HomeMy WebLinkAbout2012-013A IDA Resolution Water Main Easement MAW IDA Resolution 2012-013 A
IDA
RESOLUTION NO. 2012-013 l�
A RESOLUTION AUTHORIZING THE EXECUTION AND TRANSFER OF A
WATER MAIN IMPROVEMENT APPURTENANCES EASEMENT WITH
MISSOURI AMERICAN WATER 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 water main improvement and appurtenances
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 Water Main Improvement and Appurtenances Easement to the Missouri
American Water 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 cant' 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 meeti the Board of Directors of the IDA duly
called:and hetd this date.
' = Pamela J. Darata, P sident
ATT ST.
Secretary
IDA Resolution 2012-013 A
EXHIBIT A
FORM OF CONVEYANCE
WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT
THIS WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT (the
"Easement") is entered into by The Industrial Development Authority of the City of Riverside, a
Missouri City, whose mailing address is 2950 NW Vivion Road, Riverside, MO 64150, its
successors and assigns, herein referred to as GRANTOR, and MISSOURI-AMERICAN
WATER COMPANY, a Missouri corporation, whose mailing address is 727 Craig Road, St.
Louis, MO 63141, its successors and assigns, herein referred to as GRANTEE.
GRANTOR, in consideration of the sum of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by
these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its successors and
assigns, an easement to construct, operate, maintain, reconstruct, inspect and remove water main
improvements and appurtenances thereto, as may be required from time to time upon, over and
under GRANTOR's land situated in Platte County, State of Missouri, generally described in
Exhibit A and Exhibit B attached hereto and made a part hereof(the"Property").
GRANTEE assumes the responsibility for the proper installation of GRANTEE's lines
and agrees to save GRANTOR harmless from any and all damage caused to GRANTOR's
property due to the negligence of GRANTEE, its agents and employees.
GRANTEE is hereby granted the right and permission to clear, remove and keep the
Easement Area cleared of trees, limbs, roots, signs, buildings, structures, and other obstructions
which in the reasonable opinion of GRANTEE might damage, endanger, or interfere with the
operation, maintenance, or safety of said lines, and to enter upon the Property for access to the
Easement Area for the purpose of exercising the rights herein granted at any time.
GRANTEE agrees that GRANTOR shall otherwise have full and free use of said
Easement Area, subject to the rights herein granted to GRANTEE; provided that no operation or
construction shall be performed or permitted by GRANTOR on the Easement Area which might
damage, endanger or interfere with the operation, maintenance or safety of said lines. The
easements shall not be construed to prohibit the GRANTOR from developing any adjoining
property or from the laying out, establishing and constructing of pavement, surfacing of
roadways, curbing and gutters along, upon, over or across said easement or any portion thereof.
GRANTOR, for itself, its successors and assigns, warrants that it is the owner of the
Property containing the Property and has the right to grant this Easement.
TO HAVE AND TO HOLD THE PREMISES AFORESAID, with all and singular the
rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining
unto said GRANTEE, and unto its successors and assigns forever; said GRANTOR hereby
covenanting that said premises are free and clear of any encumbrance done or suffered by it, and
that it will warrant and defend the title to said premises unto said GRANTEE and unto its
IDA Resolution 2012-013 A
successors and assigns forever, against the lawful claims and demands of all persons claiming
under GRANTOR.
The failure to enforce any right, restriction, condition, covenant or agreement herein
contained shall in no event be deemed a waiver of the right to do so thereafter as to the same
breach or as to one occurring prior or subsequent thereto.
Executed this_day of 2012.
The Industrial Development Authority of the
City of Riverside
By: XXXXXX
Name and Title:
Missouri-American Water Company
By: XXXXXXX
Name and Title:
IDA Resolution 2012-013 Q
ACKNOWLEDGMENTS
STATE OF MISSOURI )
ss.
COUNTY OF )
On this day of 2012, before me the undersigned Notary Public,
personally appeared , to me personally known who being by
me duly sworn did say that she/he is a of The Industrial
Development Authority of the City of Riverside, and that she/he executed the foregoing
instrument and acknowledged to me that she/he executed the same as her/his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
last above written.
XXXXXXX
Notary Public
[Notary Seal]
My commission expires:
IDA Resolution 2012-013A
STATE OF MISSOURI )
) ss.
COUNTY OF )
On this day of 2012, before me the undersigned Notary Public,
personally appeared to me personally known who being by me duly
sworn did say that she/he is the of Missouri-American Water Company, and
that she/he executed the foregoing instrument pursuant to due authority and acknowledged to me
that she/he executed the same as her/his free act and deed as the act of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
last above written.
3DXXXXX
Notary Public
[Notary Seal]
My commission expires:
File No.2011-1158/2009-1632
Horizons East
February 14, 2012
Revised July 10, 2012
EXH8
Uitility Easement
All that part of Tract A and Lot 1, Riverside Horizons East First Plat, a subdivision in the City of
Riverside,Platte County, Missouri, described as follows:
BEGINNING at the Southwest comer of Lot 1,Riverside Horizons East First Plat;thence North
0 degrees 24 minutes 10 seconds East along the West line of said Lot 1 a distance of 5.70 feet to
a point; thence North 13 degrees 47 minutes 07 seconds East along the West line of Tract A and
Lot 1 of said Riverside Horizons First Plat a distance of 750.86 feet to the Northwest comer of
said Tract A;thence South 65 degrees 23 minutes 32 seconds East along the Northerly line of
said Tract A, a distance of 50.91 feet to a point;thence South 13 degrees 47 minutes 07 seconds
West a distance of 114.95 feet to a point on the North line of said Lot 1;thence South 63 degrees
11 minutes 02 seconds West a distance of 39.51 feet to a point; thence South 13 degrees 47
minutes 07 seconds West a distance of 598.30 feet to a point; thence South 0 degrees 24 minutes
10 seconds West a distance of 3.35 feet to a point on the South line of said Lot 1;thence North
89 degrees 35 minutes 34 seconds West along the South line of said Lot 1 a distance of 20.00
feet to the POINT OF BEGINNING and containing 18,971 Square Feet or 0.436 Acres,more or
less.
Also,
All that part of Lot 2,Riverside Horizons East First Plat, a subdivision in the City of Riverside,
Platte County,Missouri, described as follows:
BEGINNING at the Northwest corner of Lot 2, Riverside Horizons East First Plat;thence South
89 degrees 35 minutes 50 seconds East along the North line of said Lot 2 a distance of 20.00 feet
to a point;thence South 0 degrees 24 minutes 10 seconds West a distance of 487.00 feet to a
point on the South line of said Lot 2; thence North 89 degrees 35 minutes 50 seconds West along
the South line of said Lot 2 a distance of 20.00 feet to the Southwest comer thereof;thence North
0 degrees 24 minutes 10 seconds East along the West line of said Lot 2 a distance of 487.00 feet
to the POINT OF BEGINNING and containing 9,740 Square Feet or 0.224 Acres,more or less.
58523'32 E 50.91'
K Line o/Tract A
S1347'07'w
114.95'
`S53'11'02'W .pel
f �rizp
39.51'
E R/W Line.
Van De Populiere Road / S.LITE,of Trod
(Book Hit,Pop 854) N Llna of Lo f 1
and W.Une o/Lot 1
Riverside Horizons East nrat Plot ,
N /
n
�W
18,9711 SgFLt ir)� a�
0.436 Acres 2 pa Lot I
Riverside Horizons
East Krst Plat
C IN
1-20OO.
01 50. too. 200'
SCALE IN FEET
It
N.Line of 42nd St.,
N0024'10E s.Line of Lot 1
5.70' S00200'W 3.35'
Point of Beginning
SM. Cor. of Lot I N893534W 20.00'
Riverside Horizons 42nd St.
East i}rst Plat
Point of Beginning
".. Cor. of Lot 2I S8935'50E 20.00'
ve
Rirside Horizons
East First PlatI N.S.Line of 42nd St.,
I Line of Lot 2
E R/W LMe. H.-20.00'
Van Do Popullere Road 1
(Book 1111,Page 854)
and W.Line o/Lot 2
Riverside Horizons East p
Feet Piot I0 O O Lot 2 Lot 3
Riverside Horizons Riverside Horizons
I3
d[Sq
w East F)rvi Plat East First Plat
b
o
9,740 Sans
0.224 Acres N I N
g Ig
N89'35'50'W 20.00'
N.Line of41Id St.
S.Line Of
Lot 2
PROJECT NO: 2011-1158
oRAwN Br: MLB
EXIBIT
Essis oskssa.reUtility Easement Exhibit //AOLSSON
DATE: 05107112 1 AaaoclATss rrx vazeJam
Recorded in Platte County, Missouri
Recording Date/Time: 07/30/2012 at 12:00:42 PM
Instr Number: 2012011101 ......R
Book: 1194 Page: 907 oEof -
Type: DE ESMT :4 ;N
Pages: 5 '
Fee: 536.00 S y •
III IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III --lc�it_3�, '1590`�.
Grantor: INDUSTRIAL DEV AUTHORITY OF THE CIT... Gloria Boyer,
Grantee: MISSOURI AMERICAN WATER CO Recorder of Deeds
WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT
THIS WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT (the
"Easement") is entered into by The Industrial Development Authority of the City of Riverside, a
Missouri City, whose mailing address is 2950 NW Vivion Road, Riverside, MO 64150, its
successors and assigns, herein referred to as GRANTOR, and MISSOURI-AMERICAN
WATER COMPANY, a Missouri corporation, whose mailing address is 727 Craig Road, St.
Louis, MO 63141, its successors and assigns,herein referred to as GRANTEE.
GRANTOR, in consideration of the sum of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by
these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its successors and
assigns, an easement to construct, operate, maintain, reconstruct, inspect and remove water main
improvements and appurtenances thereto, as may be required from time to time upon, over and
under GRANTOR's land situated in Platte County, State of Missouri, generally described in
Exhibit A and Exhibit B attached hereto and made a part hereof(the "Property").
GRANTEE assumes the responsibility for the proper installation of GRANTEE's lines
and agrees to save GRANTOR harmless from any and all damage caused to GRANTOR's
property due to the negligence of GRANTEE, its agents and employees.
GRANTEE is hereby granted the right and permission to clear, remove and keep the
Easement Area cleared of trees, limbs, roots, signs, buildings, structures, and other obstructions
which in the reasonable opinion of GRANTEE might damage, endanger, or interfere with the
operation, maintenance, or safety of said lines, and to enter upon the Property for access to the
Easement Area for the purpose of exercising the rights herein granted at any time.
GRANTEE agrees that GRANTOR shall otherwise have full and free use of said
Easement Area, subject to the rights herein granted to GRANTEE; provided that no operation or
construction shall be performed or permitted by GRANTOR on the Easement Area which might
damage, endanger or interfere with the operation, maintenance or safety of said lines. The
easements shall not be construed to prohibit the GRANTOR from developing any adjoining
E.Dr--i- k 1194 PaL ❑ p 907
property or from the laying out, establishing and constructing of pavement, surfacing of
roadways, curbing and gutters along,upon, over or across said easement or any portion thereof.
GRANTOR, for itself, its successors and assigns, warrants that it is the owner of the
Property containing the Property and has the right to grant this Easement.
TO HAVE AND TO HOLD THE PREMISES AFORESAID, with all and singular the
rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining
unto said GRANTEE, and unto its successors and assigns forever; said GRANTOR hereby
covenanting that said premises are free and clear of any encumbrance done or suffered by it, and
that it will warrant and defend the title to said premises unto said GRANTEE and unto its
successors and assigns forever, against the lawful claims and demands of all persons claiming
under GRANTOR.
The failure to enforce any right, restriction, condition, covenant or agreement herein
contained shall in no event be deemed a waiver of the right to do so thereafter as to the same
breach or as to one occurring prior or subsequent thereto.
Executed this day of , 2012.
The Industrial Development Authority of the
Ci 'verside
By.
N e and Title: S
Missouri- can Water any
By.
Name and tle: e /�/��
We /- e5P 4s °a ("
E:rryk: 119'x} Pwas o
ACKNOWLEDGMENTS
STATE OF MISSOURI )
ss.
COUNTY OF )
On this \0�\ day of 2012, before me the undersigned Notary Public,
personally appeared Pamela Darat6, 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,
and that she executed the foregoing instrument and acknowledged to me that she executed the
same as her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
last above written.
Notal Public 0\\'p-," WAG""'//\X kLi,�
[Notary Seal] = '
Commission 111277184=
Platt*County
My commission expires: 1 C5 10. 5 "s
mr•<Y°t 9os. e b
rOFIIDA;S%`���1�;
14r4/0n Ex01rs*1
STATE OF MISSOURI )
) ss.
COUNTY OF t*Lowre lWy )
On this 254A day of S"y , 2012, before me the undersigned Notary Public,
personally appeared 6reA Int to me personally known who being by
me duly sworn did say ffiat she/he is -sf V ca. Pr coi o!4 .t of Missouri
American Water Company, and that she/he executed the foregoing instrument and acknowledged
to me that she/he executed the same as her/his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
last above written.
Notary Publ c
[Notary Seal]
My commission expires:
MAX A.MOYNIHAN
Notary Public-Notary Seal
STATE OF MISSOURI
St Louis City
+,Fy Commission Expires: Dec.9,2012
Commission 108562680
File No. 2011-1158/2009-1632
Horizons East
February 14, 2012
Revised July 10, 2012
EXH8
Utility Easement
All that part of Tract A and Lot 1, Riverside Horizons East First Plat, a subdivision in the City of
Riverside, Platte County, Missouri, described as follows:
BEGINNING at the Southwest corner of Lot 1, Riverside Horizons East First Plat;thence North
0 degrees 24 minutes 10 seconds East along the West line of said Lot 1 a distance of 5.70 feet to
a point; thence North 13 degrees 47 minutes 07 seconds East along the West line of Tract A and
Lot 1 of said Riverside Horizons First Plat a distance of 750.86 feet to the Northwest comer of
said Tract A; thence South 65 degrees 23 minutes 32 seconds East along the Northerly line of
said Tract A, a distance of 50.91 feet to a point; thence South 13 degrees 47 minutes 07 seconds
West a distance of 114.95 feet to a point on the North line of said Lot 1; thence South 63 degrees
1 l minutes 02 seconds West a distance of 39.51 feet to a point; thence South 13 degrees 47
minutes 07 seconds West a distance of 598.30 feet to a point;thence South 0 degrees 24 minutes
10 seconds West a distance of 3.35 feet to a point on the South line of said Lot 1; thence North
89 degrees 35 minutes 34 seconds West along the South line of said Lot I a distance of 20.00
feet to the POINT OF BEGINNING and containing 18,971 Square Feet or 0.436 Acres, more or
less.
Also,
All that part of Lot 2,Riverside Horizons East First Plat, a subdivision in the City of Riverside,
Platte County,Missouri, described as follows:
BEGINNING at the Northwest comer of Lot 2, Riverside Horizons East First Plat; thence South
89 degrees 35 minutes 50 seconds East along the North line of said Lot 2 a distance of 20.00 feet
to a point; thence South 0 degrees 24 minutes 10 seconds West a distance of 487.00 feet to a
point on the South line of said Lot 2; thence North 89 degrees 35 minutes 50 seconds West along
the South line of said Lot 2 a distance of 20.00 feet to the Southwest corner thereof;thence North
0 degrees 24 minutes 10 seconds East along the West line of said Lot 2 a distance of 487.00 feet
to the POINT OF BEGINNING and containing 9,740 Square Feet or 0.224 Acres, more or less.
�:slsJ k: 1194 P-3. g a 90
S8523'32 E 50.91'
N Line o/tract A
/ Sf3'47'07'W
114.95'
/�(1 No,
9
„S83*11'02'W aei h'o„i2o
/ 39.51'
E.R/W Line,
Van 0e POpdiE a Road / S.Line of Tract A
N Lin
(Book 1111,Page 854) e of Lot I
one W. Lina of Lott \
Riverside Horizons East First Plot /
p�
O
r cd
19,971 SgFG3 J� /Id Lot I
0.498 Acres =
1L'verside Horizons �I�
Eest First Plat
/gip
�?oDD
750' 100 200'
It SCALE IN FEET
It
N.Line of 42nd St
N002410E S.Ltne of Lot 1
5.70' S0024'10'W 3.35'
Point of Beginning
SN Cor. of Lot I N8935'34'W 20.00'
Mone2side Horizons 42nd St
East Fi2st Plat
Point of Beginning
HN Cor. of Lot 2 I $8935'50E 20.00'
MwrSide Horizons
East First PlatI S.Line of 42nd S,.
1 Line o/Lot 1
E.R/w Llne, 20.00' N
Van De ae Road I
(Book 1111,111,Page 854) p
and w.Lina o/Lot2
I O
Riverside Horizons East
C
First Plat Lot 2Lot 3
gp V
�F R]'ve]side Horizons R]'yerside Horizons
Io East i5'rst Plat East First Plat
�® .10 o
9,740 Sqn± ,+
0.224 Acres I f`1+
g I Ert
N8935'50' 20.00'
N.Line ofst St.
S.Line of Lot 2
ISRWECTNO: 2011-1150 //1�A • nn.'n+,ssean+ E%HIBIT
DRAWN 9Y: SAW Utility Easement Exhibit V OLSSON �Nm
] wsml llm�+s.ma
DATE: OSU]a2 AseOeIA]es ix enmam S