HomeMy WebLinkAbout2012-015 IDA Resolution KCP&L Easement IDA Resolution 2012-015
IDA
RESOLUTION NO. 2012-015
A RESOLUTION APPROVING AN EASEMENT CONVEYANCE FOR THE TRANSMISSION
AND DISTRIBUTION OF ELECTRIC ENERGY TO KANSAS CITY POWER& LIGHT
COMPANY AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND
ACTIONS RELATING THERETO
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 August 6, 2012, the City of Riverside approved a Relocation
Agreement with Kansas City Power and Light Company ("KCPL") related to the relocation of
certain electrical facilities located within the Horizons Business Park Development Project(the
"Project"); and
WHEREAS, such Relocation Agreement provides for the City and the IDA to grant an
easement under and along certain property owned by it to KCPL for the relocation of such
certain KCPL electrical facilities;
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 easement conveyance to Kansas City Power& Light Company 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 (�WDAY OF +J V 2012.
This Resolution was adopted at the meeti he Boa o hectors of the IDA duly
called and held this date. j
Pamela J. Dare , President
(SEAL)
ATTE :
Secretary
Recorded in Platte County, Missouri
Recording Date/Time: 08/10/2012 at 09:24:39 AM
Instr Number: 2012011750
001 op
OFO'=.
Book: 1195 Page: 554
Type: DE ESMT
Pages: 5 ;;'•, :•o
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Grantor: INDUSTRIAL DEV AUTHORITY OF THE CIT... Recorder Bol Deeds
Grantee: KANSAS CITY POWER&LIGHT CO
S6 iE 1/21 SW QQ/Q
T 50 IPlatte County
R33 iMissouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this_011� day of August, 2012, by and
between The Industrial Development Authority of the City of Riverside, Missouri, of Platte
County, Missouri AND The City of Riverside, Missouri, a Municipal Corporation, of Platte
County, Missouri, "GRANTORS" and Kansas City Power& Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson County,
Missouri "GRANTEE" or"KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to KCP&L, its lessees, successors and assigns, the permanent right, privilege and
perpetual easement to enter upon the lands of Grantor, to survey, construct, erect, operate,
patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and pipes,
repair, rebuild and remove, on, under and over the easement described below and in and upon
all streets, roadways or highways abutting said lands, now or at any future time, for the
transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of KCP&L over the lands of Grantor so that KCP&L
may go to and from said lines from the public roads adjacent to Grantors lands, which said
perpetual easement being over, along, across and under the following described lands situated
in the County of Platte, in the State of Missouri, said land more particularly described as
follows:
Bo's k 1195 Pa. q ? 554
in the County of Platte, in the State of Missouri, said land more particularly described as
follows:
A Forty (40) feet wide strip of land in the East Half of the Southwest Quarter of
Section 5, Township 50 North, Range 33 West in the City of Riverside, Platte
County, Missouri, the Northerly side of said Forty (40) feet wide strip of land is
intended to be South of and coincident with the Southerly line of a Kansas City
Power & Light Company easement recorded as Document No. 034682 in Book
694 at Page 3 in the Office of the Recorder of Deeds for said County and State,
the centerline of said Forty (40) feet wide strip of land is more particularly
described as follows:
Commencing at the Southwest corner of the East Half of the Southwest Quarter
of said Section 5, having found a small gauge vertical railroad rail marking the
Southwest corner thereof; thence North 00 degrees 17 minutes 37 seconds East
along the West line of the East Half of the Southwest Quarter of said Section 5,
a distance of 1,559.10 feet; thence South 89 degrees 42 minutes 23 seconds
East, perpendicular to the last described course a distance of 32.92 feet to the
center of an existing power transmission pole and the Point of Beginning of the
centerline of said Forty (40) feet wide strip of land to be herein described; thence
South 00 degrees 11 minutes 46 seconds West, Seventy (70) feet to the Point of
Termination of the centerline of said Forty (40) feet wide strip of land. Except any
part in public right-of-way for streets or roads, also Except any part thereof within
the aforesaid easement recorded as Document No. 034682. Containing 2,870
square feet, more or less. (See Attached Exhibit which is incorporated
herein).
This easement and rights granted herein will at all times be considered subordinate to any
public right of way. However, any relocation costs (including but not limited to engineering,
surveying, construction, or labor costs) of said overhead guys and anchors due to current or
future public improvements shall be borne by the City of Riverside. In such an event, the costs
of acquiring the private easements, if any, shall be borne by the City of Riverside
KCP&L may erect and use gates in all fences which cross or which shall hereinafter cross the
route of said lines. KCP&L is given the right to trim, cut and clear away any trees, limbs and
brush on or adjacent to the above-described land now or at any future time whenever, in its
judgment, such will interfere with or endanger the construction, operation or maintenance of
said lines. In exercising its rights of ingress or egress KCP&L shall, whenever practicable, use
existing roads or lands and shall repair any damage caused by its use thereof. All logs, limbs,
or brush cut or trimmed by Grantee shall be removed by Grantee unless Grantor otherwise
requests.
It being the intention of the parties hereto that Grantor is hereby granting the uses herein
specified without divesting Grantor and heirs or assigns of the right to cultivate, use and enjoy
the above-described premises: PROVIDED, however, such use shall not, in the judgment of
said KCP&L, interfere with or endanger the construction, operation or maintenance of said
lines, and provided further that no building shall be constructed on the easement without
KCP&L's written permission.
5
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Bc�.D k 1195 pa. g z 554
The lines and all facilities erected by KCP&L are the personal property of KCP&L and title to
said lines and facilities shall be and remain in said KCP&L.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular, the
rights, privileges, appurtenances, and immunities thereto belonging or in anyway appertaining
unto KCP&L its lessees, licensee, successors or assigns forever. This easement conveyance
shall run with the land and shall be binding upon Grantor and Grantor's heirs, administrators,
executors, successors and assigns. Grantor hereby covenants that Grantor is the owner(s) of
the above-described land, subject to existing liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, Grantor has hereunto executed this Easement on the date
first above written.
The Industrial Development Authority
of the Cl Riverside Missouri
Pamela I Darata
President
THE CITY O�F RIVERSIDE, MISSOURI
Kathleen L. Rose,
Mayor
ATTEST.
CITY CLERK. (Seal)
6
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1 170 k 1195 P-9- cl e SSS#
ACKNOWLEDGEMENT
State of Missouri )
Ss.
County of Platte
On this -! day of 1 wgyS 2012, before me a Notary
Public, appeared Pamela J. Darata, toto p onally known, (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing
instrument, and acknowledged that she is the President of The Industrial Development
Authority of the City of Riverside, Missouri and that she executed the same on behalf of the
Board of Directors of said corporation and by authority thereof and acknowledged said
instrument to be the free act and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year aforesaid.
My Commission Expires: a-ye(Nal,l-�6Notary Public
,,,,
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ACKNOWLEDGMENT =�omPtOopP y'�=
STATE OF MISSOURI )SS
COUNTY OF PLATTE ) //
BE IT REMEMBERED, that on this COQ day of ;. 2012, before
me, the undersigned, a Notary Public within and for the County and State"foresaid, came The
Honorable Kathleen L. Rose, of the City of Riverside, Missouri, and'-416;" Lief ax 11
City Clerk of said City, who are personally known to me (or proved to me on the basis
of satisfactory evidence) as such officers, the within instrument on behalf of said City, and such
persons duly acknowledged the execution of same to be the act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my'hand and affixed my seal the day and
year first above written.
My Appointment Expires( \5, aGs
Notary Public
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Platte County.
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EXHIBIT A
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naaww.umw aaaamsae
For. Acquisition of Addltlonal R/W
IS
Kamm ao Power & MAN Cow I; �
July 24, 2012
PROPOSED PERMANENT EASEMENT
-8,070 square feet more or less. I W jar 1"= 100'
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Descripfion.
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A Fay(40)feet wide aby of/and h Me foot I I
aw d on s"West Watsr d Section d rawmh�50
llallt Range 33 Net h to Oy of ahrdde.Raft
County.Mssoat Me Nathay aide of add Faro'(40)
feet wide"d lard k htmded to he south of and Point of I L\
mirldnd mM Me S&Any bue of a Kamm W Poser Beginning
h light Conpony aonmsa! Jon*d a Dooment Na \
OXW2 h 8oa'Y 694 amt Jh Me ONks of of S89 4223'
Retarder d Deedr for said tout,and Stub.Me
eearerete of sold Fay(40)feet wlda stip of bnd Is 32.92'
more pw*dmy deserhed as kbwr
Co mencIV at the Southwest caner of the Eat J
Rag Of Me Southwest Water of said Section 5 he*g Q
hand o anal gauge wrecd roiood rag maRbg be I' f
SwAvest caner/hereof.'Mean Nath 00 degrees 17 = -
mbutes 37 semads Eat dung Me West Due of Me East rj
Nag of Me SouMwd Westar of said Section 4 o V h O F-Fjs
dshom d 1,55810 feet Mance South e9 degrees 42 O G "n.
mhubs 23 maids East pvWdkdor to be hst y0 T h � O `-�' F 9 Do
desauted corse a dutom of 3292 feet to Me center O h I C3 O•SP *7
d on er4My poesy knomdsdan pais and Me Patrol of 17,16q f
Bet o d Mee harsh deav0 t Mom Sad 00
degrees 11 mhutes 46 seconds West Two had'ad 2OJ2#
(200)feet to Me POW of TW*uMan of Me centedbe
of add Fay(40)feet wkly abo of laid Ermpt a0
pat h puArk rvAV of-way for sheets a roads aka Point of Termination
Eroept ov par Mereof emb Me daresoil easement Point Of Commencing
recorded as Doomwt hb. OJ4662 CmtaWW 4070 g
square feet more or hen %111 111 :E,=Found Small Gouge Vertical
�0 OF Mi rrr, Railroad Roil at the SW. Car.
`�,`�,••,.sr-r=„ ,SSO of the East 1/2 of the SW
P• G 1/4 of Sec. 5-T.50N., R.33W.
;rte:STEVEN R.';�.:
HITA CER _ /
Br ATE.•
ms �,�qq •Qat
NAI LAN0Ot)R46t9 041
East 1/2 of the of sea. d rap.50 U.age.MW.Fft”Co,Ala.
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