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HomeMy WebLinkAboutR-2023-107 Approving the Grant of a Permanent Sanitary Sewer Line Easement from the City of Riverside to the City of KC, MO in Connection w Lot 1 Hydro ConduitRESOLUTION NO. R-2023-107 A RESOLUTION APPROVING THE GRANT OF A PERMANENT SANITARY SEWER LINE EASEMENT FROM THE CITY OF RIVERSIDE TO THE CITY OF KANSAS CITY, MISSOURI IN CONNECTION WITH LOT 1 HYDRO CONDUIT FINAL 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 1 Hydro Conduit Final Plat; 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 Sanitary Sewer Line Easement, in substantially the form attached hereto, to the City of Kansas City, Missouri, 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 L day of 2023. I � I� '' "6t Kathleen L. Rose' cATTFST.- Robin KinccaltY; 01y Clerk Recorded In Platte County,Missouri Recording Date/Time: 09/26/2023 at 11:01:45 AM Book: 1397 Page: 711 ",.�'PeR oF• �. lost#: 2023009531 • Pages: 5 �� Fee: $36.00 -?�co ��,` '; Electronically Recorded Christopher L.Wright KANSAS CITY WATER SERVICES DEPARTMEN,.Recorder of Deeds Project No. 81000902 Burlington Creek& Riverside PS Replacement Interceptor SEC 05 TW 50 RG 33 Tract No. 3 City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 PERMANENT EASEMENT FOR WASTE WATER IMPROVEMENTS AND APPURTENANCES Let it be known that City of Riverside, Missouri,owner of the subject property,hereafter called the GRANTOR, on this 1.$ day ofC , 20 a3, for and in consideration of $1.00, the receipt of which is acknowledged, does rr , remise, release and forever Quit-Claim unto The City of Kansas City,a Missouri Municipal Corporation, whose mailing address is: Water Services Department Systems Engineering 4800 E. 63`d Street Kansas City, MO 64130 do Right-of-way Agent and hereafter called the GRANTEE, a PERMANENT EASEMENT for the operation and movement of equipment, and the movement of a working force, in connection with the location, construction, reconstruction, maintenance, operation and repair of waste water improvements and any appurtenances thereto, over under and through the following described tract of land situated in Riverside.Platte County,Missouri,to-wit: LEGAL DESCRIPTION ATTACHED AS EXHIBIT A together with the right of ingress to and egress from the described land and contiguous land Page 1 of 3 Burlington&Riverside PS hit, Prof.No.81000902 S-1684 owned by GRANTOR. The GRANTEE, its agents, employees or independent contractors shall have the right to go upon the above described tracts of land, for the purpose of constructing, maintaining, and repairing the waste water improvements and appurtenances thereto, and shall upon completion of such construction, maintenance or repair, cause the land of the GRANTOR to be restored to substantially the same condition that existed prior to the GRANTEE'S entry upon it. The GRANTOR herein agrees for itself and its heirs, successors or assigns,that the tract of land over which a permanent waste water improvement easement is being granted shall be kept free from buildings or any other structures or obstructions (except grass, shrubs, fences, sidewalks, roadways, pavement or curbs) that would interfere with the GRANTEE in excavating upon said permanent easement for the purposes of laying, constructing, operating, maintaining or repairing waste water improvements and any appurtenances incidental thereto. The GRANTOR herein also agrees for itself and its heirs, successors, or assigns, that no change in the earth cover, will be made without the written approval of the GRANTEE'S Director of Water Services and GRANTEE will permit no change in the earth cover that will result in an earth cover of more than 8.0 feet as measured from the top of the waste water conduit without same approval. These easements shall not be construed to prohibit the GRANTOR from developing any adjoining property or from the laying out, establishing and constructing of pavement, surfacing of roadways, curbing and gutters along, upon, over or across said easement or any portion thereof. 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. SIGNATURE PAGE TO FOLLOW Page 2 of 3 Burlington&Riverside PS Int. Proj.No.81000902 S-1684 City of Riverside, 'tissouri 13y: --Aratti/V3A1'2 -142L) Mayor'Kathleen L. Rose / n ATTEST:' ••r "�` «. . , ******f*********************************************************************** STATE OF MISSOURI ) ) ss. COUNTY OF PLA 1-1 E ) ON THIS day of 0 u ,2023,before me personally appeared Kathleen L.Rose,Mayor of the City of Riverside,a 'cipal 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 FAcment for Waste Water Improvements and Appurtenances 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 County,the day and year last above written. (SEAL) ROBIN L NOT Printed Name: WW L. Wi,1SIAM Cr MOM MYCO MMMOM EOM MVO!iir 20Q?' Notary Public in and for saidt State CUM COMM *1 1 Commissioned in ^ i r.� f o►J County My Commission Expires: / ! k g� ****************************************************************************** Page 3 of 3 Burlington& Riverside PS Int. Proj.No.81000902 S-1684 EXHIBIT A DESCRIPTION PERMANENT SANITARY SEWER EASEMENT: ALL THAT PART OF LOT 1, HYDRO CONDUIT, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY, MISSOURI, DESCRIBED AS FOLLOWS: A STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1, BEING ON THE NORTHERLY RIGHT—OF—WAY LINE OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD; THENCE N65'22'30"W (PLAT: N65'23'O6°W), ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, 40.70 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBED HEREIN; THENCE NO3'57'26-E, 49.13 FEET; THENCE N23'04'20'E, 364.33 FEET; THENCE N1619'36"E, 209.42 FEET TO THE NORTHERLY LINE OF SAID LOT 1 AND THE POINT OF TERMINUS OF SAID CENTERLNE, CONTAINING 18,682 SQUARE FEET, MORE OR LESS. ' co z RICKY E. •• • CARD m ; NUMBER 1 I LS- D AP1D REVISED: 01/04/2023 FEBRUARY 1, 2023 PART OF LOT 1, HYDRO CONDUIT • �� % TALIAFERRO & BROWNE, INC. RIVERSIDE, PLATTE COUNTY, MISSOURI I CONSULTING ENGINEERS—SURVEYORS PERMANENT SANITARY SEWER EASEMENT 1020 FAST 8TH ST., KANSAS CITY, MO, 94106 •1�.. PH: (eie) 2e8-346e PAL (ale) 2e3-0641 DRAWN: VAH DATE: 12/19/2022 2-497OV EA01°DZRAREA03�E, EXHIBIT A 119 EXIMSCNS_ EAE\DI pp0 NW)HORIZONS PRKY. CHECKED: MTI EXHIBIT B M/SSQ0Ri ITT: 9 - RA, Alt :-"R/M- 41At Lori; PT. OF TERMINUS ;' q PERM. ENT. wr�. r /.Cy _�; / r N 15 7_ i >l W E ,�'HYDRO CONDUITIr S r (BK. 21, PG. 213) S ,4, /', . .../ I / f �( IIIIM ti s ; ' � �it r 1' = 100' rf I St if I 0 r ,j: Z r .r POINT OF 7 ;! ;;' BEGINNINIG ' i,t: r q PERM. ESMT. SI / cy/cgc c� , h - POINT OF :—OF `M/S Q ` COMMENCEMENT / --.E •.....,, Sa $, B 'LY COR nor 1 r 1.•...•• Gp, �RUNc ��� `gyp N45 / çt : GARD r '.m : NUMBER i, ,. •-• . et.:47-41 -_�fi:. PERMANENT ESMT.: 18,682 S0. FT. 4/£,QQ REVISED: 01/04/2023 FEBRUARY 1, 2023 PART OF LOT 1, HYDRO CONDUIT li TALIAFERRO & BROWNE, INC. RIVERSIDE, PLATTE COUNTY, MISSOURI II CONSULTING ENGINEERS—SURVEYORS PERMANENT SANITARY SEWER EASEMENT 1020 EAST 8T11 ST., KANSAS CITY, MO, 84108 • -• PR: (818) 283-34se FAX: (818) 283-0841 DRAWN: VAH DATE 12/19/2022 S\NETJOB\02-4970-8#.NCTON CREEK-RIVF%1DE DER ExTEN510PS- EAE\DNG(WORKING)\Q' -EASSIENTS CHECKED: MTI 02-4970V-EA01.DWG, AREAO3J'E, EXHIBIT B 000 NW HORIZONS PRKY. Project No. 81000902 Burlington Creek & Riverside PS Replacement Interceptor SEC 05 TW 50 RG 33 Tract No. 3 City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 PERMANENT EASEMENT FOR WASTE WATER IMPROVEMENTS AND APPURTENANCES Let it be known that City of Riverside, Missouri, owner of the subject property, hereafter called the GRANTOR, on this ) -'I" day ofQ , 20�3, for and in consideration of $1.00, the receipt of which is acknowledged, does grkt, remise, release and forever Quit -Claim unto The City of Kansas City, a Missouri Municipal Corporation, whose mailing address is: Water Services Department Systems Engineering 4800 E. 63' Street Kansas City, MO 64130 c/o Right-of-way Agent and hereafter called the GRANTEE, a PERMANENT EASEMENT for the operation and movement of equipment, and the movement of a working force, in connection with the location, construction, reconstruction, maintenance, operation and repair of waste water improvements and any appurtenances thereto, over under and through the following described tract of land situated in Riverside, Platte County, Missouri, to -wit: LEGAL DESCRIPTION ATTACHED AS EXHIBIT A together with the right of ingress to and egress from the described land and contiguous land Page 1 of 3 Burlington & Riverside PS Int. Proj. No. 81000902 S-1684 owned by GRANTOR. The GRANTEE, its agents, employees or independent contractors shall have the right to go upon the above described tracts of land, for the purpose of constructing, maintaining, and repairing the waste water improvements and appurtenances thereto, and shall upon completion of such construction, maintenance or repair, cause the land of the GRANTOR to be restored to substantially the same condition that existed prior to the GRANTEE'S entry upon it. The GRANTOR herein agrees for itself and its heirs, successors or assigns, that the tract of land over which a permanent waste water improvement easement is being granted shall be kept free from buildings or any other structures or obstructions (except grass, shrubs, fences, sidewalks, roadways, pavement or curbs) that would interfere with the GRANTEE in excavating upon said permanent easement for the purposes of laying, constructing, operating, maintaining or repairing waste water improvements and any appurtenances incidental thereto. The GRANTOR herein also agrees for itself and its heirs, successors, or assigns, that no change in the earth cover, will be made without the written approval of the GRANTEE'S Director of Water Services and GRANTEE will permit no change in the earth cover that will result in an earth cover of more than 8.0 feet as measured from the top of the waste water conduit without same approval. These easements shall not be construed to prohibit the GRANTOR from developing any adjoining property or from the laying out, establishing and constructing of pavement, surfacing of roadways, curbing and gutters along, upon, over or across said easement or any portion thereof. 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. SIGNATURE PAGE TO FOLLOW Page 2 of 3 Burlington & Riverside PS Int. Proj. No. 81000902 S-1684 City of Riverside, Issouri 1#y: 1V�ayo Kathleen L. Rose ATTEST - STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) ON THIS JA day of , 2023, before me personally appeared Kathleen L. Rose, Mayor of the City of Riverside, a rn&cipal 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 Easement for Waste Water Improvements and Appurtenances 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 �� 1E County, the day and year last above written. (SEAL) ROBIN L KINCAIU NOTARY PUBIC - NOTARY SEAL STATE OF MtSSOURI MYCOAMRSSI�ON� S. 2077 OOUNTY OOMMISSION #15390631 Printed Name: o11's Notary Public in and for said State Commissioned in U4.if om County My Commission Expires:,#" ?, aDa-7 Page 3 of 3 Burlington & Riverside PS Int. Proj. No. 81000902 S-1684 EXHIBIT A DESCRIPTION PERMANENT SANITARY SEWER EASEMENT: ALL THAT PART OF LOT 1, HYDRO CONDUIT, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY, MISSOURI, DESCRIBED AS FOLLOWS: A STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1, BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD; THENCE N65'22'30"W (PLAT: N65'23'06"W), ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 40.70 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBED HEREIN; THENCE NO3'57'26"E, 49.13 FEET; THENCE N23'04'20"E, 364.33 FEET; THENCE N16'19'36"E, 209.42 FEET TO THE NORTHERLY LINE OF SAID LOT 1 AND THE POINT OF TERMINUS OF SAID CENTERLINE, CONTAINING 18,682 SQUARE FEET, MORE OR LESS. REVISED: 01/04/2023 PART OF LOT 1, HYDRO CONDUIT RIVERSIDE, PLATTE COUNTY, MISSOURI PERMANENT SANITARY SEWER EASEMENT DRAWN.• VA I DATE: 1211912022 CHECKED: MTl RICKY E. • ' GARD m ; NUMBER 44W FEBRUARY 1, 2023 TALIAFERRO & BROWNE, INC. CONSULTING ENGINEERS -SURVEYORS 1020 EAST 8TH ST., KANSAS CITY, MO, 64106 PH: (816) 283-3456 FAX: (816) 283-0841 S:\NETJOB\02-4970-BURLINGTON CREEK - RIVERSIDE SEWER EXTENSIONS - EAE\DWG (WORKING)\01 - EASEMENTS J2-497OV-EA01.DWG, AREA03_PE, EXHIBIT A 000 NW HORIZONS PRKY. R/W EXHiBi r B ossOURI Rl 9 N(Y --R/W un,E tor J; PT. OF TERMINUS PERM. ESMT. v" ;15' ' 3 HYDRO CONDUIT% (BK. 21, PG. 213) POINT OF BECINNINIC PERM. ESMT. CyICgc / 4 1 Si1S° N� POINT OF CD Z COMMENCEMENT g�) N6 SE'LY COR. LOT 1 �/VCTo 5�23� wrpc N 4- qT PERMANENT ESMT: 18,682 SQ. FT. ROq REVISED: 01 /04/2023 / / / _z/ / N W E S 0' 50' 100' 1"=100' • RICKY E. . / GARD / m NUMBER LS-2069 • a \ D A nto FEBRUARY 1, 2023 PART OF LOT 1, HYDRO CONDUIT -' TALIAFERRO & BROWNE, INC. RIVERSIDE, PLATTE COUNTY, MISSOURI CONSULTING ENGINEERS -SURVEYORS PERMANENT SANITARY SEWER EASEMENT 1020 EAST 8TH ST., KANSAS CITY, MO, 64106 PH: (816) 283-3456 FAX: (816) 283-0841 DRAWN: VA SANETJOB\02-4970-BURUNGTON CREEK - RIVERSIDE SEWER EXTENSIONS - EAE\DWG (WORKING)\01 - EASEMENTS DATE. 1211,912022 CHECKED: MTl 02-497OV-EAOI.DWG, AREA03-PE, EXHIBIT 8 000 NW HORIZONS PRKY.