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Home My WebLink AboutR-2021-021 Permanent Drainage Easement from ALM Kansas City, LLC RESOLUTION NO. R-2021-021 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 a, p DAY OF � , 2021, BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI. APPROVED: yor Kathleen L. Aose ATTEST: City Clerk Robih Kincaid Recorded in Platte County, Missouri Recording Date/Time:03/05/2021 at 09:25:54 AM Instr Number: 2021004483 "0 """'' Book: 1351 Page: 831 oFa��ol Type: DE ESMT Pages: 7 Fee: $42.00 S RUNTY, ' Electronically Recorded Gloria Boyer 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: March 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 76561670.1 PERMANENT DRAINAGE EASEMENT THIS PERMANENT DRAINAGE EASEMENT, made this 51h day of March, 2021, by and between ALM Kansas City, LLC, a Delaware limited liability company, hereinafter 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 ground conditions, to excavate, fill, regrade, construct, install, operate, maintain, repair, inspect, rebuild, remove and relocate within the Easement Area, such drainage control facilities and all related appurtenances and equipment incidental thereto together with the right of access to and Ln from the Easement Area for its employees, agents, contractors, vehicles, materials and equipment. Grantee, its successors and assigns, shall have the right of ownership, use and G7 control of all storm sewers, underground pipe, manholes, catch basins, concrete drainage ways, CO 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 warrants 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 76561670.1 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 terms 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. pp w [SIGNATURE PAGES FOLLOWS] G7 00 w 76561670.1 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 exas real estate invest _S, o tee; GE ALLEN Title: Managing Director STATE OF_r,-)(0(5 ) ss. COUNTY OF eXUr ) w On this 4 day of March in the year 2021, before me appeared Lance A leo to me personally known, who, being by me duly sworn (or affirmed) did say that he/she is the M ��«GAt:r , of LM Logistics REIT,a Texas real estate investment trust, which is the 0 so a member of ALM KANSAS CITY,LLC, a Delaware limited liability company, and that said 00 w instrument was signed in behalf of said real estate investment trust by authority of its board of j directors, and said ulna r- Al k e n acknowledged said instrument to be the free act and deed of said real estate investment trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. Notary lk in and for Said County and State 1 k- (Type,pri or stamp the Notary's ndne below his or her signature.) My Commission Expires: L4 N^ MAAYANN SANTIAGO Notary Public.State of Tema My Comm.EW 11-04-2024 10 NO.13276 W3 76561670.1 IN WITNESS WHEREOF, Grantee has caused these presents to be signed as of the date first written above. GRANTEE: City of Riverside,Missouri By: l - tMayorKathleen L. ose ATTES1 t�e STATE OF MISSOURI ) ss. COUNTY OF PLATTE ) 100 ON THIS �day of�, 2021, before me personally appeared Kathleen L. Rose, Mayor of the City of Riverside, a municipal corporation,to me known to be the person described 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 Permanent Drainage Easement to be the free act and deed of the City of Riverside. 00 w IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in j 1} � County, the day and year last above written. (SEAL) , ROBIN L.KINCA O a s Mycommisskm ;res Printed Name: IK;,�>eA �r. I, TAAY' March 8,2023 A- Clinton County Notary Public in and for said State .."Al Commission#15390631 Commissioned in (`,Il;n fo,� County My Commission Expires: t a g -�.Oa-3 Error!Unknown document property name. Exhibit A Legal Description DRAINAGE EASEMENT EXHIBIT All that part of Lot 1, RIVERSIDE HORIZONS WEST FIRST PWT, a subdivision of land in the City of Riverside,Platte County, Missouri,being described by Jed A.M. Baughman, Missouri LS-2014020708 of Renaissance Infrastructure Consulting as follows: Beginning at the Southeast corner of said Lot 1,said point also being on the Westerly right-of-way line of NW Helena Road,as it now exists;thence North 89°24'06" West,along the South line of said Lot 1, a distance of 991.78 feet;thence North 00°35'54" East,a distance of 15.00 feet; thence South 8924'06" East,a distance of 991.71 feet to a point on said Westerly right-of-way line;thence South 00"20'28" West,along said Westerly right-of-way line,a distance of 15.00 feet to the Point of Beginning, containing 14,876 square feet,or 0.342 acres, more or less. IOU w 00 w s 76561670.1 Drainage Easement Exhibit Exhibit A i i f� y z ' NQR } i 0 Wor 201' 44 a Q Ln UA a y � 7 AREAJAZtM Sr, rQ,.z AMS 3 x sd�ia nF7 99'�1 A'992j'Cf."1419'./C' ZZ 1_[C1L R UNE, LUT I-/ d i �c Pawl Or&FGL%WkG !ih 5E COP., � W all I M 00 � F i Renaissance Infrastructure Consulting 76561670.1 IN WITNESS WHEREOF, Grantee has caused these presents to be signed as of the date first written above. GRANTEE: City of Riverside, Missouri t 7 �-� ♦ By: - Mayor Kathleen L. Rose ATTES STATE OF MISSOURI ) ss. COUNTY OF PLATTE ) ON THIS day js�, 2021, before me personally appeared Kathleen L. Rose, Mayor of the City of Riverside, a municipal corporation, to me known to be the person described 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 Permanent Drainage Easement to be the free act and deed of the City of Riverside. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in 'q-t County,the day and year last above written. (SEAL) , �aY P(je• ROBIN L.KINCAID = I;NARY : My Comsion misExpires Printed Name: March 8,2023 rl Clinton County Notary Public in and for said State Commission#15390631 Commissioned in ('�;n o,� County My Commission Expires: G�e./� Error!Unknown document property name. Exhibit A Leal Description DRAINAGE EASEMENT EXHIBIT All that part of Lot 1, RIVERSIDE HORIZONS WEST FIRST PLAT, a subdivision of land in the City of Riverside, Platte County, Missouri, being described by led A.M. Baughman, Missouri LS-2014020708 of Renaissance Infrastructure Consulting as follows: Beginning at the Southeast corner of said Lot 1,said point also being on the Westerly right-of-way line of NW Helena Road,as it now exists; thence North 89"24'06"West, along the South line of said Lot 1,a distance of 991.78 feet;thence North 00°35'54" East,a distance of 15.00 feet;thence South 89'24'06" East, a distance of 991.71 feet to a point on said Westerly right-of-way line;thence South 0020'28" West, along said Westerly right-of-way line, a distance of 15.00 feet to the Point of Beginning, containing 14,876 square feet,or 0.342 acres, more or less. Error!Unknown document property name. Drainage Easement Exhibit BftUA r k0RI 1 1+=2W 0 W 2W 41 ® S Q Plat Bearings a :.OT I 2 ItWER&lam rl�c RM * SE - �; ; w x AOWA 14AM Sry w SF 3 S8924r06T W.77' 2 Z222=7=227r, 'A a ��.'ne'tr s�.2a• suilEr uar t cam.for I REPLAT OF COONSK IST MAT � ut. 14AA"�i d.Ae ii_D n.M1i. * U ' IM * - i 'i N.t, +ct � Rewssance infrastructure Consutting srr«2*021 40*ft a,qw em Error! nknown document property name.