HomeMy WebLinkAbout2012-011 IDA Resolution Cross Access Easement Lot 13 Horizons East First Plat IDA Resolution 2012-011
IDA
RESOLUTION NO. 2012-011
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
CROSS ACCESS EASEMENT BETWEEN LOT 1 AND LOT 2 OF THE REPLAT
OF LOT 13 RIVERSIDE HORIZONS EAST FIRST PLAT 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 provide a Cross Access Easement over a portion of Lots
1 and 2 of the Replat of Lot 13 Riverside Horizons East First Plat owned by the IDA to provide
certain cross access rights and obligations of subsequent owners of such tracts;
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 Cross Access Easement between Lots 1 and 2 of the Replat of Lot 13
Riverside Horizons East First Plat 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 AR 2012.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
Pamela J. D ata, resident
(SEAL)
ATTEST:
Cy
Secretary
Recorded in Platte County, Missouri
Recording Date/Time: 04/26/2012 at 10:08:35 AM
Instr Number: 2012005957 QR C
Book: 1189 Page: 770 ;`��°. '••FFo:
Type: DE ESMT a; N-li
Pages: 10 1i(/
III IIII III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I III 1 1� _ �� rr...I'1;9�0``�
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Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Gloria Boyer,
Grantee: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Recorder of Deeds
For recording purposes only:
Title of Document: Cross Access Easement Agreement
Date of Document: April . 2012 00
Grantor(s): The Industrial Development Authority of the City of Riverside, _
Missouri CO
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Grantee(s): The Industrial Development Authority of the City of Riverside, clo
Missouri O
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Grantee(s) Mailing Address: 2950 NW Vivion Road, Riverside, Missouri 64150 v
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Legal Description: Lots 1 and 2, Replat of Lot 13, Riverside Horizons East First Plat,
Riverside, Missouri
Reference Book and Page(s): N/A
PLEASE RETURN RECORDED DOCUMENT TO:
/C
arah Wagner
City of Riverside,Missouri
2950 NW Vivion Road
Riverside, Missouri 64160
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CROSS ACCESS AND EASEMENT AGREEMENT
THIS CROSS ACCESS EASEMENT AGREEMENT (this "Agreement") is made this _
day of April, 2012, by and between The Industrial Development Authority of the City of
Riverside, Missouri ("IDA") and The Industrial Development Authority of the City of
Riverside, Missouri (the "IDA") with an address of 2950 NW Vivion Road, Riverside, Missouri 64150
as both Grantor and Grantee of the easements and rights described herein.
RECITALS:
A. IDA is the owner in fee simple of certain real property now legally described as Lot 1 of
Replat of Lot 13, Riverside Horizons East First Plat("Lot V).
B. IDA is the owner in fee simple of certain real property now legally described as Lot 2 of
Replat of Lot 13, Riverside Horizons East First Plat("Lot 2").
C. IDA desires to enter into this Agreement in order to provide for mutual access for the
benefit of Lot 1 and Lot 2 in accordance with the terms and provisions set forth in this Agreement with
respect to Lots 1 and 2, Replat of Lot 13, Riverside Horizons East First Plat(the"Plat").
D. Lot 1 and Lot 2 maybe collectively referred to herein as the "Lots", each owner of a Lot x
may be referred to as an "Owner" or a "Lot Owner" and the owners of the Lots may be collectively
referred to herein as the"Owners"or the"Lot Owners'). _
E. Immediately after the recording of this Agreement, it is contemplated that IDA will convey lD
Lot 1 to The City of Riverside, Missouri (Riverside)which will thereafter convey Lot 1 to Riverside Horizons, n
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LLC, a Missouri limited liability company, which will thereafter convey Lot 1 to Gallagher North America, p
Inc., a Texas corporation or its affiliate ("Gallagher"), and Gallagher contemplates constructing warehouse J
improvements on Lot 1(the"Lot 1 Improvements'). 'J
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F. In connection with the Lot 1 Improvements, Gallagher will be paving not only a portion of
Lot 1 as legally described on Exhibit A(the "Lot 1 Access Drive Easement Area") but also a portion of the
Lot 2 as legally described on Exhibit B (the 'Lot 2 Access Drive Easement Area"), and Gallagher and its
invitees will be using the Lot 2 Access Drive Easement Area for maneuvering of trucks as they enter the
parking area of Lot 1.
AGREEMENT:
NOW, THEREFORE, in consideration of the recitals, the covenants and agreements
contained herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, IDA grants as follows:
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Section 1. Recitals. The recitals set forth above are true and correct and are incorporated
herein by reference.
Section 2. Grant of Access Easements.
(a) IDA as the Owner of Lot 1, hereby grants, declares and establishes to and for the benefit
of IDA its successors and assigns, as an appurtenance to Lot 2, a perpetual, non-exclusive right and
easement for pedestrian and vehicular ingress and egress in, to, upon, over and across the Lot 1 Access
Drive Easement Area, to have and to hold such easement unto IDA, its successors and assigns, subject,
however,to the terms of this Agreement.
(b) IDA, as the Owner of Lot 2, hereby grants, declares and establishes to and for the
benefit of IDA, its successors and assigns, as an appurtenance to Lot 1, a perpetual, non-exclusive right
and easement for pedestrian and vehicular ingress and egress in, to, upon, over and across the Lot 2
Access Drive Easement Area, to have and to hold such easement unto IDA, its successors and assigns,
subject, however, to the terms of this Agreement. The Lot 1 Access Drive Easement Area and the Lot 2
Access Drive Easement Area will be collectively referred to herein as the "Access Drive' or the "Access
Drive Easement Areas".
(c) IDA, as the owner of Lot 1 and IDA as the owner of Lot 2, hereby grants, declares and
establishes to and for the benefit of IDA, and their successors and assigns,for the benefit of each of Lot
1 and Lot 2 and burdening each of Lot 1 and Lot 2 perpetual, non-exclusive rights of access for vehicular
and pedestrian traffic across the Lots over only those the portions of Lots 1 and 2 that are designed and
constructed for pedestrian and vehicular passage way and are generally open for such usage to allow
access to Lot 1 and Lot 2 at those points which are from time to time open for pedestrian and vehicular —
access, ingress and egress between and across the Lots. No parking easements or rights are granted by
to
this Agreement. No access, ingress or egress rights to any building or other improvements or structure 10
constructed on a Lot is granted hereby. a_'J
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(d) The Owner of each of Lot 1 and/or Lot 2, may modify, restrict, alter or change any v
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driveways providing access, ingress or egress on, over or across Lot 1 and Lot 2 without first obtaining U
the prior written consent of the owner of the other tract, provided that nothing shall allow either the
Owner of Lot 1 or Lot 2 to alter their respective portions of the Access Drive without the consent of the
other.
(e) The intent of this Section 2 is to allow the free vehicular and pedestrian access over and
across the Access Drive to and from Lot 1 and Lot 2.Accordingly,the Owners agree that no building,wall
or other structural barrier of any kind may be located upon the Access Drive other than during periods
of maintenance, repair or replacement. The Owners shall not allow vehicles or equipment to park or
stand within the Access Drive.
(f) Each Owner reserves the non-exclusive right to use such portions of the Access Drive as
are located on such Owner's property for any purpose not inconsistent with the rights granted to the
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other Owners hereunder, including but not limited to the right to install subterranean utilities within the
Access Drive. Each Owner shall provide fifteen (15) days advanced written notice to the non-installing
Owner(s) about the intent of Owner to install subterranean utilities. Further, all such non-exclusive use
of the Access Drive shall be done in such a manner as to limit and minimize interference with the use of
the Access Drive by the non-installing Owner(s), and further the Owner performing any such work shall
be responsible for all actual direct and indirect costs, expenses and losses associated with said
installations, including but not limited to non-installing Owners utility interruptions and landscaping
disturbances, and further any damage to any non-installing Owners property shall be promptly repaired
at the sole cost and expense of the Owner performing any such work.
Section 3. Grant of Access Easements for Construction. Each Owner hereby grants to the
other Owner (the "Constructing Owner') an easement for access to the Access Drive Area on its Lot for
purposes of constructing, developing, paving, installing and maintaining the Access Drive prior to
buildings being constructed on both Lots, it being the intent of the Owners that the Constructing Owner
may construct, develop, pave, install and maintain the Access Drive on its Lot and in the Access Drive
Easement Area on the adjacent Lot (an "Adjacent Easement Area") when such Constructing Owner will
have the need to utilize the Access Drive Easement Areas but such Access Drive has not been
constructed or installed by the Owner of the adjacent Lot (the "Adjacent Owner') on the Adjacent
Easement Area.
Section 4. Damage to and Maintenance of Access Drive. Any damage to the Access Drive x
caused by a Lot Owner or its agents, employees,servants or invitees shall be repaired at the cost of such
Lot Owner.
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(a) Except as set forth in the first sentence of this Section 4,the Owner of the Lot 1 Access t0
Drive Easement Area shall be responsible for all maintenance, repair and replacement of the Lot 1 a-
Access Drive Easement Area. Except as set forth in the first sentence of this Section 4, the Owner of the O
Lot 2 Access Drive Easement Area shall be responsible for all maintenance, repair and replacement of _�J
the Lot 2 Access Drive Easement Area. __J
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(b) Each Owner shall maintain its respective portion of the Access Drive at all times in good
and clean condition and repair in a quality and condition comparable with similar commercial
developments in Platte or Clay County, Missouri. Such maintenance ("Maintenance") shall include,
without limitation,the following:
(i) Maintaining, repairing and resurfacing, when necessary, all paved surfaces of
the respective Access Drive Easement Areas in a level, smooth and evenly covered condition
with the type of surfacing material originally installed or such substitute as shall in all respects
be equal or superior in quality, use and durability; and restriping,when necessary.
(ii) Removing all snow, papers, debris,filth and refuse and sweeping the area to the
extent reasonably necessary to keep the Access Drive Easement Area in a clean and orderly
condition.
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(iii) Maintaining, repairing and replacing, when necessary, all respective Access
Drive Easement Area traffic directional signs, markers and lines.
(iv) Operating, maintaining, repairing and replacing, when necessary, such artificial
lighting facilities as shall be reasonably required along the respective Access Drive Easement
Area.
(v) Performing itself or contracting with a third party or parties to perform any of
the services described herein.
(c) During such time as a building has been constructed on only one of the Lots and only
one Owner is using the Access Drive Easement Areas, the Owner of such developed Lot utilizing the
Access Drive Easement Areas shall pay all costs of Maintenance whether on the Access Drive located on
its Lot or on the portion of the Access Drive located on the adjacent Lot. Once a building is constructed
on both Lots, all costs of maintenance and repair shall be as set out above in Section 4(a).
Section 5. Right to Maintain the Access Drive. In the event any Owner fails to maintain the
Access Drive Easement Area on its Lot (the"Defaulting Owner") in accordance with this Agreement, any
other Owner may, upon thirty (30) days written notice to the Defaulting Owner, repair or maintain the
Defaulting Owner's Access Drive Easement Area. Anything to the contrary in this Agreement
notwithstanding, in the event that an emergency condition should exist because of the failure of a
Defaulting Owner to perform any of its obligations in accordance with this Agreement, any other Owner
may immediately repair such Owner's Access Drive Easement Area. For the purposes of the preceding
sentence,the phrase"emergency condition" shall mean any condition constituting an immediate risk of
injury to person or serious damage to property. In the event an Owner repairs the Defaulting Owner's Co
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Access Drive Easement Area,the Defaulting Owner, pursuant to this section shall,within thirty (30) days
after being invoiced therefore, reimburse the paying Owner for the cost of the Defaulting Owner's
Access Drive Maintenance costs incurred by the paying Owner in the repair of the Defaulting Owner's CD
Access Drive Easement Area, including all expenses incurred for labor(including the reasonable costs of
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salaries and other costs or fringe benefits of persons actually employed by the paying Owner to perform C)
such work),services,equipment,supplies and materials used in performing such obligations.
Section 6. Insurance. Each Owner shall obtain liability insurance to protect itself from the
claims of other parties with regard to the use of the Access Drive in amounts deemed reasonable to
protect themselves, and no Owner shall be obligated to include any other party as a named insured in
such policies. Each Owner ("Indemnifying Party") shall indemnify the other Owner(s) ("Indemnified
Party') for all costs, expenses and damages sustained by the Indemnified Party as a result of the
Indemnifying Partys failure to meet the Indemnifying Party's obligations under this Agreement.
Section 7. Attorneys' Fees and Costs. If any legal action or other proceeding is brought for
the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection
with any of the provisions of the Agreement, the prevailing party or parties shall be entitled to recover
reasonable paralegal and attorneys'fees and other costs incurred in that action or proceeding, including
those related to appeals in addition to any other relief to which it or they may be entitled.
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Section 8. Private Agreement. This Agreement does not and shall not be construed to
grant any rights to the public in general.
Section 9. Enforcement. Each party agrees to use all reasonable efforts to enforce the
easements, rights and restrictions herein against its tenants, customers, licensees, guests and invitees,
as applicable.
Section 10. Binding Effect. The easements, rights and restrictions granted herein shall be
appurtenant to and shall run with Lot 1 and Lot 2, as applicable, and shall be binding upon IDA and the
IDA and their respective successors and assigns. Such easements, rights and restrictions shall inure to
the benefit of the IDA, as applicable, and its respective tenants, customers, invitees, licensees,
successors and assigns.
Section 11. Notices. All notices, demands and requests required or permitted to be given
under this Agreement must be in writing and shall be deemed to have been given as of the date such
notice is (i) delivered to the party intended, (ii) delivered to the then designated address of the party
intended, or (iii) rejected at the then designated address of the party intended, provided such notice
was sent prepaid certified mail, return receipt requested or by overnight courier providing for delivery
against receipt.The initial addresses of the parties shall be:
The Industrial Development Authority of the City of Riverside, Missouri
2950 NW Vivion Road
Riverside, Missouri 64150 W
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with a copy to: City of Riverside, Missouri
2950 NW Vivion Road O
Riverside, Missouri 64150 lD
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And �
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Levy Craig Law Firm v
Attn:Scott Seitter O
1301 Oak Street,Suite 500
Kansas City, Missouri 64106
Section 12. Counterparts. This Agreement may be executed in multiple, separate
counterparts.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement by authority duly
given, as of the date first written above.
The Industrial Development Authority of the City of
Riverside,Missouri
ATTEST:
By:
Name: �'� ✓ 1
Title: �CEg
The Industrial Development Authority of the City of
Riverside, Missouri
ATTEST:
By:
Name:
Title:
C1
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STATE OF N�C 5410Uc: )
)ss
COUNTY OF
On this` day of April, 2012, before me 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 and that said instrument was signed and sealed by authority of its Board
of Directors, and said officer acknowledges said instrument to be executed for the purposes therein
I'—
t said Industrial Development Authority of the City of Riverside,
souri. ROBIN L.LITTRELL
Notary Public-Notary Seal
State of fission d.Ray county
Commission• 11390631 �
My Commission Expires Mar 8,2015
Notary Public
My commission expires:
STATE OF W
)ss x
COUNTY OF
On this1�lay of April, 2012, before me appeared PAMELA J. DARATA, to me personally known, who, CIO
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being by me duly sworn, did say that she is the PRESIDENT of the Industrial Development Authority of
the City of Riverside, Missouri and that said instrument was signed and sealed by authority of its Board C7
of Directors, and said officer acknowledges said instrument to be executed for the purposes therein J
Iia d an as the free act and deed of said Industrial Development Authority of the City of Riverside, J
ssouri. ROBIN L.LITTRELL CD
Notary Missouri,
Ray Seal
State of Missouri,Ray County
Commission # 11390631 �.
My Commission Expires Mar 8,2015 Notary Public
My commission expires:
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Exhibit A
Lot 1 Access Easement
41ST STREET
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Lot 1 Lot 2
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A part of Lot 1,REPLAT OF LOT 13,RIVERSIDE HORIZONS EAST FIRST lI�
PLAT,a subdivision in the City of Riverside,Platte County,Missouri,more —p
particularly described as follows: t�
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The East 20.00 feet of said Lot 1,containing 10,530 square feet,or 0.24 acres,more _t
or less. -_I
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11490 Sv Line Rd I Lenexa,K..66215 1
(913)317,9500 1 'w'�mtT+c� a'-com
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Exhibit B
Lot 2 Access Easement
41ST STREET
c 20' A/E
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Lot 1 Lot 2
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0 50' 100'
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A part of Lot 2,REPLAT OF LOT 13,RIVERSIDE HORIZONS EAST FIRST V�
PLAT,a subdivision in the City of Riverside,Platte County,Missouri,more C:)
particularly described as follows: v
The West 20.00 feet of said Lot 1,containing 10,530 square feet,or 0.24 acres, O
more or less.
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Consulting (R•l•C)
1149OSmg Line Roel I Lma.,Kan=es 66215 1
(913)3174500 1 www.ro infieamm..wm