HomeMy WebLinkAbout1352 Missouri-American Water Company Easement Lot 7 Horizons Industrial V East Plat BILL NO. 2014-085 ORDINANCE NO. 3 S�
AN ORDINANCE AUTHORIZING AND DIRECTING THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI TO GRANT AN EASEMENT TO
MISSOURI-AMERICAN WATER COMPANY OVER A PORTION OF LOT 7, RIVERSIDE
HORIZONS INDUSTRIAL V EAST PLAT
WHEREAS, Missouri-American Water Company ("MAWC") is currently authorized to
provide water within the City of Riverside, Missouri ("City"), which is a part of MAWC's
Parkville/Platte County District; and
WHEREAS, Section 393.130.1, RSMo., requires MAWC to furnish and provide such
service instrumentalities and facilities as shall be safe and adequate and in all respects just and
reasonable; and
WHEREAS, it is MAWC's duty to serve all persons in accordance with its tariffs within an
area in which it has been certificated; and
WHEREAS, pursuant to MAWC's Rules and Regulations Governing the Rendering of
Water Service, which are on file with the Missouri Public Service Commission as PSC MO No.
9, all of MAWC's main extensions must be installed in easement areas or right-of-ways where
MAWC has been granted all appropriate rights for such installation; and
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("IDA") currently owns all of Lot 7, Riverside Horizons Industrial V East Plat, a subdivision in the
City of Riverside, Platte County, Missouri, according to the recorded plat thereof (the
"Property"); and
WHEREAS, MAWC desires to undertake the installation of a new water line (the
"Project") and the Project requires the granting of an easement (the "Easement") over portions
of the Property for the location, construction, reconstruction, maintenance, operation, and repair
of water pipes, hydrants, valves, and appurtenant facilities that will serve the Project; and
WHEREAS, in order to accommodate the Project, the City desires to authorize and
direct the IDA to grant the Easement pursuant to a Water Main Improvement and
Appurtenances Easement substantially in the form attached hereto and incorporated herein as
Exhibit A; 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 to direct the IDA to grant the Easement to MAWC.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. BEST INTEREST OF TUE CITY - APPROVAL AND DIRECTION FAR
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, 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
direct the IDA to grant the Easement to MAWC, and such Easement is hereby approved to
allow for the location, construction, reconstruction, maintenance, operation, and repair of water
WA 6138655.1
pipes, hydrants, valves, and appurtenant facilities to serve the Project, and further, that the IDA
is directed to execute and deliver the Easement to MAWC in substantially the form attached
hereto and incorporated herein as Exhibit A.
SECTION 2. AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel
to the City - Spencer Fane Britt & Browne LLP, and other appropriate officials and employees of
the City are hereby authorized and directed to take such further action related thereto as is
otherwise necessary or desirable to carry out and comply with the intent of this Ordinance.
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 7`h day of October, 2014.
``..• Kat leen L. Rose, Mayor
ATTEST."
Robin Littrell, Cij Clerk
• Approved as to form:
Spen r Fa Britt & Browne LLP,
Spe ial Co el to the City
by J dnar
WA 6138655.1
EXHIBIT A
WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT
WA 6138655.1
Missouri
Recording Cover Sheet
Name of document: Date of Document:
Water Main Improvement and Appurtenances October , 2014
Easement
Statutory Address(es),if any:
Grantor(s): The Grantor's mailing address is:
2950 NW V ivion Road
The Industrial Development Authority of the City Riverside, MO 64150
of Riverside, Missouri
Grantee(s):
The Grantee's mailing address is:
Missouri-American Water Company 727 Craig Road
St. Louis, MO 63141
Legal Description:
See Exhibit A Statutory Recording Reference,if any:
N/A
WA 6131719.2
WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT
THIS WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT (this "Easement") is
entered into by THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,
MISSOURI, a public corporation organized and existing under the laws of the State of Missouri, with a
mailing address of 2950 NW Vivion Road, Riverside, MO 64150, its successors and assigns, herein
referred to as GRANTOR, and MISSOURI-AMERICAN WATER COMPANY, a Missouri corporation,
whose mailing address is 727 Craig Road, St. Louis, MO 63141, its successors and assigns, herein
referred to as GRANTEE.
GRANTOR, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents
GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE an easement to construct, operate,
maintain, reconstruct, inspect and remove water main improvements and appurtenances thereto, as may
be required from time to time upon, over and under GRANTOR's land situated in Platte County, State of
Missouri, described in Exhibit A and depicted in Exhibit B attached hereto and made a part hereof(the
"Property").
GRANTEE assumes the responsibility for the proper installation of GRANTEE's lines and agrees to save
GRANTOR harmless from any and all damage caused to GRANTOR's property due to the negligence of
GRANTEE, its agents and employees.
GRANTEE is hereby granted the right and permission to clear, remove and keep the Property cleared of
trees, limbs, roots, signs, buildings, structures, and other obstructions which in the reasonable opinion of
GRANTEE might damage, endanger, or interfere with the operation, maintenance, or safety of said lines,
and to enter upon the Property for access to said lines for the purpose of exercising the rights herein
granted at any time.
GRANTEE agrees that GRANTOR shall otherwise have full and free use of said Property, subject to the
rights herein granted to GRANTEE; provided that no operation or construction shall be performed or
permitted by GRANTOR on the Property which might damage, endanger or interfere with the operation,
maintenance or safety of said lines. GRANTOR agrees not to obstruct or interfere with the normal use
or maintenance of such pipe line or lines and any connections to the pipe line. GRANTOR also agrees
not to erect or cause to be erected any building or structure within the easement area and shall not add or
remove any fill or ground cover in the easement area without the prior written approval of GRANTEE.
GRANTOR, for itself, its successors and assigns, warrants that it is the owner of the property containing
the Property and has the right to grant this Easement. Grantor will defend the title to said easement
during its existence with the Grantee for its use and benefit against all parties whomsoever.
This Easement shall be binding upon the parties hereto, their employees, contractors, tenants, licensees,
agents and invitees, and shall inure to Grantor and Grantee and their respective successors and assigns.
Nothing herein shall be deemed to restrict Grantor's right to convey Grantor's property or any interest
therein to any other persons, entities or public bodies, subject in each case, however, to Grantee's rights
set out in this Easement.
The failure to enforce any right, restriction, condition,covenant or agreement herein contained shall in no
event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior
or subsequent thereto.
[Remainder of Page Intentionally Left Blank—Signature Page to Follow]
WA 6131719.2
This Water Main Improvement and Appurtenances Easement is executed this day of
October,2014.
Missouri-American Water Company The Industrial Development Authority of the
City of Riverside, Missouri
By: By:
Name and Title: Name and Title:
ACKNOWLEDGMENTS
STATE OF MISSOURI )
ss.
COUNTY OF )
On this _ day of October, 2014, before me the undersigned Notary Public, personally
appeared , to me personally known who being by me duly sworn did say that
she/he is the of Missouri-American Water Company, and that she/he executed the
foregoing instrument pursuant to due authority and acknowledged to me that she/he executed the same as
her/his free act and deed as the act of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above
written.
Notary Public Signature
(Seal)
Printed or Typed Name
My Commission Expires:
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this day of October, 2014, before me the undersigned Notary Public, personally
appeared to me personally known who being by me duly sworn did say
that she/he is the of The Industrial Development Authority of the
City of Riverside, Missouri and that she/he executed the foregoing instrument and acknowledged to me
that she/he executed the same as her/his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above
written.
Notary Public Signature
(Seal)
Printed or Typed Name
My Commission Expires:
2 WA 6131719.2
EXHIBIT A
LEGAL DESCRIPTION
File No. 2014-0602
Horizons Waterline Easement
October 02, 2014
EXH01
Waterline Easement
A 10 foot wide Waterline Easement lying 5.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to terminate at their respective
property lines, being all that part of Lot 7, Riverside Horizons Industrial V East Plat, in the city
of Riverside, Platte County,Missouri, described as follows:
COMMENCING at the Northeast corner of said Lot 7, thence North 68 degrees 05 minutes 05
seconds West along the North line of said Lot 7 a distance of 203.58 feet to the POINT OF
BEGINNING; thence South 21 degree 44 minutes 45 seconds West a distance of 8.41 feet;
thence South 42 degrees 53 minutes 59 seconds East a distance of 194.34 feet; thence South 21
degrees 28 minutes 38 seconds West a distance of 122.88 feet;thence South 21 degrees 51
minutes 39 seconds West a distance of 251.20 feet; thence South 21 degrees 58 minutes 47
seconds West a distance of 406.61 feet to a point on the South line of said Lot 7, also being the
point of termination of said centerline.
The above described waterline easement contains 9,834 Square Feet or 0.2258 Acres, more or
less.
G OF 0415"
y`P;.• n6U RY •i���
f' WsYeF11
A: I��OZ�IoI� :fit
n NUMBER W
t^*- -2009
3 WA 6131719.2
I I
I
v 0ot'Eas� � [17
m ae v v i ,y
co
Poml of Beginning a m y�
A Lot 7
n/I
Point o/ Termuielion ��// i
Y '
51]tl - 525 39'.
_ 5 I �. / _a z'.etl _ /i I
.__
- ___ _ racing
Pomt,o
ComiNe
9 _
ecseTecr v.ees s r., a apse ac,
a
� I� v' <0 &J t60
w
SCAL N ' i'
., �"'w.'
J - Waterline Easement Exhibit �OI.SSON
N _
J
Recorded In Pletts County, Missouri
Recording Date/Time: 11/24/2014 at 08:22:50 AM
Inatr Number: 2014013163
Book: 1236 Page: 169
Type: DE E8MT
Pages: 8
Fee: $38.008 K �� •
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII =°°�N,r..A�'�''�
Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Glorls Boyer,
Grantee: MISSOURI AMERICAN WATER CO Recorder of Deeds
Missouri
Recording Cover Sheet
Name of document: Date of D�foccu�ment:
Water Main Improvement and Appurtenances October`1!r`2014
Easement
Statutory Address(es),if any:
Grantor(s): The Grantor's mailing address is:
2950 NW Vivion Road
The Industrial Development Authority of the City Riverside,MO 64150
of Riverside,Missouri
Grantee(s):
The Grantee's mailing address is:
Missouri-American Water Company 727 Craig Road
St.Louis,MO 63141
Legal Description:
See Exhibit A Statutory Recording Reference,if any:
N/A
WA 6131719.2
✓cia"y d�C 11;V�✓Si��
1 =6 F'.- g e 169
WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT
THIS WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT (this "Easement") is
entered into by THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,
MISSOURI, a public corporation organized and existing under the laws of the State of Missouri, with a
mailing address of 2950 NW Vivion Road, Riverside, MO 64150, its successors and assigns, herein
referred to as GRANTOR, and MISSOURI-AMERICAN WATER COMPANY, a Missouri corporation,
whose mailing address is 727 Craig Road, St. Louis, MO 63141, its successors and assigns, herein
referred to as GRANTEE.
GRANTOR, in considerat on of the sum of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt z nd sufficiency of which is hereby acknowledged, does by these presents
GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE an easement to construct, operate,
maintain, reconstruct, inspe t and remove water main improvements and appurtenances thereto, as may
be required from time to tin a upon, over and under GRANTOR's land situated in Platte County, State of
Missouri, described in Exhi it A and depicted in Exhibit B attached hereto and made a part hereof(the
"Property").
GRANTEE assumes the res onsibility, for the proper installation of GRANTEE's lines and agrees to save
GRANTOR harmless from my and all damage caused to GRANTOR's property due to the negligence of
GRANTEE, its agents and c mployees.
GRANTEE is hereby granted the right and permission to clear, remove and keep the Property cleared of
trees, limbs, roots, signs, bL ildings, structures, and other obstructions which in the reasonable opinion of
GRANTEE might damage, -ndanger, or interfere with the operation, maintenance, or safety of said lines,
and to enter upon the Pro rty for access to said lines for the purpose of exercising the rights herein
granted at any time.
GRANTEE agrees that GRANTOR shall otherwise have full and free use of said Property, subject to the
rights herein granted to GRANTEE; provided that no operation or construction shall be performed or
permitted by GRANTOR on the Property which might damage, endanger or interfere with the operation,
maintenance or safety of said lines. GRANTOR agrees not to obstruct or interfere with the normal use
or maintenance of such pipe line or lines and any connections to the pipe line. GRANTOR also agrees
not to erect or cause to be erected any building or structure within the easement area and shall not add or
remove any fill or ground cover in the easement area without the prior written approval of GRANTEE.
GRANTOR, for itself, its successors and assigns, warrants that it is the owner of the property containing
the Property and has the right to grant this Easement. Grantor will defend the title to said easement
during its existence with the Grantee for its use and benefit against all parties whomsoever.
This Easement shall be binding upon the parties hereto, their employees, contractors, tenants, licensees,
agents and invitees, and shall inure to Grantor and Grantee and their respective successors and assigns.
Nothing herein shall be deemed to restrict Grantor's right to convey Grantor's property or any interest
therein to any other persons, entities or public bodies, subject in each case, however, to Grantee's rights
set out in this Easement.
The failure to enforce any right, restriction, condition,covenant or agreement herein contained shall in no
event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior
or subsequent thereto.
[Remainder of Page Intentionally Left Blank—Signature Page to Follow]
WA 6131719.2
This Water Main Improvement and Appurtenances Easement is executed this _ day of
October,2014.
Missouri-American Water Company The Industrial Development Authority of the
City of Riverside, Missouri
By/ By:
Name and Title: Z'h'
ACKNOWLEDGMENTS
STATE OF MISSOURI )
ss.
COUNTY OF JT,
On this day of October, 2014, before me the undersigned Notary Public, personally
np
appeared A tome personally known who being by me duly sworn did say that
she/he is the of Missouri-American Water Company, and that she/he executed the
foregoing instrument pursuant to due authority and acknowledged to me that she/he executed the same as
her/his free act and deed as the act of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand an official seal the day and year last above
written.
TERRANCE L. GREEN
Notary Public-Notary Seal Notary Public Signature
(Seal) STATE OF MISSOURI
$1.Louis County
My Commission Expires: Dec.9,2016 (�
Commission#12369210 // Printed or Typed Name
My Commission Expires:/ - `uf�b
TERRANCE L.GREEN
STATE OF MISSOURI ) yryPubMt"HMO°rye
ss.
STATE OF MISSOt1Rl
St Lours•
COUNTY OF PLATTE ) r 210.2016
On this qday of October, 2014, before me the undersigned Notary Public, personally
appeared Qto me personally known who being by me duly sworn did say
that she/he is the of The Industrial Development Authority of the
City of Riverside, Missouri and that she/he executed the foregoing instrument and acknowledged to me
that she/he executed the same as her/his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official se the day and year last above
written.
W :norutr
NotaryPublic S nature `"% Ht1�/"
` A Wq
(Seal) ...........
� /?
Printed or Typed Name
P,aa #1j2»
My Commission Expires: \3, �� = i tt°Do�nty t&=
2 , 3 &Isso
/ss��Fxpires1 '
EXHIBIT A
LEGAL DESCRIPTION
File No. 2014-0602
Horizons Waterline Easement
October 02,2014
EXHOI
Waterline Easement
A 10 foot wide Waterline Easement lying 5.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to terminate at their respective
property lines,being all that part of Lot 7,Riverside Horizons Industrial V East Plat,in the city
of Riverside,Platte County,Missouri,described as follows:
COMMENCING at the Northeast corner of said Lot 7,thence North 68 degrees 05 minutes 05
seconds West along the North lire of said Lot 7 a distance of 203.58 feet to the POINT OF
BEGINNING;thence South 21 degree 44 minutes 45 seconds West a distance of 8.41 feet;
thence South 42 degrees 53 minutes 59 seconds East a distance of 194.34 feet;thence South 21
degrees 28 minutes 38 seconds West a distance of 122.88 feet;thence South 21 degrees 51
minutes 39 seconds West a distance of 251.20 feet;thence South 21 degrees 58 minutes 47
seconds West a distance of 406.61 feet to a point on the South line of said Lot 7,also being the
point of termination of said centerline.
The above described waterline easement contains 9,834 Square Feet or 0.2258 Acres,more or
Ica.
�T��•7uA01HY ' i
IM
NUMMM
2n00aeeaa7r
3 WA 6131719.2
I
I �SztS Cine N Lc!] Wer'l!�cI lct T �
I O
Rls In 1 a
cl
n 8 8 fbd0a3��` faint.f apLe6Y I k
a
Lot 7 slwa'r aa' I
ov }$ x
1 C }
+ ( I I
i
�`. 4 aaelalw .StfT!']et% i Y
9TL'eTle ball'
------fly-
----------
4 a�"pr +'qE � Ewt GMe N lo! % + \ ���^^^Seww Casema•b �
$MlYI Sewer Comment 3' Ufiy£csemeM `♦ -`X\\ I
r� HI. IrHS.I'9 9M
+. ♦ �� '� i 'd+
Yvote+ln!Eeumint 9.0.N S.l., a 225 lm,t � +\\ Y.a7
D 0 40 ac. 4'
SCALE IN FLCT LLI
mo�acr eo .+.am ..• t>.wlt iyj
www: K WsterWe Easement E Nbtt OALOLssm
r
�7+
'y1