HomeMy WebLinkAboutR-2023-045 Approving the Grant of a Permanent Gas Line Easment to SpireRESOLUTION NO. R-2023-045
A RESOLUTION APPROVING THE GRANT OF A PERMANENT GAS LINE EASEMENT FROM
THE CITY OF RIVERSIDE TO SPIRE MISSOURI INC IN CONNECTION WITH LOT 4 REPLAT
OF DOORLINK, 1ST PLAT.
WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best interest
of the public to grant access to certain property further described herein in connection with
construction work pertaining to Lot 4 Replat of DoorLink, Ist Plat, otherwise known as Riverside
Logistics Centre 2;
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 the grant of a Permanent Gas
Line Easement, in substantially the form attached hereto, to Spire Missouri Inc, and the Mayor is
authorized to execute the conveyance on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, the Finance Director 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/P :7 day,of, 2023.
` t71- or Kathleen L. Rose
ATTEST:
Robin-Kincai ;City Clerk
EASEMENT
Platte County, Missouri
R:, 1 ) S , 2023
For and in consideration of the sum of ONE AND NO/100 Dollars ($1.00) and other
valuable consideration in hand paid, the receipt of which is hereby acknowledged.
CITY of RIVERSIDE, MISSOURI, a political subdivision and body corporate organized under
the laws of the State of Missouri (Grantor)
2950 N.W. Vivion Road
Riverside, Missouri 64150
owners of a tract of land described as follows: Part of Lot 4, Replat of Doorlink, 1st Plat recorded in
Instrument Number 2020006499 being also Book 22 at Page 117 and further described in Instrument
2022013197 being also Book 1384 at Page 695 in the Platte County, Missouri Records,
does hereby grant unto
SPIRE MISSOURI INC. (Grantee)
700 Market Street
St. Louis, MO 63101
its successors, assigns, lessees and tenants forever, the right and easement to construct, operate and
maintain a gas distribution system consisting of mains, piping, valves, service connections, appurtenances
and above ground structures along with the right to construct, maintain, alter, inspect, repair, replace,
protect, relocate, change the size of, operate and remove a cathodic protection rectifier or rectifiers,
anodes and cables thereto, and appurtenances for the production of cathodic protection currents therein,
in, under and across the following part of the aforesaid land, namely:
A ten -foot (10) foot strip of land in the above parcel as shown on "Gas Line Easement, Exhibit A"
together with the rights to use additional space adjacent to the above -described easement as may be
required during construction and the right of ingress to and egress from the above -described land and
contiguous land owned by Grantor. In exercising its rights of access Grantee shall whenever practical,
use existing roads or lanes.
Grantee, its successors and assigns, will have the right to use and control a line or lines of
natural gas pipe for the circulation and distribution of natural gas for public or private use through the
above -described property for all proper purposes connected with the installation, use, maintenance, and
'replacement of the line(s) of natural gas pipe, and with the attachment thereto of the service lines of its
customers. Furthermore, Grantee, its successors and assigns, will have the right to use and control a
cathodic protection rectifier or rectifiers, anodes and cables thereto, and appurtenances for the
production of cathodic protection currents therein through the- above described property for all proper
purposes connected with the installation, use, maintenance, and replacement of the cathodic protection
rectifier or rectifiers, anodes and cables thereto, and appurtenances for the production of cathodic
protection currents therein. Grantee has the right and privilege of removing at any time, any or all the
cathodic protection rectifier or rectifiers, anodes and cables thereto, and appurtenances to produce
cathodic protection currents therein without surrendering its easement rights stated herein.
Grantee has the right and privilege of removing at any time, any or all the line of natural gas
improvements without surrendering its easement rights stated herein. If the natural gas pipe to which
the service line connection(s) of the undersigned is abandoned, the service line (s) and the connection(s)
may be relocated to another natural gas pipe as directed by Grantee.
Grantors shall have the right to use and enjoy the above -described lands, except as to the
rights herein conveyed. Grantor agrees not to obstruct or interfere with the normal use or maintenance
of such pipeline or lines and any connections to the same along with cathodic protection rectifier or
rectifiers, anodes and cables thereto, and appurtenances to produce cathodic protection currents therein.
The undersigned also agrees not to erect or cause to be erected any building or structure on said
easement and not place fill in excess of five (5) feet on pipeline(s) or cathodic protection rectifier or
rectifiers, anodes and cables thereto, and appurtenances for the production of cathodic protection
currents therein, or remove overburden (cover) such that pipeline or cathodic protection rectifier or
rectifiers, anodes and cables thereto, and appurtenances for the production of cathodic protection
currents therein, does not have at least three (3) feet of remaining cover. Grantee shall also have the
right to clear and keep clear brush, trees, shrubbery, roots and other obstructions which, in Grantee's
judgment, may interfere with the safe, proper and expeditious laying, construction, maintenance,
alteration, inspection, repair, replacement, protection, relocation, operation and removal of said pipe
line(s), lines and facilities, cathodic protection rectifier or rectifiers, anodes and cables thereto, and
appurtenances for the production of cathodic protection currents therein or any part thereof, within or
upon the above described land.
Grantor further reserves the right to make other improvements it desires on, over, in or near
the Easement Area and should Grantor's improvements plan so require, Grantee will remove its gas
distribution system components, cathodic protection rectifier or rectifiers, anodes and cables thereto, and
appurtenances for the production of cathodic protection currents therein, from the referenced Easement
Area; provided however, that Grantor agrees to provide to Grantee written notice no less than 120
days before commencing work in connection with any such improvements. In connection with any such
improvement, Grantor agrees to provide detailed information regarding such improvements to Grantee
and to cooperate with Grantee to identify an alternate Easement Area owned or controlled by Grantor
and agreeable to both parties with respect to which Grantee would be accorded rights substantially
similar to those contemplated herein. In any such instance, the cost of removing and relocating the gas
distribution system components, cathodic protection rectifier or rectifiers, anodes and cables thereto, and
appurtenances to produce cathodic protection currents therein. shall be paid by the Grantor if the
removal and relocation is made necessary by the actions of Grantor.
Grantor warrants and will defend the title to said easement during its existence with the
Grantee for its use and benefit against all parties whatsoever.
Grantee accepts this easement with the understanding and on the condition, that whenever it
shall make any excavations in the above -described property the Grantee will properly backfill all
excavations and shall restore the ground as nearly as practicable to its former condition.
IN WITNESS WHEREOF, said CITY of RIVERSIDE, MISSOURI has caused these presents to be signed by
its m Au oil. the day and year first above written.
Name:
Print Name:
Title
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
01 a_r r� .
l l
On the /9— day of f2 1 , 2023, before me
(insert Notary's name) C41 al , a notary public in and for said state,
appeared WA�h lr� �► L , os� , who being by me duly sworn, did say that he/she is
M A H oR- of CITY of RIVERSIDE, MISSOURI and that said instrument was
signed on behalf of said political subdivision by authority of its _ N A W 6P. and
the said 'rl A4 (e-L--ti, L —4Ze acknowledged said instrument to be the free act and
deed of said CITY of RIVERSIDE, MISSOURI.
My Commission expires:�RcJ�
' Notary Public
Printed Name
F
BIN L KINCAID
U8UC -NOTARY SEALTE OF WtISSOURI
ON EXPIRES MARCH 8,NTON COUNTY
MISSION #15394Fu"1
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LEGAL DESCRIPTION.•
A 10 feet wide tract of land over a portion of Lot 4, REPLAT OF DOORLINK,1st PLAT, a
subdivision in the City of Riverside, Platte County., Missouri, recorded May 13, 2020 in the Office of
Me Recorder of Deeds for said County and State as Instrument No. 2020006499, Book 22, Page
117, lying in the Northwest Quarter of Fractional Section 7, Township 50 North, Range 33 West,
said 10 feet wide tract of land lying 5, 00 feet on each side of the following described centerline;-
BEGINNING at the Northeast comer of aforesaid Lot 4 and a point on the West fight -of -way line of
NW Helena Road, as now established 30,00 feet West of the East line of the Northwest Quarter of
aforesaid Section 7, thence S00°20'28WValong the East line of said lot 4, being also along the
West fight -of -way line of said NW Helena Road, a distance of 60.30 feet, thence departing the East
line of said Lot 4, N89°24'06'W, a distance of 811.45 feet to the point of TERMINATION, This
description having been prepared by Steven R, Whitaker, MO PLS-2005019220, MEC Corporate
CerOTicate License No. 201200935.
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3-16-23 3-21-23 CITY OF RIVERSIDE
PLATTE COUNTY, MISSOURI
21150240
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