HomeMy WebLinkAboutR-2021-019 Trail Easement and Temporary Construction Easement from Patriots Bank n/k/a Central Bank of the Midwest RESOLUTION NO. R-2021-019
A RESOLUTION ACCEPTING A TRAIL EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT FROM PATRIOTS BANK, A MISSOURI BANKING
CORPORATION, NOW KNOWN AS CENTRAL BANK OF THE MIDWEST
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Riverside Board of Aldermen ("Board") hereby approves and accepts the
Trail Easement document and the Temporary Construction Easement document, in
substantially the form attached hereto, from Patriots Bank, a Missouri banking
corporation, now known as Central Bank of the Midwest., and authorizes the Mayor to
execute such easement document on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, the City Clerk 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, including recording the Trail Easement, and the
Temporary Construction Easement, with the Platte County Recorder of Deeds.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the lG u_ day of ,rE�4"RIS 2021.
L��Q'�6CtiC-C/�
Mayor Kathleen L. Rose
ATTEST:
Robin Kincaid, City Clerk
Recorded in Platte County, Missouri
Recording Date/Time: 02/23/2021 at 03:30:09 PM
Instr Number: 2021003752Wotph.',-
` 4oPp ER op OFFo
Book: 1351 Page: 105
Type: DE ESMT
Pages: l
Fee: $42.00 S
IIII III IIIE 1111 I 1U �,,,�,g01��
id��i
Grantor: PATRIOTS BANK Gloria Boyer,
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Recording Cover Sheet
Title of Document: Trail Easement
Date of Document: FE� tb
2021
Grantor(s): Patriots Bank, a Missouri banking corporation
now known as Central Bank of the Midwest
609 N. 291 Hwy
Lee's Summit, MO 64086
Grantee's Name City of Riverside, Missouri
and Address: 2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A.
After recording,please return to:
l/ City of Riverside
Attn:Noel Challis
2950 NW Vivion Road
Riverside, Missouri 64150
1
Book i � 1 Pa:kge 105
TRAIL EASEMENT
THIS
THIS AGREEMENT, made this day of I'� (LI'tq p��� , 2021, by and
between Patriots Bank, a Missouri banking corporation, noNk known as Central Bank of the
Midwest,owner of the property herein described, hereinafter known as"Grantor", and the City of
Riverside, Missouri, a municipal corporation, hereinafter known as"Grantee".
WITNESSETH, that the Grantor, in consideration of the sum of Ten ($10.00) Dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors
and assigns, a Trail Easement over, under and through the following described real estate being
and situated in the County of Platte, and the State of Missouri,to-wit:
See Exhibit A.
Grant of Easement for Trail Facilities
Grantee shall have the right to lay out, construct, develop, operate, maintain, identify, bridge,
repair,remove or relocate a meandering trail path,to be located within the Trail Easement;to make
topographical changes within the Trail Easement for the necessity.and convenience of locating the
trail and to protect the trail from erosion by the use of bridges, steps, water diversion structures or
special trail surface covers or other appropriate measures;to post signs marking the trail footpath;
to manage vegetation through selective planting or removal of trees or exotic or nuisance plant
species, in order to maintain and enhance the scenic, natural and ecological value of the Trail
Easement; mow, cut or remove soil, rock or vegetation; apply gravel, crushed stone, wood chips
or paving, or other means of creating the trail surface (if any) and/or identifying the trail's path.
These construction and maintenance activities may include vehicular use.
Grant of Easement for Public Access
Grantee shall have the right to make available to the public a perpetual easement and right-of-way
over the Trail Easement and the right to use trail facilities for the purposes of walking,jogging,
running,bicycling and like activities,but specifically excluding all motorized vehicles except i)as
authorized by Grantee for maintenance, management, police and emergency purposes, or ii)
power-driven mobility devices for use by persons who have mobility impairments. Grantee shall
have the right to regulate public access to, and activities within, the Trail Easement, provided
further that Grantee shall have the right to prohibit public access and use from time to time as
deemed necessary by Grantee through the installation of gates or other obstructions, and to limit
access by or exclude the public by appropriate means from any portion of the Trail Easement.
Grantee shall cause Grantor to be included as an additional insured on its liability coverage as to
all claims, damages, or actions arising from the trail's public access.
No Obstruction
Grantor shall not construct or place temporary or permanent buildings, gates, signage or other
structures upon the Trail Easement or obstruct Grantee's right of passage on the trail within the
Trail Easement Area, provided however, that nothing shall prohibit Grantor from otherwise
developing Grantor's property in accordance with regular City development regulations. Grantor
2
shall have the right, but not the obligation, to perform maintenance and repairs to the Trail
Easement Area in the event that Grantee fails to correct any deficiencies or perform any repairs
within thirty(30)days of written notice thereof by Grantor and/or Grantor's tenant,or immediately
in the case of an imminent danger to persons or property or a condition that jeopardizes the
continuance of business operations on Grantor's property.
Binding Covenant
The easement granted herein shall constitute an easement running with the land in perpetuity and
shall burden the lands described above.
Termination
In the event that Grantee determines that the Trail Easement is no longer needed or desirable,
Grantee may terminate said Easement by written release instrument duly signed by Grantee and
fully acknowledged, and recorded in the land records of Platte County, Missouri. This Trail
Easement may only be modified or amended by written instrument executed by the parties(or their
successors in interest)and recorded in the land records of Platte County, Missouri.
IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this day
of ,Qy��q ,2021.
3
BeDvD k_ 13-51 F'a. q 1 f]c
GRANTOR:
PATRIOTS BANK, A MISSOURI BANKING
CORPORATION NOW KNOWN AS CENTRAL
BANK HE MIDWEST
By:
Printed Name: J Z 4 t /U L -
Title: e\J
STATE OF M,SSo Lo"t )
l ) ss.
COUNTY 50r--
ON
0r-ON THIS day ofeF ). 2021, before me personally appeared ae,4e M S'tk r
p 6 ro (Title),of Patriots Bank,a Missouri banking corporation,now
known as Central Bank of the Midwest,to me known to be the person described in and who executed
the foregoing instrument on behalf of said corporation and acknowledged to me that she/he executed
the same with authority on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in
Mr,g sor, County, the day and year last above written.
(SEAL)
OX Y PGeln: KATHLEENy Commi Commission Expires ER
M
NOTARY ,_ Printed Name:
4,2021 14dk �en,e; e r
SEAL.o : Lafayette County Notary Public in and for said State
OFM�SS' Commission#13433161 Commissioned inedi_County
My Commission Expires: ,,,�_T0 '
d
4
Er k: 1 -=' 1 F'-:—i. 1 CIS
GRANTEE
CITY OF RIVERSIDE, MISSOURI:
By:
Printed Name: Kathleen L.Rose
Title: Mayor
ATTEST-
-
Robin Kincaid,City-Clerk
STATE OF MISSOURI )
ss:
COUNTY OF PLATTE )
ON THIS I&q day of�PGL"J%a-w , 2021, before me, personally appeared the honorable
Kathleen L. Rose to me personally knowTn, who being by me duly sworn, did say that she is the
Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument was
signed on behalf of said City of Riverside, Missouri by authority of its Board of Aldermen, and
Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside,
Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office
in�At+F County,the day and year last above written.
(S*A0
ROBIN L.KINCAID
My Commission Expires
NOTARY am_•= March 8,2023 Printed Name: Robin K ncaid
SEAL. Clinton County 9� 0; ri Notary Public in and for said State
Comrnissbn#15390631 Commissioned in Platte County
My Commission Expires: a-t
5
B c- D k: 1351 P a.g a_ 105
Exhibit A
All that part of the North One-Half of Section 4, Township 50, Range 33, Riverside, Platte
County, Missouri, described as follows: commencing at the Southwest corner of the Northeast
Quarter also being the Southeast corner of the Northwest Quarter of said Section 4;thence North
00 degrees 27 minutes 09 seconds East along the West line of the Northeast Quarter of said
Section 4 also being the East line of the Northwest Quarter of said Section 4, a distance of
369.53 feet to the Point of Beginning of the tract of land herein to be described;thence North 49
degrees 16 minutes 15 seconds West, a distance of 88.00 feet;thence North 59 degrees 12
minutes 23 seconds East, a distance of 66.58 feet;thence South 84 degrees 26 minutes 03
seconds East, a distance of 61.56 feet to the Westerly Right-of-way line of Gateway Drive;
thence South 05 minutes 39 minutes 54 seconds East,along said Right-of-way line, a distance of
50.00 feet;thence South 57 degrees 45 minutes 12 seconds West, a distance of 67.05 feet to the
Point of Beginning.
6
E.-Diz, k 1 :351 Pa- ge 105
PLAT OF DESCRIPTION
Pi pared By.
AYLETT SURVEY do ENGINEERING COMPANY
LAND SURVEWNG N LAND PLANNING N CIVIL ENGINEERING
201 NW 72ND STREET — GLADSTONE, MISSOURI 64116
Phone: 436-0732 — Fax: 436-0767
Temporary Construction Easement Descr;ption: ORDERED BY:
A# that part of the Northeast Quarter of Section 4, Township 50, Range o City of Riverside
33, Riverside Platte County, Missouri, described as follows: commencing k�
at the Southwest corner of the Northeast Ouarter of said Section 4,• 0, JOB NO.: 54192
thence North 00 degrees 27 minutes 09 seconds East along the West
line of the Northeast Quarter of said Section 4, a distance of 460.04 1 0�I DATE: 02/12/2021
feet, to the Point of Beginning of the tract of land herein,• thence w
continuing North 00 degrees 27 minutes 09 seconds East along said line, w
a distance of 66 13 feet thence North 84 degrees 20 minutes 06 y ,�
seconds East, a distance of 55.75 feet to the Westerly Right-of-way line
of Northwest Gateway Drive,• thence South 07 degrees 55 minutes 05 N,64-20'06E
seconds East, along said Right-of-woy line a distance of 7580 feet; 55.75 ——
thence continuing along said Right-of-way line South 84 degrees 20 — _
minutes 06 seconds West, a distance of 15.46 feet,• thence North 84
degrees 26 minutes 03 seconds West, a distance of 51.30 feet to the
Point of Beginning, Z a
Permanent Trail Easement Description:
A# that part of the North One-Half of Section 4, Township 50, ;� 0
Range 33, Riverside, Platte County, Missouri, described as follows. V C),
commencing at the Southwest corner of the Northeast Quarter also p �) Temporary 0�0
being the Southeast corner of the Northwest Quarter of said N ti
t
Consrucon o t
w.I pp U
!
Section 4,- thence North 00 degrees 27 minutes 09 seconds East Nq k1 Construction �
along the West line of the Northeast Quarter of said Section 4 also O'*1 Easement
being the East line of the Northwest Quarter of said Section 4, a Z 4386.40 Sq. Ft. O
distance of 369.53 feet to the Point of Point of Beginning More or Lessj
Beginning of the tract of land herein to Temporary Construction
be described; thence North 49 degrees Easement � N842819
15 minutes 15 seconds West, a distance 51,30'
of 88.00 feet; thence North 59 degrees /
12 minutes 23 seconds East, a distance 3 E // 8156-0 '
of 66.58 feet,- thence South 84 degrees Z�ZA' / S'84 ,• 1 15 4� .
26 minutes 03 seconds East, a distance �yg�6,5�/ "� �6 0�3 E S$470 06 W
of 61.56 feet to the Westerly Right-of-way 6/ y ( (n
line of Gateway Drive,- thence South 05 U
minutes 39 minutes 54 seconds East, // S 1 I O CN
along said Right-of-woy line, a distance,
of 50.00 feet; thence South 57 degrees Permanent �Q
45 minutes 12 seconds West, a distance \ Troll Easement ' ,
of 67.05 feet to the Point of Beginning. �` o� I 7052.11 Sq. Ft.
More or Less
pE MISSA
* z ARY * o M // 61 ky'�2 ,(eeV-
w KM �C,
.ON
-,a�, sW w I sW Point of Beginning
.!�0 ' S %I
� R� Permanent Trail Easement
NAL LA�►Q °' o
Point of Commencement Point of Commencement
SCALE]=30Southeast Corner of the 2 Southwest Corner of the
AMPEEM Northwest (,quarter of Northeast Quarter of
4-50-33 !1 4-50-33
30 15 0 30 ACADN aME
Recorded in Platte County, Missouri
Recording Date/Time: 02123/2021 at 03:30:09 PM
instr Number: 2021003751 ''"""
��'PpER OFA
Book: 1351 Page: 104 e
Type: DE ESMT
Pages: 6
Fee: $39.00 S
III IN 1 Ci\\�
Grantor: PATRIOTS BANK Gloria Boyer,
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Recording Cover Sheet
Title of Document: Temporary Construction Easement
Date of Document: ►4Q J_4;—m,2021
Grantor(s): Patriots Bank,a Missouri banking corporation,
now known as Central Bank of the Midwest.
609 N.291 Hwy
Lee's Summit,MO 64086
Grantee's Name City of Riverside,Missouri
and Address: 2950 NW Vivion Road
Riverside,Missouri 64150
Legal Description: See Exhibit A.
JAfter recording, please return to:
City of Riverside
Attn:Noel Bennion
2950 NW Vivion Road
Riverside, Missouri 64150
1
B._..D k: 1351 p a-q 104
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT, made this I� day of FEB R IJ 4" , 2021, by
and between Patriots Bank, a Missouri banking corporation, now known as Central Bank of
the Midwest, owner of the property herein described, hereinafter known as"Grantor", and the
City of Riverside,Missouri,a municipal corporation,hereinafter known as"Grantee".
WITNESSETH,that the Grantor,in consideration of the sum of Ten($10.00)Dollars and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its
successors and assigns, a Temporary Construction Easement in conjunction with the
construction of a trail, including but not limited to, landscaping, grading and sloping; the
storage of materials; the operation of equipment; and the movement of a working force on,
over, along, across, and under the following described real estate being and situated in the
County of Platte,and the State of Missouri,to-wit:
See Exhibit A.
This temporary construction easement shall expire upon the date of completion of the
improvements related to the trail. Grantee shall restore the ground insofar as practicable to its
original condition, after construction of said trail, or any subsequent maintenance or repair
operations.
IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this
day of F zUAM ,2021.
2
E" F 1 3.5 1 P a. 10 4
GRANTOR:
PATRIOTS BANK,
A MISSOURI BANKING CORPORATION,
NOW KNOWN AS CENTRAL BANK OF THE
MIDWEST
By:
Printed Name: S'[�V� . SU G2TV_
Title:
STATE OF /n ss�'��,• )
�) ss.
COUNTY jRc,KSo r )
ON THIS t day of e, ,_, 2021,before me personally appeared Sia c M. S tk c r
P U P/ C FO (Title),of Patriots Bank, a Missouri banking corporation,
now-as Central Bank of the Midwest,to me known to be the person described in and who
executed the foregoing instrument on behalf of said corporation and acknowledged to me that
she./he executed the same with authority on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in
County, the day and year last above written.
,,,,(SEAL)
.�Pµy p" KATHLEEN D.FINKEMEIER
�k Yit,; My commission Expires
i* NOTARY _ May 4,2021 – L— . 4,
� SEAL. Lafayette County Printed Name: a-tf%,A e-'e Q• `n eme e r
'•;9j� ,'.. commission#13433161 Notary Public in and for said State
Commissioned in County
My Commission Expires: nngw �(, R a-m _
01
3
BtD k: 13-51 Pa. q e 104
GRANTEE
CITY OF RIVERSIDE,MISSOURI:
By:
Printed Name: Kathleen L. Rose
Title: Mayor
ATTEST:
Robin Kincaid,City C' krk.
STATE OF MISSOURI )
)ss:
COUNTY OF PLATTE )
ON THIS,&A day of 2021,before me,personally appeared the honorable
Kathleen L.Rose to me personally know ,who being by me duly sworn,did say that she is the
Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument
was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen,
and Mayor Rose acknowledged said instrument to be the free act and deed of said City of
Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my
office in County,the day and year last above written.
(SEAL,,,,,,
:�p,RY P(� " ROBIN L.KINCAID
• �1�: My Commission Expires
NOTARY '= March 8,2023 Printed Name: Robi Kincaid
SEAL.o Clinton county Notary Public in and for said State
Commission#15390631 Commissioned in Platte County
My Commission Expires:
4
6=D k. 1351 pa_ g e 104
Exhibit A
All that part of the Northeast Quarter of Section 4,Township 50, Range 33, Riverside, Platte
County, Missouri,described as follows: commencing at the Southwest corner of the
Northeast Quarter of said Section 4;thence North 00 degrees 27 minutes 09 seconds East
along the West line of the Northeast Quarter of said Section 4,a distance of 460.04 feet,to
the Point of Beginning of the tract of land herein;thence continuing North 00 degrees 27
minutes 09 seconds East along said line,a distance of 66.13 feet;thence North 84 degrees 20
minutes 06 seconds East, a distance of 55.75 feet to the Westerly Right-of-way line of
Northwest Gateway Drive;thence South 07 degrees 55 minutes 05 seconds East,along said
Right-of-way line a distance of 75.80 feet;thence continuing along said Right-of-way line
South 84 degrees 20 minutes 06 seconds West,a distance of 15.46 feet;thence North 84
degrees 26 minutes 03 seconds West,a distance of 51.30 feet to the Point of Beginning.
5
Pccik 1351 P-s-. ge 104
PLAT OF DESCRIPTION
Prepared By.
AYLETT SURVEY do ENGINEERING COMPANY
LAND SURVEYING N LAND PLANNING N CIVIL ENGINEERING
201 NW 72ND .STREET — GLADSTONE, MISSOURI 64115
Phone: 436-0732 a Fax: 436-0767
Temporary Construction Easement Description: ORDERED BY.-
All that part of the Northeast Quarter of Section 4, Township 50, Range o City of Riverside
33, Riverside, Platte County, Missouri, described as follows: commencing t"
at the Southwest corner of the Northeast Ouarter of said Section 4,• o`"� JOB NO.: 54192
thence North 00 degrees 27 minutes 09 seconds East along the West
line of the Northeast Ouarter of said Section 4, a distance of 460.04 ( a- 1 O/4 02/12/2021
feet, to the Point of Beginning of the tract of land herein, thence o h
continuing North 00 degrees 27 minutes 09 seconds East along said line, I w w
a distance of 66.13 feet,- thence North 84 degrees 20 minutes 06 h
seconds East, a distance of 5575 feet to the Westerly Right-of-woy line z(n
of Northwest Gateway Drive- thence South 07 degrees 55 minutes 05 N,64-20'06"E
seconds East, along said Right-of-way line a distance of 7580 feet
thence continuing along said Right-of-woy line South 84 degrees 20
minutes 06 seconds West, a distance of 15.46 feet,• thence North 84
degrees 26 minutes 03 seconds West, a distance of 51.30 feet to the I I
Point of Beginning. I I 2
Permanent Trail Easement Descrl tion:
All that part of the North One-Half of Section 4, Township 50 ;� I
Range 33, Riverside Platte County, Missouri, described as follows I I V a
commencing of the Southwest corner of the Northeast Quarter also O i)I Temporary I sh 0
being the Southeast comer of the Northwest Ouarter of said 1� '- Op U `*
I Construction I b
Section 4,• thence North 00 degrees 27 minutes 09 seconds East SNI�d 0
along the West line of the Northeast Ouarter of said Section 4 also d SOI Easement I "C
being the East line of the Northwest Quarter of said Section 4, a Z I 4386.40 Sq. Ft. I n9 vz�
distance of 369.53 feet to the Point of Point of Beginning i More or Less I
Beginning of the tract of land herein to Temporory Construction
be described- thence North 49 degrees Easement N8426 O3"W I
16 minutes 15 seconds West, a distance
of 88.00 feet, thence North 59 degrees /-" 51.30'
12 minutes 23 seconds East, a distance 0�E // I '
of 66.58 feet thence South 84 degrees 59.j2, A'// I f S84�6 0.3"E' �,¢�(J'06"W
26 minutes 03 seconds East, a distance ?'
of 6156 feet to the Westerly Right-of-woy 0 66/ y I I (p
line of Gateway Drive- thence South 05
minutes 39 minutes 54 seconds East,
along said Right-of-way line, a distance/
of 5000 feet; thence South 57 degrees \ I Permanent 10
45 minutes 12 seconds West, a distance N. I Troll Easement I
of 67.05 feet to the Point of Beginning. \` `o� ( 7052.11 Sq. Ft.
\ d o More or Less I
OF MISS0
//�X12 V1 e�
* z ARY * ®� \ I / 6 ate
Point of Beginning
Permanent Trail Easement
LLp�9
� o � o
Point of Commencement Point of Commencement
SCALE]=.30 Southeast Corner of the 2 �2 Southwest Corner of the
Northwest Quarter of Northeast Quarter of
4-50-33 !� 4-50-33
30 15 0 30 ACADNAME