HomeMy WebLinkAbout1679 Temporary Construction Easement, Right of Way Deed and Utility Easement Babra LLC with the Mattox and 39th Street Project BILL NO. 2019-042 ORDINANCE NO.
AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT, RIGHT OF
WAY DEED, AND UTILITY EASEMENT FROM BABRA, LLC TO THE CITY OF RIVERSIDE,
MISSOURI IN CONNECTION WITH THE MATTOX AND 39TH STREET PROJECT,TOGETHER
WITH AN ACQUISITION AGREEMENT IN CONNECTION THEREWITH
WHEREAS, the City previously determined the need for certain infrastructure work necessary to
accommodate the doorLink Manufacturing, Inc. ("doorLink") industrial warehousing and
distribution facility, as well as other future projects, to be located adjacent to the doorLink site
located at Mattox and 39th Street; and
WHEREAS, BABRA, LLC, a Missouri limited liability company, has agreed to grant the City a
Utility Easement in substantially the form attached hereto as Exhibit A (the "Utility Easement'), a
Right of Way Deed in substantially the form attached hereto as Exhibit B (the "ROW Deed"), and
a Temporary Construction Easement in substantially the form attached hereto as Exhibit C (the
"TCE", and together with the Utility Easement and the ROW Deed, the "Granting Documents")
pursuant to the terms of a Right-of-Way / Permanent and Temporary Easements Acquisition
Agreement in substantially the form attached hereto as Exhibit D (the "Acquisition Agreement'),
which Acquisition Agreement includes a payment to BABRA, LLC in the amount of $13,691 as
consideration for the conveyances under the Granting Documents (the "BABRA Consideration");
WHEREAS, the aforementioned infrastructure projects fulfill a public purpose and will further the
growth of the City, facilitate the development of the entire Horizons site, improve the environment
of the City, foster increased economic activity within the City, increase employment opportunities
within the City, and otherwise be in the best interests of the City by furthering the health, safety
and welfare of its residents and taxpayers; and
WHEREAS, the Board of Aldermen find 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 and accept the Granting
Documents and Acquisition Agreement in,substantially the same forms attached hereto as
Exhibits.
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 Granting Documents and Acquisition Agreement in substantially the same forms attached
hereto as Exhibits.
SECTION 2. AUTHORIZATION GRANTED. 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 Utility
Easement, TCE, and Acquisition Agreement, and the City Clerk is authorized to attest thereto, to
record all Granting Documents with the Register of Deeds of Platte County, Missouri, and to take
any and all actions as may be deemed necessary or convenient to carry out the terms and
conditions of the Granting Documents and Acquisition Agreement, including the payment of the
BABRA Consideration to BABRA, LLC, and to otherwise comply with this Ordinance.
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 20th day of August, 2019.
athleen L. Rose, Mayor.
6' .
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AT,
F o iri I<inG id, COV,Ciom
Approved as to form:
Spe er ne LLP,
Sp cial Co sel to the City
by Joseph P. Bednar
WA 13368840.1
EXHIBIT A
UTILITY EASEMENT
(see attached)
WA 13368840.1
TY
Recorded In Platte County, Missouri
Recording Date/Time: 08/28/2019 at 03:54:02 PM
Instr Number: 2019010643 01fR0,0
Book: 1317 Page: 514 oF�
Type: DE ESMT
Pages: 6 Z
Fee: $39.00S
II I IIII II III III II I III II I II II I I I II II I IIII I IIII I III
If .4
If
Grantor: BASRA LLC Gloria Boyer,
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Recording Cover Sheet
Title of Document: Utility Easement
Date of Document: August o�10 2019
Grantor: BABRA, LLC
c/o Block Real Estate Services,LLC
700 W.47th Street, Suite 200
Kansas City,MO 64112
Grantee: City of Riverside, Missouri
2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A.
After recording, please return to:
City of Riverside
Attn:Noel Challis
2950 NW Vivion Road
Riverside, Missouri 64150
Utility Easement
48965703.2
UTILITY EASEMENT
THIS UTILITY EASEMENT ("Easement"), made this day of August, 2019, by and
between BABRA, LLC, a Missouri limited liability company, owner of the property herein
described, 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, this Easement for, including but not limited to, the construction, improvement,
reconstruction, maintenance and use of conduits, water, gas, sewer pipes, fiber optic,
telecommunication facilities, poles, wires, storm water drainage facilities, ducts, cables, together
with the right to place on the surface of the Easement utility boxes, manhole covers, cable risers,
connector terminals, repeaters, testing terminals and route markers (collectively, "Facilities") on,
over, along, across, and under the following described tract of land situated in Platte County,
Missouri,to-wit:
See Exhibit"A," attached.
Except as described above, all utility services, facilities, and related appurtenances shall be
buried underground, and at sufficient depths to allow Grantor to plant landscaping (including but
not limited to sod, shrubs, trees, and irrigation systems) within the Easement and over the top of
such utility services, facilities and related appurtenances.
THIS EASEMENT is executed and delivered and said easement is granted upon the following
conditions:
1. The rights granted herein shall not be construed to interfere with or restrict the Grantor's
use of the easement described herein so long as such use does not impair or interfere with
the Grantee's activities permitted under this easement; provided however, Grantee shall
not block or partially block the access drives to Grantor's adjoining property so as to
interfere with the business of the tenant or occupant of Grantor's adjoining
property. Grantee shall coordinate with Grantor and Grantor's tenant or occupant of
Grantor's adjoining property to obtain prior approval for the timing of the work and the
manner in which the work will be conducted (such approval not to be unreasonably
withheld, conditioned, or delayed).
2. Grantee shall bear the full cost and expense of restoring Grantor's property to as near as
possible to the original condition existing prior to any activities by Grantee including but
not limited to the repair any damage to driveways, fences, sidewalks, roadways,
pavement curbs, grass that are within the described easement and any of Grantor's
adjoining property arising in connection with acts of Grantee, its agents, servants,
employees or independent contractors in connection with constructing, reconstructing,
maintaining, removing, repairing, and operating said facilities.
Utility Easement
2
48965703.2
WA 13366877.2
514
3. Grantee shall perform the activities permitted or required hereunder upon the Grantor's
property in an expeditious manner consistent with accepted construction practices so as to
minimize interference with Grantor's operations on the Grantor's property.
4. To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor
against any and all claims, loss, damage, actions, causes of action, expense, and liability
resulting from the negligent or wrongful acts or omission by Grantee, its agents, servants,
employees or independent contractors while acting within the scope of his or her
employment.
5. This Easement shall, at all times be deemed to be and shall be, a continuing covenant
running with the land and shall be binding upon the successors and assigns of the Grantor.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the Grantee and to its successors and assigns
forever.
Remainder of page intentionally left blank. Signature pages follow.
Utility Easement
3
48965703.2
WA 13366877.2
1317 Pa.ge 514
IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand as of the day and
year first set forth above.
GRANTOR:
BABRA,LLC, a Missouri limited liability
company,
By: BK Properti , LLC,
a Missou?1ock.,
bility c pa y, Manager
By: e4l
Kennethustee of the Kenneth G.
Block Trust, dated January 11, 1991, as
amended, Manager and Sole Member
ACKNOWLEDGMENT
STATE OF )
'' {{ ) ss
COUNTY OFV A-L bZ&l )
The foregoing instrument was acknowledged before me this O -1 day of August, 2019,
by Kenneth G. Block, Trustee of the Kenneth G. Block Trust dated January 11, 1991, as
amended, Managing Member of BK Properties, LLC, Manager of BABRA, LLC, a Missouri
limited liability company (the "Company") and that the foregoing instrument was signed for the
purposes therein contained on behalf of the Company and by authority of the Company; and he
further acknowledged said instrument to be the free act and deed of the Company.
In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal
the day and year last above written.
My Appointment Expires kwl
CU-CU Notary Public
[SEAL]
STEPHANIE SUPANCIC
Notary Public, Notary Seal
State of Missouri
Clay County
Commission 4 16894435
My Commission Expires 06-06-2020
Utility Easement
48965703.2
WA 13366877.2
514
IN WITNESS WHEREOF,the said GRANTEE has hereunto set its hand as of the day and
year first set forth above.
GRANTEE:
CITY OF RIVERSIDE, MISSOURI, a
municipal orporation
By:
Printed Name: Kathleen L. Rose
• �,. " Title: Mayor
ATTEST:
'Robin,'K.incad, CityClerk
ACKNO-WLEDGMENT—City of Riverside,Missouri
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS day of August, 2019, 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
executed on behalf of said City of Riverside, Missouri by authority of its Board of Aldermen,
and Mayor Rose executed said instrument to be the free act and deed of said City of Riverside,
Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in *6 County, the day and year last above written.
(SEAL) -
1pRY PU ; RQQlN L KWAID
NOTARN.0._ Mard 8.2023
CO I
gaL, (mon Courtly Printed Name:-Kb
a j , L NCO-1
•�<,',OF'• Comrnlssion15390631 Notary Public in and for said State
Commissioned in County
My Commission Expires: ' Y C. a,C)a-
052203/479412-69075553.2 052203/479412-69075553.2
WA 13366877.2
1317 pa�qe 514
Exhibit A of Utility Easement
All that part of Lot 1, RIVERSIDE LOGISTICS CENTRE, a subdivision Riverside, Platte
County, Missouri, described as follows:
The West 5.00 feet of the East 10.00 feet of the South 571.76 feet of said Lot.
052203/479412-69075553.2
WA 13366877.2
EXHIBIT B
RIGHT OF WAY DEED
(see attached)
WA 13368840.1
Recorded in Platte County, Missouri
Recording Date/Time: 08/28/2019 at 03:54:02 PM
Instr Number: 201901064410 11, "
Book: 1317 Page: 515 EFI o�o�
Type: DE R/W
Pages: 4 •
Fee: $33.00 S is' 'M
III(III III IIIIII IIIIII VIII I IIIIIIII IIIIII IIII III III '-�°uNTM 1�;g' �`��
Grantor: BABRA LLC Gloria Boyer,
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Title of Document: Right of Way Deed
Date of Document: August 20�2019
Grantor: BABRA,LLC
c/o Block Real Estate Services,LLC
700 W.47th Street, Suite 200
Kansas City,MO 64112
Grantee: City of Riverside
2950 NW Vivion Road
Riverside,Missouri 64150
Legal Description: See Exhibit A
Return Document to: City of Riverside
Attn:City Clerk
2950 NW Vivion Road
Riverside,Missouri 64150
Special Warranty Deed
48965703.2
RIGHT OF WAY DEED
THIS INDENTURE, made this day of August, 2019, by and between: BABRA,
LLC, a Missouri limited liability company, whose address is c/o Block Real Estate Services, LLC,
700 W. 47ffi Street, Ste. 200, Kansas City, Missouri, 64112 ("GRANTOR"), and the CITY OF
RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road,
Riverside, Missouri 64150("GRANTEE").
WITNESSETH, that the GRANTOR, in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration to it paid by the GRANTEE,the receipt and sufficiency
of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm
unto GRANTEE, its successors and assigns, a Right of Way for the construction, improvement,
reconstruction and maintenance of a right of way for public use as a street, roadway or
thoroughfare, including but not limited to,the construction, maintenance and use of conduits, water,
gas, sewer pipes, fiber optic, telecommunication facilities, poles, wires, storm water drainage
facilities, ducts, cables on, over, along, across, and under the following described tract of land
situated in Platte County, Missouri,to-wit:
See Exhibit A,attached
SUBJECT, however, to all existing easements, encumbrances, conditions, and
covenants; all zoning laws, ordinances, and rules affecting the use or improvement of the
property; all taxes, levies, and assessments imposed by any governmental agency; and all matters
which would be disclosed by an accurate survey.
GRANTOR further states that it is lawfully seized of title to the land through which the
Right of Way is granted and that is has good and lawful right to convey the Right of Way to the
GRANTEE herein.
THIS GRANT and right of way shall, at all times be deemed to be and shall be,a continuing
covenant running with the land and shall be binding upon the successors and assigns of the
GRANTOR.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the GRANTEE and to its successors and
assigns forever.
Remainder of page intentionally left blank. Signature pages follow.
Special Warranty Deed
2
48965703.2
WA 13366876.2
1317 Pa.gr 51
IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand as of the day and
year first set forth above.
GRANTOR:
BABRA,LLC, a Missouri limited liability
company,
By: BK Properties LLC,
a Missouri limit iiit7ynager
By:
Lk,Kenneth G. B Trustee of the Kenneth G.
Block Trust, dated January 11, 1991, as
amended, Manager and Sole Member
ACKNOWLEDGMENT
STATE OF )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this 91� day of August, 2019,
by Kenneth G. Block, Trustee of the Kenneth G. Block Trust dated January 11, 1991, as
amended, Managing Member of BK Properties, LLC, Manager of BABRA, LLC, a Missouri
limited liability company (the "Company") and that the foregoing instrument was signed for the
purposes therein contained on behalf of the Company and by authority of the Company; and he
further acknowledged said instrument to be the free act and deed of the Company.
In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal
the day and year last above written.
My Appointment Expires Vv"�
Notary Public
7[: Notar
HANIE SUPANCIC
Public, Notary Seal
[SEAL] te of Missouri
Clay County
ission# 16894435
ion Expires QG-06=$020
052203/479412-69075496.2
WA 13366876.2
e_e d� �., ��c9.■�a= 5 S c
Exhibit A of Right of Way Deed
All that part of Lot 1, RIVERSIDE LOGISTICS CENTRE,a subdivision Riverside, Platte County,
Missouri,described as follows:
The East 5.00 feet of the South 571.76 feet of said Lot.
052203/479412-69075496.2
WA 13366876.2
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
(see attached)
WA 13368840.1
Recorded in Platte County, Missouri
Recording Date/Time: 08/28/2019 at 03:54:02 PM
Instr Number: 2019010645 ,�'1''eR'.....
Book: 1317 Page: 516 ,,��oa°'•' !t0;
Type: DE ESMT ��
Pages: 0 • •
Fee: $39.008 %
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NUN �g��`�.
Grantor: BABRA LLC �����`���
Gloria Boyer,
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Recording Cover Sheet
Title of Document: Temporary Construction Easement
Date of Document: August QD�—t, 2019
Grantor(s): BABRA, LLC
c/o Block Real Estate Services,LLC
700 W.47th Street, Suite 200
Kansas City,MO 64112
Grantee's Name City of Riverside, Missouri
and Address: 2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A.
After recording, plea a return to:
City of Riverside
Attn:Noel Challis
2950 NW Vivion Road
Riverside, Missouri 64150
Temporary Construction Easement
48965703.2
ef--�6=Ak 1317 PaLge 51,6
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT, made this day of August, 2019, by and between BABRA, LLC, a
Missouri limited liability company, owner of the property herein described, 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 Temporary Construction Easement in conjunction with the construction of a right
of way for public use as a street, roadway or thoroughfare, including but not limited to, the
construction, maintenance and use of conduits, water, gas, sewer pipes, fiber optic,
telecommunication facilities, poles, wires, storm water drainage facilities, ducts, cables on, over,
along, across, and under the following described tract of land situated in Platte County, Missouri,to-
wit:
See Exhibit A,attached.
THIS TEMPORARY CONSTRUCTION EASEMENT is executed and delivered and said
easement is granted upon the following conditions:
1. The rights granted herein shall not be construed to interfere with or restrict the Grantor's
use of the easement described herein so long as such use does not impair or interfere with
the Grantee's activities permitted under this easement; provided however, Grantee shall
not block or partially block the access drives to Grantor's adjoining property so as to
interfere with the business of the tenant or occupant of Grantor's adjoining
property. Grantee shall coordinate with Grantor and Grantor's tenant or occupant of
Grantor's adjoining property to obtain prior approval for the timing of the work and the
manner in which the work will be conducted (such approval not to be unreasonably
withheld, conditioned, or delayed).
2. Grantee shall bear the full cost and expense of restoring Grantor's property to as near as
possible to the original condition existing prior to any activities by Grantee including but
not limited to the repair of any damage to driveways, fences, sidewalks, roadways,
pavement curbs, grass that are within the described easement and any of Grantor's
adjoining property arising in connection with acts of Grantee, its agents, servants,
employees or independent contractors in connection with constructing, reconstructing,
maintaining, removing, repairing, and operating said facilities.
3. Grantee shall perform the activities permitted or required hereunder upon the Grantor's
property in an expeditious manner consistent with accepted construction practices so as to
minimize interference with Grantor's operations on the Grantor's property.
4. To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor
against any and all claims, loss, damage, actions, causes of action, expense, and liability
resulting from the negligent or wrongful acts or omission by Grantee, its agents, servants,
Temporary Construction Easement
2
48965703.2
WA 13366875.2
P-age 516
employees or independent contractors while acting within the scope of his or her
employment.
5. This Temporary Construction Easement shall expire upon the earlier of (a) the date of
completion of the improvements, or(b) eight (8) months from the date of its execution.
Remainder of page intentionally left blank. Signature pages follow.
Temporary Construction Easement
3
48965703.2
WA 13366875.2
IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand as of the day and
year first set forth above.
GRANTOR:
BABRA,LLC, a Missouri limited liability
company,
By: BK Propertie , LLC,
a Missouri limite ility company Manager
By:
Kenneth G. Block, Trustee of the Kenneth G.
Block Trust, dated January 11, 1991, as
amended, Manager and Sole Member
ACKNOWLEDGMENT
STATE OF
ss
COUNTY OF U� )
The foregoing instrument was acknowledged before me this�day of August, 2019,
by Kenneth G. Block, Trustee of the Kenneth G. Block Trust dated January 11, 1991, as
amended, Managing Member of BK Properties, LLC, Manager of BABRA, LLC, a Missouri
limited liability company (the "Company") and that the foregoing instrument was signed for the
purposes therein contained on behalf of the Company and by authority of the Company; and he
further acknowledged said instrument to be the free act and deed of the Company.
In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal
the day and year last above written.
My Appointment Expires
u'-w-- av Notary Public
[SEAL]
STEPHANIE SUPANCIC
Notary Public, Notary Seal
State of Missouri
Clay County
Commission# 16894435
My Commission Expires 06-06-2020
Temporary Construction Easement
48965703.2
WA 13366875.2
B B1 t-: 1317 p a.g e 16
IN WITNESS WHEREOF,the said GRANTEE has hereunto set its hand as of the day
and year first set forth above.
GRANTEE:
CITY OF RIVERSIDE, MISSOURI, a
municip 1 corporation
By.
Printed Name: Kathleen L. Rose
f Title:Mayor
A7 rEST:
!'
Rbbi6 Kincaid; i_ty`Clerk
ACKNOWLEDGMENT—City of Riverside,Missouri
STATE OF MISSOURI )
)ss:
COUNTY OF PLATTE )
ON THIS Q —day of August, 2019, 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 executed on behalf of said City of Riverside, Missouri by authority of its
Board of Aldermen, and Mayor Rose executed said instrument to be the free act and deed of
said City of Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my
office in - 1 eCG County,the day and year last above written.
SF,jkL)
Yp'•
NOV& is
�. DBIN L KINCCmur stn�,NV�D, _ p
amh S.2023
�% „ �mrrdssioni Printed Name:
n L. i, Ca
Notary Public in and for said State
Commissioned in C�;,�- pCounty
My Commission Expires: AaAJ g
052203/479412-69075528.2
WA 13366875.2
Blz�clk 1317 pa-ge 516
Exhibit A of Temporary Construction Easement
All that part of Lot 1, RIVERSIDE LOGISTICS CENTRE, a subdivision Riverside, Platte
County, Missouri, described as follows:
The West 10.00 feet of the East 20.00 feet of the South 571.76 feet of said Lot, All together
with the East 10.00 feet of the North 8 1.10 feet of said Lot 1.
052203/479412-69075528.2
WA 13366875.2
EXHIBIT D
ACQUISITION AGREEMENT
(see attached)
WA 13368840.1
RIGHT-OF-WAY/PERMANENT AND TEMPORARY
EASEMENTS ACQUISITION AGREEMENT
THIS RIGHT-OF-WAY / PERMANENT AND TEMPORARY EASEMENTS
ACQUISITION AGREEMENT ("Agreement') is made and entered into this =Q ' day of
August, 2019, by and between BABRA, LLC, a Missouri limited liability company ("Owner")
and the CITY OF RIVERSIDE,MISSOURI, a Missouri municipality ("Citv").
RECITALS
A. The City has determined a need for certain infrastructure work necessary to
accommodate the doorLink Manufacturing, Inc. ("doorLink") industrial warehousing and
distribution facility, as well as other future projects, to be located adjacent to the doorLink site
located at Mattox and 39th Street(the"Project").
B. In furtherance of the Project, the City has requested that Owner grant to the City a
temporary construction easement pursuant to an easement agreement in substantially the form of
Exhibit A attached hereto ("Temporary Construction Easement"), to enter onto a portion of
Owner's property, as more particularly described and depicted in such Temporary Construction
Easement("Temporary Construction Easement Property") for purposes set forth therein.
C. In furtherance of the Project, the City has requested that Owner grant to the City a
permanent utility easement pursuant to an easement agreement in substantially the form of Exhibit
B attached hereto ("Permanent Utility Easement") over, under, and through a portion of Owner's
property, as more particularly described and depicted in such Permanent Utility Easement
("Permanent Utility Easement Property") for the purposes set forth therein.
D. In furtherance of the Project, the City has requested that Owner grant to the City
property for a right of way pursuant to a right of way deed in substantially the form of Exhibit C
attached hereto ("ROW Deed") conveying a portion of Owner's property, as more particularly
described and depicted in such ROW Deed ("ROW Property").
E. Owner desires to grant to the City the requested Temporary Construction Easement
and Permanent Utility Easement (collectively, "Easements") and the ROW Deed pursuant to the
terms and provisions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Agreement and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged by the parties, the parties agree as follows:
1. GRANT OF EASEMENTS AND ROW DEED. Concurrently with the execution
of this Agreement, Owner shall execute and deliver the Easements and ROW Deed to the City.
2. COMPENSATION TO OWNER. Upon Owner's execution and delivery of the
Easements and ROW Deed to the City, the City shall pay to Owner the sum of Thirteen Thousand
Six Hundred Ninety-One Dollars($13,691.00)in immediately available funds in consideration for
such grants.
1
3. OWNER'S REPRESENTATIONS, WARRANTIES, AND AGREEMENTS.
Owner hereby represents and warrants to the City as of the date hereof that:
(a) Owner is the owner in fee simple of the Temporary Construction Easement
Property, the Permanent Water Easement Property, and the ROW Property (collectively,
the "Pro e ").
(b) No other party or entity is required to give its consent to the conveyances
herein described.
(c) Owner has no knowledge of any litigation threatened or pending which
questions the ownership of the Property; there exists no impediment to Owner conveying
the Easements and ROW Deed to the City; and Owner is not prohibited from
consummating the transactions contemplated herein by any law, regulation, agreement
instrument restriction order or judgment.
(d) Owner is not a foreign person as described in the Foreign Investment in
Real Property Tax Act.
4. SURVIVAL OF REPRESENTATIONS, WARRANTIES, AND
AGREEMENTS. All warranties, representations and agreements contained herein or arising out
of the conveyances herein shall survive delivery of the Easements and ROW Deed.
5. NOTICES. Any notice to be given or other document to be delivered by any
party to the other hereunder,and any payments from the City to Owner,may be delivered in person
to an officer of any party, or may be delivered by Federal Express, private commercial delivery or
courier service for next business day delivery, or may be deposited in the United States mail, duly
certified or registered, return receipt requested, with postage prepaid, and addressed to the party
for whom intended, as follows:
If to Owner: BABRA,LLC
c/o Block Real Estate Services,LLC
700 W.47th Street, Suite 200
Kansas City,MO 64112
If to the City: City of Riverside
2950 NW Vivion Road
Riverside,Missouri 64150
Any Party hereto may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified. If any notice or other
document is sent by mail as aforesaid, the same shall be deemed served or delivered seventy-two
(72) hours after the mailing thereof as above provided or if delivered by facsimile, telecopy,
electronic mail, "pdf' or "jpg", then such notice shall be deemed delivered upon actual receipt.
Notice by any other method shall be deemed served or delivered upon actual receipt or first
attempted delivery (if delivery is refused) at the address listed above.
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6. MISCELLANEOUS. This Agreement is binding upon and inures to the benefit
of Owner and the City and their respective heirs, personal representatives, successors and assigns.
The parties hereto shall perform or cause to be performed such further acts as may be reasonably
necessary to consummate the transactions contemplated hereby. This Agreement, together with
the provisions of the Easements and ROW Deed, constitutes the entire agreement between the
Owner and the City pertaining to the subject matter hereof and all prior and contemporaneous
agreements, representations and understandings of the parties hereto, oral or written, are hereby
superseded and merged herein.Each party has received independent legal advice from its attorneys
with respect to the advisability of executing this Agreement and the meaning of the provisions
hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or
against any party based upon any attribution of such party as the sole source of the language in
question. No supplement, modification or amendment of this Agreement shall be binding unless
in writing and executed by the parties hereto.No waiver of any of the provisions of this Agreement
shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor
shall any waiver be a continuing waiver.No waiver shall be binding unless executed in writing by
the party making the waiver. This Agreement shall be construed and enforced in accordance with,
and governed by, the laws of the State of Missouri. The headings of this Agreement are for
purposes of reference only and shall not limit or define the meaning of the provisions hereof. This
Agreement may be executed in any number of counterparts, each of which shall be an original and
all of which shall constitute one and the same instrument. Facsimile, pdf, or electronic signatures
on this Agreement shall be considered valid, binding, and effective for all purposes. Time is of
the essence of every provision hereof.
(Signature Page Follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
OWNER:
BABRA, LLC,
a Missouri limited liability company,
By: BK Properties, LLC,
a Missouri limited liability company,
Its: Manager
By:
Kennet G. lock, Trustee of the Kenneth G.
Block Trust, dated January 11, 1991, as amended,
Manager and Sole Member
CITY:
CITY OF RIVERSIDE, MISSOURI,
a munici al corporation
B
Name: thleen L. Rose
.01
,Title: Mayor
_ - ATTEST
Robin Kincaid, City Clerk
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EXHIBIT A
Temporary Construction Easement
(see attached)
EXHIBIT B
Permanent Utility Easement
(see attached)
EXHIBIT C
Right of Way Deed
(see attached)