HomeMy WebLinkAbout2014-007 IDA Resolution Easement Sewerage Improvements Horizons Industrial II IDA Resolution 2014-007
IDA
RESOLUTION NO. 2014-007
A RESOLUTION AUTHORIZING 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
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, pursuant to that certain Lease Agreement between the City of Riverside,
Missouri ("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 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 (the"Easement"); and
WHEREAS, the City has, pursuant to Ordinance No.1317, a copy of which is presented
with this Resolution and is on file with the Secretary, approved the Easement, authorized the
execution and delivery of the Easement by the City as the owner of Lot 1, and directed the IDA
to execute and deliver the Easement as the owner of Lot 3.
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 the form attached hereto and
incorporated herein as Exhibit "A' to KCMO is hereby approved 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.
IDA Resolution 2014-007
Section 3. The Resolution shall be in full force and effect from and after its adoption.
ADOPTED THIS 28th DAY OF MAY, 2014.
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)
A7C EST:
Sarah Wa ary
IDA Resolution 2014-007
EXHIBIT A
EASEMENT AGREEMENT
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 11 PROJECT IN THE
CITY OF RIVERSIDE, MISSOURI
WHEREAS, pursuant to that certain Lease Agreement between the City and Horizons
Industrial Il, 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 Il, 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 KCMG 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 20"' day of May, 2014.
Kathleen L. Rose, Mayor
� e
ATTEST:
Robin Littrell,•Cit • 'lerk•
Approved as to form:
Spen ane Britt & Browne LLP
SpeLiaWounsel 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 12`°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 12014.
GRANTORS:
City of Riverside,Missouri
By:
Name: Kathleen L.Rose
Title: Mayor
Attest:
c �
Robin Littrell, ity Clerk
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 WHEREQFi&hilg�hereunto set my hand and affixed my official seal,the day and year last
above written. o A Pvd F?
Commission#11277184= o ary ub
Je.
Platte County =
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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 \_Q�p t+� F�e+n 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 hgve hereunto set my hand and affixed official seal,the day and year last
aywsto rcn0n11�
above written. ' H WA *
C®mmission#11277184= Notary Public
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Platte County = C��,. ary SO�OJ�'`. ^° Printed Na A\f\'M1S9,,1A'Ioxplteg
My Commission Expires: 00')6 v\-V-C
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 07045'32"East,27.25 feet;thence
South 89°35'33"East, 182.35 feet;thence North 09002'41"East, 163.17 feet; thence South 80°57'19"East,
2.50 feet; thence North 09°02'41"East, 84.46 feet;thence North 00024'19" 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
89035134" East,354.97 feet; thence departing said North line,South 00024'19"West,234.97 feet;thence
South 09002'41"West, 86.35 feet;thence South 80°57'19"East,2.50 feet;thence South 09002'41"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 89035'33"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 82033'59"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 00°24'24"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 t o/3
Rendissance Inkdanx Lure
Consulting CR•I•C)
11490 Strang Line Road 1 Lenexa,Kansas 66215 1
(913)317-9500 1 w .reninfmstrncmre.com
Exhibit A
Sanitary Sewer Easement
1j S893534 E N. LINE, LOT 3
N a 354.97'
awl
----------------------------------------
$ 329.97' I 1
N8935'34'W
1 I
I I
I I
I I
I I 3
1 I
W 1
ASI jam^
NSI INO
pNi 1 H
I I
1 I
I I
0 R1� 25' SSA
1"=100'
® II
0 50' 100' W
Plat Bearings ; ; So9roz'41'W
Not . X86. I
S8057'19'Eo w; S8057'197E
LOT 3 2.50' s ; 2.50'
RIVERSIDE HORIZONS
EAST FIRST PLAT ;
W
N07*4532"E a 1 ;N N
27.25'
1 1 h
I /
1
POINT OF BEGINNING S893533E i
S89'35'34'E r___ — __
18235
---
96.25' 1 30' SSE ------ 5215455'W
28.40]
POINT OF 175.36'
L=34.04
COMMENCEMENT N893533'W
SW. CORNER, LOT 3 R=414'00 S074532'W �SE. LINE, LOT 3
a=4'57'00'
0.70'
=30.01
'
4414.00 S. LINE, LOT 3
CB=N8233'59'W
CL=30.00'
Shret 2 a/3
Renaissance Infrastructure
Consulting (R•I•C)
11490 Strang Line Road I Lenexa,Kansas 66215 1
(913)317-9500 1 w .mninfrastmcmm.com
Exhibit A
Sanitary Sewer Easement
LOT 1
RIVERSIDE HORIZONS
EAST FIRST PLAT
5895.00' POINT OF COMMENCEMENT
N0024'24"E _25._00'_ S00212.69' 24"W SE CORNER, LOT 1
12.69'�r SS/E ' 12.69'
25.00' 385.95'
S. LINE, LOT 1 N89'3534"W N8935'34W
POINT OF BEGINNING
�0RZ4
1"=50'
O® ' SW of
Plat Bearings ,
Renaissance In{rastructure
Consulting (RTC)
11490 Smog Line Road I Lenexa,Kansas 66215 1
(913)317-9500 1 w .reninfrastntcwre.com