The URL can be used to link to this page

Home My WebLink AboutR-2021-006 Permanent Drainage Easement from ALM Kansas City, LLC RESOLUTION NO. R-2021-006 A RESOLUTION ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM ALM KANSAS CITY, LLC. 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 ALM Kansas City, LLC 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 O , 2021, BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSID ISSOURI APPROVED: Ma r Kathleen L. Ro e ATTEST: City Clerk Robin Kincaid Recorded in Platte County, Missouri Recording Daterrime:01/19/2021 at 03:51:23 PM Instr Number: 2021001202 ,,,QEA OF Book: 1348 Page: 566 Q: N Type: DE ESMT Pages:7 Fee: $42.00 S =Fc ' TTV'4\s �UN , ,P Gloria Boyer Electronically Recorded Recorder of Deeds Recording Cover Sheet Prepared and Submitted By: Polsinelli PC 100 South Fourth Street, Suite 1000 St. Louis, MO 63102 Title of Document: Permanent Drainage Easement Date of Document: January 5, 2021 Grantor: ALM Kansas City, LLC c/o USAA Real Estate Company 9830 Colonnade Blvd., Suite 600 San Antonio, TX 98230-2239 Grantee: City of Riverside 2900 NW Vivion Rd Riverside, MO 64150 Legal Description: See Exhibit A. After recording,please return to: City of Riverside Attn: Noel Challis 2950 NW Vivion Road Riverside, Missouri 64150 74616950.4 PERMANENT DRAINAGE EASEMENT THIS PERMANENT DRAINAGE EASEMENT, made this ar day of 2021,by and between ALM Kansas City, LLC,a Delaware limited liability compan ,hereinalter known as "Grantor", and the City of Riverside, Missouri, a municipal corporation, hereinafter known as"Grantee". Grantor, in consideration of the sum Ten Dollars ($10.00) and other good and valuable consideration 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 " 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 and depicted, situated in Platte County, Missouri to wit: See Exhibit A (the"Easement Area"). Grantee, its successors and assigns, shall have the right to perpetually survey and test CO ground conditions, to excavate, fill, regrade, construct, install, operate, maintain, repair, inspect, A rebuild, remove and relocate within the Easement Area, such drainage control facilities and all w related appurtenances and equipment incidental thereto together with the right of access to and a from the Easement Area for its employees, agents, contractors, vehicles, materials and w equipment. Grantee, its successors and assigns, shall have the right of ownership, use and control of all storm sewers underground 1 gr pipe, manholes, catch basins, concrete drainage ways, v, and all convenient appurtenances located within the Easement Area that it may install at its sole cost and expense. Grantor shall not 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 the Easement is granted and that it has good and lawful right to convey the Easement to Grantee herein. At all times while this Easement is in effect, Grantee shall maintain, with financially sound and reputable insurers,appropriate liability and worker's compensation coverages at levels that are customary in the case of entities of established reputations engaged in the same or a similar business and similarly situated. Grantor wan-ants and will defend the title to the Easement during its existence with the Grantee for its use and benefit against all parties whomsoever. Grantor and Grantee represent and warrant that they have the full power and authority to execute and deliver this Permanent Drainage Easement and to perform its obligations hereunder. Grantee shall promptly restore the surface of the Easement Area, including any surface 74616950.4 improvements, to the extent damaged by Grantee's activities granted herein to substantially the same condition as existed immediately prior to Grantee's exercise of its rights pursuant to this Easement, at Grantee's sole cost and expense. Grantor reserves the right to use the land within the Easement Area for purposes not inconsistent with Grantee's use of the Easement Area, provided such use shall not interfere with the exercise by Grantee of the rights hereby granted. Notwithstanding anything stated herein to the contrary, sidewalks, paved drives, landscaping and parking areas shall be permitted within the surface of the Easement Area. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for the general public, it being the intention that this Easement shall be strictly limited to and for the purposes herein expressed. This Easement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not specifically benefited by the terns and provisions hereof. 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 Grantor, and its successors, assigns and legal representatives,as the case may be. Co X w [SIGNATURE PAGES FOLLOWS] a co .D cn rn m 74616950.4 IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the date first written above. GRANTOR: ALM KANSAS CITY, LLC, a Delaware limited liability company By: LM Logistics REIT,a Texas real estate investor t t st,its sole member By: Name: Title: STATEOF'TGXAS ) ss. 07 COUNTY OF &eXar ) X J W On this'_day of January in the year 2021, before me appeared' "As f314Gk to me 00 personall known,who, being by me duly swom(or affirmed)did say that he/she is the IV tYq�uYse {Or of LM Logistics REIT, a Texas real estate investment trust,which is the G) so a mel emberroof A M KANSAS CITY, LLC, a Delaware limited liability company,and that said instrument was signed in behalf of said real estate investment trust by authority of its board of CD directors,and said A,&A;, c acknowledged said instrument to be the free act and deed of said real estate inves ment trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year last above written. n±!�t Notary'Publioc in and for Said County and State Aar-14 Ann San+face (Type, print or stamp the Notary name below his or her signature.) My Commission Expires: II-Oq - a&Z14 MARY ANN SANTIAGO Y R 61k State of Tens MY Own.n.W 11-04.2024 ID No.132?LV&3 74616950.4 IN WITNESS WHEREOF, Grantee has caused these presents to be signed as of the date first written above. GRANTEE: City of Riverside, Missouri By: Tl /� M or Kathleen L. Rose ATTEST:G>��-.v STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) tp ON THIS $ day of 2021, before me personally appeared Kathleen L. Rose, w Mayor of the City of R rside, a nicipal corporation,to me known to be the person described w in and who executed the foregoing instrument and acknowledged to me and declared herself to be Mayor of the City of Riverside, by authority of its Board of Aldermen, acknowledged that the O Permanent Drainage Easement to be the free act and deed of the City of Riverside. rn IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in �l nC County,the day and year last above written. (SEAL) •�y1YF�•, R08W L.KINCAID �<,,v —7—�� .20... ..'..V. My Commulon EOes Printed Name: Ww" L. {5 6 PgfARP: ti .X SEAL :•- uxcne,2oza Notary Public in and for said State Ctmron County 1 op Comrrissionat539mi Commissioned in�,n �o n�o n County My Commission Expires: n��(l 74616950.4 Exhibit A Legal Description Drainage Easement Description Exhibit A All that part Lot I,Riverside Horizons West Second Plat,a subdivision the City of Riverside, Platte County,Missouri,described as follows: D/E(A): Beginning at the Northwest comer of said Lot l;thence South 89°1954"East along the North line of said Lot 1,a distance of 1313.54 feet to the Northeast comer of said Lot 1;thence South 62°12'21"West a distance of 31.47 feet;thence North 89'19'34"West a distance of 1285.75 feet to a point on the West line of said Lot 1,thence North 00°09'55"East song said West line. a distance of 15.00 feet to the Point of Beginning,containing 19,495 square feet or 0.448 acres more or loss. D/E(By Commencing at the Northeast comer of said Lot I;thence Southwesterly,along the East line of said Lot I and along a curve to the right,said curve having a radius of 470.00 feet.a chord which bears South 12°01'02"West,a chord length of 36.59 feet for an arc distance of 36.60 feet to a point of reverse curvature;thence Southwesterly,continuing along said East line,along a CO curve to the left,said curve having a radius of 530.00 feet,a central angle of 4°28'20'and an arc X distance of 41.37 feet; thence departing said East line,North 65°56'07"West a distance of 20.61 w feet to the Point of Beginning;thence Southwesterly,along a curve to the left,said curve having A a radius of 550.00 feet.a chord which bears South 05'14'3 1"West,a chord length of 97.09 feet au for an arc distance of 97.22 feet;thence South 00°l0'41"West a distance of 110.90 feet;thence North 89°19'40"West a distance of 92.21 feet;thence North 00°40'26"East a distance of to 212.90 feet:thence South 89°19'40"East a distance of 86.92 feet;hence South 65056'07"East a m distance of 13.15 feet to the Point of Beginning,containing 19.725 square feet or 0.453 acres more or less. D/E(C) Commencing at the Northeast comer of said Lot I;thence Southwesterly,along the East line of said Lot 1 and along a curve to the right,said curve having a radius of 470.00 feet,a chord which bears South 12°01'02"West,a chord length of 36.59 feet for an are distance of 36.60 feet to a point of reverse curvature;thence Southwesterly,continuing along said East line,along a curve to the left,said curve having a radius of 530.00 feet,a central angle of 14'04'12"and an arc distance of 130.15 feet;thence continuing along said East line,South 00°10'41"West a distance of 152.20 feet;thence departing said Fast line North 89°19'40"West a distance of 20.00 feet to the Point of Beginning;thence South 00°10'41"West a distance of 258.69 feet;thence North 89019'40"West a distance of 94.81 feet;thence North 00°40'26"East a distance of 258.69 feet;thence South 89°19'40"East a distance of 92.57 feet to the Point of Beginning,containing 24,235 square feet or 0.556 acres more or less. ll4 4�- -00, Renaissance infrastructure , t Consulting lA"l I oto �V�4a�,14JrMK�lI . ./,wYin Oralrage Easement Exhlhr Ezhitil A I pp.r 0T YGwhwC 0,4(•) I cNN' COO .01 r POW N LW loll r Powr a co"NQKNr 1 ME (OR lgi r\ 4Nara :/r5 .i . :146n r!..__ ..�" t9+SQV02"N NI.,y Ww .. :. LI=.k b 9-an w -16Nr. r E-•2Y R.SS)00 011' V711•T�T KGW#N6 -tl s H _ vi .9.': W LU O q:3n T a X Z T 92 p =$ co ND9191C"/:O CU co T x19'IPN[ YJ S' ll/1f J RiNNNrL Y/ t wo , 0 oyr(c! Fl,i 4YxN N.115 y �m y OA 9316 w: •/ ,sur t 1111 \\1 f/ �� •..I. �nN Renaissance tz. 0 �,• op �nfrastrurture N.-01[. Sneal2•N 2 74616950 4