HomeMy WebLinkAboutR-2023-033 Approving Agreement related to Stormwater Management Control in the 3rd and 4th Plats Montebella & Accepting Easements related to RESOLUTION NO. R-2023- 033
A RESOLUTION APPROVING AN AGREEMENT RELATED TO STORMWATER
MANAGEMENT CONTROL IN THE 3RD AND 4T" PLATS OF MONTEBELLA, AND
ACCEPTING EASEMENTS RELATED TO THE SAME
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Agreement, attached hereto and incorporated herein in its substantial form,
with Elmcreek Development, Inc., The Havens Construction Co., Inc., and KOL Land LLC
regarding stormwater management control in the 3rd and 4t" Plats of Montebella, is approved,
and the Mayor is authorized to sign the Agreement on behalf of the City; and
FURTHER THAT the Stormwater Drainage Easement, attached hereto and incorporated
herein in its substantial form, is accepted, and the Mayor is authorized to sign the easement on
behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, Community Development Director,
City Engineer, 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.
2023.
PASSED AND ADOPTED by the Board of Aldermen the �y# dayof
Kathleen L. Rose, Ma or
ATTEST:
Robin Kincaid, City Clerk
Subject to approval by Riverside Board of Aldermen
AGREEMENT
This Agreement is entered into effective as of the date last executed by all of the parties
(the "Effective Date"), by and between the City of Riverside, Missouri (the "City"), Elmcreek
Development, Inc. ("Developer"), KOL Land LLC ("KOL"), and The Havens Construction Co.,
Inc. ("Contractor").
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
Background
1. The City approved Developer's Major Subdivision Final Plat for Montebella—3rd
Plat ("3`d Plat") and Montebella— 4d' Plat ("4d' Plat") (both collectively referred to herein as the
"Plats"). The Plats have not been released for recording.
2. The 3`d Plat's stormwater management should involve directing all stormwater to a
basin on Tract A in 3`d Plat ("3`d Plat Basin"). Field modifications resulted in some stormwater
being directed off-site through piping between Lots 145 and 146. See document titled Montebella
3`d Plat- Piped Drainage Area, Grading Plan, prepared by Renaissance Infrastructure Consulting,
version no. 4 dated September 16, 2022, incorporated herein by this reference.
3. The 4d'Plat's stormwater should involve directing all stormwater to a basin on Tract
A of the 2nd Plat("2nd Plat Basin"). The 2nd Plat Basin has not yet been designed or constructed.
4. Developer has requested that the City release the Plats for recording.
The 2nd Plat Basin
5. Developer agrees to build the 2nd Plat Basin in the southwest area of Tract A, 2nd
Plat,the location and sizing of which are to be determined in conjunction with the City Engineer.
Performance Bond
6. Contractor has provided the City with a Performance and Maintenance Bond in the
amount of $415,608.00 to secure to the City the satisfactory construction and maintenance of the
2nd Plat Basin and related infrastructure. The period within which the 2nd Plat Basin and related
infrastructure must be completed shall be one year.
7. Upon the Effective Date, the City accepts the Plats' public improvements for the
improvements constructed, inspected, and accepted to-date and releases the Plats for recording in
Platte County, Missouri.
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Subject to approval by Riverside Board of Aldermen
The 311 Plat's Stormwater Management
8. Developer shall grant the City a Stormwater Drainage Easement for the stormwater
piping between Lots 145 and 146, 3`d Plat, subject to approval and acceptance by the City's Board
of Aldermen.
9. Developer shall grant the City a Stormwater Drainage Easement for the stormwater
piping between Lots 166 and 167 3`d Plat, subject to approval and acceptance by the City's Board
of Aldermen.
10. Developer shall grant the City a Stormwater Drainage Easement for the stormwater
piping on Lots 147 and 175, 3`d Plat, subject to approval and acceptance by the City's Board of
Aldermen.
11. Developer shall grant the City a Stormwater Drainage Easement for the 3`d Plat
Basin on Tract A, subject to approval and acceptance by the City's Board of Aldermen.
12. KOL hereby consents to the stormwater being directed onto its property from the
stormwater piping between Lots 145 and 146, 3`d Plat.
13. KOL shall defend, indemnify, and hold harmless City, its employees, officers, and
agents, from and against claims, damages, losses, and expenses, including but not limited to
attorney's fees, arising out of or resulting from the stormwater being directed onto its property
from the stormwater piping between Lots 145 and 146, 3`d Plat.
Generally Applicable Provisions
14. This Agreement contains the entire agreement between the parties relating to the
matters covered hereby. Any oral representations or modifications concerning this Agreement
shall be of no force and effect.
15. This instrument shall bind and inure to the benefit of the respective parties, their
personal representatives, successors, and assigns.
16. The City may record this Agreement with the Platte County Recorder of Deeds
Office at its own expense.
17. Developer and Contractor waive any right to recover from and fully and irrevocably
release the City,and its officials,employees,and agents,from any and all losses,liabilities,claims,
damages (including consequential damages), penalties, fines, forfeitures, costs and expenses
(including attorney's fees), relating to the subject matter of this Agreement that they may now
have or hereafter acquire against the City, and its officials, employees, and agents.
18. This Agreement shall be governed by and interpreted, construed, and enforced in
accordance with the laws of the State of Missouri. The parties hereto agree that any action at law,
suit in equity, or other judicial proceeding arising out of this Agreement shall be instituted only in
the Circuit Court of Platte County,Missouri or in federal court of the Western District of Missouri.
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Subject to approval by Riverside Board of Aldermen
19. If any one or more of the provisions of this Agreement is declared or adjudged by
any court of competent jurisdiction to be unenforceable or unlawful,then each such unenforceable
or unlawful provision shall be deemed excised here from, and the remainder of the Agreement,
together with all rights and remedies granted thereby, shall continue and remain in full force and
effect.
20. This Agreement may be executed in several counterparts, and by the parties hereto
on separate counterparts, and each counterpart, when so executed and delivered, shall constitute
an original agreement, and all such separate counterparts shall constitute but one and the same
agreement.
21. This Agreement shall not be deemed to create any third-party benefit hereunder for
any member of the public or to authorize anyone, not a party hereto, to maintain suit pursuant to
the terms of this Agreement.
22. No presumption or inference against the City shall be made because of the City's
preparation of this Agreement.
23. The rights and remedies under this Agreement are cumulative and are in addition
to and not in substitution for any other rights and remedies available at law or in equity or
otherwise.
24. Each of the Parties herein represents and warrants that the execution, delivery, and
performance of this Agreement has been duly authorized and signed by a person who meets
statutory or other binding approval to sign on behalf of its organization as named in this
Agreement.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by themselves
or by their authorized representatives.
[SIGNATURE PAGES FOLLOW]
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Subject to approval by Riverside Board of Aldermen
City of Riverside, Missouri:
By:
Kath een L. Rose, Mayor
Dated: Im a't Fit,
ATTEST:
. o
Robin Kincaid;City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
ss.
COUNTY OF PLATTE
On this_1 14 day of 2023, before me,`2o N L n`ti c-n,o�. , a Notary
Public in and for said State,personally appeared Kathleen L. Rose, who acknowledged herself to
be the Mayor of City of Riverside, Missouri, and that she as such officer being so authorized,
executed the foregoing instrument with authority of the Board of Aldermen.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in
�} A`ftE County,the day and year last above written.
(SEAL)
ROBIN L IQNCIUD
NOTARY PUBLIC-NOTARY WAS Printed Name: web 1,., L,
STATE OF IISSOM
W COMMSSION E)G1REs MARCH e,2W Notary Public in and for said State
CUNTON COIM Y
COMMISS1001#1 Commissioned in G n-h o n County
My Commission Expires:
4
Subject to approval by Riverside Board of Aldermen
Elmcreek Development, Inc.
By
Name: f100
Dated:
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF tqE )
ON THIS day of )1AR.c-k 2023, before me personally
appeared -bAv i b �A P_4k , P02 E S; .0c r,,T- (title) of Elmcreek
Development, Inc., to me known to be the person described in and who executed the foregoing
instrument on behalf of said 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
AJf E County,the day and year last above written.
(SEAL)
ROBIN L
NOTARY PUBLIC-NOTARY SEAL Printed Name:
STATE OF MISSOM
MY COMMISSION EXPIRES MARCH 8,2W Notary Public in and for said State
�W SION� Commissioned in GI N�o►-� County
My Commission Expires: %_P_C�
5
Subject to approval b1, Riverside Board of Aldermen
The Havens Construction Co.,
Inc.:
By. ;
Name:1 � �-A-u(Ei#A
Title: met top-
Dated: Vi S14-.3
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF�)I A#e )
� I
ON THIS 1 s J day of , 2023, before me personally
appeared aucI= �.a�9rnl , SE,�,;oa V�c��R�s�d�-�s� (title) of The Havens
Construction Co., Inc., Inc., to me known to be the person described in and who executed the
foregoing instrument on behalf of said 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
'TfAt E: County, the day and year last above written.
(SEAL) .
ROBIN L.KWCAV
NOTARY PUBLIC-NOTARY SEAL.
STATE OFMISSOURI Printed Name:
W COMMIS"EXPIRES K&M 8,2027 CUNTON COUNTY '
Not Public in and for said State
COMS"*153M Commissioned in U ,,,+a u County
My Commission Expires:A 0,A di g, a oJ-7
6
Subject to approval kv Riverside Board of Aldermen
KOL Land LLC:
Name: � 6 Q
Title: �N6LG(�
Dated:
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF f a E )
ON THIS day of )A a" 2023, before me personally
appeared 1 A v,b A 9,ti% YY1 A"A a 4, (title) of KOL Land LLC,
to me known to be the person described in and who executed the foregoing instrument on behalf
of said 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
:P/q j f-E County, the day and year last above written.
(SEAL)
'�--ROBIN L KW-AJ0
NOTARY PUBLIC-NOTARY SEJIL
STATE OFMWOLO Printed Name: ob;,,, L . �;,,,�;d.
W(COAL CU�may ' 8' Notary Public in and for said State
commiss"p5mm 1 Commissioned in N It ,,, n,-J County
My Commission Expires: A �Q 0 7
7
y
Recorded in Platte County, Missouri
Recording Date/Time: 03/15/2023 at 03:09:09 PM
instr Number: 2023002485 , " FE-Ft Pplf oF-
Book: 1390 Page: 719 "
Type: DE ESMT `Q�`�oQ
Pages: 9
Fee: S48.00 S I�
i IIIIIIIII IIIIIIIIIIIIIIIIIIIII III �=-;'�t/ru�rv.��g���.
Grantor: ELMCREEK DEVELOPMENT INC Christopher L. Wright
Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds
Title of Document: Stormwater Drainage Easement
Date of Document: f-q , 2023
Grantors: Elmcreek Development, Inc.
✓Grantee: City of Riverside, Missouri
Mailing Address (Grantee): 2950 NW Vivion Road
Riverside, MO 64150
Legal description: See Exhibit A
1
Esc., k 1390 P as g a 719
STORMWATER DRAINAGE EASEMENT
This Stormwater Drainage Easement, made this , 2023, by and
between Elmcreek Development, Inc., 6014 NW Highway 9, Suite A, Parkville, Missouri 64152-
3670 ("Grantor"), and City of Riverside, Missouri, 2950 NW Vivion Road, Riverside, MO
64150 ("Grantee").
WITNESSETH: Grantor, in consideration of the sum of Ten and No/100 Dollars($10.00)
and other valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant, bargain and sell, convey and confirm unto Grantee, its successors and assigns, a permanent
Stormwater Drainage Easement over, under and through the following described real estate in
the County of Platte, State of Missouri, to-wit:
See attached Exhibit A
The above described easement is to be used for the purpose of the location, construction,
reconstruction, maintenance, operation, repair and removal of stormwater drainage control
facilities and any and all related appurtenances and equipment incidental thereto, including the
right and privilege at any time and from time to time to enter upon said easement.
Grantee 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 on the above
described property that it may install. Grantor shall not use nor attempt to use the easement in
such manner as would interfere with the proper, safe, and continuous maintenance and use of
said drainage facilities and shall not build thereon or thereover any structure which may interfere
with the maintenance and use thereof, or perform any grading or other disturbance of the
easements without the specific approval of Grantee and shall not make any attempt to redirect
the flow of water in the easements unless specifically approved by Grantee.
This Grant and easement shall, at all times be deemed to be, and shall be, a continuing covenant
running with the land and shall be binding upon the parties and their successors and assigns, as
the case may be.
Grantor further states that it is lawfully seized of title to the land through which said easement is
granted and that it has good and lawful right to convey said easement to the Grantee herein.
[Remainder of Page Intentionally Left Blank]
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B•�c:&k 1390 Page 719
IN WITNESS WHEREOF, the said Grantor has executed these presents on the day and
year first above written.
Elmcreek ment, Inc.
Y:
Name:
Title:
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF 4�i P, F�11 C )
ON THIS `1 day of RA" 2023, before me personally
appeared Au;t A e-jk , ��� t,,E N+ (title) of Elmcreek
Development, Inc., to me known to be the person described in and who executed the foregoing
instrument on behalf of said 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
j A-ft County,the day and year last above written.
(SEAL)
Printed Name: Tob ,,, L. /-fit p ca l
Notary Public in and for said State
Commissioned in ; ,,r{-a N County
My Commission Expires: 1 &OLA Ch gt --10Q-7
3
goa k 1390 Pa.g e 719
ACCEPTANCE OF EASEMENT
City of Riverside, Missouri:
By:
Katx.�L
hle L. Rose, Mayor
Dated: MO_ l�/� JUa 3
f, r
ATTEST:
J
'. ligbin KiA' d,City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
ss.
COUNTY OF PLATTE )
On this /y day of N", 2023, before me, ��,,, 1, ;,�ca.i J , a Notary
Public in and for said State, personally appeared Kathleen L. Rose, who acknowledged herself to
be the Mayor of City of Riverside, Missouri, and that she as such officer being so authorized,
executed the foregoing instrument with authority of the Board of Aldermen.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in
a-t C County,the day and year last above written.
(SEAL)
ROBIN L KWAID
NOTARY PUBW-NOTARY SEAL Printed Name:,
STATE OF MSSOLO
MY COMMISSION EXPIRES MI M 8,2W Notary Public in and for said State
COMMISSM05mo Commissioned in U ,foo County
My Commission Expires: �� c _ a Q
4
EXHIBIT"A"
Drainage Easement Along Lots 145 and 146 Lot Line
A drainage easement being fifteen (15)feet wide and centered on the platted lot line of Lots 145 and 146,
MONTEBELLA—3RD PLAT,a subdivision in the City of Riverside, County of Platte,State of Missouri, more
particularly described by Randy G. Zerr, Missouri PLS-2018016442, March 10,2023, as follows:
Beginning at the Northeast corner of said Lot 145, said point also being the Southeast corner of said Lot
146;thence North 74°40'08" West, along said lot line, 154.62 feet to the West line of said MONTEBELLA
— 3RD PLAT, said point also being the Northwest corner of said Lot 145 and also being the Southwest
corner of said Lot 146.
OF"M/SS
R'ANDY G.
ZERR -
NUMBER
.PLS-2018016442.:
%
tqL LAW .�
03-14-2023
1 90 P a.g e 719
EXHIBIT"A"
Drainage Easement Along Lots 166 and 167 Lot Line
A drainage easement being fifteen (15)feet wide and centered on the platted lot line of Lots 166 and 167,
MONTEBELLA—3RD PLAT,a subdivision in the City of Riverside, County of Platte,State of Missouri, more
particularly described by Randy G. Zerr, Missouri PLS-2018016442, March 10, 2023, as follows:
Beginning at the Northwest corner of said Lot 166, said point also being the Northeast corner of said Lot
167; thence South 10°26'44" West, along said lot line, 155.94 feet to the South line of said MONTEBELLA
—3RD PLAT,said point also being the Southwest corner of said Lot 166 and also being the Southeast corner
of said Lot 167.
RANDY G.
ZERR _
_ NUMBER _
�'•PLS-2018016442..
NL LAt�
//111111111\\\\\\
03-14-2023
EXHIBIT"A"
Drainage Easement Along Lot 147
A drainage easement being fifteen (15) feet wide and centered on a line in Lot 147, MONTEBELLA—3RD
PLAT,a subdivision in the City of Riverside,County of Platte,State of Missouri,more particularly described
by Randy G.Zerr, Missouri PLS-2018016442, March 10, 2023, as follows:
Commencing at the Northeast corner of said Lot 147, thence North 44°19'35" West, along the North line
of said Lot 147, 7.40 feet to the Point of Beginning.
From the Point of Beginning, thence South 20°03'31" West, 68.14 feet to a point of termination on the
East line of said Lot 147.
RANDY G.
= ZERR _
NUMBER _
-'•PLS-2018016442.*0\
03-14-2023
EXHIBIT"A"
Drainage Easement Along Lot 175
A drainage easement being fifteen (15) feet wide and centered on a line in Lot 175, MONTEBELLA—3RD
PLAT,a subdivision in the City of Riverside,County of Platte,State of Missouri,more particularly described
by Randy G.Zerr, Missouri PLS-2018016442, March 10, 2023,as follows:
Beginning at the Northwest corner of said Lot 175,thence South 29'15'50" East, 101.49 feet to a point of
termination on the South line of said Lot 175.
�F OF'M/SS��':
RANDY G.
- ZERR ,
- NUMBER
k- -PLS-2018016442.:&
k LAW
03-14-2023
E-s k_ 1 9 0 P aL g
EXHIBIT"A"
Tract"A" Drainage Easement
A drainage easement being all inclusive of Tract "A", MONTEBELLA—3RD PLAT, a subdivision in the City
of Riverside, County of Platte, State of Missouri, more particularly described by Randy G. Zerr, Missouri
PLS-2018016442, March 10, 2023, as follows:
Being all of Tract"A" as shown on the MONTEBELLA—3RD PLAT.
c/ : RANDY G.
ZERR —
_ NUMBER
PLS-2018016442.
,k..
qL LNAD
03-14-2023