HomeMy WebLinkAbout1335 Temporary Construction Easement City Right of Way Argo Innovation Park BILL NO. 2014-069 ORDINANCE NO. /335'
AN ORDINANCE AUTHORIZING THE GRANTING OF A TEMPORARY CONSTRUCTION
EASEMENT OVER A PORTION OF CITY RIGHT OF WAY TO ARGO INNOVATION PARK
LOT 6, L.L.C.
WHEREAS, the Final Development Plan for a 682,739 sf industrial facility known as the
Martinrea Project ("Project') was approved by the Board of Aldermen by and through Ordinance
No. 1315, passed and approved on May 20, 2014; and
WHEREAS, the Project requires a temporary construction easement (the "Easement')
for the purposes of spreading and storing materials, ingress and egress, and other rights
necessary or convenient for construction of the Project, over real estate in Riverside, Platte
County, Missouri located on a portion of right of way, legally described as follows:
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 5,
TOWNSHIP 50N, RANGE 33W IN RIVERSIDE, PLATTE COUNTY, MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 5; THENCE SOUTH 88 DEGREES, 51 MINUTES, 51
SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER, 20.00 FEET TO THE SOUTHEAST CORNER OF THE PLAT
"ARGO INNOVATION PARK" RECORDED IN BK. 20 AT PG. 395; THENCE
NORTH 00 DEGREES, 29 MINUTES, 11 SECONDS EAST, ALONG THE EAST
LINE OF THE PLAT, 499.15 FEET TO THE INTERSECTION OF THE
PROLONGATION OF THE NORTH LINE OF LOT 6 "ARGO INNOVATION
PARK" AND THE EAST LINE OF THE PLAT; THENCE NORTH 89 DEGREES,
35 MINUTES, 34 SECONDS WEST, 20.00 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 5; THENCE SOUTH 00 DEGREES, 29
MINUTES, 11 SECONDS WEST, ALONG THE WEST LINE, 498.90 FEET, TO
THE POINT OF BEGINNING, CONTAINING 9981 SQUARE FEET, MORE OR
LESS; AND
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 50N, RANGE 33W IN RIVERSIDE, PLATTE COUNTY, MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 6; THENCE NORTH 89 DEGREES, 23 MINUTES, 44 SECONDS
WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER, 20.00
FEET TO THE EAST LINE OF LOT 6, "ARGO INNOVATION PARK" AS
RECORDED IN BK. 20, PG. 395; THENCE NORTH 00 DEGREES, 29
MINUTES, 11 SECONDS EAST, ALONG THE EAST LINE, 498.83 FEET TO
THE NORTHEAST CORNER OF LOT 6; THENCE SOUTH 89 DEGREES, 35
MINUTES, 34 SECONDS EAST, 20.00 FEET TO THE EAST LINE OF THE
SOUTHEAST QUARTER OF SECTION 6; THENCE SOUTH 00 DEGREES, 29
MINUTES, 11 SECONDS WEST, ALONG THE EAST LINE, 498.90 FEET, TO
WA 5640506.1
THE POINT OF BEGINNING, CONTAINING 9977 SQUARE FEET, MORE OR
LESS.
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 Argo Innovation Park Lot 6, L.L.C. 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 Argo Innovation Park Lot
6, L.L.C. is hereby approved to allow for the purposes of spreading and storing materials,
ingress and egress, and other rights necessary or convenient for construction 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.
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 1st day of July, 2014.
KaWeen L. Rose, Ma or
ATTEST:
L _,
Robin Littrell, City Clerk
Approved as to form:
Spenc ane Britt & Browne LLP
Speci4Cyunsel to the City
by Joe dnar
2 WA 5640506.1
EXHIBIT A
Temporary Construction Easement Agreement
3
WA 5640506.1
Recorded In Platte County, Missouri
Recording Date/Time: 07/18/2014 at 08:18:41 AM
Instr Number: 2014007752
Book: 1230 Page: 782o�OER Opp
TYPe: DE ESMT
Pelee: 7
Fee: =12.008
Illlnllllllllllllllllllllllllllllllllllllllllllllll ''`=°oU#jT,(
Grantor. RIVERSIDE MISSOURI CITY OF
Grantee: ARCO INNOVATION PARK LOT 6 LLC Realordeoria 8ol Deeds
Title of Document: Temporary Construction Easement Agreement
/ Date of Document: July 14, 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: Argo Innovation Park Lot 6, L.L.C.
7611 State Line Road
Suite 301
Kansas City, MO 64114
Legal Description/Address: See Exhibit A of Agreement
Book and Page Reference: N/A
WA 5166765.1
1 -=,C1 P a g c 7122
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
("Agreement") is made and entered into as of July j4°" 2014, by and between the City of
Riverside, Missouri ("Grantor"), whose mailing address is 2950 N.W. Vivion Road, Riverside,
Missouri 64150, and Argo Innovation Park Lot 6, L.L.C., a Missouri limited liability company
("Grantee"), whose mailing address is 7611 State Line Road, Suite 301, Kansas City, Missouri
64114.
WITNESSETH:
WHEREAS, Grantor owns a parcel of real property located within the City of Riverside,
Missouri, more particularly described on Exhibit A attached hereto and incorporated herein by
reference ("Grantor's Property"); and
WHEREAS, Grantee intends to construct an industrial building on property adjacent to
Grantor's Property ("Project"); and
WHEREAS, in order to complete the Project, it is necessary for Grantee to obtain a
temporary construction easement in, upon, through, over and across Grantor's Property; and
WHEREAS, this Agreement is being executed, delivered, and recorded to memorialize
the agreement between the parties related to the Project.
NOW, THEREFORE, for and in consideration of the payment of One Dollar ($1.00),
the mutual covenants contained herein, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:
1. Grant of Temporary Construction Easement. Grantor, for itself and Grantor's
successors and assigns, does hereby GRANT AND CONVEY unto Grantee, its successors and
assigns, a temporary non-exclusive construction easement (the "Temporary Construction
Easement") in, upon, through, over, under and across Grantor's Property, TO HAVE AND TO
HOLD said Temporary Construction Easement, together with all rights and appurtenances
belonging thereto, subject to the following terms, conditions and covenants:
(a) Purpose of Temporary Construction Easement. The Temporary
Construction Easement granted hereby is for the purpose of spreading and storing materials,
ingress and egress, and other rights necessary or convenient for construction of the Grantee's
Project and related activities. Without limiting the foregoing, it is expressly agreed that Grantee,
its agents, representatives, employees, contractors and subcontractors, shall have the right to
enter onto and occupy the Temporary Construction Easement area subject to the terms hereof in
connection with the Project; provided, however, that Grantee shall use the Temporary
Construction Easement only as necessary to accomplish the Project, and use of the Temporary
Construction Easement by Grantee and Grantee's agents, representatives, employees, contractors
and subcontractors shall not unreasonably interfere with or obstruct Grantor's normal use of
Grantor's Property; androp vided, further, that during Grantee's use of the Temporary
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Construction Easement, Grantee shall maintain access to and availability of access to Grantor's
Property for Grantor.
(b) Term. The Temporary Construction Easement and all rights and
privileges of Grantee contained herein shall terminate upon the earliest to occur of (i) written
notice of termination from Grantee delivered to Grantor; (ii) the completion of the Project; or
(iii) May 1, 2015. Expiration of this Temporary Construction Easement shall be deemed to
automatically occur upon the earliest occurrence of any such event, without the necessity of any
further action of either party hereto. Notwithstanding the foregoing, Grantee shall execute and
deliver a release in recordable form for the purpose of giving public record notice of the release
of the Temporary Construction Easement if so requested by Grantor after the expiration of the
Term hereunder.
(c) Subject to Recorded Indentures. The granting of this Temporary
Construction Easement is subject to all easements, restrictions, covenants and rights of way of
record. Grantee and Grantee's agents, representatives, employees, contractors and
subcontractors will abide by and comply with the requirements of all easements, restrictions,
covenants and rights of way that are applicable to Grantor's Property.
(d) Restrictions of Grantor. Grantor covenants and agrees that Grantor and
Grantor's agents, representatives, employees, tenants, licensees and legal representatives shall
not unreasonably interfere with or obstruct Grantee's use of the Temporary Construction
Easement as contemplated hereunder, or unreasonably interfere with the Project. Grantor also
covenants and agrees that it shall use commercially reasonable efforts to ensure that its invitees
do not unreasonably interfere with or obstruct Grantee's use of the Temporary Construction
Easement or unreasonably interfere with the Project.
(e) Restoration of Premises. After completion of the Project, Grantee, at its
sole cost and expense, shall remove, or cause to be removed, all equipment and other property
placed within the Temporary Construction Easement by or for Grantee except for those items
constituting the Project, and otherwise restore Grantor's Property and any adjoining property of
Grantor damaged in connection with Grantee's use of the Temporary Construction Easement, any
ingress or egress thereto or therefrom, as soon as reasonably possible, to substantially the same
condition as existed prior to such work.
(f) Indemnification. To the fullest extent permitted by law, Grantee agrees
to indemnify and hold harmless Grantor, its successors and assigns, from and against any and all
liability, damage, expense and claims arising from the injury or death of any person, or from the
loss of or damage to any property, incurred by Grantor, its successors and assigns, as a result of
Grantee's use of the Temporary Construction Easement and installation of the Project.
(g) Insurance. During the time that Grantee has the right to use the
Temporary Construction Easement, Grantee, at its sole cost and expense, shall obtain and keep in
force insurance in such amounts in order to insure against liability arising out of Grantee's
occupancy and use of the Temporary Construction Easement in connection with the Project.
Grantor shall be an additional insured under such coverage with respect to bodily injury and
3 WA 5642832.2
property damage liability. Such liability coverage shall be on a primary and non-contributory
basis with respect to any insurance carried by Grantor.
2. Bindin¢ Aureement. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
3. Enforcement. Grantor shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach, or enforce the observance of, the restrictions,
obligations, covenants and rights contained in this Agreement, in addition to all other remedies
available to Grantor at law or in equity.
4. Scverability. If any one or more of the provisions contained in this Agreement
shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions hereto, and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had not been contained
herein; provided, however, that if permitted by applicable law, any invalid, illegal or
unenforceable provision may be considered in determining the intent of the parties with respect
to the provisions of this Agreement.
5. Additional Provisions. This Agreement may be modified or amended only in a
writing signed by both of the parties hereto, or their respective successors or assigns, as the case
may be. The failure by a party to enforce any provision of this Agreement against the other party
shall not be deemed to be a waiver of the right to do so thereafter. The section captions are
inserted for convenience of reference and are in no way to be construed as a part of this
Agreement or as a limitation on the scope of the paragraphs to which they refer. All prior
negotiations and agreements between the parties hereto with respect to the subject matter hereof
are superseded by this Agreement, and there are no representations, warranties, understandings
or agreements other than those expressly set forth herein.
6. Construction. The words "Grantor" and "Grantee" shall include lessees, heirs,
executors, administrators, successors and assigns where the context so requires or permits. The
temporary easement granted hereby shall be for the benefit of Grantee, its successors and
assigns. It is hereby agreed and stipulated that the Grantor's Property shall be held, transferred,
improved, sold, conveyed, used and occupied subject to the covenants and agreements contained
herein which shall be (i) covenants running with and binding upon the Grantor's Property; and
(ii) binding upon and enforceable against the parties hereto and their respective legal
representatives, successors, assigns and all subsequent owners of the Grantor's Property, or any
portion thereof, whether by purchase, sale, descent, devise, gift, trade or otherwise, and each and
all individuals and entities, by the acceptance of title to the Grantor's Property, or any portion
thereof, shall abide by and perform the covenants and agreements contained herein.
[Remainder of page intentionally left blank]
4 WA 5642832.2
SIGNATURE PAGE FOR
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the day and year first above written.
Grantor:
THE CITY OF RIVERSIDE, MISSOURI
By. ,�k
Name: Kathleen L. Rose
Title: Mayor
ATTES
Robin Littrell, Clerk
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) SS
COUNTY OF PLATTE )
ON THIS qday of July, 2014, before me, the undersigned, a Notary Public in and for
said county and state, personally appeared Kathleen L. Rose, to me personally known, who being
by me duly sworn, did say that she is the Mayor of the City of Riverside, Missouri, a municipal
corporation duly organized and existing under the laws of the state of Missouri, and that the seal
affixed to the foregoing instrument is the seal of said municipality, and that instrument was
signed and sealed in behalf of said municipality by free act and deed of said municipality.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
ROBIN I. LITTRELL
Notary.Public-Notary$al ,
State of Missouri,clay County Notary Public Signature
/�� ommicsion a 11390831
vrtTiabhEbhEMN 8.2015+ n L . L,f}"W2L 1l
Printed or Typed Name
My Commission Expires:
`Ma4Ck 81 ao/jr-
5 WA 5642832.2
B c.c, f•:. 1230 P-X q e 7:B2
CONTINUATION OF SIGNATURE PAGE FOR
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Grantee:
ARGO INNOVATION PARK LOT 6,L.L.C.
By:
P ' d Name: �l i
Title:
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) SS
COUNTY OFPLATTE
� )
ON THIS day of July, 2014, before me,.�thpe�undersigned, a Notary Public in and for
T"
said county and state,personally appeared_ M/,//1 y�i'd' ,to me personally known, who being
by me duly sworn, did say that hefskecis the of Argo Innovation Park Lot 6,
L.L.C., a Missouri limited liability company, anthat the foregoing instrument was signed on
behalf of said company, and further acknowledged said instrument to be the free act and deed of
said company.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
A L
JENNY L. A
Notary Public-Notafy Notary seat `�,G 777111
State of Missouri,Cass County ,
Commission # 10429263 otary Public Signature
(S My Commission Expires Aug 26,2014
Printed or Tyl ed Nam-e `r v
My Commission ExpireVV) p�
6 WA 5642832.2
Exhibit A
Legal Description
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 50N,
RANGE 33W IN RIVERSIDE, PLATTE COUNTY, MISSOURI, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 5; THENCE SOUTH 88 DEGREES, 51 MINUTES, 51 SECONDS EAST, ALONG
THE SOUTH LINE OF THE SOUTHWEST QUARTER, 20.00 FEET TO THE SOUTHEAST
CORNER OF THE PLAT "ARGO INNOVATION PARK" RECORDED IN BK. 20 AT PG. 395;
THENCE NORTH 00 DEGREES, 29 MINUTES, 11 SECONDS EAST, ALONG THE EAST LINE
OF THE PLAT, 499.15 FEET TO THE INTERSECTION OF THE PROLONGATION OF THE
NORTH LINE OF LOT 6 "ARGO INNOVATION PARK" AND THE EAST LINE OF THE PLAT;
THENCE NORTH 89 DEGREES, 35 MINUTES, 34 SECONDS WEST, 20.00 FEET TO THE
WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 5; THENCE SOUTH 00
DEGREES, 29 MINUTES, 11 SECONDS WEST, ALONG THE WEST LINE, 498.90 FEET, TO
THE POINT OF BEGINNING, CONTAINING 9981 SQUARE FEET, MORE OR LESS; AND
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 50N,
RANGE 33W IN RIVERSIDE, PLATTE COUNTY, MISSOURI, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
6; THENCE NORTH 89 DEGREES, 23 MINUTES, 44 SECONDS WEST, ALONG THE SOUTH
LINE OF THE SOUTHEAST QUARTER, 20.00 FEET TO THE EAST LINE OF LOT 6, "ARGO
INNOVATION PARK" AS RECORDED IN BK. 20, PG. 395; THENCE NORTH 00 DEGREES,
29 MINUTES, 11 SECONDS EAST, ALONG THE EAST LINE, 498.83 FEET TO THE
NORTHEAST CORNER OF LOT 6; THENCE SOUTH 89 DEGREES, 35 MINUTES, 34
SECONDS EAST, 20.00 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 6; THENCE SOUTH 00 DEGREES, 29 MINUTES, 11 SECONDS WEST, ALONG
THE EAST LINE, 498.90 FEET, TO THE POINT OF BEGINNING, CONTAINING 9977
SQUARE FEET, MORE OR LESS.
7 WA 5642832.2