HomeMy WebLinkAbout2012-006 IDA Resolution Easement Vehicular Acess to Sanitary Sewer Pump Station IDA Resolution 2012-006
IDA
RESOLUTION NO. 2012-006
A RESOLUTION AUTHORIZING THE EXECUTION AND TRANSFER OF AN
AMENDED ACCESS EASEMENT TO PROVIDE VEHICULAR ACCESS TO A
SANITARY SEWER PUMP STATION
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
adopt this Resolution and direct that this Resolution be filed with the official IDA minutes:
WHEREAS, on or about June 20, 2008, the IDA granted an Access Easement to the
City of Riverside over certain property owned by it to provide vehicular and pedestrian travel
(including machinery and equipment) to a sanitary sewer pump station;
WHEREAS, said Access Easement is filed for record in Book 1124 at Page 811 in the
land records of Platte County, Missouri; and
WHEREAS, there is a need to amend the legal description contained in said Access
Easement;
NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Industrial
Development Authority of the City of Riverside, Missouri as follows:
THAT the Amended Access Easement to the City of Riverside, Missouri is hereby
approved in substantially the form attached as Exhibit A and the President or Vice President
are hereby authorized to enter into, execute and deliver and the Secretary or the Assistant
Secretary are hereby authorized to attest, such document with such changes therein as shall be
approved by the official of the IDA executing such document, such official's signature thereon
being conclusive evidence of such official's approval and the IDA's approval thereof.
FURTHER THAT 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.
FURTHER THAT this Resolution shall be in full force and effect from and after its
adoption.
ADOPTED THIS DAY OF �&ga!�A/ . 2012.
This Resolution was adopted at the mee ' f the Boar of Directors of the IDA duly
called and held this date.
Pamela J. Da ata, President
(-SEAL)
ATTEST:
A
Secretary
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Recorded In Plane County, Mianeuri
Recording Date/Time: 03/0112012 at 09:17:34 AM
Instr Number: 2012002901 ......R
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Book: 1186 Page: 720
Type DE ESMT
Pages 4
Fee 533.00 S 1/ C c0UN� a`�ao
I�fl�lll�ll!IIIIIIIIIIN'IIIIII�IIIIIINIII�nI 11 - •
Grantor INDUSTRIAL DEVELOPMENT AUTHORITY OF Gloria Bayer,
Grantee RIVERSIDE CITY OF Recorder of Deeds
plum Recorded Document to:
Cdy of Riverside
Arm Sarah Wagner
2950 NW Vivion Rd
Riverside,MO 64150
Grantor:
The Industrial Development Authority of Riverside.MO
2950 NW Vivion Road,Riverside,MO 64150
Grantee:
The Cry of Riverside,Missouri
2950 NW Vivion Road,Riverside,MO 64150
ACCESS EASEMENT AMENDMENT
THIS AGREEMENT, made and entered into this]�y of February, 2012, by and
between: The Industrial Development Authority of the City of Riverside, Missouri, a public
corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion
Road, Riverside, Missouri 84150, "Grantor", and the City of Riverside, Missouri, a fourth class city
of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, `Grantee". c"
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WHEREAS, on or about the 12th day of June, 2008, the Grantor established an Access
Easement in favor of Grantee to secure vehicular access to a sanitary sewer pump station, co
which Access Easement was filed of record in Book 1124 at Page 811 in the land records of rn
Platte County, Missouri; and
WHEREAS, the City of Riverside owns said sanitary sewer pump station and as of the
date of this amendment has not transferred ownership of such pump station to a third party; and N
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WHEREAS, in order to accommodate special needs of Grantor, the Grantor and
Grantee desire to amend the location, but not the terms, of said Access Easement and mutually
agree to the new location set forth herein prior to the transfer of ownership of such pump station
to a third party;
WITNESSETH, that the Grantee, in consideration of the sum of One Dollar($1.00) and
other good and valuable consideration to it paid by the Grantor, the receipt and sufficiency of
which is hereby acknowledged, does by these presents release any and all interest it may have
in the Access Easement filed of record in Book 1124 at Page 811 of the land records of Platte
County, Missouri; and
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WITNESSETH FURTHER that the Grantor, in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration to it paid by the Grantor, the receipt and
sufficiency of which is hereby acknowledged, does by the presents further grant, bargain, sell,
convey, and confirm unto said Grantee, its successors and assigns, a non-exclusive Access
Easement in common with the Grantor and others entitled to use the same for ingress, egress
and regress over and upon the below described property ("Easement Property")to provide for
vehicular, (including machinery and equipment) and pedestrian travel to and from the Grantee's
property upon which a pump station is to be built, on, over, along and across, the described lots,
tracts, or parcels of land lying, being and situated in the County of Platte, and the State of
Missouri, to-wit:
See Exhibit A, attached hereto.
THIS ACCESS EASEMENT shall cease and terminate ninety(90)days after Grantee and
the operator of the pump station are given permanent access rights similar to those granted
hereunder to a fully constructed permanent roadway which services and provides access to the
property upon which the pump station is built. This Access Easement is for access only and is not
to be used as a utility easement and accordingly, no items, including but not limited to, public utility
lines, meters, pipes, poles,transformers, or vaults shall be placed on the Easement Property
without prior consent and agreement of the Grantor. It is acknowledged that Grantee intends to
assign its rights hereunder to the operator of the pump station.
GRANTOR states that it is lawfully seized of title to the land through which said easement
is granted and that it has good and lawful right to convey said easement to the Grantee herein.
THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing
covenant running with the land and shall be binding upon the successors and assigns of the
Grantor, unless amended, in writing, by the parties hereto.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the City of Riverside, a fourth class city of the
State of Missouri, and to its successors and assigns forever. m
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IN WITNESS WHEREOF,the said Grantor and Grantee have both hereunto set their
hands this \l"�day r, 2012• co
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THE INDUSTRIAL DEVELOPMENT –o
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CITY OF RIVERSIDE, MISSOURI
("GRANTEE")
By
Kathleen L. Rose, Mayor
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STATE OF MISSOURI )
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COUNTY OF PLATTE )
ON THIS\�day of 2012 before me appeared Pamela J.
Darata,to me personally known, and ho, being by me duly swom, did say that she is President of
the Industrial Development Authority of the City of Riverside, a corporation, and that the seal
affixed to the foregoing instrument is the corporate seal of said corporation and that the instrument
was signed and sealed in behalf of said corporation by authority duly conferred upon her by its
Board of Directors and Pamela J. Darata acknowledged said instrument to be the free act and
deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in
Platte County, Missouri,the day and year last above written.
Notaryp
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Platte county
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STATE OF MISSOURI ))SS —
COUNTY OF PLATTE ) CO
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ON THIS�day of lU ct� 2012, before me, personally �
appeared the honorable Kathleen L. Rose4d me personally known, who being by me duly p
swom, did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, +A
and that said instrument was signed on behalf of said City of Riverside, Missouri by authority of tV
its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and G
deed of said City of Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
In County, the day and year last above written.
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EXHIBIT A
Legal Description
Access Easement Amendment
All that part of the South half of Section 5, and all that part of the North half of Fractional Section 8,
all lying in Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri,
described as follows:
COMMENCING at the Southwest comer of the Southwest Quarter of Section 5, Township 50
North, Range 33 West; thence North 0 degrees 28 minutes 55 seconds East along the West line of
the Southwest Quarter of said Section 5 a distance of 471.96 feet to a point;thence South 89
degrees 31 minutes 05 seconds East a distance of 424.95 feet to a point on the East right of way
line of Van De Populiere Road, the POINT OF BEGINNING;thence North 10 degrees 54 minutes
26 seconds West along the East right of way line of Van De Populiere Road a distance of 101.67
feet to a point;thence North 0 degrees 24 minutes 10 seconds East along the East right of way line
of Van De Populiere Road a distance of 16.31 feet to a point;thence South 89 degrees 35 minutes
34 seconds East a distance of 103.66 feet to a point;thence South 85 degrees 54 minutes 52
seconds West a distance of 124.70 feet to a point;thence South 89 degrees 35 minutes 34
seconds East a distance of 318.10 feet to a point;thence in a Southeasterly direction along a curve
to the right, having a radius of 414.00 feet,through a central angle of 21 degrees 30 minutes 29
seconds, an arc distance of 155.41 feet to a point;thence South 68 degrees 05 minutes 05
seconds East a distance of 2335.61 feet to a point;thence North 21 degrees 54 minutes 55
seconds East a distance of 670.84 feet to a point; thence South 68 degrees 05 minutes 05
seconds East a distance of 100.00 feet to a point;thence South 21 degrees 54 minutes 54
seconds West a distance of 770.84 feet to a point; thence North 68 degrees 05 minutes 05
seconds West a distance of 2435.61 feet to a point;thence in a Northwesterly direction along a
curve to the left, having a radius of 314.00 feet,through a central angle of 21 degrees 30 minutes
29 seconds, an arc distance of 117.87 feet to a point; thence North 89 degrees 35 minutes 34 CX3
seconds West a distance of 318.10 feet to a point; thence South 86 degrees 43 minutes 44 —
seconds West a distance of 124.70 feet to a point; thence North 89 degrees 35 minutes 34 —
seconds West a distance of 83.71 feet to the POINT OF BEGINNING and containing 380,588 p
Square Feet or 8.737 Acres, more or less. rn
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