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HomeMy WebLinkAboutR-2023-011 Approving and Aceepting a Temporary Easement From Donald AlexanderRESOLUTION NO. R-2023-011 A RESOLUTION APPROVING AND ACCEPTING A TEMPORARY EASEMENT FROM DONALD D. ALEXANDER AND FAYE L. ALEXANDER, HUSBAND AND WIFE A/KIA DONALD ALEXANDER AND FAYE ALEXANDER HUSBAND AND WIFE FOR THE VIVION ROAD TRAIL PROJECT WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best interest of the public to acquire a temporary construction easement further described herein in connection with construction of the Vivion Road Trail Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board of Aldermen ("Board") hereby approves and accepts the Temporary Construction Easement, in substantially the form attached hereto, from Donald D. Alexander and Faye L. Alexander, husband and wife a/k/a Donald Alexander and Faye Alexander husband and wife, and further authorize the Mayor to execute the easement on behalf of the City; and FURTHER THAT compensation in the amount of $10.00 for the Temporary Construction Easement is hereby approved to acquire such Temporary Construction Easement; 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 AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 7th day of February 2023. Ma r Kathleen L. Rose ATTEST: Robin Kincaid, . - ity,Clerk 1 1, Recorded in Platte County, Missouri Recording Date/Time: 02/09/2023 at 10:09:43 AM Instr Number: 2023001185 ....... Book: 1389 PoEp di e: ,......p Type: DE ESMT Pages: 7 Fee: $42.00S III IN III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Grantor: ALEXANDER, DONALD D nuo Christopher L. Wrl t Grantee: RIVERSIDE MO CITY DE Recorder of Deeds Recording Cover Sheet Title of Document: Temporary Construction Easement Date of Document: FE 1_ 2023 Grantor(s): Donald D. Alexander and Faye L. Alexander, husband and wife a/k/a Donald Alexander and Faye Alexander, husband and wife 7718 N Pomona PI Kansas City, MD 64152-4216 Grantee's Name City of Riverside, Missouri and Address: 2950NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A. After recording, please return to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made this jZ day of Sp,�up,Q� , 2023 by and between Donald D. Alexander and Faye [.. Alexander, h band and wife a/k/a Donald Alexander and Faye Alexander, husband and wife, 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 ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Temporary Construction Easement in conjunction with the construction of a trail, including but not limited to, landscaping, grading and sloping; the storage of materials; the operation of equipment; and the movement of a working force on, over, along, across, and under the following described real estate being and situated in the County of Platte, and the State of Missouri, to -wit: See Exhibit A. This temporary construction easement shall expire thirty-six (36) months from the date of its execution. Grantee shall restore the ground insofar as practicable to its original condition, after construction of said trail, or any subsequent maintenance or repair operations. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed this .0 710- day of ZAA ..,"l 2023. Donald D. Alexander and Faye L. Alexander, husband and wife a/k/a Donald Alexander and Faye Alexander, husband and wife ("GRANTOR"): Printed Name: .Donald �[D. Alexander Title:�- Printed Name: Faye Alexander Title: eow'70 J STATE OF ss. COUNTY �">� ) ON THIS *& day 'o"f��' 20Zj before me personally appeared OCi'0 Q. ���a of Donald D. Alexander and Faye L. Alexander, husband and wife a/k/a Donald Alexander and Faye Alexander, husband and wife, to me known to be the person described in and who executed the foregoing instrument on behalf of said limited liability company and acknowledged to me that she/he executed the same with authority on its behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in Q\3ie County, the day and year last above written. Printed Name: 1z-ftCa\-' Notary Public in and for said State Commissioned in C-K-V0M Cn.,Nl4A County `- - My Commission Expires: `�L VIM=MY 'AONER - Notary SealINI$SO[1RICowryhes: Nov. 13, 20233 #11247184 STATE OF ss. COUNTY�� ) ON THIS Qjl� day of 2023 before me personal) appeared FOsAe A\QY Z2 & ( of Donald D. Alexander and Faye L. Alexander, husband and wife a/k/a Donald Alexander and Faye Alexander, husband and wife, to me known to be the person described in and who executed the foregoing instrument on behalf of said limited liability company and acknowledged to me that she/he executed the same with authority on its behalf. IN YTNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in �� County, the day and year last above written. (SEAL Printed Name: Notary Public in and for said State Commissioned in CNA-*Cc� CGtN% County My Commission Expires: Cl `�2.� \3,'�a`� SARAH WAGNER Notary Public -Notuy Sal STATE OF MISSOURI Clinton County My Commission Expires: Nov. 13, 2023 COMadminn #112771 S4 CITY OF RIVERSIDE, MISSOURI: ("GRANTEE") 0 By: AA P Printed Name: Kathleen L. Rose Title: Mayor obin Kincaict,Cr Clerk STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS — day of 202_ 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 —f�-• rii�� County, the day and year last above written. (5s�P lN.! F(� ROBIN LIDNGID NNAW. _ Myom"KsbnEVhe5 . March e.2029 Primed Name: Robin Ki caid Chun Go ry Notary Public in and for said State •�; Cwnalsion#15mm Commissioned in Platte County My Commission Expires" 5 Exhibit A A 5 feet wide strip of land being a portion of Tracts I and 2 as described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for Platte County, Missouri as Instrument No. 2021015586 in Book 1362 at Page 870, said Tracts of land being situated in the Northeast Quarter of Section 4, Township 50 North, Range 33 West in the City of Riverside, in said County and State. Said 5 feet wide strip of land being now more particularly described as follows: Beginning at the intersection of the South line of Tract 1 of the aforesaid Missouri Warranty Deed with the Westerly right -of --way line of NW St. Joe Boulevard as now established, said point being 841.5 feet South of the North line of the Northeast Quarter of aforesaid Section 4 as measured perpendicular to the North line thereof; thence N 31°36'37" E along the Westerly right-of-way line of said NW St. Joe Boulevard, a distance of 18.97 feet; thence Northeasterly along a curve to the left, continuing along the Westerly right-of- way line of said NW St. Joe Boulevard, said curve having an initial tangent bearing of N 30008'53" E, a radius of 2,048.22 feet and a central angle of 5027'34", an are length of 195.17 feet thence N 65'18'42" W departing from the Westerly right-of-way line of said NW St. Joe Boulevard, a distance of 5.00 feet; thence Southwesterly along a curve to the right, said curve being 5.00 feet Westerly of and parallel with the Westerly right-of-way line of said NW St. Joe Boulevard and having an initial tangent bearing of S 24'41' I8" W, a radius of 2,043.22 feet and a central angle of 5027'28", an am length of 194.63 feet; thence S 31 °36'37" W, not tangent to the last described curve and continuing along a line 5.00 feet Westerly of and parallel with the Westerly right-of-way line of said NW St. Joe Boulevard, a distance of 21.94 feet to a point on the South line of Tract 1 of said Missouri Warranty Deed; thence S 89036'37" E along the South line of Tract 1 of said Missouri Warranty Deed, a distance of 5.85 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate / License No.2012009395 Containing 1,077 square feet, more or less. The basis of bearing for this description are based on the Missouri State Plane Coordinate System, NAD 83, West Zone. EXHIBIT A ,J\J\O 0 J � �50 Q DOC,2202 oissas BK 1362 PG $70 -10 TRACT 1 DM 202101SS66 BK 1362 PG 670 5.00, S. UNE DOC. 100015566 SK 1562 PG. 870 n N NORTH 0 25 50 (IN FEET) 1 inch = 50 n. ALthANUtK E".NEEe DNA. gr i VIVION TRAILS M.EBLEN J.SURNETTE iTw swm m.w sTe ion 6E'^scets EASEMENT WRr[roR CREW CHIEF i MSC L U R E" oM ✓.mm Ma� .116 " 'r` as KANSAS CITY $ WHITAKER .a,o m MISSOURI SKETCH NO 4y COA'..,.(Nl9l 201353i 70 making lives OelteT. exr Res..., x)xx MAY 23, 2022 EXH-01