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HomeMy WebLinkAbout2011-002 IDA Resolution Permanent Sanitary Sewer Easement IDA RESOLUTION NO. 2011-002 A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT SANITARY SEWER EASEMENT TO THE CITY OF RIVERSIDE, MISSOURI AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO WHEREAS,the Industrial Development Authority owns certain property ("Property") located east of Van de Populier and south of the Burlington Northern Santa Fe Rail Road Tracks in Riverside; and WHEREAS, the City of Riverside, Missouri has requested a permanent easement to provide sanitary sewer; and WHEREAS, the Industrial Development Authority finds it is in the best interest to convey said easement to the City of Riverside, Missouri, granting the City of Riverside, Missouri the power to assign such easement as may deemed advisable, in substantially the same form as set forth in Exhibit'W; NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the President is hereby authorized to execute and deliver the Sanitary Sewer Utility Easement by and between the Industrial Development Authority of the City of Riverside, Missouri and the City of Riverside, Missouri in substantially the same form as attached hereto as Exhibit "A", with such changes as are approved by the officer executing such document, such execution being conclusive proof of such approval, the Assistant Secretary is authorized to attest thereto; FURTHER THAT the President and Assistant Secretary are hereby authorized to execute such additional documents and take such actions as are necessary or desirable to effectuate the intent of this Resolution; PASSED AND ADOPTED by the Industrial Development Authority and APPROVED b the President of the Industrial Development Authority of the City of Riverside, Missouri, the day of :N J\e__ 2011. el- A LaaaL Pamela J. [ rata, President ATTEST: Sarah Wagner, Asti tant Secretary Approved s to Form: a ho son, City Attorney SANITARY SEWER UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI,GRANTOR,for and in consideration of the sum of One Dollar($1.00)and for other good and sufficient consideration(the receipt of which is hereby acknowledged)does by these presents grant, bargain,sell,convey and confirm unto the CITY OF RIVERSIDE,a Municipal Corporation of the State of Missouri,GRANTEE(2950 NW Vivion Road,Riverside,Missouri,64150),and Grantee's successors and assigns,a permanent utility easement for the location,construction,reconstruction,maintenance, operation and repair of sanitary sewerage improvements and any and all appurtenances incidental thereto in,under,upon,over and through the following-described tract of land lying,being and situate in Riverside,Platte County,Missouri,to-wit: A 40 foot wide Sanitary Sewer Easement lying 20.00 feet on both sides of the following described centerline and whose sidelines are lengthened or foreshortened to terminate at their respective property lines,being all that part of the South half of Section 5 and all that part of the North half of Fractional Section 8,all lying in Township 50 North,Range 33 West,in the City of Riverside,Platte County,Missouri, described as follows: COMMENCING at the Northwest corner of the Northwest Quarter of Fractional Section 8, Township 50 North,Range 33 West;thence South 88 degrees 52 minutes 10 seconds East along the North line of the Northwest Quarter of said Fractional Section 8 a distance of 425.70 feet to a point on the East right of way line of Van De Populier Road,(also known as Horizon Parkway); thence North 0 degrees 24 minutes 10 seconds East along the East right of way line of Van De Populier Road a distance of 314.11 feet to the POINT OF BEGINNING; thence North 26 degrees 25 minutes 13 seconds East a distance of 178.04 feet to a point;thence North 88 degrees 59 minutes 19 seconds East a distance of 486.24 feet to a point;thence South 68 degrees 49 minutes 23 seconds East a distance of 500.00 feet to a point;thence South 68 degrees 05 minutes 05 seconds East a distance of 1929.69 feet to a point;thence North 55 degrees 34 minutes 31 seconds East a distance of 156.19 feet to a point;thence North 21 degrees 54 minutes 55 seconds East a distance of 489.96 feet to a point;thence North 79 degrees 59 minutes 41 seconds East a distance of 189.75 feet to the point of termination of said centerline,and containing 156,639 Square Feet or 3.596 Acres,more or less. By the granting of this easement,it shall not be construed to prohibit the GRANTOR,or GRANTOR'S successors or assigns,from using or developing the property in any manner without interfering with or abridging the rights and easement herein granted,including but not limited to the laying out,establishing and constructing pavement,surfacing of roadways,parking lots,curbing and gutters along,upon,over or across said easement or any portion thereof;provided,however,said easement shall be kept free from additional depth of overburden,buildings,and any other structure or obstruction(except sidewalks, roadways pavement,parking lot pavement,grass,shrubs,fences,or curbs),which will interfere with the GRANTEE in entering upon said adjacent land and easement for the purpose of laying,constructing, reconstructing,operating,repairing and maintaining such sewerage improvements and appurtenances. IN TESTIMONY WHEREOF,the said Grantor has hereunto set its hand this��day 2011. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Pamela J. ara Presi ent STATE OF MISSOURI ) )SS COUNTY OF PLATTE ) On this � day of 72�L� � 2011 before me appeared Pamela J. Darata, to me personally known, and who, being by me duly sworn, did say that she is President of the Industrial Development Authority of the City of Riverside, a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that the instrument was signed and sealed in behalf of said corporation by authority duly conferred upon her by its Board of Directors and Pamela J.Darata acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the day and year last above written. Notary Public \_ Iryy�4 My term expires) bWg M �J x\\ .e. 0 JIMMAxwAolree F STATE OF MISSOM cc' W COMM... _.,... 13 I ago I Gem w W. Line, Tract I, & $^ '� E. R/W Line Van De PooWiere Road I'o N883919 E 486.24' S I S68 4923 E 500.00' -- w Existing Pump Station y Point of ('t\\ 40' 0 3 Be6tnnE l ` \\\ \\\ '/}>!Ct I S 1/4 Ca., Sec. 5. T50N. R33W i I N2675'13E 178.04' I N. 1/4 Ca., Froc. Sec. B. T50N, R33W c I I Found "X"Cut in Concrete inside 6.5"Pipe r From Ties(Doc. ;{600-41592) � A `E Line, W 1/2, SW 1/4, I r E Sec. 5. T50N, R33W NO'24'10"E 314.11' �`\ S. Line SE. 1/4, 5ec. 5. T M.. RJJW 58852'10"E 425.70' 1 _ _ _ _ S. Ling 5W 1 4 Sec. 5, TSON, R33W — _ \ N88'48'08'W 2621.84' //� N 9.75''41E N8852'70"W 2620.53' — — —` \ N. Line. NES,Sec. B, i R3JW /TJ 189.75 N. Line. NW. 1/4, Froc Sec. 8, TSON, R3JW ��� / — m aPoint of Commencing l d, 56805'OSE 1929.69' \\ N5534'31E 156.19' 1 NW Co,-- ' 1/4, Frac. Sec. 9 T50N, R33W / N2134'55E x el Found 3/4"ear in Monument Box /�/ ,fig 86• no Fran Ties (Doc. j600-61555) �\ �/ m 'LLwl �b � � I I n I i 6 w 250' �n I� 0' 125' 2®0, I i o SCALE IN FEET I J 156,639, S.F. 3.596 Ac. t PROJEUT . 00&1632 rIDl w•tl�aeeq E%H6R D TE: BY: WB Sanitary Sewer Easement Exhibit �OLSSON a..ro s.q memoirs✓1� 1.e WTE: 032flH1 1 —1 r.EEaGI/,r EE i F]Y1.11 phffic� Own G dw(guil 3 Mnof b Te PitdfeV Ounly41880UH Recording Date/Time: 03101/2012 at 09:17:34 AM Instr Number: 2012002902 -- Book: 1186 Page: 721 ;¢��o"' O�FN Type- DE ESMT , • Pages. 3Fee, S30 00 S Ii�I�IINIIIIIIaIIINIAINIlIII�IIIIIINI K� `���°�N::�::v�g� Grantor INDUSTRIAL DEVELOPMENT AUTHORITY OF. . Gloria Boyer, Grantee: RIVERSIDE CITY OF Recorder of Deeds �tatum Recorded Document to: dl City of Riverside Ann Sarah Wagner 2950 NW Vrwon Rd Riverside,MO 64150 Grantor: The Industrial Development Authority of the City of Riverside,Missoun 2950 NW Vrv,on Road.Riverside,MO 64150 Grantees: The City of Riverside.Missouri 2950 NW Vrvion Road,Riverside,MO 64150 The City of Kansas City.Missoun 414 E le Street,KCMO 64106 SANITARY SEWER UTII.TIT EASEMENT KNOW ALL MEN BY THESE PRESENTS: That THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, p MISSOURI,GRANTOR,for and in consideration of the sum of One Dollar(S 1.00)and for other good and sufficient consideration(the receipt of which is hereby acknowledged)does by these presents grant, bargain,sell,convey and confirm unto the CITY OF RIVERSIDE,a Municipal Corporation of the State of Missouri,and the CITY OF KANSAS CITY,MISSOURI,a Municipal Corporation of the State of C7% Missouri,GRANTEE(2950 NW Vivion Road,Riverside,Missouri,64150),and Grantee's successors and assigns,a permanent utility easement for the location,construction,reconstruction,maintenance,operation o and repair of sanitary sewerage improvements and any and all appurtenances incidental thereto in,under, J upon,over and through the following-described tract of land lying,being and situate in Riverside,Platte N County,Missouri,to-wit: A 40 foot wide Sanitary Sewer Easement lying 20.00 feet on both sides of the following described centerline and whose sidelines are lengthened or foreshortened to terminate at their respective property lines,being all that part of the South half of Section 5 and all that part of the North half of Fractional Section 8,all lying in Township 50 North,Range 33 West, in the City of Riverside,Platte County,Missouri,described as follows: COMMENCING at the Northwest corner of the Northwest Quarter of Fractional Section 8, Township 50 North,Range 33 West;thence South 88 degrees 52 minutes 10 seconds East along the North line of the Northwest Quarter of said Fractional Section 8 a distance of 425.70 feet to a point on the East right of way line of Van De Populier Road,(also known as Horizon Parkway); thence North 0 degrees 24 minutes 10 seconds East along the East right of way line of Van De Populier Road a distance of 314.11 feet to the POINT OF BEGINNING;thence North 26 degrees 25 minutes 13 seconds East a distance of 178.04 feet to a point;thence North 88 degrees 59 minutes 19 seconds East a distance of 486.24 feet to a point;thence South 68 degrees 49 minutes 23 seconds East a distance of 500.00 feet to a point;thence South 68 degrees 05 minutes 05 seconds East a distance of 1929.69 feet to a point;thence North 55 degrees 34 minutes 31 seconds East a distance of 156.19 feet to a point;thence North 21 degrees 54 minutes 55 seconds East a distance of 489.96 feet to a point;thence North 79 degrees 59 minutes 41 seconds East a distance of 189.75 feet to the point of termination of said centerline,and containing 156,639 Square Feet or 3.596 Acres,more or less. By the granting of this easement,it shall not be construed to prohibit the GRANTOR,or GRANTOR'S successors or assigns,from using or developing the property in any manner without interfering with or abridging the rights and easement herein granted,including but not limited to the laying out,establishing and constructing pavement,surfacing of roadways,parking lots,curbing and gutters along,upon,over or across said easement or any portion thereof;provided,however,said easement shall be kept free from additional depth of overburden,buildings,and any other structure or obstruction(except sidewalks, roadways pavement,parking lot pavement,grass,shrubs,fences,or curbs),which will interfere with the GRANTEE in entering upon said adjacent land and easement for the purpose of laying,constructing, reconstructing,operating,repairing and maintaining such sewerage improvements and appurtenances. IN TESTIMONY WHEREOF,the said Grantor has hereunto set its hand this�J lday 2012. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Pamela J.Darat resident cv STATE OF MISSOURI ) }` )SS COUNTY OF PLATTE ) co M On this day of 2012 before me appeared Pamela J.Darata,to me personally known,and who,being by me duly swom,did say that she is President of the Industrial C:) Development Authority of the City of Riverside,a corporation,and that the seal affixed to the J foregoing instrument is the corporate seal of said corporation and that the instrument was signed and N sealed in behalf of said corporation by authority duly conferred upon her by its Board of Directors and Pamela J.Darata acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in Platte County,Missouri,the day and year last above written. ``gPp'ry 46hF�o� .,fie r 11277184_ Notary bl' - Platte County 1°rem M tern ex fres 1AQgeS-\'1= On EX91 \3.aO 1 J >s'�,�rV se pJp•�"' hNno p�Ca.1��LJo�OoW�� u W In., Trott 4 h '11 E R/W Lne Vat M P9PWnee RoW I' Na93919'E /86.24' § r 1968Y912TT 800.00' I Ewfnq PwM Stator p it ` 5 t/�Cor. Sc S lWi. RMW p 8 I M2625'13'E 178.04' I JYect ! x 114 Co,. Frac 9.c a 154R4 R33W 5 I \ \ I F.dfin(poen CorNnte.1 65•Poe f ��`` /6 0 0-11591) __ O D 4 E Lne. W 1/2. SW 1/e, \ E No2e'IOT 31411' Sec 4 T5p4 RJJw \ 5 we SE iA Sec 4 T .. RMW / o o -SMS]707 415 M'� \ / 1/ 793971'2 OQ �I t — — — — s Lm� Sw 1 e. Sec 3 TSQv. R3JW _ — — `. Fx "4111 e•w 2Bn M• lVr1V1 1/4o MM 53M L7..-RL r/-4-r,-... Mei a 355-Mir 1J Lti ON Len. NW l/tFrac Sec 4 75M RJJW a Pont of CommencLns SWW'05 E 1929.69' ` \ N557E 4'31' 15&19' / g NW carp NW 1/e, n« s.c 4 T50K R33W \ /� N213438E x YI Fauna 3/e6 B n u" Mt Bo+ / 4M96' Fran nu coot 1600-6+555) o g"al VA I O eA�2p N I` O IY g _ 1 250' I VU I\ 0 125'® ' L b SCALE IN FEET ac 156,639, S.F. +� 3.596 Ac it, PROLea xo tp►tu6 ��.tww oolBtr 9R.M.1 er rte Sanitary Sewer Easement Exhibit ONOLMN MT¢ ta6wtt 1 .• aCii.iowuw 'I I zL09d98 i i ha