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Home My WebLink AboutR-2020-011 Permanent Drainage Easement from Gate Woods Community Homes Association RESOLUTION NO. R-2020-011 A RESOLUTION ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM GATE WOODS COMMUNITY HOMES ASSOCIATION, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board of Aldermen hereby approves and accepts the Permanent Drainage Easement, in substantially the form attached hereto, from Gate Woods Community Homes Association, Inc., and authorizes the Mayor to execute such easement document on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, the City Attorney 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 execute and 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. PASSED THIS DAY OF Y , 20209 BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI. APPROVED: povu Mayor Kathleen L. Rose AT-TES City.Clerk kcihii�`'' fn-caid Recorded in Platte County, Missouri Recording Date/Time,: 02/10/2020 at 03:58:21 PM Instr Number: 2020001831 % Book: 1325 Page: 933 ��`0 ' °F Type: DE ESMT Pages; 6 Fee: $39.00S III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��,�OtiN'ri,�';��`` Grantor: GATE WOODS COMMUNITY HOMES ASSOCIAT... Gloria Boyer, Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds Recording Cover Sheet Title of Document: Permanent Drainage Easement Date of Document: -4/2 , 2020 Grantor(s): Gate Woods Community Homes Association, Inc. Grantee's Name City of Riverside, Missouri and Address: 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A. After recording, please return to: fCity of Riverside Attn: Noel Challis 2950 NW Vivion Road Riverside, Missouri 64150 Com.-_,r--0k 1325 P-3-ge 933 PERMANENT DRAINAGE EASEMENT This Permanent Drainage Easement, made this Aj4 day of 2020, by and between Gate Woods Community Homes Association, Inc. ("Grantor"), a d the City of Riverside, Missouri, a municipal corporation, with its City Hall located at 2950 NW Vivion Road, Riverside, Missouri 64150 ("Grantee"). Grantor, in consideration of the sum Ten Dollars ($10.00) and other good and valuable consideration to them paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, convey, and confirm to Grantee, its successors and assigns, a permanent drainage easement (the "Permanent Easement") for the location, construction, reconstruction, maintenance, operation, repair and removal of storm water drainage control facilities and any and all related appurtenances and equipment incidental thereto (including fences) in, over, along, across, upon, through and under the lands hereinafter described, situated in Platte County, Missouri to wit: See Exhibit A. Grantee, its successors and assigns, shall have the right to perpetually survey and test ground conditions, to excavate, fill, regrade, construct, install, operate, maintain, repair, inspect, rebuild, remove and relocate within the Permanent Easement area, such drainage control facilities and all related appurtenances and equipment incidental thereto together with the right of access to and from such easement for its employees, agents, contractors, vehicles, materials and equipment. Grantee, its successors and assigns, shall have the right of ownership, use and control of all storm sewers, underground pipe, manholes, catch basins, concrete drainage ways, and all convenient appurtenances on the above described property that it may install. Grantor shall not use nor attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of said drainage facilities and specifically shall not build thereon or thereover any structure which may interfere with the maintenance and use thereof. Grantor further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to Grantee herein. This Grant and easement shall, at all times be deemed to be, and shall be, a continuing covenant running with the land and shall be binding upon Grantor, and its successors, assigns and legal representatives, as the case may be. In witness whereof, the parties have hereunto set their hands the day and year last above written. Boo,D k 1325 Pa.g e 93Z GRANTOR: GATE WOODS COMMUNITY HOMES ASSOCIATION, INC. f Brian Mertz President GRANTEE: CITY OF RIVERSIDE, MISSOURI By: Kathleen L. Rose Mayor ATTEST: 'Robin kinca cl, City clerk BoDco k 1325 P a.g e- '1933 STATE OF MISSOURI ) ss: COUNTY OF PLATTE ) BE IT REMEMBERED that on this aB-Yrday of Jo,nv,�,�� , 2020, before me, the undersigned, a Notary Public in and for the State and County aforesaid, came Brian Mertz, President of the Gate Woods Community Homes Association, Inc., who is personally known to me to be the same person who executed the foregoing instrument of writing as such official, and acknowledged the execution of the same to be the act of the Gate Woods Community Homes Association, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Plge, County the day and year last above written. lrNotary BECCAY NOBLE Public—Notary Seal \� unty—state of Missouri Printed Name:�e�pe.c cc,- y Ju 0U�2sion Number 13396786Notary Public in and for said State ssion Expires Apr 16,2421 Commissioned in ` )cA�e. County My Commission Expires: �� STATE OF MISSOURI ) ss: COUNTY OF PLATTE ) ON THIS day of rr�P-tCA4w, , 2020, before me, personally appeared the honorable Kathleen Rose,to me personally known,who being by me duly sworn, did say that she is the Mayor of the City of Riverside, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in �gCounty,the day and year last above written. (SEAL) ROBIN L.KINCAID G�; My Commission Expires e: L ' f *: NOTARY:,= March 8 2023 Printed Name: p, 1 ' =;�••.� = Clinton County Notary Public in and for said State " jP111, Commission#15390631 Commissioned in� j, Ion County i F _ j My Commission Expires: dA-VT gp� B-=),D k 1325 F'.-g a 933 Exhibit A Legal Description Tract C All that part of Tract C, Gatewoods Fourth Plat, a subdivision of land in Riverside, Platte County, Missouri, described as follows: Beginning at the Northeasterly corner of said Tract C; thence Southerly along the Easterly line of said Tract C, also being the Westerly Right-of-way line of NW Timberline Drive, along a curve to the Left, having an initial tangent bearing of South 13 degrees 15 minutes 49 seconds West, a radius of 550.00 feet an arc distance of 80.08 feet; thence continuing along said Right-of-way line Southwesterly along a reverse curve to the Right, having a radius of 9.00 feet an are distance of 13.19 feet, to the Southerly line of said Tract C, also being the Northerly Right-of-way line of said NW Timberline Drive; thence South 88 degrees 52 minutes 14 seconds West, along said line a distance of 87.90 feet; thence North 46 degrees 58 minutes 45 seconds West a distance of 20.00 feet, thence North 38 degrees 53 minutes 42 seconds East, a distance of 116.66 feet, to the Northerly line of said Tract C; thence South 73 degrees 00 minutes 59 seconds East, along said line, a distance of 53.00 feet to the Point of Beginning. and Tract D All that part of Tract D, Gatewoods Fourth Plat, a subdivision of land in Riverside, Platte County, Missouri, described as follows: Beginning at the Southwesterly corner of said Tract D; thence Northerly along the Westerly line of said Tract D, also being the Easterly Right-of-way line of Timberline Drive, along a curve to the Right, having an initial tangent bearing of North 01 degrees 24 minutes 59 seconds West, a radius of 500.00 feet, an arc distance of 121.38 feet to the Northwesterly corner of said Tract D; thence South 71 degrees 02 minutes 11 seconds East, along the Northerly line of said Tract D, a distance of 66.00 feet; thence South 02 degrees 16 minutes 50 seconds East, a distance of 97.24 feet to the Southerly line of said Tract D; thence South 88 degrees 35 minutes 39 seconds West, along the Southerly line of said Tract D, a distance of 78.00 feet, to the Point of Beginning.