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Home My WebLink AboutR-2021-026 Permanent Drainage Easement from The City of Riverside RESOLUTION NO. R-2021-026 A RESOLUTION ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM THE CITY OF RIVERSIDE 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 the City of Riverside 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 //,P]9'DAY OF ' 2021, BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI. APPROVED: Mayor Kathleen L. Rose ATTEST: City Clerk Robin]Kincaid Recorded in Platte County, Missouri Recording Date/Time: 03/19/2021 at 03:30:44 PM Instr Number: 2021005559 "" Book: 1352 Page: 902 Type: DE ESMT m Pages: 7 Fee: $42.00 S r' I IIIIIIIIII IIIIIIIIII II IIII IIIIIIII III s��UNTv',��'�9�0``\• lei i Grantor: RIVERSIDE CITY OF Gloria Boyer, Grantee: RIVERSIDE CITY OF Recorder of Deeds Recording Cover Sheet Title of Document: Permanent Drainage Easement Date of Document: 16AA-1 2021 Grantor: City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 Grantee: City of Riverside 2950 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 Boo k 1352 P'a g a 902 PERMANENT DRAINAGE EASEMENT THIS PERMANENT DRAINAGE EASEMENT, made this _��day of , 2021, by and between the City of Riverside, Missouri, a municipal corporation, 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 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 control of all storm sewers, underground pipe, manholes, catch basins, concrete drainage ways, 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 E:.-D k: 1352 Pa-9 e 902 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. [SIGNATURE PAGES FOLLOWS] B.D.D k: 13 5 2 P'.:�.• g e X 0 2 IN WITNESS WHEREOF, Grantee has caused these presents to be signed as of the date first written above. GRANTOR: City of Riverside, Missouri By: f_ - May Kathleen L. Rose ATTEST. STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) ON THIS ja�" day of yy1-L, 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 4(6#6 County, the day and year last above written. S�eL �U)- ROBIN L.KINCAID 2�fIOTARYG�'_ My Commission Expires March 8,2023 Printed Name: SEALClinton County Notary Public in and for said State � Commission#15390631 Commissioned in 0j,:0-;�o A County My Commission Expires: -2) IN WITNESS WHEREOF, Grantee has caused these presents to be signed as of the date first written above. Btnt-n k 1352 Pat g e 902 GRANTEE: City of Riverside, Missouri By: i)x ayor Kathleen L. Rose ATTEST: STATE OF MISSOURI ) ss. COUNTY OF PLATTE ) ON THIS 1�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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in —I'AIG7 County,the day and year last above written. (SEAL) �ppY F(%'' ROBIN L.KINCAID _�' %� My Commission Expires : ��Tw�v : Printed Name: :.2!.: , March 8,2023 SEA . rancor,County Notary Public in and for said State Connission#15390631 Commissioned in C County My Commission Expires: a �� 3 BtD.Dk 1352 Pa- ge 902 Exhibit A Lelzal Description DRAINAGE EASEMENT EXHIBIT All that part of Lot 4, REPLAT OF DOORLINK, 1'T PLAT,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 Northeast corner of said Lot 4,said point also being on the Westerly right-of-way line of NW Helena Road,as it now exists;thence South 0020'28" West, along said Westerly right-of-way line,a distance of 39.02 feet; thence North 61'33'37" West,a distance of 51.43 feet;thence North 89'24'06" West, a distance of 946.48 feet;thence North 00°35'54" East,a distance of 15.00 feet to a point on the North line of said Lot 4;thence South 89"24'06" East,along said North line,a distance of 991.78 feet to the Point of Beginning,containing 15,422 square feet,or 0.354 acres, more or less. Boa k 1352 PaL g a 902 Drainage Easement Exhibit Exhibit A t f ti0 R t tx I 1'=200' ® � o 0 1w 2t10' O Plat Bearings LOT 1 tt Q Mm"10F(q)(Amome was!SMD FV,Y Z Lu AREA 1$422 IF. W x354 ACWS t I t>< x oOR.. LOT/ 3 S8974'0f�E 991 78' fk Lxrr~ LOT 1 2 N0025'WE N89741X 916.48' 1800' 0f4 i EF'+tJA7 aQ01R1,iMK,1ST P4-AT 39.02'sUD72 r Renaissance infrastructure Consulting 11 shpt 2 of 2