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Home My WebLink About2013-002 IDA Resolution Utility Easement Lot 5 to Horizons Industrial I IDA RESOLUTION 2013-002 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 (ACROSS LOT 5 TO HORIZONS INDUSTRIAL I PROJECT) 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 Lot 5 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 oft a I��dustnal Development Authority of the City of Riverside, Missouri, the�\"day of Ch 2013. Leland Finley, President ATT Surat agner, Assistant cretary Recorded in Platte County, Missouri Recording Date/Time: 03/26/2013 at 08:27:41 AM Instr Number: 2013004637 -- 0P R Book: 1208 Page: 368 Type: DE ESMT Pages: 4 Fee: II $33.00 S IIINII IIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III \ 'V AIM,►,y0 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 lay of CWCh 201 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 V CII A kver6ib Book 1208 Page -Z68 described lands situated in the County of Platte, in the State of Missouri, said easement more particularly described as follows: See attached Exhibit A 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: 4�4L-2 Leland Finley, President ATTEST: Sarah Wa ner, cretary E'oo k 1208 F'a g e 308 ACKNOWLEDGEMENT State of Missouri ) SS: County of Platte ) On this 'a day of 201 , 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�ay of VNZkc\ 201 . My Commission Expires:NCxkr-b cV5,WINotary Public r' WAG n• Commission#11277184 Platte County ray'. 01 Seo`J� � Ooii/lF OF MissO��%l� ss/on Expires Book 1208 P-Ek g e 360 Exhibit A KCPL Easement LOT ° RIVERSIDE HORIZONS EAST FIRST PLAT 4%; LOTS RIVERSIDE HORIZONS EAST FIRST PLAT POINT OF BEGINNING 10, *iOA 0 100' 200' sdy\✓` 4� Plat Bearings .ri"• �� `'`� OO11E' $YD log-4, g�B-IRP, 9 a S yY'4 Zoe y Proposed 5'KCPL rte' r i POINT OF C(yysy Eoaement i' �'1I r IERMINARON H�IW•rfgy �{ '¢NT gTSTit 'Ygo(�eM'Iy.. J - AJ.PSTT /°oejnent Description: A 10.00 foot wide easement over a part of Lot 5,RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the City of Riverside,Platte County,Missouri,according to the recorded plat thereof,lying 5 feet on each side of the following described centerline: Commencing at the Southwest comer of said Lot 5;thence coincident with the West line thereof,North 21°54'54"East,38.88 feet to the POINT OF BEGINNING;thence departing said West line,South 67108'46"East,39.23 feet;thence South 64039'15"East,30.79 feet;thence South 48000'22"East,7.87 feet;thence South 10°0648"East,5.96 feet;thence South 09°02'56"West,5.()2 feet;thence South 16°01'49"West,2.89 feet to a point 20.00 North of the South line of said Lot 5,m measured at a right angle from said South line,and there terminating. The outer boundary lines described above shall either be truncated or extended to terminate at the lines which contain the points of beginning and terminus,and at angle points,as not to leave any areas of void or overlapping. I hereby certify that this real property description has been prepared by me or under my direct supervision. pUruu urpr OF M/S'% `. U.ERGO LfitD:; , Renaissance Inkd&wture Michael Schmidtberger / Missouri LS-2000143910 � RTC) 2224 Condolea Ten. Consulting ( Leawood,KS 66209 11490 Strang Line Road I larva,Kansm 66215 1 (913)334-8819 (913)317,9500 1 �.renirfn vmcmm.mm