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HomeMy WebLinkAbout2006-148 - Acquisition of Land from T. and P. Rhodes for West Platte Bridge/Cliffview Drive Project'.. .,,: , .,!~;~i 2006 NOV 11P~gZ~~09 rr",ECORDED i:~~Y_.L-'.-PG.8s2 IOA COX. PLATTE CO. RECORDER fie. Q~ ~ 019'34 PLATTE COUNTY MISSOURI CERTIFICATION RECORDER OF DEEDS The Recorder of Deeds has added this page to your document per compliance with State law under Eaemat Status RSMo 59.310.4 (effective January 1, 2002) ,~ 1 ~J #Pgs. 1 C ~ -$ /~ ,$17.25 EXEMPT DOCUMENT This Page Is Part Of Document-Do Not Detach Itev. 9-1-03 O lD W -v ~, N n~~-.. ~1~ ~r ; a~.(s; ~- i ... .. n t. T l,. - ~ ,- -'' ~~ Title of Document: Date of Document: Grantor: Grantee: Address: Legal Description: Temporary Construc Bill No. 2006-148 Ordinance No. 2006-148 AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL ASSOCIATED APPURTENANCES AND IMPROVEMENTS BY EXERCISE OF ITS POWER OF EMINENT DOMAIN FROM TIMOTHY F. AND PATRICIA RHODES FOR WEST PLATTE BRIDGE / CLIFFVIEW DRIVE PUBLIC IMPROVEMENT PROJECT WHEREAS, the City of Riverside (the "City") is authorized by Missouri statute to acquire, through purchase, eminent domain or other methods, private property for public use for the purpose of improving a public road; and WHEREAS, the City desires to so acquire the Right-of--Way and Temporary Construction Easements described at Exhibit A (the "Property', across the property commonly known as 3000 NW Vivion, for the purpose of making improvements to a public road; and WHEREAS, the City made agood-faith offer to purchase the Property for $30,000.00, together with driveway improvements described in Exhibit A; and WHEREAS, the owner of record of the Property accepted the City's good-faith offer; and WHEREAS, the City desires to acquire the Property; NOW, THEREFORE, BE TT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of improving a public road by obtaining the Property, which Property is thereby to be put to a vital and necessary public use and purpose. Section 2. The City made a final offer in the amount of $30,000.00 to acquire the Property by negotiation. Ordinance No.2006-148 November 7, 2006 Timothy F. and Patricia Rhodes The City of Riverside 2950 NW Vivion Road, Riverside, Missouri 64150 Right-of--Way Deed Set forth on page 4 and 5 and :tion Easement Exhibit A to B-11 (Pages 1-5) cer O . tD W. ,-o c~ Q~ C11~ N Y n ~, j Section 3. The owner of the Property has accepted the City's final good-faith offer to acquire the Property. Section 4. The acquisition of the Property through the City's power of eminent domain is authorized and approved pursuant to the authority vested in the City by and under the Constitutions, laws, ordinances, rules and regulations of the City, the State of Missouri and of the United States of America, including, without limitation, RSMo. §88.667 and Missouri Rules of Civil Procedure, Rule 86. Section 5. 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 Ordinance 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, and to pay the purchase price of $30,000.00 to the owner and complete the work authorized under Exhibit A. Section 6. This Ordinance shall be in full force and effect from and after its passage and approval. ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, and approved by the Mayor of Riverside, this ~~- day of November, 2006. _~ Mayor Kathleen L. rose i. ., ~ 1, T ,~~ ~: ~~~ ~W. ,~. c~ O tJ7 {V . ~jOP~ ' ~/ EXEIIBTT A REAL ESTATE AGREEMENT THIS AGREEMENT, is made as of the Effective Date (defined below), between the City of Riverside, Missouri having an address of 2950 N.W. Vivion Road, Riverside, Missouri 64150 ("city") and Timothy F. and Patricia M. Rhoades, having an address of 3000 NW Vivion ("Seller"). RECITALS A. The City is a duly and validly created Fourth Class City under the laws of Missouri. B. The City is engaged in the reconstruction and improvement of Cliffview Road and the construction of West Platte Bridge (collectively, the "Projects:'). C. It is anticipated that the Property (defined below) will be needed for the construction of Projects. AGREEMENT Section 1. The Properly. For the price and upon and subject to the terms, conditions and provisions herein, Seller shall sell and convey to the City and the City shall purchase from Seller, the following right, title and interest of Seller in the property, a legal description of which is set forth on the attached Exhibit A: a. Right-of-Way Conveyance for Permanent Right of Way, as further described on the attached Exhibit B-I; b. Right-of--Way Conveyance for Temporary Work Area Easement, as further described on the attached Exhibit B=II (collectively, the "Properly"). Section 2. Subiect Clauses. The City agrees to take title to the Property subject to existing easements for public roads and highways. The City reserves the right to relocate any other utilities, railroads or pipelines either within the existing easements, or the utility relocation easement acquired by City, or within other easements in favor of City. The amount being paid hereunder shall be for the interests taken in the Property, whether fee, easement, license, or other interest. Section 3. Purchase Price. a. The purchase price ("Purchase Price") to be paid by the City to Seller is Thirty Thousand and No\100 Dollars ($30,000.00), payable in cash at Closing (defined below). b. Additional Consideration. As additional consideration for the Property, the City shall relocate Seller's presently existing driveway to align with Cliffview Road as indicated in Exhibit C (the "Realignment'. The Realignment will be performed at City expense as part of the West Platte Bridge Project. Seller agrees to provide all temporary construction easements necessary for the Realignment at no additional cost to the City. Seller acknowledges that certain temporary grading will be required on Seller's property to allow for completion of the Cliffview Road Project prior to the Realignment, and consents to this grading. Upon completion of the Realignment, the driveway shall be the property of Seller, and the City shall have no further obligation for maintenance. Section 4. Taws and Assessments. Seller shall pay all taxes, general and special, and all special assessments, against the Property which have accrued and are a lien on the Property ("Taxes") and can be paid at the date of closing and the City shall assume all of such taxes and assessments, and installments of unpaid special assessments (exclusive of rebates and penalties) becoming due and accruing thereafter, except that such taxes payable during the calendar year in which the deed is delivered shall be prorated between Seller and the City on the basis of said calendar year, as of the date of delivery to the City of the deed. If the amount of any such tax or assessment to be prorated cannot then be ascertained, proration shall be computed on the amount thereof for the preceding year. Section 5. Inspections and Tests by Citv_. At any time and from time to time during the term of this Agreement, the City and its agents, employees, contractors, and representatives, shall have the right, privilege, and license to enter upon the Properly for the purpose of making any and all tests, inspections, investigations, feasibility studies, surveys, soil test borings, etc., of any kind or nature which the City, in the City's sole discretion, desires, including without limitation: (i) tests with respect to the conditions of the soil; (ii) feasibility studies; (iii) verification of information requested by the United States Army Corps of Engineers ("Corps"); (iv) the nature and extent of all restrictions and/or requirements imposed by any federal, state, county, or City building departments, highway departments or other governmental agencies, including without limitation environmental laws, rules, and regulations and all costs of complying with any of the foregoing; and (vi) physical inspection of the site and approval thereof. All such tests, inspections, investigations, feasibility studies, surveys, etc. shall be done at the City's sole cost and expense. Such tests, inspections, investigations, feasibility studies, surveys, etc., include, but shall not be limited to the right to drill test holes, dig test pits, and to obtain core samples. Section 6. Conditions Precedent to Citv's Obligation To Close. a. Notwithstanding anything in this Agreement to the contrary, City's obligation to complete Closing under this Agreement is contingent upon the following conditions: (1) Title Work: Receipt of the survey of the Property and completion of title work with respect to the Property, acceptable to the City in its reasonable discretion. City shall bear all expense for both the preparation of the Title Commitment and the owner's title policy to be issued thereunder. (2) Counsel's Satisfaction: The form and substance of all certificates and documents to be delivered by Seller shall be reasonably satisfactory in all respects to counsel for the City. P.\CommunityDewlopmenflWastPlmtaBridge\PmPatYAcgwetioa\TaxCmber(TimRho~es)1RealFsmteAgivemmtodobar24,2006.doo 2 t .. ¶ 1, T i (3) Representations and Warranties True at Closine: The representations and warranties of Seller contained in this Agreement and all other Closing documents shall be true on and as of the settlement date with the same effect as though such representations and warranties had been made on and as of such date, and there shall be no breach of any said representations or warranties. ,® Section 7. Closing Date. The closing shall take place within ~~/~)- days a$er the Effective Date, or such other date as the parties shall agree upon in writing (the "Closing" or "Closing Date"); Section 8 Seller's Warranties and Representations. As a material inducement to cause the City to enter into this Agreement and Seller represents to the City that: a. Authori Seller has the authority and power and has obtained any and all consents required therefore to enter into this Agreement and to consummate and/or cause to be consummated the transactions provided for by this Agreement. Each and every person signing this Agreement and all related documents on behalf of Seller is authorized to do so. This Agreement has been and all documents to be executed by Seller pursuant to this Agreement will be, authorized and properly executed and does and will constitute the valid and binding obligations of Seller, fully enforceable against Seller in accordance with their respective terms. b. O anization. Seller is ~)l duly organized and existing in good standing under the laws of Missouri and has the power to own and convey title to its properties and assets and to carry on its business as now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the nature of its business makes such qualification necessary; or ~ 1 an individual(s) with the power and authority to own and convey title to property and assets; or (_)1 the trustee(s) of a validly created trust with the power and authority to own and convey title to property and assets. c. Title. Seller has good and marketable fee title to the Property. The Property shall at Closing include without limitation all right, title and interest, if any, of Seller and any affiliate of Seller in and to any land lying in the bed of any street, road, highway, or avenue, open or proposed, in front of or adjoining all or any part of the Property and all strips, gores, or rights-of--way, lakebeds, streams, riparian rights, and easements, in front of or adjoining all or any part of the Property as set forth on the attached Exhibits B. d. No Encumbrances. The Property will be free of any and all encumbrances and liabilities as of the Closing Date. e. Co 'ct. Conc,~*nmahon of such transaction will not breach Seller's partnership agreement, shareholders' agreement, corporate charter, by-laws, etc, or any other agreement or document to which either Seller or the Property is bound. There is no agreement to which Seller is a party or, to Seller's knowledge, binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller's knowledge, threatened against or relating 1Check one. P:\CommmilyDewlop~mflWestPlalDeBridBe~P~Y~\TaxCenter(15mRhoadea)~ReelEsmteAgieementoc[oba24,2006.doo 3 ~, .. ¶ ,~, T ,, to the Property or which challenges or impairs Seller's ability to execute or perform its obligations under this Agreement. f: Compliance With Laws. All of the Property and the existing uses of the Properly, are ~ compliance with all applicable laws, ordinances, rules, regulations and requirements of all governmental authorities having jurisdiction thereof, including, without limitation thereto, those pertaining to zoning subdivision, building, housing, safety, fire and health. g. Withholding Obligation. Seller's sale of the Properly is not subject to any federal, state or local withholding obligation of the City under the tax laws applicable to Seller or the Properly. h. Environmental. Seller has no laiowledge of any violation of Environmental Laws related to the Property or the presence or release of Hazardous Materials on or from the Property. The term "Environmental Laws" includes without limitation the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") and other federal laws governing the environment as in effect on the date of this Agreement together with their implementing regulations and guidelines as of the date of this Agreement, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" includes petroleum as defined in CERCLA and any substance, material waste, pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law. Section 9. Closing Documents. a. On or prior to the Determination Date, Seller shall deliver to the Title Company the following: (i) Seller's Right-of-Way Conveyance documents; and (ii) Any and all necessary corporate or other organizational documents approving and authorizing the transactions contemplated herein, evidence of existence, organization, and authority of Seller and the authority of the person executing documents on behalf of Seller, all reasonably satisfactory to the City and the Title Company; and (iii) An affidavit in customary form, if required by the Title Company, for the deletion of the general printed exceptions for mechanic's liens and parties in possession; and (iv) The latest paid real estate and personal property tax bills or receipts evidencing payment thereof; and P:~Commmiernevetopment~wa~rl~es~age~rro~Arn«prof;on~xaxc~(15mRho~~uteelFamrongrecm~to~oba7a,2oo6.ax 4 i .. ¶ 1, T i (v) A Foreign Investment in Real Property Tax Act certificate executed by Seller (if Seller fails to provide the necessary affidavit and/or documentation of exemption on the Closing Date, the City may proceed with withholding provisions as provided by law); and (vi) Any other documents reasonably necessary to consummate the transaction as contemplated herein, including any required by the Title Company. Section 10. Brokers Commissions. The parties acknowledge and represent that no entity is entitled to a commission, finder's fee or other like compensation arising in any manner from this Agreement. Each party agrees to defend, protect, indemnify and hold the other party harmless from and against any claim for commission or finder's fee by any person or party who alleges that it was engaged or retained by such party, or that, at the request of such party, it was the procuring cause or instrumental in consummating this Agreement. Section 11. Delivery of Possession. Seller represents that the Property (~ )2 has no tenants or other persons in possession; or ~)2 has the following tenants or other persons in possession: Seller will, prior to closing, remove its property and quit the premises. Seller covenants that Seller will ensure that all tenants and other persons in possession shall remove their property and quit the premises by that certain date selected by the City which date may be the Closing Date or any date thereafter as long as the City provides Seller with at least fifteen (1 S) days prior written notice of such date. Section 12. Mercer. It is understood and agreed that all understandings and agreements heretofore made between the parties with respect to the Property are merged into this Agreement which alone fully and completely expresses their agreement; that the same is entered into after full investigation; and that neither party is relying upon any statement or representations not embodied in this Agreement made by the other. This Agreement may not be changed orally and all of the stipulations contained in this Agreement are to apply to and bind the successors and assigns of the respective parties. Section 13. Time of Essence. Time is of the essence of this transaction. Section 14. Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller to the City at Closing, Seller agrees to perform, execute and deliver, but without any obligation to incur any additional liability or expense, on or after the Closing any further deliveries and assurances as may be reasonably necessary to consummate the transactions contemplated hereby or to further perfect the conveyance, transfer and assignment of the Property to the City. Section 15. Survival. All obligations of Seller which by their nature involve performance in any particular after the Closing Date, or which cannot be ascertained to have been fully performed until after the Closing Date, shall survive the Closing Date. 2Check one P.\CommmityDewlopmeMlWeetPlstOoHndBe\PmpectYAa~uiafloa\TaxCmta(TimRlaedea)\RealFamtaAgroementOctoba24,2006.doo 5 ?. .. ¶ ,~. t ,, Section 16. Successors. This Agreement shall inure to the benefit of and bind the parties and their respective successors and assigns. Section 17. Headings. The headings in this instrument have been inserted for convenience of reference only and shall in no way modify or restrict any provision hereof, or be used to construe any of such provisions. Section 18. Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce against the other party the same or any other such term or provision. Section 19. Governing Law. This Agreement shall be governed by the laws of Missouri without regard to its conflict of laws statute. Section 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one and the same Agreement. To facilitate execution of this Agreement, the parties may execute and exchange by telephone facsimile counterparts of the signature pages. Section 21. Entire Agreement. This Agreement contains the entire agreement between Seller and the City, and there are no other terms, conditions, promises, undertakings, statements or representations, express or implied, concerning the sale contemplated hereunder. Section 22. Effective Date. The Effective Date of this Contract shall be the latest date upon which any party to this Agreement executes this Agreement; provided, however to become effective, this Agreement must be executed by the Seller and delivered to the City within 10 days of the City's execution of this Agreement, unless such date is extended by the City in writing. NOW, THEREFORE, tl~e parties execute this Agreement the date set forth below next to each parties respective signature. CITY CITY OF RIVERSIDE, O Date• / ~ By: ~ ~~ v. ;~ L ~ ~ d ~ ~ ~ue~1 r:~~~n~~m~w~r~s~u~a,~,ern~T~c~trmxn~~u~~mroaoa~za,sooe.a~ 6 Name• Title: A S. ty Clerk SELLER ~~ T .~~ Date: I N ~ ~m0~r~ -F , IZ~ C.o~~BS • , Name: Ir'lL~ P.~CommmityDevelo~mtlWentPLitaBrid6a~P~Y\TaaCmEer(TimRhoedea)1RealHslateAgeemmtOdobu7A.2006.doc 7 • ~, ' RF.C'ORD INFORMATION CERTIFICATE 4' l<.EGAL DESCRIPTION OF PROPERTY: A tract of land in the Southwest Quarter of Section 4, Township 50, Range 33, Riverside, Platte County, Missouri, being ,ore particularly described as follows: Beginning at a point on the North line of the Southwest Quarter of Section 4, Township 50, Range 33, said point being 1240.88 feet East of the Northwest corner of said Southwest Quarter; thence Southerly along the East line of Tract E, Cliff Manor, a subdivision of land in Platte County, Missouri, according to the recorded plat thereof, 226.00 feet; thence deflecting 90 degrees to the left a distance of 52.00 feet; thence deflecting 90 degrees to the left a distance of 50.00 feet; thence Easterly parallel to the North line of said Southwest Quarter, 148.00 feet; thence deflecting 90 degrees to the left a distance of 103.55 feet; thence deflecting 90 degrees to the right parallel to said north line of the Southwest Quarter, 267.60 feet to a point on the Northwesterly right of way line of U. S. Highway No. 69, as now established, said point also being 85.00 feet Southwesterly of the intersection of said Northwesterly right of way line and the North line of said Southwest Quarter; thence Northeasterly along said Northwesterly right of way line, 85.00 feet to said north line; thence West along said north line, 495.57 feet to the point of beginning; siibj ect to that part on the North being used for road purposes. Exhibit A i. ,.. ¶ t. _. .~ ~, RIGHT OF WAY DEED THIS AGREEMENT, made this ~5~- day of /1~o~e Mbc2 2006 by and between Timothy F. an Patricia Rhoades, whose address is 3db O a w t/; /; o n ~c~ ~iy e Qs; car, /Y)0 (P y lS D 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 _ `~.3q Dp0 Dollars ($ 3 D,r~Oo..) 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 use of conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, cables on, over, along, across, and under the described lots, tracts, or parcels of land lying, being and situated in Platte County, Missouri, to-wit: 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. IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as practicable to its original condition, after the construction works, or any subsequent maintenance or repair operations. Grantee further agrees to restore driveways to as nearly the same conditions as existed prior to construction of the improvements herein described and to grade and seed or sod lawn areas. Grantee, its successors and assigns, acknowledges that Grantor has been fully compensated for all trees located within the property legally described above. Grantor, its successors and assigns, shall not receive further compensation for trees located within the property legally described above. 2 ~. ,. ¶ .i, Exhibit B-I T a,. `~°c: •O' .W ,~. .~: O ' ~• CP1 N 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. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this ST day of ~tl n ~ e hn b e ~- , 2006. GRANTOR: r Name: ~i'm0 Y~~l t` ~ l~~l.~G< <°S ,~ Individuals STATE OF ) ss. COUNTY OF )~ On of in the year 200 before me, ' and for said State, personally known to me to be the an acknowledged to me that they a appeare and persons who exec ted a within Right of W~ executed the same for the' purposes therein stated. WrrriESS WxEx~OF, I have hereunto set my hand and affixed my official seal in the and State aforesaid, the day and year st abo/nve written. f rinted Name) /~li ~ ~~/~~ J Notary Pu c My nimission Expires: OUISE F. R V 'I NOTARY PUBLIC -NOTARY SEA! State of Missouri Platte County AAy Connrtrisston Expires Alin 28.2009 Commission,t051iri 53 3 T i.. :~~ • O t>D ;~. ,~: C7 . CA C.61 tV Date /Parcel No: March 26, 2006 / 23-2.0-04-300-002-001-000 (Tract 47) City /County: Riverside /Platte Section: Southwest Quarter of Section 4, Township 50 North, Range 33 West General Area: Southwest Quadrant of Vivion Road and Cliff View Drive Specific Purpose: Permanent Right-of--Way, Timothy F. And Patricia M. Rhoades A tract of land in the Southwest Quarter of Section 4, Township 50 North, Range 33 West in the City of Riverside, Platte County, Missouri, more particularly described as follows: Beginning at the intersection of the South right-of--way line of Cliff View Drive with the Northwesterlyright-of-way line of Vivion Road (also known as Missouri State Highway Route No. 69), as said Drive and Road are now both established, said point being 30 feet South of the North line of the Southwest Quarter of said Section 4, as measured perpendicular to the North line thereof; thence South 27 degrees 44 minutes 32 seconds West along said Northwesterly right-of-way line, a distance of 51.27 feet, more or less, to a point 85 feet South of the North line of the Southwest Quarter of said Section 4, as measured along said Northwesterlyright-of--way line; thence North 89 degrees 26 minutes 24 seconds West along a line parallel with the North line of the Southwest Quarter of said Section 4, a distance of 106.92 feet; thence Northwesterly along a curve to the right, not tangent to the last described course, having an initial tangent bearing of North 74 degrees 41 minutes 07 seconds West, a radius of 275 feet and a central angle of 11 degrees 23 minutes 40 seconds, an arc length of 54.69 feet; thence North 63 degrees 17 minutes 27 seconds West, tangent to the last described curve, a distance of 11.36 feet; thence Northwesterly along a curve to the left, tangent to the last described course, having a radius of 225 feet and a central angle of 19 degrees 30 minutes 39 seconds, an arc length of 76.62 feet to a point on the South right-of-way line of said Cliff View Drive, said point being 30 feet South of the North line of the Southwest Quarter of said Section 4, as measured perpendicular to the North line thereof; thence South 89 degrees 26 minutes 24 seconds East along the South right-of-way Line of said Cliff View Drive, not tangent to the last described curve, being also along a line 30 feet South of and parallel with the North line of the Southwest Quarter of said Section 4, a distance of 264.85 feet to the Point of Beginning. Containing 8,171 square feet or 0.188 acres, more or less. S:\Dwgs\105594\Descriptions\Taact 47-PROW.wpd Exhibit A to Exhibit B-I Page 1 '~ ~, • O ,-Wv. .~~ ~o~ ao CJ1 N i' H h ~~ ~i yam, ,i.~ ~~ ~~ ~, ~~ ~~ f ~~ N o~ ~i~ -i '`Os~~ ~•~~~ °~ ~ ~'o'~ ~ °I ~ a ro ~ a~ I ~ 1 ~I ~~ ~ ' '~ ~ .~ . ,~o ~~~ ~a ~ o. I ~ ~, a ~ w I ~ e Ii ~ 1 ~ i I w t0 I ~..~~. ._ ~l~.. .t~_ !/ i .. ¶ ~ T, U U2 a LS '~80 ~ o ~' .. ~~ ~~ .. ~ ~ ~ \ Exhibit A to Exhibit B-I Pace 2 ~q . ~~ ~~ 'o. b ' ~' .~~,. .~~ a~i 0 0 . a 3 '~ o I ~a a W ~ ~ ii. ~~ ~~ ,, TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made this /ST day of N d ~ P m b c ~2 , 2006, by and between: Timothy F. and Patricia Rhoades whose address is 3oDO A1W J ~ ~ ~ 0 -~ ,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 Thirty Thousand Dollars ($30,000.00) 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 confuln unto Grantee, its successors and assigns, a temporary easement and right of way, for a period not to exceed one (1) year after completion of the Cliffview Road and West Platte Bridge Projects, over, along, across, and under the described lots, tracts, or parcels of land lying, being and situated in Platte County, Missouri, described in Exhibit A attached hereto and incorporated herein, including the right, privilege and easement, to survey, construct, operate, patrol, inspect, maintain, alter, repair, rebuild and remove, on, under and over the easement described herein, now or at any future time, for the construction, improvement, reconshuction and maintenance of a street, roadway or thoroughfare. The easement granted herein includes the right to move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the street improvements, including the right to trim, cut, fell and remove therefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the easement, together with the right to remove or relocate conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, or cables; reserving, however, to Grantor, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement herein acquired. GRANTOR further states that it is lawfully seized of title to the land through which the easement is granted and that is has good and lawful right to convey the easement to the Grantee herein. IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as practicable to its original condition, after the construction works, or any subsequent maintenance or repair operations. Grantee further agrees to restore driveways to as nearly the same conditions as existed prior to construction of the improvements herein described and to grade and seed or sod lawn areas. Exhibit B-II ~~: ~. O 'W ,~. ~~ .©. CD CI1~ F~ ,~ 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 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. IN wTINESS WHEREOF, the said Grantor has hereunto set its hand this S* day of A~oveMbe~ ,2006. GRANTOR: r Name: T. rv\ T'~ /` PS Name: 1~Q, ~r ~ c.~.ci. /~ . '~ bCtil - S Individuals i STATE OF ~ ) ss. COUNTY OF ,~ ) On ~ tl~ day, ~ of in the year 200 before me, f' ~ ~ a ,tart' b ' d or said State, personally aPP ,sand known to me to be the persons w o execu d th within Right of way Deed, an acknowledged to me that they executed the same for the purposes therein stated. wrrtvESS w~x~OF, I have hereunto set my hand and affixed my official seal in the and State aforesaid, the day and year f rst above ~ tten,,~ A My o 'ssion Expires: (Printed Name) Notary NOTARYPUBIIC -NOT ~ &ofe of M My C.anNpton Expkas l~ua 28.2009 Commfulon 105484753 B:\Comm~mity n~t~mam\wes[Plette Biidge\Propmty noa\T~ c~ ~r~ xnoaa~)\T~po~y consm~~aoa B~~caoo /G'.~ 2 ~o . W ,~. .~. 00, CJ'1 N ,~ C tD w ~-o c~ O t17 fV i. .. ,. ¶ 1' t o. Date / Parcel No: March 26, 2006 / 23-2.0-04-300-002-001-000 (Tract 47) City /County: Riverside /Platte Section: Southwest Quarter of Section 4, Township.50 North, Range 33 West General Area: .Southwest Quadrant of Vivion Road and Cliff View Drive Specific Purpose: Temporary Construction Easement, Timothy F. And Patricia M. Rhoades A tract of land in the Southwest Quarter of Section 4, Township 50 North, Range 33 Westin the City of Riverside, Platte County, Missouri, more particularly described as follows: Beginning at the intersection of the South right-of-way line of Cliff View Drive with the Northwesterlyright-of-way line of Vivion Road (also known as Missouri State Highway Route No. 69), as said Drive and Road are now both established, said point being 30 feet South of the North line of the Southwest Quarter of said Section 4, as measured perpendicular to the North line thereof; thence South 27 degrees 44 minutes 32 seconds West along said Northwesterly right-of--way line, a distance of 51.27 feet, more or less, to a point 85 feet South of the North line of the Southwest Quarter of said Section 4, as measured along said Northwesterlyright-of--way line; thence North 89 degrees 26 minutes 24 seconds West along a line parallel with the North line of the Southwest Quarter of said Section 4, a distance of 152.56 feet; thence Northwesterly along a curve to the right, not tangent to the last described course, having an initial tangent bearing of North 65 degrees 55 minutes 57 seconds West, a radius of 290 feet and a central angle of 02 degrees 38 minutes 30 seconds, an arc length of 13.37 feet; thence Nortli 63 degrees 17 minutes 27 seconds West, tangent to the last described curve, a distance of 11.36 feet; thence Northwesterly along a curve to the left, tangent to the last described course, having a radius of 210 feet and a central angle of 19 degrees 30 minutes 39 seconds, an arc length of 71.51 feet; thence North 82 degrees 48 minutes 06 seconds West, tangent to the last described curve, a distance of 15.00 feet; thence North 07 degrees 11 minutes 54 seconds East, perpendicular to the last described course, a distance of 13.25 feet to a point on the South right-of--way line of said Cliff View Drive, said point being 30 feet South of the North line of the Southwest Quarter of said Section 4, as measured perpendicular to the North line thereof; thence South 89 degrees 26 minutes 24 seconds East along the South right-of-way line of said Cliff View Drive, being also along a line 30 feet South of and parallel with the North line of the Southwest Quarter of said Section 4, a distance of 2'79.95 feet to the Point of Beginning. EXCEPT: A tract of land in the Southwest Quarter of Section 4, Township 50 North, Range 33 West in the City of Riverside, Platte County, Missouri, more particularly described as follows: Beginning at the intersection of the South right-of-way line of Cliff View Drive with the Northwesterlyright-of--way line of Vivion Road (also known as Missouri State Highway Route No. 69), as said Drive and Road are now both established, said point being 30 feet South of the North line of the Southwest Quarter of said Section 4, as measured perpendicular to the North line thereof; thence South 27 degrees 44 minutes 32 seconds West along said Northwesterly right-of-way line, a distance of 51.27 feet, more or less, to a point 85 feet South of the North line S:\Dwgs\105594\Descriptions\Tract47-TCE.wpd Exhibit A t0 Exhlblt B-II Page 1 ~~: O GO -© c~. o• Gil . fV i ,. ¶ T. of the Southwest Quarter of said Section 4, as measured along said Northwesterlyright-of--way line; thence North 89 degrees 26 minutes 24 seconds West along a line parallel with the North line of the Southwest Quarter of said Section 4, a distance of 106.92 feet; thence Northwesterly along a curve to the right, not tangent to the last described course, having an initial tangent bearing of North 74 degrees 41 minutes 07 seconds West, a radius of 275 feet and a central angle of 11 degrees 23 minutes 40 seconds, an arc length of 54.69 feet; thence North 63 degrees 17 minutes 27 seconds West, tangent to the last described curve, a distance of 11.36 feet; thence Northwesterly along a curve to the left, tangent to the last described course, having a radius of 225 feet and a central angle of 19 degrees 30 minutes 39 seconds, an arc length of 76.62 feet to a point on the South right-of--way line of said Cliff View Drive, said point being 30 feet South of the North line of the Southwest Quarter of said Section 4, as measured perpendicular to the North line thereof; thence South 89 degrees 26 minutes 24 seconds East along the South right-of-way line of said Cliff View Drive, not tangent to the last described curve, being also along a line 30 feet South of and parallel with the North line of the Southwest Quarter of said Section 4, a distance of 264.85 feet to the Point of Beginning. Containing a net area of 1,980 square feet, more or less. S:\Dwgs\105594\Descriptions\Tract 47-TCE.wpd Exhibit A to Exhibit B-I I Page 2 ~~: • O ca W ~~. ,~. O N i J ~-y O `~` ~ „Q ~~ ~~ ~w ~hJ Q.~ ~co9~PCOSSz I ~o ~~ -; ~''° ~ ~ ~~~o ~ I ~~ ~ ~ ~ ~z~~z t~ ~ ~ alp ~ •~ ~~ s w ~~ ~ ~ ~ ~ ~ °~ ~ ~ z ~ ~ ~ ~ ~ ~~~~ ~ / ~~ ~ A ; fi ' n ~~ a I~ O p e 0~ N ~ ~ ~ ~ N I ~~ 1 I 0 I.0£ ~_. I 1 i i N aW .~ 2 j~ 2 1 3 ~~ v ~ A~ +ro ~~°~rr ~$Mo~~ r3NN? ~~~~ 2 ~v4 Exhibit A to Exhibit B-II Page 3 ~~ ~~ ~A ~~ ~^ ~3 "a `' M Y.i I H' O~ Ltl ~ ~i C O ~~ yi UL ,O ~~ V ~a ~• ~~ ~ O L~ ti O~ ~~ i ¶ 1, T ~, . , Temporary Construction Easement Exhibit for Cliff Yie ~ Drive Pont of Commenclno NW Cor., SWI/4 Sec. 4-50-33 Polnt of Be~QQ(Q,~ N. une, swt/4, _ _ _ Sea 4-50-33 ~/-1239.'40pE - - - - - `iJJll ~B1P D1'1iF19 __~ soo:33••11!'w _ S89°26'12"E 216.70' ------------ 30.00 ~ ~ , ~ N89~6'12'"W 217.62' 49D4'48"E 15.03' 7Tmothy F. d! PatrTcio M. Rhoades ~~ .uD . W ~-v .~ O CJ7 4`~ Note: Bearings are based on the North ilne of the Southwest f/4, Sea 4-50-33. Assumed as being S8976'12'E Note: No trees 2' and above In d/ometer sho// be ~+ ~ ~ ~ disturbed during construction. ~'% . ~~a~~"""""'~~~,,~C~ ~~`~ GRAPHIC SCALE J HNNY Owner. Tlmoth F. ~@ Pab9cla M. Rhoades P l Bk 80~ P 502 ' '- arce : . g. eo o .w eo Lot Slze: •20 001 : m ~ 55,939f ~f. Acres-, 353f ~ ~ =- ,c~•~ • l `L~ ~: . Temporory Consfructlon Eosement (IN FEET) $257f s f , , p ''~~F'"'~~u~~~~u~~~"`~`~,'~`~~•~• ~ ~' S . ~ ~ ~ . . . Acres-0.075f 1 inch = 80 it. ~ , D L1p~~++,~~ '~~i DATE REVISION BY drawn by. JaS surveyed by DS '~•~ . ~ o ~ssaN checked by. DS - Exhibit A to Exhibit B-II approved by. DS Page 4 ASSOCIATE S project no.: 2005-0453 z+zr~wn,~ewwosyoms m e,e.ae,ern file name' Exhbt-f.dwg rw..aaMOea,eae~ea Fnx emae,.,eee ~w.n~.oo~ S00°33 48 W `15.00' i ... .. „ ¶ 1. T o„ - --~--- - ~. Temporary Construction Easement Exhibit for Cliff View Drive Temporary .Consts~uction Easement All that part of Southwest Quarter of Section 4, Township 50 North, Range 33 West, In the City of Riverside, P/otte County, Missouri, more particularly described as follows: COMMENC/NG at the Northwest corner of the Southwest Quarter of Section 4, Township 50 North, Range 33 West; thence South 89 degrees 26 minutes 12 seconds East along the North line of the Southwest Quarter of said Section 4, a distance of 1239.40 feet to a point; thence South 00 degrees 33 minutes 48 seconds West a distance of 30.00 feet to o point. on the Southerly right of way line of Cliff mew Drive, the PO/NT OF BEGINN/NG; thence South 89 degrees 26 minutes 12 seconds East along the Southerly right of way line-of said Cliff mew Drive a distance of 216.70 feet to a point; thence South 00 degrees 33 minutes 48 seconds' West a distance of 15.00 feet to a point; thence North 89 degrees 26 minutes 12 seconds West a distance of 217.62 feet to a point; thence North 04 degrees 04 minutes 48 seconds East a distance of 15.03 feet to the POINT OF BEGINNING. ~ ~' Containing 3,257 Square Feet, or 0.075 Acres, more or less. . Q ~D .w ~; o .~ c7 OD c Note: Bearings are based on the North line of the Southwest 1/4, Sec. 4-50-33. Assumed os being 589'26'12"E `~~~~~`~pp "'~a,,~ Note: No trees 2" and above in diameter shall be disturbed ,o ~• ••,,- ~ ' during construction. Y L - -' S- 1001 _€a_ Owner: Timothy F. & Patricia M. Rhoades ~o~nc' .,, ~ ~ ~~ -, ~ '-- ~ 2 ~'~~: Parcel: Bk.805, Pg.502 '~, Fa "~ ~~~~~~~" '~ ~,Y',.~~ ,. DATE REVISION BY drawn by. JaS surveyed by. DS ~~~/~O LSSO N checked by. DS Exhibit A to Exhibit B-I I approved by. DS Page 5 ASSOCIATE S project no.: 2005-04,tis z~zr~onnwacaan.vo.ynnw •r¢ e~e.aetnn file name' Exhbt-fdwg -- -- -- - - - - .. _ w~.wa~.ioea~saa~eo Fnx e+e.ae~.~eee www.oaoaw,n6p.can i. ,. .. ~, i< ,~, _. T '' r I ~ I p~ I p I ~~ I pl I I pl I I ~~ ~ I ~I I 1 I/ i I _ ~/ 1 I ~~ I I I I I I ~ 1 I i ~- d I \ I I ~~ 1 I I I \~ I ~ I ~~.~ I I ~ I I I , I 1 I I I I I I i I a i I ~~ ~~ p p I n I -y-i ~~ I Ih,,.~ I I ~ I I ~ I I I s I I ~- ( f I r I I 1 I I I ~ I I I I I I I j I i. ... ¶ >>T~~~~T~<< I I JI ~~ ~ ~~ Ll_~~~~_1J~ II II II II II oss~34 u a p~NP'Wd SA~6E=T 900Z/ST/8'~P')ISO60T\O60T 90819M~\~2 Exhibit C T, - T ~„