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HomeMy WebLinkAboutR-2023-157 Approving and Accepting Temporary Construction Easement and Trail Easement from Nich Associates, LLC -Vivion Road Trail Project RESOLUTION NO. R-2023-157 A RESOLUTION APPROVING AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND TRAIL EASEMENT FROM NICH ASSOCIATES, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY, FOR THE VIVION ROAD TRAIL PROJECT WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best interest of the public to acquire a temporary construction easement and a trail easement further described herein in connection with construction of the Vivion Road Trail Project; 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 and accepts the Temporary Construction Easement and Trail Easement, in substantially the form attached hereto, from Nich Associates, L.L.C., a Missouri limited liability company, and further authorize the Mayor to execute the easements on behalf of the City; and FURTHER THAT compensation in the amount of $2,543.00 for the Temporary Construction Easement is hereby approved to acquire such Temporary Construction Easement; and FURTHER THAT compensation in the amount of $794.00 for the Trail Easement is hereby approved to acquire such Trail Easement; 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 7th day of November 2023. ayor Kathleen L. Ro e ATTEST: „ r • /f I Robin Kincaid;City.clerk , a Recorded in Platte County, Missouri II IIIII IIIII IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII Recording Date/Time: 11/09/2023 at 08:16:26 AM Book: 1399 Page: 252 4 o F '- Instr#: 2023011081 9Cc Pages: 8 1,. :����• Fee: $45.00.S 20230010065u;, Christopher L. Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Trail Easement Date of Document: 30 , 202 3 Grantor(s): Nich Associates,L.L.C., a Missouri limited liability company 1518 NW Vivion Rd Kansas City,MO 64118 Grantee's Name City of Riverside,Missouri and Address: 2950 NW Vivion Road Riverside,Missouri 64150 Legal Description: See Exhibit A. After recording,please return to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 1 Bc,ok 1399 Pa.ga 252 TRAIL EASEMENT THIS AGREEMENT, made this '6 day of 0L b / , 202 by and between Nich Associates,L.L.C.,a Missouri limited liability company,owner of the property herein described, hereinafter known as "Grantor", and the City of Riverside, Missouri, a municipal corporation,hereinafter known as "Grantee". WITNESSETH, that the Grantor, in consideration of the sum of Seven Hundred Ninety-Four Dollars ($794.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Trail Easement over, under and through the following described real estate being and situated in the County of Platte, and the State of Missouri,to-wit: See Exhibit A. Grant of Easement for Trail Facilities Grantee shall have the right to lay out, construct, develop, operate, maintain, identify, bridge, repair,remove or relocate a meandering trail path,to be located within the Trail Easement;to make topographical changes within the Trail Easement for the necessity and convenience of locating the trail and to protect the trail from erosion by the use of bridges, steps, water diversion structures or special trail surface covers or other appropriate measures; to post signs marking the trail footpath; to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value of the Trail Easement; mow, cut or remove soil, rock or vegetation; apply gravel, crushed stone, wood chips or paving, or other means of creating the trail surface (if any) and/or identifying the trail's path. These construction and maintenance activities may include vehicular use. Grantor shall not be responsible for maintaining the Trail Facilities and all areas within the Trail Easement. Grant of Easement for Public Access Grantee shall have the right to make available to the public a perpetual easement and right-of-way over the Trail Easement and the right to use trail facilities for the purposes of walking,jogging, running,bicycling and like activities,but specifically excluding all motorized vehicles except i) as authorized by Grantee for maintenance, management, police and emergency purposes, or ii) power-driven mobility devices for use by persons who have mobility impairments. Grantee shall have the right to regulate public access to, and activities within, the Trail Easement, provided further that Grantee shall have the right to prohibit public access and use from time to time as deemed necessary by Grantee through the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the Trail Easement so long as such gates or other obstructions do not interfere with the right of ingress to and egress from Grantor's retail/business center to the south of the Easement. No Obstruction Grantor shall not construct or place temporary or permanent buildings, gates, signage or other structures upon the Trail Easement or obstruct Grantee's right of passage on the trail within the Trail Easement Area without the City's consent, provided however, that nothing shall prohibit Grantor from otherwise developing Grantor's property in accordance with regular City development regulations nor shall Grantee's right of passage interfere with the right of ingress to and egress from Grantor's retail/business center to the south of the Easement. 2 r r epic.k 139'9' Paige 252 Binding Covenant The easement granted herein shall constitute an easement running with the land in perpetuity and shall burden the lands described above. Termination In the event that Grantee determines that the Trail Easement is no longer needed or desirable, Grantee may terminate said Easement by written release instrument duly signed by Grantee and fully acknowledged, and recorded in the land records of Platte County, Missouri. This Trail Easement may only be modified or amended by written instrument executed by the parties(or their successors in interest) and recorded in the land records of Platte County,Missouri. IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this . day of Oda be, ,2023 Nich Associates,L.L.C., a Missouri limited liability company GRANT Printed Name: �l/�-I� � p�G I I Grantor Name 3 8c Dk: 1 39'9 F}.age 252 STATE OF ) ) ss. COUNTY OF C/-_% ) ON THIS 3pffi day of 0di r , 202.5 before me personally appeared ifs 6412.1&/ of Nich Associates,L.L.C.,a Missouri limited liability company,to me known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. �I 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) Printed Name: )61/ /I %4,,r 6�� _ Notary Public in and for said State Commissioned in___7__� County hrie My Commission Expires valoNotary Seat Stato of Alissouri ' Platte County 4 My Commission Expires 811412027 Commission# 04464558 5 Blocs k 1399 Page 252 • • CITY OF RIVERSIDE,MISSOURI: ("GRANTEE") By: -/ Printed Name: Kathleen L. Rose P << Title: Mayor J - i 4-41 'EST:: ; , Robin.Kincaid, ity'Clerk 4 Bock 1399 Page 252 STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 7 day of ,2023,before me,personally appeared the honorable Kathleen L.Rose to me persona ly known,who being by me duly sworn,did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside,Missouri. IN_ATNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in / e, County,the day and year last above written. (REAL) ROBIN L IONCAID NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI • Printed Name: Robin ncaid EXPIRES COMMISSION EXPIRES MARCH 8„2027 CLINTON COUNTY Notary Public in and for said State COMMISSION#M5390631 Commissioned in Platte County My Commission Expires: Ltd g j cO1)1,--7.7 L.-lit B ak 1399 Page 252 Exhibit A A variable width strip of land lying South of and coincident with the Southerly right- of-way line of Vivion Road as now established, said variable width strip of land being located in the City of Riverside,Platte County,Missouri and being a portion of the tract of land described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as Document No. 0015311 in Book 0977 at Page 0293 and being situated in the Fractional Southwest Quarter of Section 34,Township 51 North, Range 33 West and the Fractional Northwest Quarter of Section 3,Township 50 North, Range 33 West. Said variable width strip of land being now more particularly described as follows: Commencing at the Northeast Corner of the Fractional Northwest Quarter of aforesaid Section 3,being also the Southeast corner of the Fractional Southwest Quarter of aforesaid Section 34;thence N 00°27'28"E along the East line of the tract of land described in the aforesaid Missouri Warranty Deed,being also along the East line of the Fractional Southwest Quarter said Section 34,a distance of 114.29 feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said Missouri Warranty Deed; thence S 67°44'14"W along said Southerly right- of-way line,being also along a line 50 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 277.45 feet to a jog in said Southerly right-of-way line; thence N 22°15'46"W along a jog in said Southerly right-of-way line,being also along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 6.55 feet to the Point of Beginning of the variable width strip of land to be herein described; thence continuing N 22°15'46"W along the last described course,a distance of 3.45 feet to a point 40 feet South of the centerline of said Vivion Road as measured perpendicular to the centerline thereof;thence S 67°44'14"W along said Southerly right-of-way line,being also along a line 40 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of 180.34 feet;thence N 68°57'03"E departing from the Northerly line of the tract of land described in said Missouri Warranty Deed and the Southerly right-of-way line of said Vivion Road,a distance of 82.55 feet;thence N 68°44'02"E, 97.83 feet to the Point of Beginning. This description having been prepared by Steven R.Whitaker,Missouri,P.L.S.No. 2005019220.MEC Corporate Certificate/License No. 2012009395. Containing 326 square feet,more or less. 7 1 6cecl k 1399 Pa.g e 252 ° • ' PERMANENT TRAIL EASEMENT I s LI 1 zz 41� I • W PA 3g� 5•q� NE COR. MO. ' 6�N� N22 of c ���� lu ARR4NTY DEED co• BK. 0977. G• � SE N9O1O -- 00101. of �� � 04 2�9 N.O9� 1 PG. 0293 j\j\� / . s69 8 0293 z w * — — --TO 11:,.,;,,— . —4030. . - \ _ _ _ i1 .4A3411 ° iTi‘' ‘ 14220.6.1.6-- - AO PG' o N6844027 �oZ 3"�3"� } 4- 97.83' c)z o /p N68 57'037 A 'ref i _ 82.55'IL ' v s r oiiIs Is I.` �1a R33 'C� �'c' �'ci G3 6,,,„�0. z0)�� N N 'S OJ�rvj V. �0293 NORTH OW 'S'i p'C Q PG f 0 50 100 a. �1 2 n a .° fop (IN FEET) \`�1JIIIl.lir7 W (6 1 inch=100 ft. p. OF ` ' E Z^� �, mom '• oo �l;� ST- � i CO a `tPft° ,� Z°= s MBER .0 -10 o,�;,PL5 2005019220s,�,` o / �',,4L I LAN " /7/ 46319 Z, T, ic a NIGH ENGINEER DRAWN BY I1'' VIVION TRAILS M.EBLEN J.BURNEI It �700 Swift Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF a ,, North Kansas Ci Missouri 64116 . KANSAS C4TY S.WHITAKER z McCLURE 816-'66-�°wtixv.mcd44n.wm MISSOURI SKETCH NO. COA:2012009395 201353-070 EXH-01 amaking lives better. EXPIRES:xxxX,XXXX JULY 17,2022 c • Recorded in Platte County, Missouri I liii IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recording Date/Time: 11/09/2023 at 08:16:26 AM Book: 1399 Page: 251 oP oF- Instr#: 2023011080 :1~ 1a` Pages: 7 •. Fee: $42.00 S 20230010065 ,;, Christopher L.Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Temporary Construction Easement Date of Document: a to 1oc/ 30 ,202 3 Grantor(s): Nich Associates,L.L.C.,a Missouri limited liability company 1518 NW Vivion Rd Kansas City,MO 64118 Grantee's Name City of Riverside,Missouri and Address: 2950 NW Vivion Road Riverside,Missouri 64150 Legal Description: See Exhibit A. After recording,please return to: City of Riverside Attn:Noel Bennion 2950 NW Vivion Road Riverside,Missouri 64150 1 B k 1399 Page 251 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made this 3 Q day of Oc_1- t c , 202 by - and between Nich Associates, L.L.C., a Missouri limited liability company, owner of the property herein described,hereinafter known as"Grantor",and the City of Riverside,Missouri, a municipal corporation,hereinafter known as"Grantee". WITNESSETH, that the Grantor, in consideration of the sum of Two Thousand Five Hundred Forty-Three Dollars ($2,543.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Temporary Construction Easement in conjunction with the construction of a trail, including but not limited to, landscaping, grading and sloping; the storage of materials; the operation of equipment; and the movement of a working force on,over, along, across, and under the following described real estate being and situated in the County of Platte, and the State of Missouri,to-wit: See Exhibit A. This temporary construction easement shall expire thirty-six (36) months from the date of its execution. Grantee shall restore the ground insofar as practicable to its original condition, after construction of said trail, or any subsequent maintenance or repair operations. Upon completion of the trail construction project, Grantor and Grantee shall mutually inspect and test Grantor's irrigation system to ensure that it is in good working order. Grantee shall repair such irrigation system to the extent any damage occurred as a result of the trail construction project. During construction of the trail project, Grantee agrees to keep at least one lane of the driveway open at all times for Grantee's tenants, or other such temporary entrance if necessary to ensure Grantee and its tenants have ingress and egress. This easement does not permit construction vehicles or equipment to be parked, at any time, in the Grantor's parking lot for its retail/business center to the south of the Easement. IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this 30 r` -day of ,.�b ,2023 2 E3coa ic 1399 Pa.c a 251 Nich Associates,L.L.C.,a Missouri limited liability company ("GRANTOR"): By: Printed Name: G'GLA,) C4 e'e Title: amfc - MIA ayl. re./ /7.)c STATE OF ) ) ss. COUNTY ) ON THIS ' day of CZ/dj-/, 2027. before me personally appeared (.j4.h c c 4 , ' /�,gj/,zj�y , ,of of Nich Associates, L.L.C., a Missouri limited liability c mpany, o me known t7o be the person described in and who executed the foregoing instrument on behalf of said limited liability 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 L'L41/ County,the day and year last above written. (SEAL) Printed Name:Y.4 1.44/It J6-4-✓ C 7 IS42/2— Notary Public in and for said State Commissioned in County Valorie Joan Guthrie My Commission Expires: Notary Seal My Commission Expires 811412027 Commission# 04464558 3 Bctic,ic 1 599 Page 251 CITY OF RIVERSIDE,MISSOURI: ("GRANTEE") By: /eattle140,%.re141:-// Printed Name:Kathleen L.Rose - Title:Mayor ', Robin Kincaid, ty Clerk STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 7-tc day of 0 %202_,before me,personally appeared the honorable Kathleen L.Rose to me personal y known,who being by me duly sworn,did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside,Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in Tiylfr County,the day and year last above written. (cFnr) ROBIN l..IQNCAID NOTARY PUBLIC-NOTARY SEAL. STATE OF MISSOURI Printed Name: Robin Kincaid FAY O�E CH 8,2027 COUNTY Notary Public in and for said State COMMISSION#15390631 Commissioned in Platte County My Commission Expires: 0,,,,:_kuL? /al)a,7 4 13c k 1399 Pa.ge 251 Exhibit A A variable width strip of land lying South of and coincident with the Southerly right- of-way line of Vivion Road as now established, said variable width strip of land being located in the City of Riverside,Platte County,Missouri and being a portion of the tract of land described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as Document No. 0015311 in Book 0977 at Page 0293 and being situated in the Fractional Southwest Quarter of Section 34,Township 51 North, Range 33 West and the Fractional Northwest Quarter of Section 3,Township 50 North, Range 33 West. Said variable width strip of land being now more particularly described as follows: Commencing at the Northeast Corner of the Fractional Northwest Quarter of aforesaid Section 3,being also the Southeast corner of the Fractional Southwest Quarter of aforesaid Section 34; thence N 00°27'28"E along the East line of the tract of land described in the aforesaid Missouri Warranty Deed,being also along the East line of the Fractional Southwest Quarter said Section 34,a distance of 114.29 feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said Missouri Warranty Deed;thence S 67°44'14"W along said Southerly right- of-way line,being also along a line 50 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of 179.27 feet to the Point of Beginning of the variable width strip of land to be herein described;thence continuing S 67°44'14"W along the last described course, a distance of 98.18 feet to a jog in said Southerly right-of-way line; thence N 22°15'46"W along a jog in said Southerly right-of-way line,being also along the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of 6.55 feet; thence S 68°44'02"W departing from the North line of the tract of land described in said Missouri Warranty Deed and the Southerly right-of-way line of said Vivion Road,a distance of 97.83;thence S 68°57'03"W,a distance of 82.55 feet to a point on the Southerly right-of- way line of said Vivion Road, said point being 40 feet South of the centerline of said Vivion Road as measured perpendicular to the centerline thereof and being also a point on the Northerly line of the tract of land described in said Missouri Warranty Deed;thence S 67°44'14"W along said Southerly right-of-way line,being along a line 40 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of 54.33 to the Northwest corner of the tract of land described in said Missouri Warranty Deed thence S 00°15'05"W along the West line of the tract of land described in said Missouri Warranty Deed, departing from said Southerly right-of-way line, a distance of 15.02 feet; thence N 67°45'O1"E, departing from the West line of the tract of land described in said Missouri Warranty Deed,a distance of 188.01 feet;thence S 22°19'02"E,40.07 feet; thence N 67°40'58"E perpendicular to the last described course,a distance of 100.00 feet; thence N 22°19'02"W perpendicular to the last described course,a distance of 18.83 feet;thence N 67°40'58"E perpendicular to the last described course, a distance of 50.68 feet; thence N 22°30'41"W, 25.02 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker,Missouri,P.L.S. No. 2005019220. MEC Corporate Certificate/License No. 2012009395. Containing 8,433_square feet,more or less. ALSO The Following Described Temporary Construction Easement 5 BDc'ic 1399 Page 251 A tract of land lying South of and coincident with the Southerly right-of-way line of Vivion Road as now established, said tract of land being located in the City of Riverside, Platte County,Missouri and being a portion of the tract of land described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as Document No. 0015311 in Book 0977 at Page 0293 and being situated in the Fractional Southwest Quarter of Section 34,Township 51 North,Range 33 West. Said tract of land being now more particularly described as follows: Commencing at the Southeast Corner of the Fractional Southwest Quarter of aforesaid Section 34,thence N 00°27'28"E along the East line of the tract of land described in aforesaid Missouri Warranty Deed,being also along the East line of the Fractional Southwest Quarter said Section 34,a distance of 87.13 feet to the Point of Beginning of the tract of land to be herein described; thence continuing N 00°27'28"E along the last described course, a distance of 27.16 feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said Missouri Warranty Deed; thence S 67°44'14"W along said Southerly right-of-way line,being along a line 50 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 23.04 feet; thence S 22°14'20"E,departing from said Southerly right-of-way line and the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of 25.05 feet; thence N 67°44'52"E, 12.56 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker,Missouri,P.L.S.No. 2005019220. MEC Corporate Certificate/ License No. 2012009395. Containing 446_square feet,more or less. The basis of the bearings for each of these descriptions is the Missouri State Plane Coordinate System,NAD 83,West Zone. 6 ,. Back 1399 Page 251 TEMPORARY CONSTRUCTION EASEMENT • • G • 3▪ �5 3� •• • I 2M • • ItiW NE FOR•T�P g.1 • • • Po war • NN\• o, a�yPi s.a, s61,3.04� 0 2 , —N02728t 2Z16' • 3 S— POINT OF I ▪ h4.7 oy. BEGINNING •• ram_ • • S� 25• y M • 13 • • N6'• 12.5 — f — — • 22 W 1 • W� I / 'PO/NT OF COMMENCING J �" I in . NE COR FRAC. NW y DETAIL • SEC. 3-T50N-R33W�� W�E COR. MO. 7 • SE C0R FRAC. SW g . •� O1 WARRANTY DEED o • SEC..34-T,51N-R3JW P !..4N1N0 BK. 0977, PG. 0293 yd 3 6E/ 411 �a 5�1 '`N 3 N ftfr i $67• �it A• SEE DETAIL t," Ns o ��9• V 7N/S SHEET ili a. ll N SSG R0P� 61'' y� '30.��'W 5 _ J. g. mow_. .X N6'' . o / 7 03 iu' , 4 z yo•68 NORTH 1 S68.5 y5 ! : �z a,N a 1^� �II �'% �cp \s''.4� 0.0 G S 0 50 101 sr 3� _ ,o � .y8 ooa3�3 Imo..,. s �Q� y� `/5�$y,eoi Off. N6�• O N t`U Z� �� �� 4 Wll�.pit 1 / tierrw t. r . tu el P3 RyZ's" I NNW CDR MO. I ' 1 .l� f� -' '� o WARRANTY DEED �l o"' o.1:4* R I* h^ BK. 0977, PG. 0293 N�'�a Rg3 'C� v ci v UMBER 'M z G 3-y P?S.r o. lulu W i' �LS.2005019220,�� �, ;�: W n M „pBOGS�A p,G,0293 k ��s�oyA t t.�3 scp,,•` 2OS rnN OBE 00'� P-cP �rnN 1, 11 , 10 30 0n�t-'3 Wme J0jy UJ1 Z,OZZ o ma 0 / m �E ) NICH ENGINEER DRAWN BY a oII VIVION TRAILS M.EBLEN J.BURNETTE x a 1700 Swift Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF a North Kansas Ci Missouri 64116 . S.WHITAKER z C e16 7�s oaaa KANSAS CITY M C L LIRE'E www.mcclurevislon.com • MISSOURI SKETCH NO. COA:2012009395 201353-070 EXH-02 a making lives better. EXPIRES:XXXX,XXXX JULY 17.2022 Recorded in Platte County, Missouri I 111111111 IIIIIIIIIIIIIIIIIllhI III Recording Date/Time: 12/06/2023 at 03:42:29 PM ,,,,,,,,,,,, Book: 1400 Page: 147 PvER Or Instr#: 2023011989 �. . ,1 :a� :o. Pages: 8 '�F'•......• '•,q) couHr�,4„to Fee: S45.00 S 20230010860 ,� Christopher L. Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Trail Easement Date of Document: bei J,2023 Grantor(s): Nich Associates,L.L.C.,a Missouri limited liability company 1518 NW Vivion Rd Kansas City, MO 64118 Grantee's Name City of Riverside,Missouri and Address: 2950 NW Vivion Road Riverside,Missouri 64150 Legal Description: See Exhibit A. Note: This is an updated recording of Book 1399 Page 252 to amend the signature to the Principal Manager. After recording, please return to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 1 E: c4:: 1 400 Pa_ r 14 r TRAIL EASEMENT THIS AGREEMENT,made this 5 day of De <e 4^b t ,202A by and between Nich Associates,L.L.C.,a Missouri limited liability company,owner of the property herein described, hereinafter known as "Grantor", and the City of Riverside, Missouri, a municipal corporation, hereinafter known as"Grantee". WITNESSETH, that the Grantor, in consideration of the sum of Seven Hundred Ninety-Four Dollars ($794.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Trail Easement over, under and through the following described real estate being and situated in the County of Platte, and the State of Missouri,to-wit: See Exhibit A. Grant of Easement for Trail Facilities Grantee shall have the right to lay out, construct, develop, operate, maintain, identify, bridge, repair,remove or relocate a meandering trail path,to be located within the Trail Easement;to make topographical changes within the Trail Easement for the necessity and convenience of locating the trail and to protect the trail from erosion by the use of bridges, steps,water diversion structures or special trail surface covers or other appropriate measures; to post signs marking the trail footpath; to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value of the Trail Easement; mow, cut or remove soil, rock or vegetation; apply gravel, crushed stone, wood chips or paving, or other means of creating the trail surface (if any) and/or identifying the trail's path. These construction and maintenance activities may include vehicular use. Grantor shall not be responsible for maintaining the Trail Facilities and all areas within the Trail Easement. Grant of Easement for Public Access Grantee shall have the right to make available to the public a perpetual easement and right-of-way over the Trail Easement and the right to use trail facilities for the purposes of walking,jogging, running,bicycling and like activities,but specifically excluding all motorized vehicles except i)as authorized by Grantee for maintenance, management, police and emergency purposes, or ii) power-driven mobility devices for use by persons who have mobility impairments. Grantee shall have the right to regulate public access to, and activities within, the Trail Easement, provided further that Grantee shall have the right to prohibit public access and use from time to time as deemed necessary by Grantee through the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the Trail Easement so long as such gates or other obstructions do not interfere with the right of ingress to and egress from Grantor's retail/business center to the south of the Easement. No Obstruction Grantor shall not construct or place temporary or permanent buildings, gates, signage or other structures upon the Trail Easement or obstruct Grantee's right of passage on the trail within the Trail Easement Area without the City's consent, provided however, that nothing shall prohibit Grantor from otherwise developing Grantor's property in accordance with regular City development regulations nor shall Grantee's right of passage interfere with the right of ingress to and egress from Grantor's retail/business center to the south of the Easement. 2 Ei k 1400 Page 14 r Binding Covenant The easement granted herein shall constitute an easement running with the land in perpetuity and shall burden the lands described above. Termination In the event that Grantee determines that the Trail Easement is no longer needed or desirable, Grantee may terminate said Easement by written release instrument duly signed by Grantee and fully acknowledged, and recorded in the land records of Platte County, Missouri. This Trail Easement may only be modified or amended by written instrument executed by the parties(or their successors in interest)and recorded in the land records of Platte County, Missouri. IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this 5 day of Per L,y11o( / ,202 3 Nich Associates,L.L.C., a Missouri limited liability company GRANTOR: "( 6friw Renee Campbell Principal Manager 3 E: =t I-: 1 400 Ps.- q ._ 1 47 • CITY OF RIVERSIDE,MISSOURI: ("GRANTEE") By: Ic,bLt,t) Printed Name: Kathleen L.Rose 4, `� ` Title: Mayor • ATFEST • Robin Kinc 'it;:Ci Clerk 4 is.,ci k: 1 400 P-_+- sa 1. 47 STATE OF l40,16. cr7 ) �� ) ss. COUNTY OF C"—'" l ON THIS J' day of Pe e.--bef , 2023, before me personally appeared Renee Campbell of Nich Associates, L.L.C., a Missouri limited liability company, to me known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. 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) Printed Name: )/4',�� 1 •v� /� Notary Public in and for said State Commissioned in ,1440.1 County My Commission Expires: Valorie Joan Guthrie State of Missouri Platte County My Commission Expires 8/14/2027 Commission# Q4464558 5 E:r.ID k: 1 4!_!!_! P-a. q ._ 1 4 r STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 6 day of ac6 ksa;202 before me,personally appeared the honorable Kathleen L.Rose to me personally known,who being by me duly sworn,did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside,Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in T/,a-i f l. County,the day and year last above written. (CEAL) ROBIN L IWCAID NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI Printed Name: Robin caid MY COMMISSION CLINTON CH 8' Notary Public in and for said State COMMISSION#15390631 Commissioned in Platte County My Commission Expires: 1 6 E:c k: 1 4 0 0 F'.a. .a 14 7 J. 1 • Exhibit A A variable width strip of land lying South of and coincident with the Southerly right- of-way line of Vivion Road as now established, said variable width strip of land being located in the City of Riverside,Platte County,Missouri and being a portion of the tract of land described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as Document No. 0015311 in Book 0977 at Page 0293 and being situated in the Fractional Southwest Quarter of Section 34,Township 51 North, Range 33 West and the Fractional Northwest Quarter of Section 3,Township 50 North, Range 33 West. Said variable width strip of land being now more particularly described as follows: Commencing at the Northeast Corner of the Fractional Northwest Quarter of aforesaid Section 3,being also the Southeast corner of the Fractional Southwest Quarter of aforesaid Section 34;thence N 00°27'28"E along the East line of the tract of land described in the aforesaid Missouri Warranty Deed,being also along the East line of the Fractional Southwest Quarter said Section 34,a distance of 114.29 feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said Missouri Warranty Deed;thence S 67°44'14"W along said Southerly right- of-way line,being also along a line 50 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 277.45 feet to a jog in said Southerly right-of-way line;thence N 22°15'46"W along a jog in said Southerly right-of-way line,being also along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 6.55 feet to the Point of Beginning of the variable width strip of land to be herein described; thence continuing N 22°15'46"W along the last described course,a distance of 3.45 feet to a point 40 feet South of the centerline of said Vivion Road as measured perpendicular to the centerline thereof;thence S 67°44'14"W along said Southerly right-of-way line,being also along a line 40 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 180.34 feet;thence N 68°57'03"E departing from the Northerly line of the tract of land described in said Missouri Warranty Deed and the Southerly right-of-way line of said Vivion Road,a distance of 82.55 feet;thence N 68°44'02"E,97.83 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker,Missouri,P.L.S.No. 2005019220.MEC Corporate Certificate/License No.2012009395. Containing 326 square feet,more or less. 7 E:.ICt F:_ 1 400 P-_+_ •1 r 1 47 t PERMANENT TRAIL EASEMENT 1 .---I a`3 3 r,) ulcr ►.ii P I /�i W 1 :,,,,..2.,,,_„_„,--'-' .---- IA 33\14 ,46� — i 5. ``�R° MO. 3� 1N N2255 / o_ vIvI w WARRANTY DEED co' BK. 0977, SSG RO F� Pp(N NN Of W,2�1•-N UN Z a PG. 0293 \1\\I\oN / BEG 6''a4y4 BK G0293 Z ~ S .* PG. W . — — Z �INp�f� 4,w,1g0' ' N22,�5'4f' — — m 561' 1 6.55 5 N68 44 02'� 3 3 9783' o� 3'n 3,"3,) o �o N685703"E 22 �� �� 82.55' -� �'o v2 I a 3� U UA m O O� N \0ya3 o 0,1 � S�N-RSkP NO. z �G 3 \I\I N �N'S N SSSOv OG�� �N 0 NORTH O��0 ��1� P�QPG 0 50 100 a N �� i I o( (IN FEET) a �� F M/ W C'i 1 inch= 100 ft. x �"1 �G +r++r+rr;�'$0'' m� N Z1\� �+so_o w ,,rn`v ST� 00 fj =� o _* _ Is m4 ,cc - _p_ SABER ;o_ z ;cio' P,LStiq 2L0 r 0„5L0p1N9O2 2+03�,v4 _,4pI,, .�C "�11 `+ 3 0 w /7/ ZB, Zoe z M s a.a. NICH ENGINEER DRAWN BY x hi VIVION TRAILS M.EBLEN J.BURNETTE a 1700 Swrft Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF North Kansas City.Missouri 64116 S.WHITAKER i MCCLURE T" sas 6-0 Miss KANSAS CITYwww mcclurevision corn MISSOURI SKETCH NO o COA:2012009395 201353-070 E X H-01 making lives better, EXPIRES.XXXX,XXXX JULY 17,2022 Recorded in Platte County, Missouri I liii I IIII 1111111111 1111!II IIIII I I I Recording Date/Time: 12/06/2023 at 03:42:29 PM Book: 1400 Page: 148 / Instr N: 2023011989 Pages: 7 = • •4 •g Fee: S42.00 S 20230010860 "=,°0UNr1,' ''` Christopher L. Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Temporary Construction Easement Date of Document: D,r_o_.,.cLoei 5,202S Grantor(s): Nich Associates,L.L.C.,a Missouri limited liability company 1518 NW Vivion Rd Kansas City,MO 64118 Grantee's Name City of Riverside,Missouri and Address: 2950 NW Vivion Road Riverside,Missouri 64150 Legal Description: See Exhibit A. Note: This is an updated recording of Book 1399 Page 251 to amend the signature to the Principal Manager. After recording,please return to: City of Riverside Attn:Noel Bennion 2950 NW Vivion Road Riverside,Missouri 64150 1 Blain 1400 Page 148 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made this S day of a i..,b t , 202.5by and between Nich Associates, L.L.C., a Missouri limited liability company, owner of the property herein described,hereinafter known as"Grantor",and the City of Riverside,Missouri, a municipal corporation,hereinafter known as"Grantee". WITNESSETH, that the Grantor, in consideration of the sum of Two Thousand Five Hundred Forty-Three Dollars ($2,543.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Temporary Construction Easement in conjunction with the construction of a trail, including but not limited to, landscaping, grading and sloping; the storage of materials; the operation of equipment; and the movement of a working force on,over, along, across, and under the following described real estate being and situated in the County of Platte, and the State of Missouri,to-wit: See Exhibit A. This temporary construction easement shall expire thirty-six (36) months from the date of its execution. Grantee shall restore the ground insofar as practicable to its original condition, after construction of said trail,or any subsequent maintenance or repair operations. Upon completion of the trail construction project, Grantor and Grantee shall mutually inspect and test Grantor's irrigation system to ensure that it is in good working order. Grantee shall repair such irrigation system to the extent any damage occurred as a result of the trail construction project. During construction of the trail project, Grantee agrees to keep at least one lane of the driveway open at all times for Grantee's tenants, or other such temporary entrance if necessary to ensure Grantee and its tenants have ingress and egress. This easement does not permit construction vehicles or equipment to be parked, at any time, in the Grantor's parking lot for its retail/business center to the south of the Easement. IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this day of IOtcc,M bef ,202'S 2 E:,_,CI I-:: 1 4 00 P- _ ,a r 1 4 Nich Associates,L.L.C.,a Missouri limited liability company ("GRANTOR"): By: czote4i.et trit,,e,ef..„, • Renee Campbell Principal Manager STATE OF ) ) ss. COUNTY ) ON THIS 5 day of 'Dew*?bYe, 202_, before me personally appeared Renee Campbell, Principal Manager of of Nich Associates, L.L.C., a Missouri limited liability company, to me known to be the person described in and who executed the foregoing instrument on behalf of said limited liability company and acknowledged to me that she/he executed the same with authority on its behalf. IN WCI I''NESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in IY County,the day and year last above written. (SEAL) .dkei; if,a,e--h42.z.Z Printed Name. yyL4.05";,4i¢rt-60,77,1€/ Notary Public in and for sai Stat Commissioned in 1//dolowel County Valorie Joan Guthrie Notary Seal State of Missouri My Commission Expires: Platte County My Cbmrnisslon Expires 8/14/2027 Commission# 04464558 3 Eici t 1400 F'-E .1 .r 148 CITY OF RIVERSIDE,MISSOURI: ("GRANTEE") By • Printed Name:Kathleen L.Rose Title: Mayor Robin Kincaid, ty Clerk STATE OF MISSOURI ) )ss: COUNTY OF PLATTE ) ON THIS day of b,(0[a2,2023,before me,personally appeared the honorable Kathleen L.Rose to me personally known,who being by me duly sworn,did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside,Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in T( E County,the day and year last above written. (SEAL) c= \ ROBIN L.iONCAD NOTARY PUBUC"NOTARY SEAL STATE OF MISSOURI Printed Name: Robin incaid MY COMMISSION EXPIRES MARCH 8,2027 Notary Public in and for said State Cr,MMON COUNTY IS N*15390631 Commissioned in Platte County My Commission Expires: 4 8c' ' k: 1 4000 P a. e. 1 4 Exhibit A A variable width strip of land lying South of and coincident with the Southerly right- of-way line of Vivion Road as now established, said variable width strip of land being located in the City of Riverside,Platte County,Missouri and being a portion of the tract of land described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as Document No.0015311 in Book 0977 at Page 0293 and being situated in the Fractional Southwest Quarter of Section 34,Township 51 North, Range 33 West and the Fractional Northwest Quarter of Section 3,Township 50 North, Range 33 West. Said variable width strip of land being now more particularly described as follows: Commencing at the Northeast Corner of the Fractional Northwest Quarter of aforesaid Section 3,being also the Southeast corner of the Fractional Southwest Quarter of aforesaid Section 34;thence N 00°27'28"E along the East line of the tract of land described in the aforesaid Missouri Warranty Deed,being also along the East line of the Fractional Southwest Quarter said Section 34,a distance of 114.29 feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said Missouri Warranty Deed;thence S 67°44'14"W along said Southerly right- of-way line,being also along a line 50 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 179.27 feet to the Point of Beginning of the variable width strip of land to be herein described;thence continuing S 67°44'14"W along the last described course,a distance of 98.18 feet to a jog in said Southerly right-of-way line; thence N 22°15'46"W along a jog in said Southerly right-of-way line,being also along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 6.55 feet; thence S 68°44'02"W departing from the North line of the tract of land described in said Missouri Warranty Deed and the Southerly right-of-way line of said Vivion Road,a distance of 97.83;thence S 68°57'03"W,a distance of 82.55 feet to a point on the Southerly right-of- way line of said Vivion Road,said point being 40 feet South of the centerline of said Vivion Road as measured perpendicular to the centerline thereof and being also a point on the Northerly line of the tract of land described in said Missouri Warranty Deed;thence S 67°44'14"W along said Southerly right-of-way line,being along a line 40 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 54.33 to the Northwest corner of the tract of land described in said Missouri Warranty Deed thence S 00°15'05"W along the West line of the tract of land described in said Missouri Warranty Deed,departing from said Southerly right-of-way line,a distance of 15.02 feet;thence N 67°45'01"E,departing from the West line of the tract of land described in said Missouri Warranty Deed,a distance of 188.01 feet;thence S 22°19'02"E,40.07 feet;thence N 67°40'58"E perpendicular to the last described course,a distance of 100.00 feet;thence N 22°19'02"W perpendicular to the last described course,a distance of 18.83 feet;thence N 67°40'58"E perpendicular to the last described course,a distance of 50.68 feet;thence N 22°30'41"W,25.02 feet to the Point of Beginning.This description having been prepared by Steven R. Whitaker,Missouri,P.L.S. No.2005019220. MEC Corporate Certificate/License No. 2012009395. Containing 8,433 square feet,more or less. ALSO The Following Described Temporary Construction Easement 5 k: 1 400 P. . q 1 4:3 A tract of land lying South of and coincident with the Southerly right-of-way line of Vivion Road as now established, said tract of land being located in the City of Riverside, Platte County,Missouri and being a portion of the tract of land described as set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as Document No.0015311 in Book 0977 at Page 0293 and being situated in the Fractional Southwest Quarter of Section 34,Township 51 North,Range 33 West. Said tract of land being now more particularly described as follows: Commencing at the Southeast Corner of the Fractional Southwest Quarter of aforesaid Section 34,thence N 00°27'28"E along the East line of the tract of land described in aforesaid Missouri Warranty Deed,being also along the East line of the Fractional Southwest Quarter said Section 34,a distance of 87.13 feet to the Point of Beginning of the tract of land to be herein described;thence continuing N 00°27'28"E along the last described course,a distance of 27.16 feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said Missouri Warranty Deed;thence S 67°44'14"W along said Southerly right-of-way line,being along a line 50 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 23.04 feet; thence S 22°14'20"E,departing from said Southerly right-of-way line and the Northerly line of the tract of land described in said Missouri Warranty Deed,a distance of 25.05 feet;thence N 67°44'52"E, 12.56 feet to the Point of Beginning.This description having been prepared by Steven R.Whitaker,Missouri,P.L.S.No.2005019220.MEC Corporate Certificate/ License No.2012009395. Containing 446 square feet,more or less. The basis of the bearings for each of these descriptions is the Missouri State Plane Coordinate System,NAD 83,West Zone. 6 E: II-= 14.00 F• a ge 1 1 .7' TEMPORARY CONSTRUCTION EASEMENT • a `3 • •S . 1 HONRD. . �c.i . • f— 4( 0 OEE°0293 • 6 k o. 5 23'� N0772B'�-27.I E' p29,�4.20 5/' BEGINNING r`_ S22 25•Li 00' 3 • • 146 r �,�12 c.6 r 2 Z 2 z :POINT OF COMMENCING • I • NE COR. FRAC. NW y4 DETAIL • o SEC. 3-T5ON-R33W v NE COR. MO. D SEC,3.47 TLu �51A•N-R.5W4 Pa 4NN N BWARRAN 0977, PG.0293 l ��ij 0 S�1 ya FL33 Z • - 6/'44y�' ,�-SEE DETAIL a. pl£ N A 3� �y1N s 5. Ra`L :' o. 5 1/9.2 Ail V w THIS SHEET • R o op c.csiS� Rp PO A6,•,Fg9�� 2.30r41� NN A 35 N\\J\pN ,w s j N25 p2 09 3 A 2 N w 0 'Sties,55. - — \J 50.68 NORTH a 7•4�35 i iQ9\v i100 O'513 w.0 0 z k'Z3 n5 10� 5q. 01' tD 46/ `'' ti v 3 i 3 We l if ct (no- t _ .45 �CCaj�`W N6 c J2Gz s'r\,otI ' . .f 'do ' w NW COR. MO. I I .I h, S 1 '0 o ' WARRANTY DEED \O o"' o� , i ' KER =& o BK. 0977, PG. 0293 N•id 50N 9�PNNo z k, L 4.* • LS•2005019220,* o, �\SSO pOG 3�1\N G�0293 W �lO�'A L,r Lit,NQ WSJ a 2Nrn °v.- P 1,,(PP �0)o La �Z g1 o 0 h NICH ENGINEER DRAWN BY I"0 VIVION TRAILS M.EBLEN J.BURNETTE a 1700 Swan Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF c_ Kanss 6C75'6-0444 un 64116 . KANSAS CITY S.WHITAKER MC C L U R E r North www mcclurevision.com 3 • MISSOURI SKETCH NO. COA:2012009395 201353-070 E X H—02 o making lives better. EXPIRES:XXXX•XXXX JULY 17,2022