HomeMy WebLinkAbout1944 Authorizing and Approving the Execution of a Temporary Borrow Easement By and Between the City of Riverside, MO and Bluescope Properties Group... BILL NO. 2023-053 ORDINANCE NO. 1 q g
AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF A TEMPORARY
BORROW EASEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND
BLUESCOPE PROPERTIES GROUP, LLC, OR THEIR ASSIGNEE AND AUTHORIZING
OTHER DOCUMENTS AND ACTIONS RELATED THERETO
WHEREAS, the City of Riverside, Missouri (the `City") owns certain real property, commonly
known as Lot 1 of 40 West at Horizons ("Lot 1 of 40 West"), and further described on Exhibit A
attached hereto and incorporated herein by this reference (the Property"); and
WHEREAS, the City of Riverside, Missouri (the "City") owns certain real property, commonly
known as Lot 2 of 40 West at Horizons ("Lot 2 of 40 West"), and further described on Exhibit A
attached hereto and incorporated herein by this reference; and
WHEREAS, BlueScope Properties Group, LLC, a Delaware limited liability company registered
and authorized to do business in the State of Missouri ("BlueScope"). and the City have entered
into a Purchase and Sale Agreement as authorized by and through Ordinance No. 1934, to
purchase Lot 1 of 40 West to develop and use such parcels for an office industrial building with
office and warehouse uses (the "Sale)"; and
WHEREAS, BlueScope and their Tenant/Assignee desire to prepare the Property for the
construction of a building and desire to utilize or "borrow" the soil, dirt and other needed materials
(''Materials") located on Lot 2 of 40 West to surcharge the pad for the building; and
WHEREAS, BlueScope, shall return the "borrow material" Lot 2 of 49 West to its original condition
immediately after the pad has been sufficiently surcharged; and
WHEREAS, City Staff recommends the Board of Alderman and the Mayor approve the request
of BlueScope through the execution by and between the Parties of a temporary borrow easement
("Easement")
WHEREAS, the Board of Aldermen find that the Proposal to execute a Temporary Borrow
Easement, attached hereto as Exhibit C, and incorporated herein, submitted by the Staff fulfills
a public purpose and will further the growth of the City, facilitate the development of Riverside,
improve the environment of the City, increase the assessed valuation of the real estate situated
within the City, increase the sales tax revenues realized by the City, foster increased economic
activity within the City, increase employment opportunities within the City, enable the City to direct
the development of the Property, and otherwise be in the best interests of the City by furthering
the health, safety. and welfare of its residents and taxpayers; and, has authorized the execution
of a Temporary Borrow Easement in substantially the same form as Exhibit C with BlueScope.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1 — BEST INTEREST OF THE CITY TO EXECUTE A TERMPORARY OF "LOT 1 OF
40 WEST AT HORIZONS" TO BLUESCOPE PROPERTIES GROUP, LLC. It is in the best
interest of the City, in order to further the growth of the City, improve the environment of the City,
foster increased economic activity within the City, increase employment opportunities within the
City, further the objectives of the TIF Plan. further build out the public infrastructure and otherwise
is in the best interests of the City by furthering the health, safety, and welfare of its residents and
JC 17518958.1
taxpayers, to authorize and approve this Ordinance to execute a Temporary Borrow Easement,
attached hereto as Exhibit C and incorporated herein, and to utilize the soil, dirt and other needed
materials ("Materials") located on Lot 2 of 40 West at Horizons to surcharge the building pad on
Lot 1 of 40 West at Horizons (the "Property") to BlueScope Properties Group, LLC, ("BlueScope")
conditioned upon the requirement that BlueScope return Lot 2 of 40 West to substantially the
same condition it was in when the first material was "borrowed and such Temporary Borrow
Easement, executed in substantially the form attached hereto as Exhibit C, and on the other
terms and conditions contained in the Temporary Borrow Easement, is hereby approved.
SECTION 2 — AUTHORITY GRANTED. The Mayor is authorized to execute and deliver the
Temporary Borrow Easement in substantially the form attached hereto as Exhibit C, with such
changes therein as are approved by the Mayor. The Mayor, City Administrator, Special Counsel
to the City — Spencer Fane LLP, and other appropriate officials and employees of the City are
hereby authorized and directed to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance 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.
SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after
its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of
Riverside, Missouri, this 5th day of September 2023.
•
• K leen L. Rose, Mayor
•
A T T:
•
Robiri;Ki•ncaid, 'ty Clerk
Approved as to form:
Spe r Fane LLP,
ial Counsel to the City
y Jo Bednar
JC 17518958.1
taxpayers, to authorize and approve this Ordinance to execute a Temporary Borrow Easement,
attached hereto as Exhibit C and incorporated herein. and to utilize the soil, dirt and other needed
materials ("Materials") located on Lot 2 of 40 West at Horizons to surcharge the building pad on
Lot 1 of 40 West at Horizons (the `Property") to BlueScope Properties Group, LLC, ("BlueScope")
conditioned upon the requirement that BlueScope return Lot 2 of 40 West to substantially the
same condition it was in when the first material was `borrowed and such Temporary Borrow
Easement, executed in substantially the form attached hereto as Exhibit Ci and on the other
terms and conditions contained in the Temporary Borrow Easement, is hereby approved.
SECTION 2 — AUTHORITY GRANTED. The Mayor is authorized to execute and deliver the
Temporary Borrow Easement in substantially the form attached hereto as Exhibit C, with such
changes therein as are approved by the Mayor. The Mayor, City Administrator, Special Counsel
to the City — Spencer Fane LLP, and other appropriate officials and employees of the City are
hereby authorized and directed to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance 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.
SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after
its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of
Riverside, Missouri, this 5th day of September 2023.
K leen L. Rose, Mayor
•
•
ATT' T:
Robir ,Kincaid, ty Clerk
Approved as to form:
Spencer Fane LLP,
Special Counsel to the City
by Joe Bednar
JC 17518958.1
EXHIBIT A
LEGAL DESCRIPTION
Lot 1 of 40 West at Horizons, a Replat of Tract "A", a replat of DoorLink, 1st Plat,
together with a portion of the Northeast Quarter of Fractional Section 7 and the Northwest
Quarter of Fractional Section 8, Township 50 North, Range 33, all in the City of Riverside,
Platte County, Missouri.
JC 17518958.1
EXHIBIT B
LEGAL DESCRIPTION
Lot 2, 40 West at Horizons, a Replat of Tract "A", Replat of Doorlink, 1st Plat,
together with a portion of the Northeast Quarter of Fractional Section 7 AND the Northwest
Quarter of Fractional Section 8, Township 50 north, Range 33 East, ALL in the City of
Riverside, Platte County, Missouri
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EXHIBIT C
TEMPORARY BORROW EASEMENT
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TEMPORY BORROW EASEMENT
KNOW ALL MEN BY THESE PRESENTS on this 5th day of September, 2023:
That the CITY OF RIVERSIDE, hereinafter designated as "GRANTOR", and for in
consideration of the amount of One Dollar ($1.00) and other good and valuable consideration paid
and delivered by the BLUESCOPE PROPERTIES GROUP LLC, a Delaware limited liability
company registered and authorized to do business in the State of Missouri ("BLUESCOPE"),
including the benefits derived therefrom to the remaining lands of GRANTOR pursuant to the
design and construction project contemplated hereby ("Arco Project"), the receipt and sufficiency
of which is hereby acknowledged, hereby transfer, grant, bargain and sell, convey and confirm
unto BLUESCOPE, its successors and assigns, a temporary easement and right to enter upon the
land of GRANTOR for borrow purposes, situated in Riverside, Missouri, and described as follows:
The borrow site shall be the following described tract(s) of land:
Lot 2, 40 West at Horizons, a Replat of Tract "A", Replat of Doorlink, l St Plat,
together with a potion of the Northeast Quarter of Fractional Section 7 AND the
Northwest Quarter of Fractional Section 8, Township 50 north, Range 33 East, ALL
in the City of Riverside, Platte County, Missouri
for use by BLUESCOPE, its representatives, agents and contractors as a borrow area adjacent to
the following described tract(s) of land hereinafter referred to as the BlueScope Property:
Lot 1, 40 West at Horizons, a Replat of Tract "A", Replat of Doorlink, 1 St Plat,
together with a portion of the Northeast Quarter of Fractional Section 7 AND the
Northwest Quarter of Fractional Section 8, Township 50 north, Range 33 West,
ALL in the City of Riverside, Platte County, Missouri,
including the right to temporarily borrow, excavate and remove soil, dirt and other needed
materials ("Materials") therefrom; and to perform any other work necessary and incident to the
surcharge of the BlueScope Property necessary for the design and construction of the Arco Project;
reserving however, to the GRANTOR, its heirs, personal representatives, transferees, successors
and assigns, as applicable, all such rights and privileges in the land as may be used without
interfering with or abridging the rights and easement hereby acquired; subject, however, to existing
easements for public roads and highways, public utilities, railroads and pipelines; together with
the temporary right to go in, on, over, across and upon said land and adjacent lands of the
GRANTOR, its heirs, personal representatives, successors, transferees or assigns, as applicable, in
order to provide access to the construction site for the purposes of this easement only so long as
such soil, dirt or other materials therefrom are needed for surcharging purposes for the Arco
Project, but not to exceed March 1, 2024, at which time this temporary easement shall expire.
It is understood and agreed that the said Materials shall be returned to the above described
borrow site as soon as practical, but in no event later that the 1 St day of March, 2024. The borrow
site shall be restored to original condition with the final approval by GRANTOR.
It is understood and agreed that the consideration hereinabove recited shall be and
constitute the full consideration due to GRANTOR from said BLUESCOPE for going upon said
lands and the taking of such borrow materials, together with any damages to the land of the
GRANTOR, their heirs, personal representatives, successors, transferees or assigns, as applicable,
relating thereto.
GRANTOR covenants to and with said BLUESCOPE that, subject to existing easements,
if any, for public roads or highways, railroads, laterals, ditches, pipelines and electrical
transmission or distribution lines and telephone and telegraph lines covering the land herein
described, GRANTOR is lawfully seized and possessed of said land, has a good and lawful right
and power to grant and convey the same, and that GRANTOR shall forever warrant and defend
the title to said easement and the quiet possession thereof against the lawful claims and demands
of all persons whomsoever for the duration hereof.
IN WITNESS WHEREOF, GRANTOR has executed this instrument this day, month and
year first appearing above.
STATE OF MISSOURI )
) ss
COUNTY OF PLATTE )
K lean L. Rose Mayor,
City of Riverside, MO
**********
On this "m " day of September, 2023, before me, a Notary Public in and for said state and
county, personally appeared Mayor Kathleen L. Rose, to me known to be the person described in
and who executed the above and foregoing instrument, and that she executed the same as
authorized by the Board of Aldermen of the City of Riverside, Missouri, pursuant to the laws of
the State of Missouri, and for the purposes stated therein; and who, first being duly sworn upon
her oath, did state that the statements contained within said instrument are true according to their
best information, knowledge and belief.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
this day, month and year last appearing above.
Notary Public
My Commission Expires:
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