HomeMy WebLinkAboutR-2014-096 Easement From Riverside Townhouses RESOLUTION NO. R-2014-096
A RESOLUTION ACCEPTING AN EASEMENT FROM RIVERSIDE TOWNHOUSES,
INC.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
1. That the Riverside Board of Aldermen (`Board") hereby approves and accepts the
Easement document, in substantially the form attached hereto as Exhibit A, from
Riverside Townhouses, Inc., authorizing the Mayor to execute such easement document
on behalf of the City.
2. That the Mayor, the City Administrator, the City Attorney and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to cavy out and comply with the intent of this Resolution 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.
PASSED THIS DAY OF 12014, BY THE BOARD OF ALDERMEN
OF THE CITY OF RIVERSIDE, MISS URI.
APPROVED:
Mayor Kathleen L. Rose
0
City C1erk.Rob n Littrell
Recorded In Platte County, Missouri
Recording Date/Tlme: 12/05/2014 at 08:52:07 AM
Instr Number: 2014013647 ,, 1111en riR--
Back: 1236 Page: 652
Type: DE ESMT ?r a 3
Leges: 7 :or
Fee: $42.00 S � �:,.
III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11 A-°°�
Grantor: RIVERSIDE TOWNHOUSES INC Gloria Boyer,
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Recording Cover Sheet
Title of Document: Easement
/Date of Document: � q, 2014
V Grantor(s): Riverside Townhouses, Inc.
Grantee's Name City of Riverside, Missouri
and Address: 2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: A tract of land in the Northeast Quarter of the
Northwest quarter of Section 4, Township 50
North, Range 33 West, in the City of Riverside,
Platte County, Missouri, Commencing at the
Northeast Corner of the Northwest quarter of
said Section 4, thence North 89 degrees 00
minutes 21 seconds West along the North line
of said Northwest quarter of said Section 4 a
distance of 350.00 feet; thence South 00 degrees
27 minutes 19 seconds West a distance of
385.00 feet to the Point of Beginning of the
tract of land herein to be described: thence
South 89 degrees 00 minutes 21 seconds East
and parallel to the North line of said Northwest
quarter of said Section 4, a distance of 300.00
feet to the West right of way of Northwest
Gateway Avenue; thence South 00 degrees 27
minutes 19 seconds West and parallel to the
East line of said Northwest quarter of said
Section 4 and Westerly right of way line of
Northwest Gateway Avenue, a distance of 50.00
feet; thence North 89 degrees 00 minutes 21
seconds West parallel to the North line of said
Northwest quarter of said Section 4 a distance
of 300.00 feet; thence North 00 degree 27
minutes 19 second East and parallel to the East
line of said Northwest Quarter of said section 4
a distance of 50.00 to the point of beginning.
Said tract of land contains 15,000 square feet
more or less.
After recording, please return to:
Robin Littrell
City of Riverside, Missouri
2950 NW Vivion Drive
Riverside, Missouri 64150
Bc.r k: 1236 P' D. ge 652
EASEMENT nQ
THIS AGREEMENT, made this A�_ day of 2014, by and
between Riverside Townhouses, Inc., hereinafter kndwn as "Grantor", and the City of Riverside,
Missouri, a municipal corporation, hereinafter known as "Grantee".
WITNESSETH, that the 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, convey, and confirm unto said Grantee, its successors
and assigns, an easement over, under, upon, and through the following described real estate
being and situated in the County of Platte, and the State of Missouri, to-wit (described real estate
referred to herein as "Easement Area"):
Easement Area
A tract of land in the Northeast Quarter of the Northwest quarter of Section 4,
Township 50 North, Range 33 West, in the City of Riverside, Platte County,
Missouri, Commencing at the Northeast Corner of the Northwest quarter of said
Section 4, thence North 89 degrees 00 minutes 21 seconds West along the North
line of said Northwest quarter of said Section 4 a distance of 350.00 feet; thence
South 00 degrees 27 minutes 19 seconds West a distance of 385.00 feet to the
Point of Beginning of the tract of land herein to be described: thence South 89
degrees 00 minutes 21 seconds East and parallel to the North line of said
Northwest quarter of said Section 4, a distance of 300.00 feet to the West right of
way of Northwest Gateway Avenue; thence South 00 degrees 27 minutes 19
seconds West and parallel to the East line of said Northwest quarter of said
Section 4 and Westerly right of way line of Northwest Gateway Avenue, a
distance of 50.00 feet; thence North 89 degrees 00 minutes 21 seconds West
parallel to the North line of said Northwest quarter of said Section 4 a distance of
300.00 feet; thence North 00 degree 27 minutes 19 second East and parallel to the
East line of said Northwest Quarter of said section 4 a distance of 50.00 to the
point of beginning. Said tract of land contains 15,000 square feet more or less.
Grant
Grantor grants to Grantee the right to make available for itself and to the public, a non-exclusive,
perpetual, but subject to termination at any time as set forth herein, ingress and egress easement
for public use as a street over the now-existing roadway (the "Roadway") within the Easement
Area. Grantee shall have the right to exercise its police power and regulate public access to, and
activities within, the Easement Area so long as the same do not interfere with continued, and
unobstructed, ingress and egress to and from Grantor's adjacent property. Grantee shall maintain
the Easement Area and the Roadway in the same manner as Grantee maintains public streets and
areas that are of a similar nature to the Easement Area and Roadway, including, but not limited
to, sodding, mowing, lighting, striping, repairing, restoring, resurfacing and removing snow and
ice therefrom (collectively "Maintenance Work"). Grantor shall have no obligation for such
Maintenance Work. Grantee may, but is not obligated to, construct or improve a new street and
sidewalk, as well as any utility service such as water, sanitary sewer, storm sewer, surface
drainage channel, any or all of them, over, under, upon, and through the Easement Area so long
as the same do not interfere with continued, and unobstructed, ingress and egress to and from
Grantor's adjacent property.
No Obstruction or Charge for Use
Neither Grantee nor Grantor shall construct or place temporary or permanent buildings, gates,
advertising signs, billboards or other advertising materials or other structures or obstructions
within the Easement Area, provided, however, Grantor reserves the right to erect signage and
other project identifying structures within the Easement Area, but not within the Roadway, so
long as the same comply with applicable city codes. Furthermore, neither Grantor nor Grantee
shall charge for access to, or maintenance of, the Easement Area. Grantor may use and enjoy the
Easement Area, provided that such use is subject to, and does not interfere, conflict or otherwise
be inconsistent with, the rights granted herein to Grantee. Grantor agrees to pay, prior to
delinquency, any and all real estate taxes and assessments, general or special, levied or imposed
with respect to the Easement Area; provided, however, Grantor reserves the right to protest the
real estate taxes and assessments and may postpone payments, or pay under protest, as Grantor
deems necessary so long as the same is commercially reasonable.
Binding Covenant
The easement granted herein shall constitute an easement running with the land in perpetuity and
shall burden the lands described above.
Termination
In the event that either Grantor or Grantee determines that this Easement is no longer needed or
desirable, such party so determining may terminate this Easement by written release instrument
duly signed by such party so determining and fully acknowledged, and recorded in the land
records of Platte County, Missouri. Except in the event of a termination, this Easement may only
be modified or amended by written instrument executed by both parties (or their successors in
interest) and recorded in the land records of Platte County, Missouri.
IN WITNESS WHEREOF, the said Grantor and Grantee has caused these presents to be signed
this day of 2014.
Riverside Townhouse nc. (Grantor):
By�
Printed Name7� �
Title: President
Dated: t -7 1
City of Riverside, Missouri (Grantee):
By:
Printed Name: Kathleen L. Rose
Title: Mayor
Dated;
Y
ATTE
Robin Littrell,City,Cleric
B c.._S k 127;6 Pa. g a 652,
ACKNOWLEDGMENT—Riverside Townhouses,Inc.
STATE OFA )
) ss.
COUNTY OFaQXU-k' )
ON THIS l I day of J�6V'QYk{�Qr 2014, before me personally
appeared cwt �Ync -- President of Riverside Townhouses, Inc., to me known to be
the person described in and who executed the foregoing instrument on behalf of said limited liability
company and acknowledged to me that she/he executed the same with authority on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in 45h0LW`X<t County, the day and year last above written.
(SEAL)
Printed Name: Q w 2 Esi —m—ocn
y Public in and for said State A'S
NOTARVPUBLIC-Stetooi 4� County
'4
NICOLED missioned in
.... My Appt.ExpIr 2
My Commission Expires:
1236 P .ge 65'
ACKNOWLEDGMENT—City of Riverside Missouri
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS 0i day of 2014, before me, personally appeared
the honorable Kathleen L. Rose to ihe personally known, who being by me duly sworn, did say
that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said
instrument was executed on behalf of said City of Riverside, Missouri by authority of its Board
of Aldermen, and Mayor Rose executed said instrument to be the free act and deed of said City
of Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in 41aAp County, the day and year last above written.
ROBIN I .LITTRELL
Notary Public-Notary Sal
8tCa miss odti,a 39MI ty Printed Name:;
Cammiaaion 11.1390831
Commlaiift Expire Mir 8,2015 Notary Public in and for said State
Commissioned in i C, County
My Commission Expires: