HomeMy WebLinkAbout2013-001 IDA Resolution Utility Easement Lots 2, 3, 5, 6 and 7 Horizons East First Plat IDA RESOLUTION 2013-001
A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY
EASEMENT 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 (LOTS 2, 3, 5, 6 AND
7 RIVERSIDE HORIZONS EAST FIRST PLAT)
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 requires the extension of certain Kansas City Power& Light
Company ("KCPL") electrical facilities to serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons, LLC.,
together with the City have approved plans from KCPL for installation of certain electrical
improvements within the Project on Lots 2, 3, 5, 6 and 7 of Riverside Horizons East First Plat;
and
WHEREAS, in order to provide such electrical improvements, KCPL has requested a
permanent easement in which to construct, locate, operate and maintain certain facilities that
will be constructed outside of the right of way and existing utility easements; and
WHEREAS, the KCPL easement will be located on property owned by the IDA and
the Board of Aldermen have directed the IDA to execute the easement in substantially the
same form as set forth in Exhibit "A° attached hereto;
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 IDA is hereby authorized and directed to enter into and execute the
Easement Conveyance between Kansas City Power & Light Company and the IDA in
substantially the same form as attached hereto as Exhibit"A" and the performance of all
actions related thereto are approved, authorized and directed;
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 14e Industrial Development
Authority of the City of Riverside, Missouri, the n.*'�day of aCc 2013.
Leland Finley, President
ATT
S5raffWagner, Assis nt Secretary
Recorded in Platte County, Missouri
Recording Date/Time: 03/26/2013 at 08:27:41 AM
Instr Number: 2013004638 oPOFR OFOF:
Book: 1208 Page: 369
Type: DE ESMT
Pages: 6Fee: $39.00S
III IN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Grantor: INDUSTRIAL DEV OF AUTHORITY OF THE... Gloria Boyer,
Grantee: KANSAS CITY POWER& LIGHT CO Recorder of Deeds
S-1 QQ/Q
T IPlatte County
R_IMissouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this ^day of V%'ZSCd\ 201-41,
by and between The Industrial Development Authority of the City of Riverside, Missouri,
of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside,
Missouri 64150, "GRANTOR" 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 GRANTEE, 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 GRANTEE over the lands of GRANTOR so that
GRANTEE 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
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80.E k 120e Pa� a e 369
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibits A-1, A-2 and A-3
This easement and rights granted herein will at all times be considered subordinate to
any public right of way.
GRANTEE may erect and use gates in all fences which cross or which shall
hereinafter cross the route of said lines. GRANTEE 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 GRANTEE
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 GRANTEE, 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 GRANTEE's written permission.
The lines and all facilities erected by GRANTEE are the personal property of
GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE.
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 GRANTEE 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
effective on the date first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By.
Leland Finley, President
ATTEST:
arah Wagner, Se a
Book 120e F's. Q e 369
ACKNOWLEDGEMENT
State of Missouri )
SS:
County of Platte )
On this 4 day of �c�, 20l , before me a Notary Public, appeared
Leland Finley, to me personally 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 he is the President of The Industrial Development Authority of the City
of Riverside, Missouri and that he 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
this�day of ccs 201
My Commission Expires: 3,X15 Notary Public
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Book. 1208 Fa g e Z69
Exhibit A-1
KCPL Easement
Description:
A part of lots of Lots 2,3,5,6 and 7,RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the
City of Riverside,Plane County,Missouri,according to the recorded plat thereof,described as follows:
The Southerly 5.00 feet of said Lots 2,3,5,6 and 7.
...And...
The Easterly 10.00 feet of said Lot 3.
...And...
The North 15.00 feet of the South 20.00 feet of the West 45 46 feet,of said Lot 2.
...And...
The North 15.00 feet of the South 20.00 feet of the East 71.33 feet of the West 77.95 feet of said Lot 3.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Easterly 71.33 feet of the Westerly 136.68 feet
of said Lot 5.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Westerly 51.33 feet of the Easterly 76.00 feet
of said Lot 5.
1 hereby certify that this real property description has been prepared by me or under my direct supervision.
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Michael Schmidtberger
Missouri LS-2000143910
2224 Condolea Terr.
Leawood,KS 66209
(913)334-8819
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