewalks, roadways pavement, grass, shrubs, fences, or curbs), which will
interfere with GRANTEE in entering upon said adjacent land and easement for the purpose of laying,
constructing, reconstructing, operating, repairing and maintaining such sewerage improvements and
appurtenances.
GRANTORS further state that they are lawfully seized of any indefeasible title in fee to the lands
through which said easement is granted, and that they have good and lawful title and right to convey said
easement to GRANTEE.
[The remainder of this page intentionally left blank.]
Bco-D + 1 228 Pa-g e 608
IN TESTIMONY WHEREOF, GRANTORS have hereunto set their hands and seals this
day of ,2014.
GRANTORS:
City of Riverside,Missouri
By: �J
Name: Kathleen L. Rose
Title: Mayor
Attest: °
it
Robin Littre I,eity Clerk
r
The Industrial Development Authority of the
City of Riverside,Missouri
By:
Name:
Title:
Attest:
Sara agner, ere
2
Br.c�k 1225 Pa. g e 608
ACKNOWLEDGEMENT
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this' Q+ day of Tj 2014, before me,the undersigned, a Notary Public in and for the County
and State aforesaid, persona 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 WHEREgFl 4htllfg,hereunto set my hand and affixed my official seal,the day and year last
above written.
�iP;•�gtY pud ;F/��''G
=Commission k 11277184= ub
plattecounty
oo'�ilFOF MtSS�o`�ry°^ Printed Name T—
a��seonlExpi0 6,1�
My Commission Expires: N[�Pc \3 2.05
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this day ofk!`U 2014, before me, the undersigned, a Notary Publig in and for the County
and State aforesaid, persxrrr�lly appeared g\t�nr, Fin the QES; of The Industrial
Development Authority of the City of Riverside, Missouri, known to me to be the person who executed
the within instrument on behalf of The Industrial Development Authority of the City of Riverside,
Missouri and acknowledged to me that he/she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I h%ye hereunto set my hand and affixed official seal, the day and year last
above written. pJA WAGti,,,,,
9� Beery Pu �-P
'40 bzjc
�P
Platte County 184_ Notary Public
0, 4.1 ses�:N� scams CJc�(ler
' 0 O Printed Name
OF M%SS
won
-Expire*,
My Commission Expires: NU,Bax� \'�i ZCtS
3
Ecco k 1 228 F'-x g e 60S
Exhibit A
Sanitary Sewer Easement
All that part of Lot 3,RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the City of
Riverside,Platte County,Missouri,being more particularly described as follows:
Commencing at the Southwest comer of said Lot 3;thence coincident with the South line of said Lot 3,
South 89°35'34"East,96.25 feet;thence continuing along said South line,along a tangent curve to the
right,said curve having a radius of 414.00 feet and a central angle of 04057'00",for a distance of 35.77
feet to the Point of Beginning;thence departing said South line,North 07°45'32"East,27.25 feet;thence
South 89°35'33"East, 182.35 feet;thence North 09°02'41"East, 163.17 feet;thence South 80°57'19"East,
2.50 feet;thence North 09°02'41" East, 84.46 feet;thence North 00'24'19"East,213.08 feet;thence North
89°35'34"West,329.97 feet;thence North 00024'24"East,20.00 feet to a point on the North line of said
Lot 3,RIVERSIDE HORIZONS EAST FIRST PLAT;thence coincident with said North line, South
89°35'34"East, 354.97 feet;thence departing said North line,South 00'24'19"West,234.97 feet;thence
South 09°02'41"West, 86.35 feet;thence South 80°57'19"East,2.50 feet;thence South 09°02'41"West,
162.23 feet to a point on the Southeasterly line of said Lot 3,RIVERSIDE HORIZONS EAST FIRST
PLAT;thence coincident with said Southeasterly line,South 21054'55" West,28.40 feet;thence departing
said Southeasterly line,North 89°35'33"West, 175.36 feet;thence South 07°45'32"West,0.70 feet to a
point on the South line of said Lot 3,RIVERSIDE HORIZONS EAST FIRST PLAT;thence Westerly,
coincident with said South line,along a curve to the left,said curve having a radius of 414.00 feet,and a
chord bearing of North 82°33'59"West, 30.00 feet,for a distance of 30.01 feet to the Point of Beginning.
And also...
All that part of Lot 1,RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the City of
Riverside,Platte County,Missouri,being more particularly described as follows:
Commencing at the Southeast comer of said Lot 1;thence coincident with the South line of said Lot 1,
North 89°35'34"West,385.95 feet to the Point of Beginning;thence continuing along the South line of
said Lot 1;North 89035'34"West,25.00 feet;thence departing said South line,North 00024'24" East,
12.69 feet;thence South 89°35'34"East,25.00 feet;thence South 00°24'24"West, 12.69 feet to the Point
of Beginning.
Sheet f of 3
Rendissdnce In{dgmtae
Consulting CR-1-0
11490 Strang Line Road I Lenexa,Kansas 66215 1
(913)317-9500 1 w .reninfraatructure.cont
Bc.cr k 1228 P'a. g e 608
Exhibit A
Sanitary Sewer Easement
W S8935'34'E N. LINE, LOT 3
a• 354.97'
N O
----------------------------------------
O
OI I
Z 329.97' I
N8935'34'W
I i
I �
I �
I �
' � 3
I
I
N
1 '
I '
I '
I '
O R 't 25' SSA T
1"=100'
0 50' 100'
Plat Bearings �=W
; ; S090
2'41'W
86.35'� IN
sfios7so ' ts'
E
2.,50-LOT 3 2
RIVERSIDE HORIZONS ;
EAST FIRST PLAT
W ;
v7�t i• 3
N07*45'32'E
27.25'
' 1 y
1 I
I I
POINT OF BEGINNING S8935'331E
182_35'
589'35'34 E r--------
___
96.25' I 30' SS/r- S215455'W
____________ _______ 28.40'
POINT OF 175.36'
L=35.77'
COMMENCEMENT R-41400, N893533'W
SW. CORNER, LOT 3 a=457'00' S074532'W �SE. LINE LOT 3
L=30.01' 0.70'
R=414.00' S. LINE, LOT 3
CB=N82 3359'W
CL=30.00'
Sheet I of 3
Renaissance ln{rastr jdwe
Consulting CR•1-0
11490 Strang Line Road I Lenexa,Kansas 66215 1
(913)317-9500 1 w .reninfrastrucrure.com
Bao k 122S PaL g e 60a
Exhibit A
Sanitary Sewer Easement
LOT 1
RIVERSIDE HORIZONS
EAST FIRST PLAT
S8935'34"E
N0074'24"E 25.00' S007424'W POINT OF COMMENCEMENT
1289'�i SS------iL-�t289' SE. CORNER, LOT I
25.00' 385.95'
S. LINE, LOT 1 N89'35'34'W N8935'34'W
POINT OF BEGINNING
*AX
pRZ
1"=50'
0 25' 50' Sheet 3 0/3
Plat Bearings
Renaissance Inkdsftcture
Consulting (R•I•C)
11490 Strang Line Road I Lenexa,Kansas 662151
(913)317-9500 1 www.reninfrastruaare.corn