The URL can be used to link to this page

Home My WebLink About1705 Granting Permanent Utility Easement Evergy Metro, Inc for Link Real Estate BILL NO. 2020-003 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE GRANTING OF A PERMANENT UTILITY EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO EVERGY METRO,INC. FOR THE BENEFIT OF THE LINK REAL ESTATE, LLC PROJECT IN THE CITY OF RIVERSIDE, MISSOURI WHEREAS, pursuant to that certain Lease Agreement between the City and Link Real Estate, LLC("Link") dated on or about February 1, 2019, authorized pursuant to Ordinance 1698 (the "Lease"), the City currently leases all of Lot 1,doorl-ink 1"Plat,a subdivision in the City of Riverside,Platte County, Missouri, according to the recorded plat thereof("Lot 1"),for the project described as Link Real Estate, LLC Project (the "Project");and WHEREAS, the Project requires the extension of certain Evergy Metro, Inc. ("Evergy") electrical facilities to serve the Project; and WHEREAS, Link and Evergy have approved plans for the installation of certain electrical improvements within the Project; and WHEREAS, in order to provide such electrical improvements, Evergy 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 Evergy 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. WA 14179652.1 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 day of , 2020. 4} ?' Kathleen L. Rose, Mayor <1, Robin Kincaid,City Clerk Approved as to form: Sp. Fane LLP, S ecial Cou to the City B oseph P dnar WA 14179652.1 EXHIBIT A UTILITY EASEMENT (see attached) WA 14179652.1 Recorded in Platte County,Missouri Recording DatelTime:0210412020 at 08:40:35 AM Instr Number: 2020001491 pER Oa Book: 1325 Page: 599 ;•�� " °FFo Type: DE ESMT Pages:4 Fee: $33.00 S did Electronically Recorded Gloria Boyer Recorder of Deeds 3 7 ESW ISE T rMEJATTE. ..Counter R UIM0 State EASEMENT CONVEYANCE THIS EASEMENT made and entered into this �2 1St dayofJanuci 2020.by and between City of Riverside,Missouri,a political subdivision of the State of Missouri, "GRANTOR"and Evergy Metro,Inc.,a Select State...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: Evergy Melissa Felltes 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, herebyGRANTS, BARGAINS, SELLS AND CONVEYS to Grantee, its lessees, successors and assigns, the right, privilege and perpetual 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, hoar 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 fines 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 legal description and depiction, Incorporated herein by reference. 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 Grantee shall be removed by Grantee unless Grantor otherwise requests. DOCUMENT ELECTRONICALLII FEB 0 4 2020 RECORDED S 7 ISw !SE QQfQ T 591PLATTE County R 331MO State EASEMENT CONVEYANCE THIS EASEMENT made and entered into this. 21:9r day of Januar 2020.by and between City of ffiverside,Missouri,a political subdivision of the State of Missouri, "GRANTOR"and Evergy Metro,Inc.,a Select State._, 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: Evergy Melissa Feltes 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 perpetual non4xdusive easement to enter upon the lands of Grantor as.descnbed 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,Cures 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 fines from the public roads adjacent to Grantors lands,which said temporary non-exdusive easement being situated in the County of Platte,in the State of dhssohuii,said easement more particularly described as follows: See Attached Exhibit A for legal description and depiction, incorporated herein by reference. GRANTEE may erect and use gates in all fences which crass or which shall hereinafter cross the route of said lines. Grantee is given the right to trim,cut and dear 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 Ones. 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 td said perpetual easement.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. 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 IN TESTIMONY WHEREOF, Grantor has hereunto executed this Easement on the date first above written. City of Riverside,Missouri By: > I ATTEST: A,-r-2 to CLERK Print Name: Title:. M ANUe sEtA ACKNOWLEDGEMENT State of PS'1 s s a cu2 ) SS. County of �l r-►j±6 ) S� nth Laws On this .�!7� day of ut 2020, before me a Notary Public, appeared a le.e.. � to me persona known, (or proved to me on the basis of satisfactory evidence)to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he/she is the M Au A2. of ` - , and that seal affixed to the forgoing instrument is the corporate seal of said municipa ity and that said instrument was signed and sealed on behalf of said municipality by authority of its board pursuant to Ordinance No. I-7oS duly adopted and passed on SA r..,"A-t-y 3.dSri 3 o3D and the said C i L-W-K anamp,�o4- Ros acknowledged said instrument 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: 0'2c g a0 NotaryPubl-,--a,,-u ,4 . ;.oiY P(j�G ROBIN L.KINCAID ;.. , My Commission Expires March 8,2023 SEAL Clinton County `•�lM�';•`� Commission#15390631 WR#: 872240 Validation by: mif FLT OF DESCRIPTION Pmpared By., YLETT SURVEY & ENGINEERING COMPANY LAND SURVEYING N LAND PLANNING N CIVIL ENGINEERING 209 NW 72ND STREET - GLADSTONE, MISSOURI 64996 Phone: 436--0732 - Fox. 436-0767 ORDERED BY: Miller Stauch ,JOB NO.: 52585 LEGEND DESCRIPTION: ®ATE: 01/02/2020 --u-1— Underground Electrlc Lines CC-91 Electric Access Box A# that part of Lot 1, DOORLINK, iST PLAr o subdivision of land in WA., Water Easement the City of Riverside, Platte County, Missouri, lying 5.0 feet each side SCALE.' 1"-- 50 of the following described Centerline, Commencing at the Northerly comer of said Lot 1; thence South .32 degrees 37 minutes 27 seconds East along the Easterly line of said Lot 1 also being the 50 25 0 50 West Right of Way of NW MATTOX ROAD a distance of 3706 feet; thence Southwesterly along said line along a curve to the right being tangent to the last described course, having a radius of 470.00 feet an arc length of 129.95 feet to the Point of Beginning of the Point of Commencemen Centerline herein to be described, thence South 81 degrees 21 c� minutes 33 seconds West, a distance of 27..122 fee4 thence North 79 Northerly Corner of Lot 1, degrees 55 minutes 30 seconds Wes4 a distance of 100 18 fee4 DOORLINC, 1ST PLAT thence North 89 degrees 46 seconds 44 seconds Nrest, ea a'i 7? `Q '�' V. 280.00 feet to the Point of Termination. Said easement be lengthened or shorten to intersect t the properly lines, LOT .;F ,;�,_� e� , •ACI \-;�� Bk. 22 N a� 9. 36 Centerline of 10' Lt►► .r, Point of Electrical Easement Point of \ r erminotionf P — —® — — BeginningL: --- —�E-- a_ UE UE E a ♦ 1 1s soil (?7(- .✓!.' f_` •.oAaFn5 ` nfP�ro.pose.rd B_ui.`l:Oding8258a--KCPLAS8DWG(ZAb) s r ,�