HomeMy WebLinkAboutR-2019-029 Trail Easement James & Margaret McCartney Revocable Living Trust RESOLUTION NO. R-2019-029
A RESOLUTION ACCEPTING A TRAIL EASEMENT FROM THE JAMES W. MCCARTNEY
AND MARGARET A. MCCARTNEY REVOCABLE LIVING TRUST
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the. Riverside Board of Aldermen ("Board") hereby approves and accepts the Trail
Easement document, in substantially the form attached hereto, from James W. McCartney and
Margaret A. McCartney as Trustees under the James W. McCartney and Margaret A.
McCartney Revocable Living Trust dated March 1, 2013, and authorizes the Mayor to execute
such easement document on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, the City Clerk and other appropriate
City officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Resolution and to executeand deliver
for and on behalf of the City all certificates, instruments, agreements and other documents, as
may be necessary or convenient to perform all matters herein authorized, including recording
the Trail Easement, and the Subordination Agreement executed by Tina MacDowell, with the
Platte County Recorder of Deeds.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri,
the day of 2019.
Ma r Kathleen L. Rose
ATTE513--T '� q:N
d
R'obirt t<ir:,6ael;i4Ci#fClerk
Recorded in Platte County, Missouri
'Recording Date/Time: 04/19/2019 at 03:57:57 PM
Instr Number: 2019004148
Book: 1311 Page: 52 DER Op '
Type: DE ESMT
Pages: 10
Fee: $51.00S
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '.. ,,, `
IIIIIIIIIIIIIIIII ��.�oUNrv,�;ggQ�```•
Grantor: MCCARTNEY,JAMES W TRUSTEE
Grantee: RIVERSIDE MISSOURI CITY OF Gloria Boyer,
Recorder of Dee s
Recording Cover Sheet
Title of Document: Trail Easement
Date-of Document: A , 2019
Grantor(s): James W. McCartney and Margaret A. McCartney as Trustees
under the James W. McCartney and Margaret A. McCartney
Revocable Living Trust dated March 1, 2013
Grantee's Name City of Riverside, Missouri
and Address: 2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A.
After recording, lease return to:
City of Riversid
Attn:Noel Challis
2950 NW Vivion Road
Riverside, Missouri 64150
1
B'r--tk: 13 11 P.-.age 52
TRAIL EASEMENT
THIS AGREEMENT,made this W— day of Apji 2019,by and
between The James W. McCartney and Margaret McCartney as Trustees under the James W.
McCartney and Margaret A. McCartney Revocable Living Trust dated March 1, 2013,
hereinafter known as "Grantor"; and the City of Riverside, Missouri, a municipal corporation,
hereinafter known as "Grantee".
WITNESSETH, that the Grantor, in consideration of the sum of Ten ($10.00) Dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors
and assigns, a Trail Easement over, under and through the following the parcel described in
Exhibit "A" being and situated in the Platte County, Missouri and generally following the path
as depicted in the Easement Plan in Exhibit "B" which exhibits are attached hereto and
referenced herein as if fully set forth("Trail Easement Area").
Grant of Easement for Trail Facilities
Grantee shall have the right to lay out, construct, develop, operate, maintain, identify, bridge,
repair, remove or relocate a meandering trail path not to generally exceed approximately ten(10)
feet in clear tread width (paved area), to be located within the Trail Easement; to make
topographical changes within the Trail Easement for the necessity and convenience of locating
the trail and to protect the trail from erosion by the use of bridges, steps, water diversion
structures or special trail surface covers or other appropriate measures; to post signs marking the
trail footpath; to manage vegetation through selective planting or removal of trees or exotic or
nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value
of the Trail Easement; mow, cut or remove soil, rock or vegetation; apply gravel, crushed stone,
wood chips or paving, or other means of creating the trail surface (if any) and/or identifying the
trail's path. These construction and maintenance activities may include vehicular use.
Grant of Easement for Public Access
Grantee shall have the right to make available to the public a perpetual easement and right-of-
way over the Trail Easement and the right to use trail facilities for the purposes of walking,
jogging, running, bicycling and like activities, but specifically excluding all motorized vehicles
except i) as authorized by Grantee for maintenance, management, police and emergency
purposes, or ii) power-driven mobility devices for use by persons who have mobility
impairments. Grantee shall have the right to regulate public access to, and activities within, the
Trail Easement, provided further that Grantee shall have the right to prohibit public access and
use from time to time as deemed necessary by Grantee through the installation of gates or other
obstructions, and to limit access by or exclude the public by appropriate means from any portion
of the Trail Easement.
Public Enters at Own Risk
Use of any portion of the Trail Easement Area by members of the general public is at their own
risk. Neither Grantor nor Grantee, by entering into this agreement, assume duty to or for the
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Public Enters at Own Risk
Use of any portion of the Trail Easement Area by members of the general public is at their own
risk. Neither Grantor nor Grantee, by entering into this agreement, assume duty to or for the
benefit of the general public for defects in the location, design, installation, maintenance, or
repair of the trail or the Easement Area; for unsafe conditions within the Easement Area; or for
the failure to inspect for or warn against possibly unsafe conditions; or to close the Easement
Area to public access when unsafe conditions may be present.
No Obstruction
Grantor shall not construct or place temporary or permanent buildings, gates, signage or other
structures upon the Trail Easement or obstruct Grantee's right of passage on the trail within the
Trail Easement Area, provided however, that nothing shall prohibit Grantor from otherwise
developing Grantor's property in accordance with regular City development regulations.
Responsibility for Losses and Litigation Expenses
(a) Public Access Claims; Owner Responsibility Claims. If a claim for any loss for personal
injury or property damage occurring within the Easement Area described in Exhibit "A" after the
effective date of this easement (hereafter "Public Access Claim") is asserted against either
Grantor or Grantee, or both, it is anticipated that each party will assert any such defense that is
available to them under applicable law or recognized defense. The phrase "Public Access Claim"
excludes all claims (collectively, "Owner Responsibility Claims") for Losses and Litigation
Expenses arising from, relating to or associated with
(1)personal injury or property damage occurring prior to the Easement Date;
(2) activities or uses by Grantor or Grantor's family members, contractors, agents,
employees, tenants, and invitees not related to allowable trail uses (as defined by grantee) within
the Easement Area;
(3) acts of gross negligence or intentional misconduct by Grantor or Grantor's
family members, contractors, agents, employees,tenants, and invitees:
(b) Indemnity. If immunity from a Public Access Claim is: for any reason unavailable to
Grantor, Grantee agrees to the extent permitted by law to indemnify, defend, and hold Grantor
harmless from any Loss or Litigation Expense if and to the extent arising from a Public Access
Claim.
(c) Loss; Litigation Expense
(1) The term"Loss"means any liability, loss, claim, settlement payment, cost and
expense, interest, award,judgment, damages (including punitive damages), diminution in value,
fines, fees, and penalties or other charge other than a Litigation Expense.
(2) The term "Litigation Expense" means any court filing fee, court cost,
arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or
asserting any claim of violation or for indemnification under this agreement including, in each
case, attomeys' fees, other professionals' fees, and disbursements.
Costs and Expenses
3
Banc:,k 131 1 Pa.g e 52
All costs and expenses associated-with the Trail Easement, including but not limited to
construction and continuing maintenance, are to be borne by the Grantee except for items
included in Owner Responsibility Claims as defined herein.
Binding Covenant
The easement granted herein shall constitute an easement running with the land in perpetuity and
shall burden the lands described above.
Termination
In the event that 1) Grantee determines the Trail Easement is no longer needed; 2) Ingress or
egress to the Trail Easement is terminated for any reason; or 3) Grantee no longer maintains the
Trail Easement for its intended use and purpose, Grantee shall timely terminate said Easement by
written release instrument duly signed by Grantee and fully acknowledged, and recorded in the
land records of Platte County, Missouri. This Trail Easement may only be modified or amended
by written instrument executed by the parties (or their successors in interest) and recorded in the
land records of Platte County, Missouri.
IN WITN SS WHEREOF,the said Grantor has caused these presents to be signed this
day 2019.
GRANTOR:
James W. McCartney and Margaret A. McCartney
as Trustees under the James W. McCartney and
Margaret A. McCartney Revocable Living Trust
dated March 1, 2013:
e McCartney; Co-Trustee
Margaret A. McCartney, Co- tee
4
BvD+nik: 111 Pa.ga .52
Accepted by:
CITY OF RIVERSIDE, MISSOURI:
("GRANTEE")
By.
&ar-A�-
Printed Name: Kathleen L. Rose
_ Title: Mayor
-Robin Kiicaid City Clerk
5
1311 F.a.g a 52
STATE OF MISSOURI )
ss.
COUNTY OF �k`t L� )
ON THIS day of y% 2019, before me personally appeared James W.
McCartney, Co-Trustee of the James W. McCartney and Margaret A. McCartney Revocable
Living Trust dated March 1, 2013, to me known to be the person described in and who executed
the foregoing instrument and acknowledged to me and declared himself to be a co-trustee of the
aforementioned trust and that by authority of the trust, by authority set forth in the trust documents
or, by authority of statute, acknowledged that the Trail Easement to be the free act and deed of the
trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in LA-11 z If County,the day and year last above written.
BRENNA QUIROZ
( T�ublic,Notary seal
ll e of Missourl
County of Platte
Commission.#1524.
M Com isslori_a itffi- ? a P ' e Name: roz�
Notary Public in and for said State
Commissioned in PCA--r-6f County
My Commission Expires:
6
E.c:,c3ik 1311 P.:Kge 52
STATE OF MISSOURI )
ss.
COUNTY OF ^PcATrE )
ON THIS q-�L day of 2019, before me personally appeared Margaret A.
McCartney, Co-Trustee of the James W. McCartney and Margaret A. McCartney Revocable
Living Trust dated March 1, 2013, to me known to be the person described in and who executed
the foregoing instrument and acknowledged to me and declared herself to be a co-trustee of the
aforementioned trust and that by authority of the trust, by authority set,forth in the trust documents
or, by authority of statute, acknowledged that the Trail Easement to be the free act and deed of the
trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in I�L A--T -VC1- County, the day and year last above written.
(SEAL)
BRENNA OUIROZ
E
otaryy Public Notary SealState of Missouri ( P Name:County_of Platte
ommission#15242201 Notary Public in and for said State
i l n. a =.s, 2019 Commissioned in �L�q-T T� County
My Commission Expires:
7
B K:x e=�k 1311 tF'aL g e
STATE OF MISSOURI )
ss:
COUNTY OF PLATTE )
e
. ON THIS 1&-14' day of 201 , before me, personally appeared the
honorable Kathleen L. Rose to me personally known, who being by me duly sworn, did say
that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that
said instrument was signed on behalf of said City of Riverside, Missouri by authority of its
Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and
deed of said City of Riverside, Missouri.
IN �ITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my
office in �'t Q-{'E. County, the day and year last above written.
(SEAQ, ��,, >
•� P ROBIN L.IONCAID
� 11B% MyCommisslonExphW
=?IdOTAfiYG�;= March 8,2023 Printed Name: ' ;
Clinton County
o. Notary Public in and for said State
'.cpF Commission#15390631 +
Commissioned in County
My Commission Expires:
8
Bc:iqi1.: 1311 PaLge 52
a 4
Exhibit A
All that part of the NW 1/4 of Section 4,Township 50,Range 33,now in the City of Riverside,
Platte County,Missouri,more particularly described as follows:
Beginning at the Southeast corner of the tract of land described in the Warranty Deed recorded in
Book 1123 at Page 183 in the Office of the Recorder of Deeds of said Platte County,said point also
being on the Northwesterly right-of-way line of U.S.Highway Route No. 69 and 169,as now
established,said point being 85.00 feet Northwesterly of and opposite Station 26+61.89 of said
Highway centerline;thence Southwesterly,along the Southeasterly line of said tract,and along the
Northwesterly right-of-way line of said U.S.Highway Route No. 69 and 169,said line being a curve
to the left having a radius of 2377.01 feet,a central angle of l'12' 19"and whose initial tangent
bearing is S 33'4720" W, a distance of 50.00 feet;thence N 57°24'59" W,a distance of 24.82 feet;
thence N 3°39'55"W, a distance of 21.05 feet;thence N 87°33'50" W, a distance of 22.26 feet;
thence N 2°09'53"W, a distance of 166.68 feet;thence N 55°26'22"W,a distance of 33.81 feet;
thence N 15°30'22"W, a distance of 35.51 feet;thence N 54° 15' 17" W,a distance of 41.79 feet;
thence N 88°37'29"W, a distance of 4.32 feet,to a point on the West line of said tract;thence N 0°
30' 19"E,along the West line of said tract,a distance of 273.16 feet,to the Northwest corner thereof,
thence S 88°3729"E, along the North line of said tract,a distance of 130.86 feet,to the Northeast
comer thereof;thence S 4°28'01" W,along the East line of said tract,a distance of 84.88 feet;thence
S 3°39'55"E, along the East line of said tract,a distance of 424.20 feet,to the point of beginning.
The above described tract of land contains 1.284 acres,more or less.
9
BcD,c3k: 17311 Page 5=
Exhibit "B" -Easement Plan
Jumping
Branch Trail
Proposed
Alignment
**Please note that the proposed
trail alignment shown/s a draft
Construction plans have not yet
been created.
10
Recorded in Platte County, Missouri
Recording Date/Time: 05/13/2019 at 03:51:12 PM
tl I !left
Instr Number: 2019005137
Book: 1312 Page: 38 ,,,os....... 6
Type: DT SUB :4111
Pages: 3 - •
Fee $30.00 S \("__
1 11111111111111111111111111111111111111111111
Grantor: MACDOWELL, TINA
Grantee: RIVERSIDE MISSOURI CITY OF
.11;10
GloriaBoyer,
Recorder of Deeds
Recording Cover Sheet
Title of Document: Subordination Agreement
Date of Document: April 23, 2009
Grantor(s): Tina MacDowell
Grantee's Name City of Riverside, Missouri
and Address: 2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Page 2.
After recording, please return to:
City of Riverside
Attn: Noel Challis
2950 NW Vivion Road
Riverside, Missouri 64150
A r ';21 09.02:21p
WITT & HICKLIN,PC
8168583009 p.2
aUBORDINATION AGREEMENT
THIS AGREEMENT, dated this day of , 2009,
executed by Tina MacDowell whose mailing address' 3' 64 Spring°towtt Road,
Plattsburg, MO 64477, being the owner and holder of a Note dated the 13th day of
August, 2007, secured by a Deed of Trust dated the 20th day of May, 2008, filed
of record on the day of May, 2008 as Document No. in Book
at Page in the Office of the Recorder of Deeds of Platte County,
Missouri conveying the following described real estate , to -wit:
A tract of land in the Northwest Quarter of Section 4 in `I`c wnship 50
of Range 33, Riverside, Platte County, Missouri, described as follows*
Beginning at the l` orthwest Corner of the Northeast Quarter of the
Southeast Quarter of the Northwest Quarter of said Section 4, thence
South 89 degrees 55 minutes 40 seconds East along the North line of the
Northeast Quarter of the Southeast Quarter of the Northwest Quarter of
said Section 4 a distance of 132.46 feet to a point on the centerline of
Jurnping Branch Creek, as now located, thence South 3 degrees 09 minutes
50 seconds West along said centerline 84.88 feet; thence South 4 degrees
15 minutes 40 seconds East continuing along said centerline 434,16 feet to
a point in the Northwesterly Right -Of Way line of l -J S. Highway vay No, 69
and 169, as now located; thence Southwesterly along said Right -of -Way
line on a curve to the left having a radius of 2376.83 feet, an arc distance of
126,41 feet; thence South 59 degrees 39 minutes 13 seconds East 35.0 feet;
thence Southwesterly continuing along said Right -of -Way line on a curve
to the left having a radius, of 2341,83 feet, an arc' distance of 3.70 feet to a
point ()lithe Northeasterly Right -of -Way line of High Drive, as now
located„ thence North 66 degrees 11 ttttnt,tes 40 seconds West along said
Northeasterly Right -of -Way line 131.85 teet'to a point on the West line of
the Southeast Quarter of the Northwest Quarter of said Section 4; thence
North 0 degrees 01 tninutes 40 seconds West along said West line 592.08
feet to the point of beginning:
For good and valuable consideration, the receipt and sufficiency of which is
eby acknowledged, does hereby covenant, consent and agree that the lien of
l Note and Deed of Trust shall be subject and subordinate to an
ted to the City of Riverside, Missouri fin the establishment ofa walking trail
on said real estate which Easement and; Agreement shall be filed and recorded
subsequent to the Deed of Trust described above.
This Agreement shall be binding upon the undersigned and upon her heirs,
personal rept esentatives and assigns.
R
?1 09 02:21p
WITT & HICKLIM,PC
8168583009 p•3
IN WITNESS WHEREOF, the undersigned party has hereunto affixed her
signature
STATE OF MISSOURI )
)ss.
COUNTY OF P Q
On this day of 1' , 2009, before me, the undersigned, a
Notary Public, personally appeared Tina MacDowell, to me known to be the
person described in and who executed the foregoing instrument, and
acknowledged that she executed the same as her free act and deed. And the said
Tina MacDowell further declared herself to be single and urunarried.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal in the State of Missouri, in the day and year last above written.
My term expires
2
SHELBY 8A TELS
Notary Public, Notary Seal
State of Missouri
Platte Canty
Commission # 08616003
My Commission Expires August 07, 2012