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HomeMy WebLinkAbout2005-148 - Restrictive Convenant and Easement Agreements :r . -:' . BILL N0.2005-148 ORDINANCE N0.2005-148 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE RESTRICTIVE COVENANT AND EASEMENT AGREEMENT; AUTHORIZING THE.PAYMENT OF FUNDS RELATING THERETO; AND APPROVING OTHER DOCUMENTS AND ACTIONS RELATED THERETO. WHEREAS, the City of Riverside, Missouri (the "City") is in the process of developing a plan and project for obtaining and maintaining property to meet the City's wetlands mitigation obligations (the "Mitigation Project") in connection with the development of certain of the City's infrastructure projects and real property projects located within the Riverside Horizons development area; and WHEREAS, pursuant to Ordinance 2005-79, the City was authorized to enter into that certain Amended and Restated Sale of Real Estate Interest Agreement with William T. Mann ("Seller") pursuant to which the City has the right to acquire certain real estate interests in 17.37 acres owned by Seller; and WHEREAS, the City has or will assign its rights to acquire interests in eight (8) of such acres and retain all rights with respect to the remaining 9.37 acres ("Retained Property"); and WHEREAS, the City now desires to purchase the real estate interests in the Retained Property pursuant to the Sale Agreement and the Restrictive Covenant and Easement Agreement. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: ~ Section 1. The Restrictive Covenant and Easement Agreement, in substantially the form presented with this Ordinance and on file at City Hall, is approved. ~ Section 2. The Mayor is authorized to execute such Agreement, with such changes as are ~- approved by .the Mayor, the execution of such Agreement being conclusive evidence of such approval. The Mayor, the City Finance Officer and the City Administrator are authorized to execute such other documents and to take such other actions reasonably necessary or desirable to carry out the intent of this Ordinance and such Agreement on behalf of the City, the execution of such documents and the taking of such actions being conclusive evidence of such approval. Section 3. The City officials are authorized and directed to deliver to the title company the total amount required to purchase the Retained Property pursuant to the Sale Agreement in an amount not to exceed $55,000, with the actual amount being set forth in the settlement statement approved by the Mayor, execution of such settlement statement being conclusive evidence of such approval. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. ..~. v. ,~ t° n n ~~ r o T r rr /~ C Passed and Approved this ~ day of December, 2006. ATTEST: [seal] ~~ tom" uise Rusick, ity Clerk ~ ~ Ra Beazd, Mayor Pro Tem 2 .r ,. , i ~ n n r, r i ..i T ~~. PLATTE COUNTY TITLE & ABSTRACT CO. 2000 KENTUCKY, SUITE B, P.O. BOX 798 PLATTE CITY, MO 64079 PHONE: 816-858-5498 FAX: 816-858-5793 DATE: March 2, 2006 FILE #206011496: TO: City of Riverside, Missouri 2950 N.W. Vivion Road Riverside, Missouri, 64150 We have enclosed the following which are due you in regards to the above referenced transaction: ()Warranty Deed as Document No. () Affidavit as Document No. ()Deed of Trust as Document No. () Assignment as Document No. () Release as Document No. ()Request for Notice of Sale as Document No. (x) Restrictive Covenant and Easement Agreement as Document No. 3301 We welcome any questions you may have concerning this transaction, please feel free to contact our office at any time. . ~~. .. ~ 1 r 4 n 1 i t "i T IP ~~ • ~~ ~ sTn~~. ~F r!,sso!~el ss ~) CERTIFY IHST ~, _ ~4~•,T 'riCC•_~ ; :.C ~7 21106 FEB 28 P 2~ 14 N 003301 ao6a~v 3s~ TITLE OF DOCUMENT: RESTRICTNE COVENANT AND EASEMENT AGREEMENT DATE OF DOCUMENT: February 2, 2006 GRANTOR: WILLIAM T. MANN, having an address of 9601 N. Platte Purchase Drive, Kansas City, Missouri 64155. GRANTEE: The CITY OF RNERSIDE, MISSOURI, having an address of 2950 N.W. Vivion Road, Riverside, Missouri 64150. LEGAL DESCRIPTION: SEE EXHIBIT A AND EXHIBIT B ~°~'0' ~ ~ ~ REFERENCE BOOK/PAGE:N/A PLATTE COUNTY TITLE & ABSTRACT CO. 2000 Kentudry Suite B P.O. Box 798 Platte City, MO 84079 a m ~c ~..i ...J .O ~" ~.Or ~D ~'r 1 - n >l 1' 1 IT T RESTRICTIVE COVENANT AND EASEMENT AGREEMENT STATE OF MISSOURI ) COUNTY OF PLATTE ) THIS RESTRICTNE COVENANT AND EASEMENT AGREEMENT ("Agreement") is executed as of the 2°d day of February, 2006 by and between William T. Mann, an unmarried individual ("Land Owner") having an address at 9601 N. Platte Purchase Drive, Kansas City, Missouri 64155, and the City of Riverside, Missouri ("Riverside"), having an address at 2950 N.W. Vivion Road, Riverside, Missouri 64150, provided, however, notwithstanding anything to the contrary contained in this Agreement, the Corps (defined below) shall have no rights under this Agreement and all references to the Corps shall have no effect unless and until Riverside files in the real property records for the County of Platte, Missouri a writing executed on behalf of Riverside setting forth a date certain identified as the Corps Effective Date and provided further that until the Corps Effective Date, Riverside has no obligation to create or construct the Replacement Mitigation and Riverside may, in its sole discretion, terminate this Agreement. From and after the Corps Effective Date, the Corps shall have all of the rights set forth in this Agreement and Riverside shall be obligated to create and construct the Replacement Mitigation as set forth in this Agreement. Background A. Land Owner is the owner, in fee simple, of the real property (the "Property") located in Platte County, Missouri, more particular described on Exhibit "A" attached hereto and made a part hereof. B. Riverside is a fourth-class Missouri municipality, which is in the process of developing and promoting amixed-use development within the city (the "Project") in a manner that will infringe upon current wetland acreage and which will require that Riverside secure replacement mitigation acreage. C. Riverside could not construct or develop the Project without wetland mitigation acreage. D. Pursuant to applicable Federal law and the requirements of the U.S. Army Corps of Engineers (the "Corps"), Riverside will need to obtain a permit pursuant to Section 404 of the Clean Water Act (a "Permit") to engage in and complete the Project, and will need to present a plan for replacement mitigation related to wetlands resources for the Project (the "Replacement Mitigation', and desired to do so using the Property. E. Land Owner, for the consideration described below, desires to grant the easements and cause the Property to be utilized as Replacement Mitigation for the benefit of Riverside. F. Land Owner has designated and has agreed to restrict the use of the Property and to provide easements to Riverside and its authorized affiliates, contractors, subcontractors, cry x O v .~' ~~r ~~~' r n n 1' t IT T and representatives, to assist in the creation and maintenance of the Replacement Mitigation on the Property. NOW, THEREFORE, in consideration of the foregoing, and for Ten and No/100 Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Riverside and Land Owner hereby agree as follows: 1. Restrictive Covenants and Replacement Mitigation Easement. Subject to the limitations herein, Land Owner agrees that the covenants set forth herein shall apply and the Property shall be restricted as set forth herein for perpetuity. Riverside is hereby granted an exclusive easement on the Property and the Property shall be used solely for the construction, development, creation, maintenance, repair, replacement and monitoring of the Replacement Mitigation. Land Owner shall not allow any other use of the Property or any non-storm water discharge onto or into the Property without authorization from the Corps or other governmental agency with jurisdiction over the Replacement Mitigation. There shall be no excavation nor dredging of fill material placed on the Property, except to construct, develop, create, maintain, repair, replace, and conduct the Riverside mitigation measures in accordance with a plan submitted by or on behalf of Riverside and approved by the Corps for Replacement Mitigation (a "Plan"), which Plan is to be attached as Exhibit "C" upon such approval (including subsequent approved changes) by the Corps and made a part of this Agreement as if originally attached hereto. ~ Except as expressly allowed by a Plan, there shall be no commercial, industrial, agricultural, residential, or recreational developments, buildings, or structures including signs, billboards, other advertising material, or other structures built or placed on the Property. There shall be no removal or destruction of trees and plants, mowing, draining, plowing, mining, removal of topsoil, sand, rock, gravel, minerals or other materials on the Property, except to conduct the mitigation measures and maintain the Property in conformance with a Plan. Land Owner may remove voluntary trees not included in any Plan. There shall be no grazing or keeping of cattle, sheep, horses, or other livestock on the Property. There shall be no operation of snowmobiles, dunebuggies, motorcycles, all-terrain vehicles or any other types of motorized vehicles on the Property, except to conduct the mitigation measures. It is expressly understood and agreed that Land Owner may at his expense make any use of the Property from time to time, including substituting other wetlands for the Replacement Mitigation in the event, and only in the event, that Land Owner receives the prior approval of the Corps or other governmental agency with then ~ The final Plan, Exhibit "C", will be attached and incorporated herein by recording such Plan in the real estate records of Platte County, Missouri and providing notice of the Plan to Land Owner provided such Plan does not adversely restrict Landowner's use of his adjacent property. A sample plan is attached as Exhibit "C" and such sample plan shall be replaced with the Plan when it is available. The sample plan shall place no obligations on Riverside. Similarly, changes or amendments to the Plan shall be made by recording such changes or amendments in the real estate records of Platte County, Missouri and providing notice of the changes or amendment to the Land Owner. 1:\CLI EMS\61492\00074VC0474558. DOC 2 O v v C~ t.O 'r ~ i t n >2 1' T IT T jurisdiction over the Replacement Mitigation, and thereafter assumes all liability for the replacement mitigation, including creation, maintenance, monitoring and deed restriction of the site in perpetuity. Except as expressly limited herein, the Land Owner reserves for itself, its heirs and assigns, all rights as owner of the Property, including the right to use the property for all purposes not inconsistent with a Plan and this declaration. 2. Grant of Access Easement. Land Owner hereby grants and conveys to Riverside and its authorized affiliates, contractors, subcontractors, agents and representatives, and authorized representatives of the Corps, anon-exclusive easement (the "Access Easement") over and across Land Owner's adjacent real property, legally described on Exhibit "B", (the "Access Easement Property"), for the sole purpose of egress and ingress across the Access Easement Property in connection with the construction, development, creation, maintenance, repair, replacement and monitoring of the Replacement Mitigation on the Property in accordance with Riverside's Plan. Upon termination of this Restrictive Covenant and Easement Agreement, the Access Easement provided for in this Paragraph 2 shall terminate. Riverside shall maintain general comprehensive liability insurance on the Property and the Access Easement Property during the term of the easements with limits of not less than One Million and No/100 Dollars ($1,000,000.00) aggregate which policy shall name Land Owner as an additional insured. The Land Owner does hereby agree to allow Riverside and the Corps the right to enter the Access Easement Property and the Property at all reasonable times for the purpose of inspecting such property to determine if the Land Owner, or his heirs or assigns, is complying with the covenants and purposes of this declaration. 3. Riverside's Rights and Duties. Riverside shall have the right and the responsibility for the creation of the Replacement Mitigation in accordance with the Plan, when attached hereto as Exhibit "C", and the costs associated therewith, including any further work the Corps or any other governmental agency with jurisdiction over the Replacement Mitigation may require from time to time, including, but not limited to, a survey of the Replacement Mitigation. Riverside shall notify Land Owner in writing after completion of the work necessary for the creation of Replacement Mitigation at the Property. Riverside shall cause the Replacement Mitigation to be monitored and maintained as set forth in its Permit and pay for all costs incurred in connection therewith. If Riverside fails to maintain the Property in conformance with its Corps approved Plan, Land Owner shall have the right, but not the obligation, to perform the same after giving twenty (20) days written notice to Riverside. 4. Binding Effect. This Restrictive Covenant and Easement Agreement shall run with the Property and shall be binding on each and every successor, assignee or future owner of the Property and shall inure to the benefit of Riverside, its successors, assignees, transferees, agents, contractors, employees and licensees. The terms and conditions of this Agreement shall be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of the Property or any part 1:~CLIENTS~61492W0074VC047455 S.DOC .r ,. , ~ t 3 n ii T O v -..~ a'4-~ O thereof, and any instrument of transfer, conveyance, or encumbrance affecting all or part of the Property shall set forth the terms and conditions of this document either by reference to this document or set forth in full text. 5. Termination. This Agreement, as may be amended from time to time, including but not limited to the Restrictive Covenants, shall remain in full force and effect in perpetuity until terminated pursuant to this Agreement by the then fee owner of the Property if allowed pursuant to applicable legal requirements and subject to the prior written consent of Riverside and if after the Corps Effective Date, the written approval of the Corps, witnessed, authenticated and recorded pursuant to the laws of the State of Missouri. 6. Indemnification of Riverside. Land Owner agrees to abide by the restrictive covenants set forth herein and to protect, hold harmless, defend, and indemnify Riverside, and its affiliates, directors, officers, shareholders, partners, employees, contractors, subcontractors, counsel, agents and representatives from and against any and all claims, demands, allegations, actions, proceedings, damages and expenses (including without limitation attorneys' fees and consultants' fees) related to or arising from the intentional act or omission or negligence of Land Owner which would be a violation of this Agreement after Riverside has given Land Owner written notice of the Corps Effective Date. 7. Indemnification of Land Owner. Riverside agrees to protect, hold harmless, defend and indemnify Land Owner and his successors, assigns, employees, contractors, subcontractors, agents and representatives from and against any and all claims, demands, allegations, actions, proceedings, damages and expenses (including without limitation attorneys' fees and consultants' fees) related to or arising from, directly or indirectly: (a) the intentional act or negligent act or omission of Riverside or its contractors in connection with the creation, monitoring and maintenance of the Replacement Mitigation; and (b) Riverside's ingress and egress over and across the Property. 8. Miscellaneous. (a) Governing Law. This document shall be interpreted and enforced according to the laws of the State of Missouri without regard to its conflict of law statutes. (b) Headings. All headings of paragraphs of this document are inserted for convenience only, and do not form part of this document or limit, expand or otherwise alter the meaning of any provisions hereof. (c) Amendments. No amendment of this document, including the Easement and the restrictions, shall be effective unless the same is in writing, signed by both the Land Owner and Riverside, and if after the Corps Effective Date, approved by the Corps in writing, witnessed, authenticated and recorded pursuant to the laws of the State of Missouri. J:\CI.IENTS\61492\00074VC0474558. DOC 4 i r r rr O v -J O .~- tD ~D (d) Recordation. This Agreement shall be filed in the real property records for the County of Platte, Missouri, the county in which the Property is located. (e) Default. If default under this Agreement occurs and the parties are unable to resolve the dispute, the party to whom such duty or obligation was owed may enforce such performance through any remedies available whether through law or through equity and the prevailing party shall be entitled to recover all its costs and expenses of any proceeding, including but not limited to, reasonable attorneys' fees and costs. (f) Enforced by Corps. The Land Owner does hereby insure the right of Riverside and that of the Corps, in a reasonable manner and at reasonable times, to enforce, from and after the Corps Effective Date, by proceedings at law or in equity the covenants herein set forth. Neither Riverside nor the Corps waives or forfeits the right to take action as may be necessary to insure compliance with the covenants and purpose of this declaration by any prior failure to act. (g) Assignment. Land Owner hereby agrees and acknowledges that Riverside may assign, transfer, convey or otherwise sell all or any part of its rights and interest in the Property specifically for, but not limited to, wetland mitigation purposes, as Riverside, in its sole discretion, sees fit, provided that Riverside must provide Land Owner written notice of such assignment or transfer no fewer than thirty (30) days before that date of such proposed transfer. Any assignment shall contain a provision by which the Assignee agrees to assume and perform all of Riverside's obligations pursuant to this Agreement and its obligation to accept title per terms of the Land Owner's Option in the Amended and Restated Sale of Real Estate Interest Agreement entered into between Land Owner and Riverside in connection with this Agreement. [The remainder of this page is intentionally left blank.) ]:\CLIENTS\61492W0074VC0474558.DOC 5 ~. ,y 0 v -o c~ O .~" tG tD •r ~ •~ ~ Y r n n 1' i I 'i T If IN TESTIMONY WHEREOF, WILLIAM T. MANN has hereunto set his hand this e n d day o f Fe, a , 2006. STATE OF MISSOURI ) SS COUNTY OF a +e, ) WILLIAM T. MANN 1 William T. Mann On this 2 „d. day of ~ o , 2006, before me, appeared WILLIAM T. MANN, to me personally known, who bein by me duly sworn, did say that he is the owner of the property described above and that said instrument was signed by WILLIAM T. MANN as the free act and deed of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office the day and year last above written. m x Notary Public O -..1 My commission expires: `r `~ ~ Y P ''~ o~Qg ..,U6~, DONNA D. COLWELL 4~7 =_; • n= ,NOTARY ; .. My Commission Expires Q .~'•. SEAL r ' '~OF ~ May 2, 2009 Platte County ~- ~ - ~ _ ©(~ S Commisson M05441072 l:\CLIENTS\61492W0074VC0474558.DOC 6 ~.r ,.~ r n n i~ r rl r rr IN TESTIMONY<~~~~~OF, E CITY O RNERSIDE, MISSOURI has hereunto set its hand and seal thi y of ,e~42S1f15. ATTEST: [SEAL L ise Rusick, City Clerk City of Riverside By: ~~,,~~~~ Ra Beard, Mayor Pro Tem STATE OF MISSOURI ) SS COUNTY OF PLATTE ) On this~~ay of 005, before me appeared Ray Beard to me personally known, who, being me duly sworn, did say that he is the Mayor Pro Tem of the CITY OF RIVERSIDE, MISSOURI, a municipality of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said city, and that said instrument was signed and sealed on behalf of said city, by authority of its Board of Aldermen; and said Mayor acknowledged said instrument to be the free act and deed of said city. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year firs above written.. ._ .. O .J ,,~~ tary Public ~..I ~~ My commission expires:~,~~a{dO 9 ~- __ ~~ a ~ ~~ O LWISE f. .r~"' t,D Stale of MIrOW Sf/1L ~.D ~ IasiorCAO~~'~ J:\CLIENTS\61492\00074UC0457037.DOC 7 ,r ,.~- n n• r• r Ii r rr EXHIBIT A TO RESTRICTNE COVENANT AND EASEMENT AGREEMENT REPLACEMENT MITIGATION EASEMENT PROPERTY LEGAL DESCRIPTION DESCRII'TION: TRACT B: A TRACT OF LAND LOCATED IN SECTION 4, TOWNSHIP 51 NORTH, RANGE 35 WEST, PLATTE COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 52 NORTH, RANGE 35 WEST; THENCE N89°45'17"W, A DISTANCE OF 800.57 FEET; THENCE S00°00'00"E A DISTANCE OF 2154.67 FEET TO THE POINT BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE S59°04'33"E A DISTANCE OF 232.93 FEET; THENCE S56°27'17"E A DISTANCE OF 119.74 FEET; THENCE ON A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADNS OF 357.04 FEET AND AN ARC LENGTH OF 344.95 FEET; THENCE N89°45'17"W A DISTANCE OF 832.90 FEET; THENCE N26°59'39"W A DISTANCE OF 551.03 FEET; THENCE S89°45'17"E A DISTANCE OF 655.14 FEET TO THE POINT OF BEGINNING. CONTAINS 408,199 SQUARE FEET OR 9.37 ACRES MORE OR LESS. SUBJECT TO RESTRICTIONS, RESERVATIONS AND EASEMENTS NOW OF RECORD. END OF DESCRIPTION ~:~ ~1 -n O LL1 tD Pa-~- ~ ~•r• ,.t - n r i~ r it r rc EXHIBIT B TO RESTRICTIVE COVENANT AND EASEMENT AGREEMENT ACCESS EASEMENT PROPERTY LEGAL DESCRIPTION A 10 FOOT WIDE STRIP OF LAND FOR INGRESS/EGRESS PURPOSES LOCATED IN SECTION 3 AND IN SECTION 4, TOWNSHIP 51 NORTH, RANGE 35 WEST, PLATTE COUNTY, MISSOURI, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 52 NORTH, RANGE 35 WEST; THENCE S89°45'17"E ALONG THE SOUTH LINE OF SAID SECTION 34, A DISTANCE OF 1914.08 FEET; THENCE S00°00'00"E A DISTANCE OF 11.33 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID 10 FOOT WIDE STRIP OF LAND; THENCE S84°32'25"W A DISTANCE OF 132.60 FEET; THENCE S79°50'04"W A DISTANCE OF 111.95 FEET; THENCE N79°39' 18"W A DISTANCE OF 226.65 FEET TO A POINT 5.00 FEET SOUTH OF THE SOUTH LINE OF SAID SECTION 34; THENCE N89°45' 17"W PARALLEL WITH AND 5.00 FEET SOUTH OF SAID SOUTH LINE, A DISTANCE OF 1448.95 FEET; THENCE CONTINUING N89°45' 17"W A DISTANCE OF 22.80 FEET; THENCE ON A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 35.00 FEET AND AN ARC LENGTH OF 57.04 FEET; THENCE S03°08'08"E A DISTANCE OF 391.07 FEET; THENCE ON A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 35.00 FEET AND AN ARC LENGTH OF 59.37 FEET; THENCE N85°56'44"W A DISTANCE OF 452.30 FEET; THENCE S84°11'20"W A DISTANCE OF 259.88 FEET; THENCE S62°23'49"W A DISTANCE OF 233.60 FEET; THENCE S27°41'06"W A DISTANCE OF 407.03 FEET; THENCE S57°26'39"W A DISTANCE OF 421.19 FEET; THENCE S61°24'29"W A DISTANCE OF 263.45 FEET; THENCE ON A CURVE TO THE LEFT, TANGENT TO THE _. LAST DESCRIBED COURSE, HAVING A RADIUS OF 35.00 FEET AND AN ARC O LENGTH OF 60.04 FEET; THENCE S36°52'28"E A DISTANCE OF 66.37 FEET; THENCE ~ S62°35'03"E A DISTANCE OF 204.66 FEET; THENCE S53°08'32"E A DISTANCE OF -o 120.99 FEET; THENCE S46°01'47"E A DISTANCE OF 372.67 FEET; THENCE S45°35'03"E ~ A DISTANCE OF 417.50 FEET; THENCE S59°04'33"E A DISTANCE OF 85.13 FEET TO ~ THE TERMINUS OF SAID STRIP CENTERLINE. CONTAINS 58152 SQUARE FEET , OR 1.33 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESTRICTIONS AND ~,p RESERVATIONS NOW OF RECORD. ~~ 9 .r .. , r ~ n >< r ~ r i .t r rr EXHIBIT C TO RESTRICTNE COVENANT AND EASEMENT AGREEMENT CORPS' APPROVED PLAN FOR REPLACEMENT MITIGATION THERE IS NOT YET A CORPS' APPROVED PLAN THE DOCUMENT ATTACHED HERETO IS A SAMPLE PLAN ONLY WHEN THE CORPS' APPROVED PLAN FOR REPLACEMENT MITIGATION IS AVAILABLE, IT SHALL BE FILED OF RECORD IN ACCORDANCE WITH THE RESTRICTNE COVENANT AND EASEMENT AGREEMENT AND SUCH FILING SHALL AUTOMATICALLY DELETE THE ATTACHED SAMPLE PLAN AND SUBSTITUTE IN ITS PLACE THE CORPS' APPROVED PLAN ao 0 ..i v -z, c~ 0 ~~ .- SAMPLE PLAN Conceptual Mitigation Plan City of Riverside, Missouri Introduction The City of Riverside owns properties within the L-385 levee currently proposed for development. Jurisdictional wetlands will be filled during development and will require a. Section 404 Department of the Army permit and compensatory mitigation. For the Riverside properties, the Kansas City District has proposed a single permit with mitigation for all of the development activities that could occur within the L-385 flood protected area. In 2001, Argosy Gaming Co. expanded its Riverside Casino in Platte County, Missouri. Part of the facility design required relocation of the proposed L-3851evee and impacted the existing Argosy mitigation site by filling in 2.0 acres of wetlands and 6.0 acres of riparian forested corridor. To compensate for project impacts, Argosy Gaming Company restored the upper portion of a Missouri River oxbow called Horseshoe Lake. The mitigation site is a 28 acre deed restricted parcel at the northwest end of Horseshoe Lake. -:The current mitigation site is deed restricted and includes created wetlands (2.0 acres), restored wetlands (1.6 acres), enhanced wetlands (3.9 acres), created native grass buffer (10.1 acres), 7.4 acres of preserved wetlands and a 3.0 acre riparian.forested area. The City or Riverside is proposing to;expand the~xisting Horseshoe Lake mitigation site for expected impacts associated with the~.L-385 levee project. The expansion will increase the existing Horseshoe Lake site from 28 acres to approximately 50 acres. The following report is provided- as conceptual mitigation plan to offset the unavoidable impact to jurisdictional resource associated with the c`~nstiitction of the L-3851evee. The report includes an assessment of project goals and objectives, existing resource conditions, mitigation site design, expected benefits, performance standards and long-term ~ maintenance. C7 -J Project Goals and Objectives ~ The primary goal of the mitigation site is to provide a holistic approach for the mitigation of O potential impacts associated with the construction of the L-385 levee. To achieve this, the ~' existing Horseshoe Lake mitigation site will be expand; to create an ecologically functional ~ and permanently protected natural area. The following is a list of site specific goals for the ~ mitigation site. 1) Increase the size of the existing mitigation site from 28 acres to approximately 50 acres. 2) Provide a buffer to the existing Horseshoe Lake. • Increase the riparian area on the site • Native grass establishment, 3) Enhance the existing emergent wetlands found on the site. Adaptive Ecosystems, Inc., 13013 Fuller Avenue, Suite F, Grandview, MO 64030 (816) 966-8199 1 "FOR SAMPLE PURPOSES ONLY" .r ~., ~ r n I i T If .' City ofRiverside, Missouri SAMPLE PLAN April, 2005 • Develop a maintenance regiment to benefit the existing resources ^ Controlled burning, ^ Mowing, ^ Spot spraying. 4) Create an emergent wetland to mitigate for wetland loss and provide a water quality benefit to the existing Horseshoe Lake Mitigation Site Design Mitigation site design was approached from the aspect of being able to mitigate future impacts while providing the most ecologically significant benefits to the Missouri River floodplain as possible. Nearly doubling. the size of the existing Horseshoe Lake from 28 acres to approximately 50 acres is an obvious first choice site relative to long term preservation and ecological enhancements for mitigating impacts. The existing mitigation site currently includes a self sustaining complex of wetland and upland habitats including emergent wetlands, native prairie and riparian resources. The preservation, enhancement and creation of additional resources adjacent to the existing site will add beneficial and complementary resources to the Missouri River floodplain. The following is a discussion of the existing resources found on the proposed mitigation site including the preservation, enhancement and creation of wetlands and upland habitats. Existing Resources Existing resources on the site include emergent wetlands, ri arian habitat and an agricultural °° field. The emergent wetlands on the site include an _~ within the northern tip of the proposed expansion. The wet meadow is dominated by O numerous sedge species (Carex spp.) with a mix of invasive wetland species (Phalaris ' '~ arundinacea) to a lesser degree. -o A more weedy and invasive emergent wetland exists within the southern sections of the ~ proposed mitigation site. Emergent wetlands in this portion of the site include ~ e of a smartweed Pol ovum s ( p ~ ( YS pp.) dominated complex. Cottonwood Po ulus deltoides) t0 has unsuccessfully tried to invade this section on several occasions. A narrow riparian resource occurs around the perimeter of the wetland complexes. The riparian area is located on and above the steep sloped embankments of the Horseshoe Lake. The riparian area is dominated by almost entirely cottonwood species with occasional buttonbush (Cephalanthus occidentalis) interspersed along the embatilcment where the wetland transitions from a sedge meadow to a smartweed dominated complex. The resource is a very narrow band with a limited number of mature cottonwoods. Adaptive Ecosystems, Inc., 13013 Fuller Avenue, Suite F, Grandview, MO 64030 (816) 966-8199 2 "FOR SAMPLE PURPOSES ONLY" ..r ,.il„¶ >r o I r rr Conceptual M1tiRatios Plan (CONTINUED) SAMPLE P LA N City of Riverside, Mlssoun Aprll, 2005 The final resource existing on the site is an agricultural field. The field is annually farmed in row crops with topography sloping toward the Horseshoe Lake. Preservation The existing 28 acre Horseshoe Lake is deed restricted as a permanent natural area. The additional 22 acre expansion will also be deed restricted as a permanent natural area. The opportunity to establish a permanent easement on an approximately 50 acre site will further enhance the biological integrity and functional value of the site. The existing mitigation site has already greatly improved wildlife diversity in the area including its utilization by previously rare visitors by northern bobwhite (Colinas virginianus), northern harrier (Circus cyaneus), eastern kingbird (7yrannus tyrannus), wild turkey (Meleagris gallopavo), whitetail~d rabbit (Sylvilagus floridanus) and numerous numbers of insect species. Enhancement The existing wetlands within the mitigation site will be enhanced. Enhancements may include; • Increasing vegetation diversity - ^ nuisance species control ^ controlled burn ^ hand weeding ^ herbicide applications ^ supplemental seeding ^ transplanting • Buffering existing resources - ^ Native grass buffer plantings ^ Native riparian buffer plantings ^ Create wetlands within mitigation area. The following buffers will be created around the existing wetland resources in the mitigation area. Native Grass/Tree Bum The native grass/tree buffer will serve as a buffer to the existing Horseshoe Lake by protecting it from erosive runoff of the adjacent agricultural lands. The native grass/tree buffer will be supplemented with larger (>8') well developed native trees to further enhance the ecology of the site and provide habitat for nesting songbirds and neo-tropical migrants. The following lists include native grass/tree species that may be utilized in the native grass/tree buffer Adaptive Ecosystems, Inc., 13013 Fuller Avenue, Suite F, Grandview, MO 64030 (816)'966-8199 3 "FOR SAMPLE PURPOSES ONLY" O -..~ -.J -v O tD tD •r ~~ i r n >< r~ r r l t rr SAMPLE PLAN City of Riverside, Missouri Example Native Tree S pecies List Common Name Species Name Blue Ash Fraxinus tomentosa Black Walnut Juglans nigra Bur Oak Quercus macrocarpa Hackberry Celtis occidentalis Black Gum Nyssa sylvatica Alder Alnus serrulata Hop Hornbeam Ostrya virginiana American Elm Ulmus americana Overcup Oak Quercus lyrata Sweetgum Liquidamber styrac~ua River Birch Betula nigra Green Ash Fraxinus pensylvanica Swamp Chestnut Oak Ouercus michauxii 'Trees should be planted at a rate of 50/acre Example Native Grass Sp ecies List Common Name Species Name Indian Grass Sorghastrum nutans Big Blue Stem Andropogon gerardii Eastern Gamma Grass Tripsacum dactyloides Side Oats Grama Bouteloua curtipendula Western Wheatgrass Pascopyron Smithii Canada Wild Rye Elymus canadensis Prairie Dropseed Sporobolus heterolepis Switchgrass Panicum virgatum Gray-headed Coneflower Ratibida pinnata Blue Sage Salvia azura Purple Coneflower Echinacea purpurea Wild Bergamot Monarda ftstulosa Creation Emergent wetlands will be created on the site. The a ricultural field adjacent to the ~ Horseshoe Lake receives hydrology from of drainage basin. Runoff -.~ collected in a field drainage that ultimatel dischar es into the existing Horseshoe Lake. The ~ runoff is sufficient to support of created wetlands in the agricultural O field adjacent to the existing Horseshoe Lake. Stormwater runoff will be detained by ~"' constructing a low water dam across the drainage and between the agricultural field and ~ Horseshoe Lake. The emergent wetland would compliment the existing resources found on ~ the site and provide improvement to the quality of runoff entering Horseshoe Lake. The created wetland would be plugged and seeded with species adapted to the region and of local ecotype. The following is an example of wetland species that may be planted in the created wetland. Adaptive Ecosystems, Inc., 13013 Fuller Avenue, Suite F, Grandview, MO 64030 (81 ~ 966-8199 4 "FOR SAMPLE PURPOSES ONLY" •r ~ t t~ n >R i' 1 I "i Conceptual Miti~aNon Plan (CONTINUED) SAMPLE PLAN City of Riverside, Missouri April, 2005 Example Wetland S pecies List Common Name Species Name Soft-stemmed Bulrush Juncus eJjusus Spikerush Eleocharis palustris Inland Rush Juncusinterior Tickseed Sunflower Bidens aristosa Swamp Buttercup Ranunculus septentrionalis Swamp Milkweed Asclepias incarnata Sweetflag Acorus calamus Toney Rush Juncus torreyi Tapertip Rush Juncus acuminatus Frank's Sedge Carex frankii Thinscale Sedge Carex hyalinolepis Woolgrass Scirpus cyperinus Prairie Cordgrass Sparttna pectinata Cardinal Flower Lobelia cardinalis Expected Benefits Benefits to natural resources within the project area as a result of on-site mitigation are presented below. • Vegetated buffer (wetlands/native grasses) benefits including: • Sediment removal • Filtration of contaminants. • Provide aquatic habitats. • Provide upland habitats. • Native tree buffer: Native trees will provide the • ao x • A planting plan that includes the establishment of a diverse more wildlife suit bl a e habitat. C~ v -..l PERFORMANCE STANDARDS -v ~ The miti ation site goal is to of existing wetlan of existing riparian and ~ create res of riparian native grass buffer. A subset of these goals are identified as ~O performance standards for the project; these will be evaluated to gauge mitigation site success. ~ Performance Standard 1: Enhance a of existing wetlands. Methods: The existing wetland will be enhanced and maintained by establishing an invasive weed control regime. Methods of control include mowing, selective herbicide applications and periodic ecological burning. Monitoring Method: Invasive species aerial cover assessments. Adaptive Ecosystems, Inc., 13013 Pbller Avenue, Suite F, Grandview, MO 64030 (816) 966-8199 5 "FOR SAMPLE PURPOSES ONLY" .r .. t r~ n n r. I I t .Conceptual Mitlpation Plan (CONTINUED) SAMPLE P LA N City of Riverside, Missouri April, 2005 Contingency: Adaptive management of the area including increasing herbicide applications and plant additional suitable vegetation. Performance Standard 2: Create a minimum of native grass/riparian buffer. Success Criteria: After one full growing season there is 70% plant cover, seedlings of three planted grass and/or sedge species found, and 2 species of planted wildflowers found. After five full growing seasons 95% plant cover, at least 20% cover by planted native grass/sedge or wildflower and 30% of planted species are found. Monitoring Method: Native grass buffers will be measured by documenting percent cover and the presence of native species, either planted or from the seedbank, which have colonized the area. Tree mortality may not exceed 20%. Contingences Evaluate potential causes for poor vegetation establishment, rectify site conditions (e.g. water control structures) and plant additional vegetation. LONG TERM MAINTENANCE The mitigation area will be restricted as per Corps of Engineers conservation easement requirements and maintained long term as a natural features amenity. Typical site maintenance measures will include: ^ Late season mowing in the native grass buffer and the wetland, if necessary, to prevent seeding of nuisance species. ^ Spring or fall burning of native grass buffer; the burns will be conducted once every 3-5 years or as necessary and will be coordinated with the landowner. ^ Nuisance species control will include the elimination of noxious weeds, nuisance trees and shrubs in the wetland and native grass buffer. Nuisance species measures could include burning, hand weeding and pulling of trees, the application of herbicides (Rodeo for aquatic applications for herbaceous species and Garlon for woody species) or equivalent. Summary Adaptive Bcosystems,lnc., 13013 Fuller Avenue, Suite F, Grandview, MO 64030 (816) 966-8199 6 "FOR SAMPLE PURPOSES ONLY" ao O v C~ ~D .r. ..~ i °n n ~~ r o1 t rr SAMPLE PLAN ~.I. ..~ 1 I n >R ~' t it r rr "FOR SAMPLE PURPOSES ONLY" rsw.v ro A7T4[iTtfXN til•: Regulatory Branch (2QOS01129) (Rlatte, IvIO, NW 39) I~EP~#ly4Tlld£I+JT OF THE AMY NCAMSAB C17`.lY Dl$'t'~I~T, ca~?Pa Qty etrc~trisaRs t1a;A8 ~1't~1', KttB+aG'u~!'i. 83dt~b:~tipe~ t~prld 11, 2U05 SAMPLE PLAN Mr. Shannon Tyree Adaptive Ecosystems, Tric. 801 Main Street, Suite l03 Grandview, i4~issouri' 64030 .Dear Mr.'Tycee: This is in response to yatt~ letter t~cerved oii Match.2l, 200:5, requesting a I~epattment of the Army (DA} permit determination conoerntt-g Argosy t3aming Catnpany's pmpoaell 0.49-apre wetland flll in orQer to expand the parlcic-g lot at.their faeillty ac~jaeent to:t]te Missotui River. '1"he~•ptpject.is located in Section 1 Township 50 north, Range 33west, Fdatk~ Cou~ly;.lvllss©trri; The Corps of Engineers has,lurasdaation over X11 waters ai<`the ITntted States I~sghatges of dredged. or fill nhaterial in: waters of the {~tiited .¢.~tas, ipcluding ~etls, r~tl##~tFlt~r,attthcu'tz~ion ~rotn the Ccrrjrs underSei,t-ori 404 of the Clean VVat~r ~.ct (~~ ~°7344): `i'he trr-~li~iie0t}ttg~egulntfon far his ~4ct is found at 33 CFIt 320-330: The enclosed Jurisdictional Detertnrnation (JD): foam destsrilrss the extent of wataers .of the United Sta'tes' on t1te project site. Also, tle: enclosed 1VatifiesCcon a€Adtninstrettve ~1~~ ~ l•pms and Request far: Appeal form (1A(?i) ~se~rils~ss your options .in 3ectlort l~ of #kte 1t~1. if yiw choose to appeals and you have new nforrttati~an e~tne~rrung the ele'i'attoh ofthe~ {)~, ~u should eotttplate Sechort IT' of the ~'I~it1V1 and retEtxtr the F{)1ZIvl to this ol~ae, If"S!au ol~~ase to a'p~ieai, bttt-have. nonew information, Please submit the catnpleted FOF~Ivl:dlrecYly to-1t7~, Aa9n~ ~oa~of 1~;~~, Carttpiati~tlen, Nartltwestern Dv~Sran{AT"1`N: G~1`t~Gl~l-t'tl~j,1~SC5 ~t tt~er Rind, Om~h~, NE ~14~- 3861. We have reviewed the information furnishec- sitd trove deterrriitied thet ypur profeet is authorized by nationwide petttliYf'~') 39~ PTa~tc~d ymti~ enure titat.tkt8 onrislitl,li ~i:~e ensloned copy of excerpts from the :ianuary 15, 2AO,~ :Ftal t+~egtsl~;`,ice csf'lti~t~d~ 1~ I+~~it~Cte•(b'Z Flt x020), and fihe•1Febnrary t3, X002 Correctiim X871 9~);~re tttet. "~Gb Est ~so.z~ui~sly vvithr ~rsi~nsas !City District`Regtonal N1~ Condttaotts:pt~sfisd 8t:h~~,1/.~usv,~r n~uk ~,~,~ sr~m~ ~,~~r~ ,t ~ r - i . ,~.; General eonditi©s l requires yon. n:alrtaitt a ~traa-401 avatar ~:~~a~ ('vi±ater gtality . eertiftcation paragraph belgw`j +Cerst ~p 14,requlres: you to sib attd subnut the enclosed "Gorispllance Certifica#ion" upon .oompletlpti: i~f.},ha autliatyzed worfe at~~ tl~ iPequiisd mitigation. "FOR SAMPLE PURPOSES ONLY" r• r l~l T ~=-~ O c~ .~- Copies Furttislied; Missouri Department of Natural R~st~urees W~enGIO3UC4'3 M13S011r1 T~epat'tTll~t Of Cona~rVSit1~ lu~l~Ci~er~m~ "FOR SAMPLE PURPOSES ONLY" 'r i I i 1R i' i I 'T T i~ ~c° 0 -..i O u7 tD JT3RT~'DlCTE0N:4L DE'1'EdtlYr7iVk:TION Revised 8/13/04 DLST1tiCT OFFICE: Kansas CitJ~ District (CENW1{) FIT.,E Ni114T~iF,~: 2~G5©1129 SAMPLE P LA N rxoJ~cT 1.aCA~o~1 ~z~~iT~a1~: - State; Misso>;r1 . County:. rlatta Center cow:dnatts of site (latitude/lang~tuda)a:Laf 3g:g:,4g,716D N.: lon$: 94 37-I $.1.92o.W. APP~~mate size of scan (parcel} rmviswad,:itieludvtgg upldfids: 1;17, acres. Marne of nperGSt wabartyay: M'iaSOUri: ~(ivir'r: .Name of Watarsliad; 2vSigaouri Riucsr, JU12f8DCTEQ1Vr1:t:.~)fs~ E1~R~TiVA'CIQ1V . Completed: Desktop daternunatoa. Date. OB Apgil 2U05 Site visit(s) a Drita(sl: Jarisdicfonal l3eter•minatioa(Jb); i ;: .. ]~ rre(iminary dLl - Bescd on available mfiiFtt~t+on, ~';~ ey~?gD ~e ~br~~~ tea. UuitedStates"and/or.`•navSgah44'TVatefsbf`,Lln(~ct~tafes„ &~''r~~~`-wt . jAaferonoe33C1?IZpartE3]). .._.:.., .~.. ~ ,i~..~~"g~tp A:pt'tng><}c,l')?;ic.aut~pr~lab]~ Approved JD - An appmvad iD is an appealsbtc actvon.(Raf~rent:d,83 t:p~ X3:13. ' Check elf that app]y: "There. are "navigable waters of-the IJnitel.$a (as.dafined by 33 C17R park 3~Aand asaoatatsd gufdetnca) within the raviewad,area. Approximate size ofjurisdietlonal area: There me "waters of the Unified States" :(as definail by 39 G`RK-:part 3~$:.and a~tfGi'~ted~}~uideuee) within the ieviawed urea. ApProxlroata.s~za°ofEUrlsdtital aka ;:p ~ttdre~tyfw ::+: a ~: There are "isolated; uon-reauigable infra-~stats'NraYeit$ 07 We4flal~dsv' ~ygtbiri~:tli~ rDUxntiir~•at;. Dacis~on s~tppotied•bq BVVANf1C71p.(lgr'atw7'Bitd $trle' 1~fpr~vafa4n; ~15a¢t far 7urlsdictdon.. .:. .:.. „ ~iation ttf2+10 .... $ASIS ctR JC712ISntcTIONAL DETE ' .. . RTI~ENA.TFOl+T; A. Waters defined under 33 CF'Riasarx3'.b9 a9 `4~avi$$tile wat6re af-the'~triteitsgfstteiq+~: The presence bf waters that are subject tp the':ebb §?vd flow. of Ute titia and/or el'a presently used, or lisve~}iean used in the past, or may be aitsceptible for rise interstate or foreign cortulie, _ _ __ __ " $• '44'aters defined uttder 33_CItE2.~gp~y~!y~~ ~p.L~.~~~ `~ r1Ti7tdpt~s~7'iaevfwatexs,v6+lti~"cd~~'t ~~-°-- . mteiState or forc~gn compiorge, faottd#ttg~i #~tgrs ~ xi~1~ ""'~` ~ (2) Tiia prestinoe of ifftorst8ta wsf ~ '~`~` . (3) T1tC ~5.ltitl$1 4 presence of other watar~ suety as ititsa~ata Ialftsx>?1VOira, , ~ ` sandflats, wetlands, sloughs, Aralaib:p~g~QSa: wvt t~n~taYt€r ( ~ ~ lntertrit~ttt a4ra mudflats, desliucnon of which .could affect u?t?4e! isoatvrteetsa ,~tftt~ ~r~se ~, ri Wr '~n8'~tGh•`~vaie~!a ~~i66.~•f~t8'gpp~j`) ~] (i) which are or could be used ~ mteretate or' fvrme~n:tTavbitsre Star r~ip~~~~ddter (ii) from which $sh fir slvgllflsh are car could be takbn and so}d is m lases. (iii) which are or oould be used far industrial Puif?dSAS by lrfd"upt ~ ~. (4) impoundments of wakais othsrta+isa datixtod';aa w8farrs>c~fiya L?ts...,: (5")'~ P?~nee of a trilutary.to a svatcr tdtXlt~ed in (Tj -- fq) abs!va. (fij The presence of territnria! seas: (~) The presence of wetlands adtaoeat4 to other-waters of.tlve US, exoapt far those wetiatvi~sxtljacarttfo other wetlbnd rtationale for the $asis pf Jurisdictional s water or wetland-ls not #se f a travi D~artilisiskion Fsnnttnc r;, e..,. ~. ~._ _~ : _ ~. __... - waters. If$(I) Ar B(3) tv: bead as . gable va~taf' ~, the Bases o, f',~btr~ [T.e., discuss site conditions; ineltrding whj the ivat~ a, ject interstate ar;Joreign cotnmerce,~..~,ff{2;:ei;: f ~ make the determination. lf8(7) Ys used ps"~a Bu3~ia iietermi»rrFiort. The wetland area to be fdled'is oil-tl "FOR SAMPLE PURPOSES ONLY" 7~C rr SAMPLE PLA~~ SAMPLE PL~O-N y a~;:zo~ 5?3 ~~6 11~b Y. m;3 ~. ~ ~ :: ~3~ ~ . ~. "FOR SAMPLE PURPOSES ONLY" ..~. .. ~ ~ n ~. 1. t i t r rr "FOR SAMPLE PURPOSES ONLY" .r ~ i t o 1< t' r i ~r t rr ' ~~ i. 'his aaeai~icatac+n dies ~~e.~rar '~', 2. S'/3 Silb 1144 r.rr~ .r ~ 1 ( if n 1' f I ~i T rr •, _ i SAMPLE PLAN Al ~ ~ ~.:...:. ' :'~: ..~. ~. ~. s. 3'T3J4b t-two r.r~e 003301 B. ~'klfll #[iCA7 FT6 ~i~31.~6. it7AY +1~id'vv ; .. '`7~ ~~a -_ ..- ... ., ., ~''. ao ... , ., -964. ~9~ "~ .... ,... , ~e~c~r 7c 10~ "FOR SAMPLE PURPOSES ONLY" T~BIL P.06 ..~ .. , ~ ,~ ,. n n' t ~ r i -t r rr