HomeMy WebLinkAbout2014-008 IDA Resolution Temporary Access Easement Challenge Riverside IDA Resolution 2014-008
IDA
RESOLUTION NO. 2014-008
A RESOLUTION AUTHORIZING THE GRANTING OF A TEMPORARY
ACCESS EASEMENT TO CHALLENGE RIVERSIDE, LLC DURING THE
PERIOD OF CONSTRUCTION OF THE CHALLENGE PROJECT IN THE
CITY OF RIVERSIDE, MISSOURI
Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors
of The Industrial Development Authority of the City of Riverside, Missouri (the "IDA"), hereby
adopts this Resolution and directs that this Resolution be filed with the official IDA minutes:
WHEREAS, the City of Riverside, Missouri ("City") and Challenge Riverside, LLC
("Challenge") are finalizing the terms of a purchase by Challenge and sale by the City of
approximately 40 acres of land located at 3900 N.W. Helena Road, Riverside Missouri (the
"Property") scheduled to close on May 30, 2014, for Challenge's proposed development of an
automotive manufacturing facility (the "Project"); and
WHEREAS, the Property currently lacks appropriate access necessary for construction
of the Project; and
WHEREAS, the IDA currently owns real property abutting the Property ("IDA Land"); and
WHEREAS, the Project requires the granting of a temporary access easement to
Challenge over the IDA Land during the period of construction for required ingress and egress
to and from the Property (the"Easement"); and
WHEREAS, if the closing between the City and Challenge on the Property is completed,
the IDA desires to grant the Easement to Challenge.
NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Industrial
Development Authority of the City of Riverside, Missouri as follows:
Section 1. The IDA's granting of the Easement, in substantially the form attached
hereto and incorporated herein as Exhibit "A". to Challenge, is hereby approved, conditioned
upon the closing between the City and Challenge on the Property being completed, and the
President and Vice President are hereby authorized to enter into, execute and deliver and the
Secretary and the Assistant Secretary are hereby authorized to attest to, the Easement, such
official's signature thereon being conclusive evidence of his or her approval and the IDA's
approval thereof.
Section 2. The President, Vice-President, Secretary, Assistant Secretary and other
appropriate officers and agents of the IDA are hereby authorized to take such further actions
and execute such other documents as may be necessary or desirable to carry out and comply
with the intent of this Resolution.
Section 3. The Resolution shall be in full force and effect from and after its adoption.
ADOPTED THIS 28th DAY OF MAY, 2014.
IDA Resolution 2014-008
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
By:
Name:
Title:
(SEAL)
ATTEST:
Sarah Wag ecre
IDA Resolution 2014-008
EXHIBIT A
EASEMENT AGREEMENT
TEMPORARY ACCESS EASEMENT AGREEMENT
THIS TEMPORARY ACCESS EASEMENT AGREEMENT (the "Easement
Agreement") is executed as of the — day of , 2014 ("Effective
Date"), by the CITY OF RIVERSIDE MISSOURI, a city and political subdivision duly
organized and existing under the Constitution and laws of the State of Missouri, and THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,
MISSOURI, a Missouri (collectively, "Grantor") and CHALLENGE
RIVERSIDE, LLC, a Delaware limited liability company, and its agents, employees,
contractees, invitees and guests ("Grantee") for the purposes and consideration herein
expressed.
WHEREAS, Grantor owns certain real property located in the general vicinity of NW
Deconick Road in Riverside, Platte County, Missouri, including but not limited to that certain
real property further described and defined herein as the Easement (collectively, the "Grantor
Property");
WHEREAS, Grantee owns the real property described on Exhibit A attached hereto and
made a part hereof(the "Grantee Property");
WHEREAS, Grantor has agreed to provide to Grantee certain non-exclusive rights of
access over, across and through that portion of the Grantor Property described on Exhibit B
attached hereto and made a part hereof(the "Easement'); and
WHEREAS, it is the intention of Grantor and Grantee that the Easement give Grantee
ingress and egress from the East line of the Grantee Property, both being used as public roads in
the City of Riverside, County of Platte, State of Missouri.
NOW, THEREFORE, for and in consideration of the mutual agreements herein contained
and other good and valuable consideration, the sufficiency of which is hereby acknowledged,
Grantor does hereby GRANT, BARGAIN and CONVEY unto Grantee, the non-exclusive,
temporary easement and right-of-way identified herein, over, across and through the Grantor
Property for the limited purpose of providing a convenient means of access for pedestrian,
vehicular, and construction traffic to and from the Grantee Property. TO HAVE AND TO
HOLD the Easement unto Grantee, its successors and assigns, subject to the terms of this
Easement Agreement.
1. Non-Exclusive. The Easement is non-exclusive and Grantor reserves the right to
use the property encumbered by the Easement for any purposes which do not materially interfere
with the rights of Grantee. Grantee shall have no duty to maintain the property encumbered by
the Easement. Grantee shall be responsible for any damage caused to the property encumbered
by the Easement.
2. No Prescriptive Rights. Grantee shall not acquire any prescriptive rights with
respect to the Easement or the Public Roads Easement.
3. Duration of Easement. The grant of the Easement to Grantee and Grantee's non-
exclusive right to use the Easement shall terminate upon the first to occur of. a) December 31,
2015; or b) Grantor and Grantee's mutual written and recorded termination of the Easement.
4. Compliance. Grantee's use of the Easement shall at all times comply with the
terms of this Easement Agreement and all applicable laws, statutes, building codes, ordinances,
restrictive covenants, rules and regulations. Grantee may lay gravel or take other action upon the
property encumbered by the Easement necessary to provide Grantee reasonable access to the
Property with approval of the City Engineer and/or City Administrator.
5. Amendment. This Easement Agreement and the terms contained herein may be
amended only by a written instrument executed by the then current owners of the portions of the
Grantor Property and the Grantee Property as encumbered by this Easement Agreement.
6. Binding Effect. This instrument and all of the terms, covenants and provisions
hereof shall inure to the benefit of and be binding upon each of the parties hereto and their
respective legal representatives, successors and assigns and shall run with and be binding upon
the real property defined as the Easement until terminated as described herein.
7. No Dedication. Nothing contained in this Easement Agreement is intended to,
nor shall it be construed as a dedication of any easements or rights to the public or any other
party or entity other than the parties named herein, their invitees, successors and assigns.
8. Attorneys' Fees. In the event any party incurs costs or attorneys' fees to enforce
any provisions hereof due to a breech by the other party, the non-breaching party shall be entitled
to recover reasonable costs and attorneys' fees from the breaching party.
9. Waiver. No failure of any party to exercise any power given to such party
hereunder or to insist upon strict compliance by any other party to its obligations hereunder and
no custom or practice of the parties in variance with the terms hereof shall constitute a waiver of
any party's right to demand exact compliance with the terns hereof.
10. Severability. If any portion of this instrument is determined to be unenforceable,
such part shall be deemed severed and shall not cause any other part of this document to be
unenforceable.
11. Notices. All notices to be given under this Easement Agreement shall be given, in
writing, by certified or registered mail or by national overnight courier (such as Federal Express)
to each owner at the address or addresses to which tax statements would be sent by the taxing
authority of Platte County, Kansas, to the owner of the Grantor Property and the owner of the
Grantee Property.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of
the Effective Date.
GRANTOR: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI, a Missouri
By:
Name:
Title:
CITY OF RIVERSIDE, MISSOURI, a municipality of the
State of Missouri
By:
Name:
Title:
GRANTEE: CHALLENGE RIVERSIDE, LLC, a Delaware limited
liability company
By:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF MISSOURI )
ss.
COUNTY OF )
On this day of 2014, before me appeared
the of THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a Missouri and
known to me to be the person who executed the within on behalf of said and
acknowledged to me that such was executed the same for the purposes therein stated
In witness whereof, I have hereunto affixed my official seal the day and year first above
written.
[SEAL]
Notary Public
My Commission Expires:
ACKNOWLEDGEMENT
STATE OF MISSOURI )
ss.
COUNTY OF )
On this _ day of 2014, before me appeared
the of the CITY OF RIVERSIDE, MISSOURI, a
municipality of the State of Missouri, and known to me to be the person who executed the within
on behalf of said municipality and acknowledged to me that such was executed the same for the
purposes therein stated
In witness whereof, I have hereunto affixed my official seal the day and year first above
written.
[SEAL]
Notary Public
My Commission Expires:
ACKNOWLEDGEMENT
STATE OF MISSOURI )
ss.
COUNTY OF )
On this _ day of 2014, before me appeared
the of CHALLENGE RIVERSIDE, LLC, a Delaware
limited liability company and known to me to be the person who executed the within on behalf
of said limited liability company and acknowledged to me that such was executed the same for
the purposes therein stated
In witness whereof, I have hereunto affixed my official seal the day and year first above
written.
[SEAL]
Notary Public
My Commission Expires:
EXHIBIT A
GRANTEE PROPERTY
ALL THAT PART OF THE NORTH HALF OF SECTION 7, TOWNSHIP 50 NORTH, RANGE 33 WEST OF
THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 7;
THENCE S00"20'34"W (S00°20'28" PLAT) ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,
THIS AND ALL OF THE FOLLOWING BEARINGS BASED ON THE NORTH LINE OF SECTION 7
BEARING N89°24'06"W PER RIVERSIDE HORIZONS WEST FIRST PLAT, A FINAL PLAT TO SAID CITY
OF RIVERSIDE, RECORDED AT THE RECORDER OF DEEDS OFFICE IN SAID PLATTE COUNTY IN
PLAT BOOK 21 AT PAGE 71, A DISTANCE OF 349.52 FEET (349.77' PLAT); THENCE N89°24'06"W,
PARALLEL WITH SAID NORTH LINE OF SECTION 7, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING;; THENCE S00"20'34"W ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH
SAID EAST LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 1264.36 FEET; THENCE
N89"24'06"W, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 1390.24 FEET TO A POINT ON
THE EAST LINE OF THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT RIGHT-OF-WAY RECORDED
AT SAID RECORDER OF DEEDS OFFICE IN BOOK 957 AT PAGE 142; THENCE N00°38'59"E
(N00°38'34'E DEED), THIS AND THE FOLLOWING NINE (9) COURSES AND DISTANCES ALONG SAID
LEVEE DISTRICT RIGHT-OF-WAY LINE, A DISTANCE OF 309.78 FEET; THENCE N72°35'06"E
(N72°28'38"E DEED), A DISTANCE OF 79.77 FEET; THENCE S89°36'44"E (S89°24'54"E DEED), A
DISTANCE OF 92.98 FEET (93.12' DEED); THENCE N00°30'451 (N00"38'18"E DEED), A DISTANCE
OF 15.98 FEET (16.25' DEED); THENCE N00°22'16"W (N00°38'36"E DEED), A DISTANCE OF 4.52
FEET (4.18' DEED); THENCE N00"43'15"E (N00°38'46"E DEED), A DISTANCE OF 29.82 FEET
(29.73' DEED); THENCE N89°28'07"W (N89°24'45"W DEED), A DISTANCE OF 93.17 FEET; THENCE
N70"55'42"W (N70°58'37"W DEED), A DISTANCE OF 79.92 FEET (79.82' DEED); THENCE
N00°39'00"E (N00"38'44"E DEED), A DISTANCE OF 714.53 FEET (714.73' DEED); THENCE
NO2°15'53"E (NO2-14'31"E DEED), A DISTANCE OF 196.71 FEET (196.60' DEED) TO THE
SOUTHWEST CORNER OF SAID RIVERSIDE HORIZONS WEST FIRST PLAT, ALSO BEING A POINT ON
THE SOUTH RIGHT-OF-WAY LINE OF 40TH STREET, AS NOW ESTABLISHED; THENCE S89°24'06"E,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1378.18 FEET TO THE POINT OF
BEGINNING.
CONTAINS 1,742,753.09 SQUARE FEET OR 40.00 ACRES, MORE OR LESS.
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EXHIBIT B
EASEMENT
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