HomeMy WebLinkAboutR-2023-153 Approving a Declaration of Deed Restriction RESOLUTION NO. R-2023-153
A RESOLUTION APPROVING A DECLARATION OF DEED RESTRICTION
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
THAT the Riverside Board of Aldermen ("Board") hereby approves the Declaration of
Deed Restriction, a copy of which is attached hereto and incorporated herein, in compliance with
the award of grant funds in Project 2021-05 administered by the Missouri Department of Natural
Resources; and
FURTHER THAT the Board authorizes the Mayor to sign the Declaration of Deed
Restriction on behalf of the City; and
FURTHER THAT the City Clerk, or her designee, is hereby authorized and directed to
file a fully executed copy of the document with the Recorder of Deeds in Platte County; 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 17th day of October 2023.
ed.e ,
ayor Kathleen L. ose
ATTEST:
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Ropin.Kind`, City Clerk
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Recorded in Platte County, Missouri
111111111111111111111111111111111
Recording Date/Time: 10/23/2023 at 03:38:22 PM
Book: 1398 Page: 706 1 oQOe' I°
Instr a: 2023010533 •
Pages: 4 •••':
Fee: S33.00 S 20230009575 °duHTr,v`
s
Christopher L. Wright
RIVERSIDE CITY OF Recorder of Deeds
Recording Cover Sheet
Title of Document: Declaration of Deed Restriction
Date of Document: October 17, 2023
Grantor(s): City of Riverside, Missouri
2950 NW Vivion Road
Riverside, Missouri 64150
Grantee's Name Missouri Department of Natural Resources
and Address: P.O. Box 176
Jefferson City, Missouri 65102
Legal Description: See page 1.
After recording, please return to:
City of Riverside
Attn: Noel Bennion
2950 NW Vivion Road
Riverside, Missouri 64150
B.D0 k 113 8 F'.3t q r j 0,6
DECLARATION OF DEED RESTRICTION
THIS DECLARATION made this 17th day of October, 2023, by the City of Riverside, Missouri,
a municipal corporation, 2950 NW Vivion Rd, Riverside, MO 64150 (hereinafter referred to as
"Owner"). Owner hereby declares that the below-described real property is and shall be held
transferred, sold, and conveyed subject to the following conditions and restrictions in accordance
with the covenants made for the award of grant funds in Project 2021-05 administered by the
Missouri Department of Natural Resources ("Department"), P.O. Box 176, Jefferson City, MO
65102, through funds made available by the United States Department of Transportation, Federal
Highways Administration Recreational Trails Program (RTP):
All that part of the Northwest Quarter of Section 4, Township 50, Range 33, Riverside, Platte
County,Missouri,described as follows: Commencing at the Southwest corner of the Northeast
Quarter of said Section 4;thence North 00 degrees 27 minutes 09 seconds East along the West
line of the Northeast Quarter of said Section 4,also being the East line of the Northwest Quarter
of said Section 4, a distance of 369.53 feet to the Southeast corner of Lot 5, Wedow Addition,
a subdivision of land in Riverside, Platte County, Missouri; thence North 49 degrees 16
minutes 15 seconds West along the South line of said Lot 5, a distance of 35.86 feet to the
Point of Beginning of the tract of land herein to be described; thence South 33 degrees 26
minutes 58 seconds West, a distance of 33.02 feet; thence South 62 degrees 09 minutes 33
seconds West, a distance of 17.76 feet;thence South 82 degrees 30 minutes 39 seconds West,
a distance of 48.45 feet; thence South 48 degrees 59 minutes 24 seconds West, a distance of
79.93 feet;thence North 19 degrees 49 minutes 05 seconds West,a distance of 7.00 feet;thence
North 50 degrees 03 minutes 01 seconds East,a distance of 28.58 feet;thence North 24 degrees
01 minutes 01 seconds East, a distance of 35.44 feet; thence North 23 degrees 20 minutes 08
seconds West, a distance of 78.03 feet; thence North 59 degrees 21 minutes 37 seconds East,
a distance of 14.86 feet; thence South 33 degrees 11 minutes 54 seconds East, a distance of
26.17 feet; thence South 19 degrees 04 minutes 59 seconds East, a distance of 25.59 feet;
thence North 54 degrees 40 minutes 09 seconds East, a distance of 72.48 feet to the South line
of Lot 5 Wedow Addition; thence South 49 degrees 16 minutes 15 seconds East, a distance of
58.36 feet to the Point of Beginning.
AND All that part of the Northeast Quarter of Section 4, Township 50, Range 33, Riverside,
Platte County, Missouri, described as follows: Commencing at the Southwest corner of the
Northeast Quarter of said Section 4; thence North 00 degrees 27 minutes 09 seconds East, a
distance of 438.49 feet; thence South 89 degrees 32 minutes 51 seconds East, a distance of
153.04 feet to a point on the Easterly Right-of-Way of Northwest Gatewoods Drive, said point
also being the Point of Beginning of the tract of land herein to be described; thence North 05
degrees 31 minutes 47 seconds West, along the Easterly Right-of-Way line of Northwest
Gateway Drive a distance of 73.91 feet; thence South 89 degrees 28 minutes 16 seconds East,
a distance of 21.63 feet; thence North 76 degrees 51 minutes 04 seconds East, a distance of
87.19 feet; thence North 70 degrees 11 minutes 27 seconds East, a distance of 65.86 feet;
thence South 45 degrees 00 minutes 13 seconds East,a distance of 57.29 feet;thence South 62
degrees 54 minutes 35 seconds West, a distance of 102.44 feet; thence South 75 degrees 37
minutes 35 seconds West, a distance of 114.25 feet to the Point of Beginning.
B c'lot k_ 1 39 8 F' . lq e r 0
In accordance with the RTP grant award and 2 CFR 200.316,the Property has been improved
with grant funds and must be held in trust as trustees for the beneficiaries of the program funds
used to develop the Property by limiting use of the Property to outdoor recreational use, and
maintaining and operating the Property in accordance with all Civil Rights Laws for 25 years from
the signature date on this document. This Declaration shall be binding upon Owner and Owner's
heirs, successors, assigns and other transferees in interest (hereinafter "Transferees"), and shall
run with the land. Each instrument hereafter conveying any interest in the Property or any portion
of the Property, shall contain a notice of this Declaration. Owner, on its behalf and on behalf of all
Transferees, grants to the Department's representatives the right of access at reasonable times in a
reasonable manner for the purpose of inspection to determine compliance with these limitations.
Any act, conveyance, contract, or authorization by Owner or Transferee, whether written or
oral which would cause to be used, or would permit use of, the Property contrary to the terms of
this Declaration, will be deemed a violation and breach, and may require sale of the property
consistent with 2 CFR 200.311, and repayment of the award.
Failure to timely identify or enforce compliance with these activities and use limitations shall
not bar subsequent enforcement or be deemed a waiver of right to take action. If any provision of
this Declaration is found to be unenforceable in any respect,the validity,legality and enforceability
of the remaining provisions shall not in any way be affected or impaired.
IN WITNESS WHEREOF,this instrument is executed this 17th day of October, 2023.
City of Riverside, Missouri:
By: .1 I
Kathleen L. Rose, Mayor
Dated: October 17, 2023
<<. ATTT',
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. Robin Kincaid, City Clerk
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Bc,r.k 1S98 Pa q e 706
ACKNOWLEDGMENT
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this 1-71.day of D '. ,2023,before me, 1, ti., L ..K tic 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
P1 Alf r; County, the day and year last above written.
(SEAL)
c; ,.1--c.:it_ . 1.7.'7 ,f2c,,,CZ
ROBM L.KINCMD
NOTARY PUBLIC-NOTARY SEAL Printed Name: �.i,v L. Il p..J 6,6 j
STATE OF MISSOURI
MY COMMISSION EXPIRES MARCH 8,2027
G� Notary Public in and for said State
Commissioned in C,1 1,4,0 County
My Commission Expires: r\ 2' 10 a:7