HomeMy WebLinkAbout1675 Permanent Utility Easement to Kansas City Power & Light for Horizons Industrial VIII BILL NO. 2019- 038 ORDINANCE NO..1b 75,
AN ORDINANCE AUTHORIZING THE GRANTING OF A PERMANENT UTILITY EASEMENT
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO KANSAS CITY
POWER & LIGHT COMPANY FOR THE BENEFIT OF THE HORIZONS INDUSTRIAL VIII
PROJECT IN THE CITY OF RIVERSIDE, MISSOURI
WHEREAS, pursuant to that certain Lease Agreement between the City and Horizons Industrial
Vlll, LLC ("Horizons VIII") dated on or about May 1, 2018 (the "Lease"), the City currently leases
all of Lot 5, ARGO INNOVATION PARK, a subdivision in the City of Riverside, Platte County,
Missouri, according to the recorded plat thereof ("Lot 5"), for the project described as Horizons
Industrial VIII, LLC Project (the "Project"); and
WHEREAS, the Project requires the extension of certain Kansas City Power & Light Company
("KCPL") electrical facilities to serve the Project; and
WHEREAS, Horizons VIII and KCPL have approved plans for the installation of certain electrical
improvements within the Project; 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; and
WHEREAS, the Board of Aldermen find it to be in the best interests of the City, in order to further
the objectives of industrial and economic development of the City, and the terms and conditions
of the Lease, as well as in furtherance of the objective to protect the health, safety, and welfare
of the businesses and citizens of the City for the City to grant said easement to KCPL in
substantially the form attached hereto and incorporated herein as Exhibit A (the "Easement").
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION-1. BEST INTEREST OF THE CITY—APPROVAL. It is in the best interest of the City
in order to further the objectives of industrial and economic development of the City to APPROVE
the Easement substantially in the form attached hereto as Exhibit A.
SECTION 2.AUTHORITY TO EXECUTE. The City and the officers, agents and employees of the
City, including the Mayor,the City Administrator, Special Counsel to the City, and Finance Director
and other appropriate City officials are hereby authorized to execute and deliver the Easement,
and to take any and all actions as may be deemed necessary or convenient to carry out the terms
and conditions of the Easement and comply with this Ordinance, and the City Clerk is authorized
to attest thereto.
SECTION 3. SEVERABILITY CLAUSE. The provisions of this Ordinance are severable and if
any provision hereof is declared invalid, unconstitutional or unenforceable, such determination
shall not affect the validity of the remainder of this Ordinance.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon and after
its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City
of Riverside, Missouri, this 6th day of August, 2019.
Kath een L. Rose, Mayor
ATTEST: '
Ro6in;c'ir.: aid, City Clerk
_ Approved as to form:
Spricfrne LLP,
Sp • nsel to the City
by Joseph P. Bednar
EXHIBIT A
UTILITY EASEMENT
(see attached)
3�
Recorded In Platte County, Missouri
Recording Date/Time: 08/07/2019 at 03:52:55 PM
Instr Number: 2019009507 ,,I"Irlp'o,
Book: 1316 Page: 385 ,,,�`����°' ' ••°FFo�
Type: DE ESMT
Pages: 5 ` ' ' • '
Fee: $36,00 S
II I�II1II III I II II I I II I I�I II I II I I IIII I I II II I I III -.c�uN,?Y���,�''````
Grantor: RIVERSIDE MISSOURI CITY OF Gloria Boyer,
Grantee: KANSAS CITY POWER&LIGHT CO Recorder of Deeds
S 61SW/SE QQ/Q
T 501Platte County
R 331Mlssouri State
EASEMENT CONVEYANCE
CORPORATION
THIS EASEMENT made and entered into this r�day of August, 2019, by and
between City of Riverside, Missouri, a political subdivision of the State of Missouri,
"GRANTOR" and Kansas City Power& Light Company (KCP&L), 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".
After recording mail to:
KCP&L
Andrew Castillo
Central Design Dept. Northland
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in consideration of the
sum of One Dollar ($1.00) 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 right, privilege and temporary non-exclusive easement to
enter upon the lands of Grantor as described below, to survey, construct, operate, patrol, inspect,
maintain, alter, add wires, cables, conduits, and pipes, repair, rebuild and remove, 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, lines 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 temporary non-exclusive easement being situated in the County of
Platte, in the State of Missouri, said easement more particularly described as follows:
See attached Exhibit A for illustration and attached Exhibit B for legal description,
incorporated herein by reference
BoDink 1316 Pa�ge 385
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 easement 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 or compensate for any damage caused by its use, repair, or improvement to said
perpetual easement. All logs, limbs, or brush cut or trimmed by KCP&L shall be removed by
KCP&L 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.
Title to said lines 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.
SIGNATURES ON FOLLOWING PAGE
8x--'C-Ak 1316 pa�ge 385
IN TESTIMONY WHEREOF, Grantor has hereunto executed this Easement on the date first
above written.
City of Riverside Mis ouri
By: VaU--jUA)X- &',-) ATTEST4 ---
CLERK
Print Name: L
Title: AU t1P
-SEALS
ACKNOWLEDGEMENT
State of i SSOu,r I—)
) SS.
County of '-`1 A-tfE )
On this day of August, 2019, before me a Notary Public, appeared l ayoeh gfa'-'�
to me personally known, (or proved to me on the basis of satisfactory evidence) to be the
person(s) described in and who executedt e for instrument, and acknowledged that
he/she is the Auoa- of f±n , and that seal affixed to the
forgoing instrument is the corporate seal of said municipality and that said instrument was signed
and sealed on behalf of said municipality by authorit of its board pursuant to Ordinance No.
I/,,`7S- duly adopted and passed on and the said `C�—
Clow-k acknowledged said in trument to be the free act and deed of said
municipality, executed for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year aforesaid.
My Commission Expires:nag.,be )5,9Pe\Notary Public
SARAH WAGNER
Notary Public, Notary Seal
State of Missouri
Clinton County
Commission#11277184
My Commission Expires 11-13-2019
WR#826422 InitialsAJC
Powerline Easement Exhibit A
POINT OF TERMINUS
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Prepared 07-17-19 132 Abse Avenue 913 3179500
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B�DD k 1316 P'qg a -�
Powerline Easement
A tract of land 10 feet in width, across part of Lot 5,ARGO INNOVATION PARK, in the City of Riverside,
Platte County,Missouri,lying 5.00 feet on each side of the following described centerline:
Commencing at the Northwest corner of said Lot 5;thence South 0016'14"West,along the East right-
of-way line of Mattox Road,a distance of 43.32 feet,said point being the Point of Beginning of said
centerline;thence South 85'21'26" East a distance of 152.88 feet;thence North 8939'04" East a
distance of 84.48 feet 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.
OF MIS
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BRENT E-
THOMPSON
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