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HomeMy WebLinkAbout2012-010 IDA Resolution Temporary construction Easement Mattox Road IDA Resolution 2012-010 IDA RESOLUTION NO. 2012-010 A RESOLUTION AUTHORIZING THE EXECUTION AND TRANSFER OF A TEMPORARY CONSTRUCTION EASEMENT IN CONNECTION WITH THE CONSTRUCTION OF MATTOX ROAD AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH. 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, the IDA desires to grant a temporary construction easement under and along certain property owned by it to the City of Riverside, Missouri, for construction. 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 Temporary Construction 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� 2012. This Resolution was adopted at the meeting of the Board of Directors of the IDA duly called and held this date. J Pamela J. Dar a, President (SEAL) ATTEST: Secretary IDA Resolution 2012-010 EXHIBIT A FORM OF CONVEYANCE TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, GRANTOR, for and in consideration of the sum of One Dollar($1.00) and for other good and sufficient consideration (the receipt of which is hereby acknowledged) does by these presents grant, bargain, sell, convey and confirm unto the CITY OF RIVERSIDE, a Municipal Corporation of the State of Missouri, GRANTEE (2950 NW Vivion Road, Riverside, Missouri, 64150), and Grantee's successors and assigns, a temporary construction easement for the location, construction of Mattox Road and any and all appurtenances incidental thereto in, under, upon, over and through the following-described tract of land lying, being and situate in Riverside, Platte County, Missouri, to-wit: A temporary construction easement, being all that part Lot 5, ARGO Innovation Park, a subdivision lying in the Southeast Quarter of Section 6, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: COMMENCING at the Southwest corner of the Southeast Quarter of Section 6, Township 50 North, Range 33 West; thence South 89 degrees 23 minutes 51 seconds East along the South line of the Southeast Quarter of said Section 6 a distance of 1039.93 feet to the Southwest corner of Lot 5, ARGO Innovation Park; thence North 0 degrees 15 minutes 59 seconds Easr along the West line of said Lot 5 a distance of 597.31 feet to the POINT OF BEGINNING; thence continuing North 0 degrees 15 minutes 59 seconds East along the West line of said Lot 4 a distance of 60.23 feet to a point; thence North 26 degrees 49 minutes 53 seconds East along the West line of said Lot 5 a distance of 22.36 feet to a point; thence South 0 degrees 15 minutes 59 seconds West a distance of 80.18 feet to a point; thence North 90 degrees 00 minutes 00 seconds West a distance of 10.00 feet to the POINT OF BEGINNING and containing 702 Square Feet of 0.016 Acres, more or less. By the granting of this easement, it shall not be construed to prohibit the GRANTOR, or GRANTOR'S successors or assigns, from using or developing the property in any manner without interfering with or abridging the rights and easement herein granted, including but not limited to the laying out, establishing and constructing pavement, surfacing of roadways, parking lots, 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, parking lot pavement, grass, shrubs, fences, or curbs), which will interfere with the GRANTEE in entering upon said adjacent land and easement for the purpose of laying, constructing, reconstructing, operating, repairing and maintaining such road improvements and appurtenances. IN TESTIMONY WHEREOF, the said Grantor has hereunto set its hand this xxxx , day xxxxxx 12012. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: IDA Resolution 2012-010 Pamela J. Darata, President STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) On this xxx day of xxxxx 2012 before me appeared Pamela J. Darata, to me personally known, and who, 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. X00000000000=xxxxx Notary Public My term expires /Z�V, IFUMB QDulms 9 �D�cB(KDU 0 Mr�o�oc�oa� o ommonq Recorded In Platte COURtY, Missouri Recording Date/Time: 06106/2012 at 03:35:01 PM Instr Number: 2012008217 �oaoA ofoFF= Book: 1192 Page: 28 c¢�,• :w: Type: DE PJW Pages: 4 Fee: $33.00 S =''j•, g9°,. III�IUI�IIIIIIRIIIaIIIIIIINIIIIIIIIpM� ���°°°N-r�?'�'' Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... ReelordeBer otOV ads Grantee: RIVERSIDE CITY OF RIGHT OF WAY DEED THIS INDENTURE,made thisV�r day of:; 2012,by and between: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI.whose address is NW Vivion Road,Riverside,Missouri 64150, GRANTOR,and the City of Riverside,Missouri,a Missouri municipality,whose address is 2950 N.W.Vivion Road, Riverside,Missouri 64150,GRANTEE. WITNESSETH,that the GRANTOR,in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration to it paid by the GRANTEE,the receipt and sufficiency of which is hereby acknowledged,does by these presents grant,bargain,sell,convey,and confirm unto GRANTEE,its successors and assigns,a Right of Way for the construction,improvement, reconstruction and maintenance of a right of way for public use as a street,roadway or thoroughfare, including but not limited to,the construction,maintenance and use of conduits,water,gas,sewer pipes, poles,wires,storm water drainage facilities,ducts,cables on,over,along,across,and under the following described tract of land situated in Platte County, Missouri,to-wit: See Exhibit A,attached GRANTOR further states that it is lawfully seized of title to the land through which the Right of Way is granted and that is has good and lawful right to convey the Right of Way to the GRANTEE herein. THIS GRANT and right of way 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. Mgp00& VV VIIoLJ�op�C�.111S�15o�OoUJ�� Boo k 1 192 Pa 9 e 23 M�offoc�o�a� VD ( c�arc�r�t� TO HAVE AND TO HOLD THE SAME,together with all appurtenances and immunities thereunto belonging or in any way appertaining,unto the GRANTEE and to its successors and assigns forever. IN WITNESS WHEREOF,the said GRANTOR has hereunto set its hand this \5� day of r _,2012. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ITY OF RI RSIDE, MISSOURI Pamela J. Darata re ident Attest: Secretary ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) ON THIS day of �JC`�� 2012, before me, the undersigned, a Notary Public in and for said Co my and state, personally appeared Pamela J. Darata, to me personally known, who being by me duly sworn,did say that she is the President of The Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly organized and existing under the laws of the state of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. otary Public My Commission Expires: Z_ONS PaPN I-WA °..4pVr7 P46i'-10 o `Conn•11277184_ Platte County OF 4o0 Explls�� QABOA MeamgslBOA Packeb1201213012-05-29Vt-2201/22-0(700/RRes(pI IDA(ROW EI.dm � nn 2 Ll UIS U'po���1V Vl/ VV o�JOo p�L.1���o�Oo�J�� ' p t3r3g k 1 142 F'z.. g eGMMN 2s J I 1 r — I N2�'49'5kE41sl Street R/W 22N0015'59eE S. RA Line, 41st Street 60.23' and N. Line of Lot 5 S00'15'59eW Point of80.18' Beginning 702 Square Feet d N90100'00eW 0.016 Acres 10.00' r4 E. R/W Llne, Liattox Road I and W. Line of Lot 5 eft I h ego o{ 15�trc\de 1' _ goo' in \NaGt1 at 0' 50' 100' 200' I 0��eitr0 SCALE IN FEET I SE. Cor., SE. 1/4, SW. Cor. of Lot 5 _ Sec. 6, T50N, R33W S8973'51"E 1039.93' _ _ S. Line, SE, 1/4, Sec. 6, T50N, R33W 2708.48' Point of Commencing SW. Cor., SE 1/4, Sec. 6, T50N, R33W - PROJECTNO: 009.1632H TJ0l west lata suee EXHIBIT DRAWN BY: MLB Right of Way Exhibit OkOLSSON a.nemie ill esys+ieo TB1� U 11 DATE: 03/08112 A S S O C I A T f 5 FAX A%YI]MI.1a9l1.111e • p�a�C� �Oo �1f�l�g k 1192 Page 28 M�of,�oc�oa� o oc�a�wc��� Fite No.2009-1632H Mattox Road March 6,2012 EXHI I Right of Way-Industrial Development Authority of the City of Riverside All that part of Lot 5,ARGO Innovation Park,a subdivision lying in the Southeast Quarter of Section 6,Township 50 North,Range 33 West,in the City of Riverside,Platte County,Missouri, described as follows: COMMENCING at the Southwest comer of the Southeast Quarter of Section 6,Township 50 North,Range 33 West;thence South 89 degrees 23 minutes 51 seconds East along the South line of the Southeast Quarter of said Section 6 a distance of 1039.93 feet to the Southwest comer of Lot 5,ARGO Innovation Park;thence North 0 degrees 15 minutes 59 seconds East along the West line of said Lot 5 a distance of 597.31 feet to the POINT OF BEGINNING;thence continuing North 0 degrees 15 minutes 59 seconds East along the West line of said Lot 5 a distance of 60.23 feet to a point;thence North 26 degrees 49 minutes 53 seconds East along the West line of said Lot 5 a distance of 22.36 feet to a point;thence South 0 degrees 15 minutes 59 seconds West a distance of 80.18 feet to a point;thence North 90 degrees 00 minutes 00 seconds West a distance of 10.00 feet to the POINT OF BEGINNING and containing 702 Square Feet or 0.016 Acres,more or less. i i Ll Ll��po��l/�l VV VV o�Oop�CCalIS ISLJo�OoI�J��