HomeMy WebLinkAbout2012-019 IDA Resolution Easement Equipment Station and Underground Lines Southwestern Bell Telephone IDA RESOLUTION 2012-019
A RESOLUTION APPROVING AN EASEMENT CONVEYANCE FOR LOCATION
OF AN EQUIPMENT STATION AND UNDERGROUND LINES TO
SOUTHWESTERN BELL TELEPHONE COMPANY AND AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING
THERETO
WHEREAS, the City conveyed certain real property known as Riverside
Horizons east of Horizons Parkway to The Industrial Development Authority of the
City of Riverside, Missouri, ('IDA") by Special Warranty Deed recorded May 9, 2007
as document No. 007218 in Book 1103 at page 314; and
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of
May 1, 2007, the IDA is required, upon direction of the City, to transfer such interests
in the real property in whole or in part, in one or more transactions; and
WHEREAS, the City entered into a Master Development Agreement with
Riverside Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the
development of the Horizons Business Park Development Project (the 'Project')
within the City; and
WHEREAS, the Project will require an extension of certain Southwestern Bell
Telephone Company ("SW Bell") facilities to serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons,
LLC., has approved plans from SW Bell for installation of certain electrical
improvements within the Project on Lot 2 of the Replat of Lot 13, Riverside Horizons
East First Plat; and
WHEREAS, the Board of Aldermen have found it is in the best interest of the City
to provide for the location of such facilities of SW Bell pursuant to an easement in
substantially the same form as set forth in Exhibit "A" and have further directed the IDA
to execute such easement to further the public purpose of economic and industrial
development within the Horizons development area;
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 execution and delivery of the Southwestern Bell Telephone
Company Easement for Equipment State and Underground Lines (the "Easement') in
substantially the same form as attached hereto as Exhibit "A" is hereby approved;
IDA RESOLUTION 2012-019
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 passage and approval.
PASSED AND ADOPTED by the Board of Directors of the Industrial
Development Authority of the City of Riverside, Missouri this Iia day of September,
2012.
President
ATT ST:
r
istant S ret
Recorded in Platte County, Missouri
Recording Date/Time: 09/1412012 at 09:53:02 AM
"
Instr Number: 2012013770 QpER OFOrnp D
Book: 1197 Page: 572
Type: DE ESMT
Pages: 4 '�'• '
Fee: $33.00S
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllll N.V;� '�
Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY Cl... Recorder Bog Deeds
Grantee: SOUTHWESTERN BELL TELEPHONE CO
SOUTHWESTERN BELL TELEPHONE COMPANY
EASEMENT FORE UIPMENT STATION AND UNDERGROUND LINES
THE STATE OF MISSOURI §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF PLATTE §
T14AT THIS EASEMENT AGREEMENT is entered into by the undersigned, THE
INDUSTRIAL DEVELOPMENT AUTHORITYOF SOUTHWESTERN
CITY OFRIVERSIDE'VERSIDE'BELL MISSOONE
[hereinafter referred to as "GRANTOR"], a
nd COMPANY,a Missouri corporation,(hereinafter referred to as GRANTEE"),wherein GRANTOR,
in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and
valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT,
BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its affiliates and
subsidiaries, and their successors, assignees, lessees, licensees and agents(hereinafter collectively.
referred to as "GRANTEE"), a permanent exclusive easement (hereinafter referredacrto a the
"Easement") as described herein below for the purposes hereinafter set forth, upon,
above,under and within GRANTOR'S tract of land located in Platte County,Missouri, (hereinafter
called"the Property"), and described as follows,to wit:
See Survey and Field Notes that are attached as Exhibit"A"
This agreement does not constitute a conveyance of the Property, nor of the minerals
therein and thereunder,but grants only an Easement subject to the following:
(a) This Easement is granted for the purpose of permitting GRANTEE to construct,
operate, maintain, protect, repair, relocate, upgrade, replace, and remove such underground lines,
circuits and conduits for the transmission of signals used in the provision of communication,data,
video, and information services, associated equipment stations, vaults,
G cabinets
anmay f er
pedestals, and such appurtenances thereto (collectively, the "Facilities"),
time to time require upon,across,over,above,under and within the Easement.
EQUIPMENT STATION W/UNDERGROUND LINES—MISSOURI
Ver.5.09 ✓ �il/l►SIUe � Cl'�7 US
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(b) GRANTOR further conveys to GRANTEE the following incidental rights and
powers: the right of pedestrian and vehicular ingress to and egress from said Easement utilizing
reasonable routes across the Property, including but not limited to the right to use existing and future
roads,parking lots,entrances and exits and all other paved areas of the Property;the right to drain or
sheet flow storm water runoff from the Easement onto the Property and/or into existing and future
storm water collection and drainage facilities located within the Property; the right to clear and keep
cleared trees, brush, and all other obstructions from the surface and subsurface of said Easement;
the right to fence the Easement; the right to construct, operate and maintain, or license others to do
so, service lines for electric power; and, the right to install,maintain, and use gates in fences which
cross said Easement.
(c) During the period of installation, removal or replacement of the Facilities by
GRANTEE within the Easement herein granted, GRANTEE shall have the right to use as
temporary construction easements so much of the surface of the Property as may be reasonably
necessary for GRANTEE'S construction, installation, removal or replacement of said Facilities.
Following the initial installation of GRANTEE'S Facilities, and also after any later activities by
GRANTEE which affect the Property, GRANTEE shall promptly restore the grounds affected
thereby to as nearly as practicable the same condition that existed prior to such activity.
(d) The Easement granted hereby is subject to all valid and subsisting oil, gas, sulfur, and
mineral leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants,
mineral and royalty grants and reservations, or other instruments now of record which affect the
Easement.
(e) GRANTOR warrants that it is the owner of the Property occupied by the Easement
herein granted, and that GRANTOR has the right to make this conveyance and receive the
consideration therefor. GRANTOR covenants that GRANTEE may quietly enjoy the Easement for
the uses herein stated. In addition, GRANTOR hereby warrants and represents it has no knowledge
of the existence of past or present production, storage, treatment or disposal of any toxic or
hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to
either the Easement or the Property.
(f) NOTWITHSTANDING ANY PROVISION OF THIS EASEMENT TO THE
CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR
CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF ANY OTHER THIRD PARTIES,
OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT
LIABILITY.
(g) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims,demands, or causes of action of whatever nature,asserted by others which
are caused by or arise in any manner out of acts or omissions of GRANTEE, its employees, or any
other persons acting under its control,in the use and occupancy of the Easement herein granted.
TO HAVE AND TO HOLD the above described Easement,together with all and singular the rights
and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and
GRANTOR does hereby bind its self, and its heirs and assigns, to warrant and forever defend all
EQUIPMENT STATION W)UNDERGROUND LINES—MISSOURI
Ver.5.09
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and singular the Easement unto GRANTEE and its successors and assigns, against every person
whomsoever lawfully claiming or to
claim the same,or any part thereof.
SIGNED AND EXECUTED this day of September,2012.
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI
sy:
Penielems,-oa, . President
ATTEST:
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Sarahagner ecretary
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) SS
COUNTY OF PLATTE )
ON THIS�day of September, 201 Io undersigned, a Notary Public in and for
said County and state, personally appeared 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.
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EQUIPMENT STATION WIUNDERGROUND LINES–MISSOURI
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Exhibit A
AT&T Easement
North Line,
Lot 2
I
I
I
Existing SS/E
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`Fort$ I
o®- --------- ------ 6,j�-----n---- ----
Lot 1 c r 15/ f
H o 35'r--'"I Lot 2
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Ex. 20'A/E--j
A part of Lot 2,REPLAT OF LOT 13,RIVERSIDE HORIZONS EAST FIRST
PLAT,a subdivision in the City of Riverside,Platte County,Missouri,more
particularly described as follows:
The East 15.00 feet of the West 35.00 feet of South 15.00 feet of the North 39.00
feet of said Lot 2,containing 225 square feet.
Renaissance Inf rdst>ucture
Consulting (R+C)
11490 Strang Line Road I Lenexa,Kansas 66215 1
(913)317-9500 1 w .reninfastructure.com