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Home My WebLink About2012-07-19 IDA PacketTHE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Board of Directors Notice of Meeting Notice is hereby given that the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri will conduct a meeting at 6:00 p.m. on Thursday, July 19, 2012, at the City Hall of Riverside, 2950 NW Vivion Road, Riverside, Missouri 64150. The tentative agenda of this meeting includes: 1. OPENING 2. ROLL CALL 3. APPROVAL OF MINUTES OF MEETINGS: April 24, 2012 4. NEW BUSINESS A. RESOLUTION 2012-013: A Resolution Authorizing the Execution and Transfer of a Water Main Improvement Appurtenance Easement with Missouri American Water and Authorizinf other Action in Connection Therewith. 5. HORIZONS UPDATE 6. ADJOURNMENT Posted by: Sarah Wagner, Community Development Date: July 18, 2012 Time: 12:00 p.m. IDA Resolution 2012-013 IDA RESOLUTION NO. 2012-013 A RESOLUTION AUTHORIZING THE EXECUTION AND TRANSFER OF A WATER MAIN IMPROVEMENT APPURTENANCES EASEMENT WITH MISSOURI AMERICAN WATER AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH. Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri (the "IDA"), hereby adopt this Resolution and direct that this Resolution be filed with the official IDA minutes: WHEREAS, the IDA desires to grant a water main improvement and appurtenances easement under and along certain property owned by it to the City of Riverside, Missouri, for construction. NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Industrial Development Authority of the City of Riverside, Missouri as follows: THAT the Water Main Improvement and Appurtenances Easement to the Missouri American Water is hereby approved in substantially the form attached as Exhibit A and the President or Vice President are hereby authorized to enter into, execute and deliver and the Secretary or the Assistant Secretary are hereby authorized to attest, such document with such changes therein as shall be approved by the official of the IDA executing such document, such official's signature thereon being conclusive evidence of such official's approval and the IDA's approval thereof. FURTHER THAT the President, Vice -President, Secretary, Assistant Secretary and other appropriate officers and agents of the IDA are hereby authorized to take such further actions and execute such other documents as may be necessary or desirable to carry out and comply with the intent of this Resolution. FURTHER THAT this Resolution shall be in full force and effect from and after its adoption. ADOPTED THIS DAY OF , 2012. This Resolution was adopted at the meeting of the Board of Directors of the IDA duly called and held this date. Pamela J. Darata, President (SEAL) ATTEST: Secretary IDA Resolution 2012-013 EXHIBIT A FORM OF CONVEYANCE WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT THIS WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT (the "Easement") is entered into by The Industrial Development Authority of the City of Riverside, a Missouri City, whose mailing address is 2950 NW Vivion Road, Riverside, MO 64150, its successors and assigns, herein referred to as GRANTOR, and MISSOURI -AMERICAN WATER COMPANY, a Missouri corporation, whose mailing address is 727 Craig Road, St. Louis, MO 63141, its successors and assigns, herein referred to as GRANTEE. GRANTOR, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE, its successors and assigns, an easement to construct, operate, maintain, reconstruct, inspect and remove water main improvements and appurtenances thereto, as may be required from time to time upon, over and under GRANTOR's land situated in Platte County, State of Missouri, generally described in Exhibit A and Exhibit B attached hereto and made a part hereof (the "Property"). GRANTEE assumes the responsibility for the proper installation of GRANTEE's lines and agrees to save GRANTOR harmless from any and all damage caused to GRANTOR's property due to the negligence of GRANTEE, its agents and employees. GRANTEE is hereby granted the right and permission to clear, remove and keep the Easement Area cleared of trees, limbs, roots, signs, buildings, structures, and other obstructions which in the reasonable opinion of GRANTEE might damage, endanger, or interfere with the operation, maintenance, or safety of said lines, and to enter upon the Property for access to the Easement Area for the purpose of exercising the rights herein granted at any time. GRANTEE agrees that GRANTOR shall otherwise have full and free use of said Easement Area, subject to the rights herein granted to GRANTEE; provided that no operation or construction shall be performed or permitted by GRANTOR on the Easement Area which might damage, endanger or interfere with the operation, maintenance or safety of said lines. The easements shall not be construed to prohibit the GRANTOR from developing any adjoining property or from the laying out, establishing and constructing of pavement, surfacing of roadways, curbing and gutters along, upon, over or across said easement or any portion thereof. GRANTOR, for itself, its successors and assigns, warrants that it is the owner of the Property containing the Property and has the right to grant this Easement. TO HAVE AND TO HOLD THE PREMISES AFORESAID, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto said GRANTEE, and unto its successors and assigns forever; said GRANTOR hereby covenanting that said premises are free and clear of any encumbrance done or suffered by it, and that it will warrant and defend the title to said premises unto said GRANTEE and unto its IDA Resolution 2012-013 successors and assigns forever, against the lawful claims and demands of all persons claiming under GRANTOR. The failure to enforce any right, restriction, condition, covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto. Executed this day of , 2012. The Industrial Development Authority of the City of Riverside By: XXXXXX Name and Title: Missouri -American Water Company By: XXXXXXX Name and Title: STATE OF MISSOURI COUNTY OF ACKNOWLEDGMENTS ) ss. IDA Resolution 2012-013 On this day of , 2012, before me the undersigned Notary Public, personally appeared , to me personally known who being by me duly sworn did say that she/he is a of The Industrial Development Authority of the City of Riverside, and that she/he executed the foregoing instrument and acknowledged to me that she/he executed the same as her/his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. [Notary Seal] My commission expires: XX Notary Public IDA Resolution 2012-013 STATE OF MISSOURI ) ) ss. COUNTY OF ) On this day of , 2012, before me the undersigned Notary Public, personally appeared , to me personally known who being by me duly sworn did say that she/he is the of Missouri -American Water Company, and that she/he executed the foregoing instrument pursuant to due authority and acknowledged to me that she/he executed the same as her/his free act and deed as the act of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. [Notary Seal] My commission expires: XXXXXXX Notary Public IDA Resolution 2012-013 EXHIBIT A IDA Resolution 2012-013 EXHIBIT B Easement Area File No. 2011-1158/2009-1632 Horizons East February 14, 2012 Revised July 10, 2012 EXH8 Uitility Easement All that part of Tract A and Lot 1, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri, described as follows: BEGINNING at the Southwest corner of Lot 1, Riverside Horizons East First Plat; thence North 0 degrees 24 minutes 10 seconds East along the West line of said Lot 1 a distance of 5.70 feet to a point; thence North 13 degrees 47 minutes 07 seconds East along the West line of Tract A and Lot 1 of said Riverside Horizons First Plat a distance of 750.86 feet to the Northwest corner of said Tract A; thence South 65 degrees 23 minutes 32 seconds East along the Northerly line of said Tract A, a distance of 50.91 feet to a point; thence South 13 degrees 47 minutes 07 seconds West a distance of 114.95 feet to a point on the North line of said Lot 1; thence South 63 degrees 11 minutes 02 seconds West a distance of 39.51 feet to a point; thence South 13 degrees 47 minutes 07 seconds West a distance of 598.30 feet to a point; thence South 0 degrees 24 minutes 10 seconds West a distance of 3.35 feet to a point on the South line of said Lot 1; thence North 89 degrees 35 minutes 34 seconds West along the South line of said Lot 1 a distance of 20.00 feet to the POINT OF BEGINNING and containing 18,971 Square Feet or 0.436 Acres, more or less. Also, All that part of Lot 2, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri, described as follows: BEGINNING at the Northwest corner of Lot 2, Riverside Horizons East First Plat; thence South 89 degrees 35 minutes 50 seconds East along the North line of said Lot 2 a distance of 20.00 feet to a point; thence South 0 degrees 24 minutes 10 seconds West a distance of 487.00 feet to a point on the South line of said Lot 2; thence North 89 degrees 35 minutes 50 seconds West along the South line of said Lot 2 a distance of 20.00 feet to the Southwest corner thereof; thence North 0 degrees 24 minutes 10 seconds East along the West line of said Lot 2 a distance of 487.00 feet to the POINT OF BEGINNING and containing 9,740 Square Feet or 0.224 Acres, more or less. \ G :ON 1O3fOHd iigiyx2 iueweseD AmmI!In 0 00 \§77§ -0 co 0\ CO X = 2 w ,00 * «0maSer0 - 0 )®$o (b /2�/m RI' 3] c8 \CO m>me /?f/±%\a$&@� N00241OE 487 00' o ƒ9 n torz) CD Ei�� 0c.% �t 3O 30024'0'« 487.00' T 0 305,5£'.685 p 0