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:
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Robin Kincaid;City.clerk
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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
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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
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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
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�700 Swift Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF
a ,, North Kansas Ci Missouri 64116 . KANSAS C4TY S.WHITAKER
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McCLURE 816-'66-�°wtixv.mcd44n.wm MISSOURI SKETCH NO.
COA:2012009395 201353-070 EXH-01
amaking lives better. EXPIRES:xxxX,XXXX JULY 17,2022
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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
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a 1700 Swift Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF
a North Kansas Ci Missouri 64116 . S.WHITAKER
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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�
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Pages: 8 '�F'•......• '•,q)
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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: "(
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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
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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
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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
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PERMANENT TRAIL EASEMENT 1
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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
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TEMPORARY CONSTRUCTION EASEMENT
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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