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Home My WebLink AboutR-2023-169 Accepting a Trail Easement from Riverside Townhouses, Inc. RESOLUTION NO. R-2023-169 A RESOLUTION ACCEPTING A TRAIL EASEMENT FROM RIVERSIDE TOWNHOUSES, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: 1. That the Riverside Board of Aldermen ("Board") hereby approves and accepts the Trail Easement document, in substantially the form attached hereto, from Riverside Townhouses, Inc., and authorizes the Mayor to execute such easement document on behalf of the City. 2. 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 THIS jq DAY OF m1jpt 2023, BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI. APPROVED: r' Mayor Kathleen L. Rose 4 • ,7 • ATT1 , .4, r r ity leeds Irobin•I 'nc�id Recording Cover Sheet Title of Document: Trail Easement Date of Document: 9 ,2023 Grantor(s): RIVERSIDE TOWNHOUSES, INC. 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 TRAIL EASEMENT THIS AGREEMENT, made this /q�'day of T ECEM 6E-/e... , 2023, by and between Riverside Townhouses, Inc., 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 Ten ($10.00) Dollars 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: A tract of land in the Northeast Quarter,Northwest Quarter of Section 4 Township 50 Range 33, Riverside, Platte County,Missouri,described as follows:Commencing at the Northeast corner of the Northwest Quarter of said Section 4;thence South 00 degrees 27 minutes 21 seconds West,along the East line of said Northwest Quarter,distance of 651.97 feet;thence North 89 degrees 32 minutes 39 seconds West,a distance of 738.69 feet to the Point of Beginning of the tract of land herein to be described;thence North 89 degrees 32 minutes 39 seconds West;a distance of 73.21; thence North 44 degrees 00 minutes 00 seconds, a distance of 225.00 feet; thence North 18 degrees 01 minutes 58 seconds West,a distance of 67.93 feet,thence South 44 degrees 23 minutes 56 seconds East,a distance of 153.49 feet; thence South 64 degrees 15 minutes 26 seconds East,a distance of 78.67 feet;thence South 40 degrees 59 minutes 16 seconds East,a distance of 110.20 feet to the Point of Beginning. Said tract contains 11,747.60 square feet more or less. Upon completion of the trail connection, Grantor and Grantee will record an amendment to this easement narrowing the dimensions of the easement to reasonably encompass the trail connection's location and dimensions. 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. Grantee shall be responsible for maintaining the Trail facilities in good condition. Grantor shall not be responsible for maintaining the Trail facilities. 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) 2 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. 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, provided however, that nothing shall prohibit Grantor from otherwise developing Grantor's property in accordance with regular City development regulations. 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 ,2023. Riverside Townhouses, Inc. GRANTOR: By: Printed Name: Title: President 3 CITY OF RIVERSIDE, MISSOURI: ("GRANTEE") By: Printed Name: Kathleen L. Rose Title: Mayor KITESf7' mr 11°F Robin�Cincaid,Ca ;Clerk 4 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) ON THIS day of , 2023, before me personally appeared , President of the RIVERSIDE TOWNHOUSES, INC., 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: Robin Kincaid Notary Public in and for said State Commissioned in Platte County My Commission Expires: 5 STATE OF MISSOURI ) )ss: COUNTY OF PLATTE ) 1 ON THIS /V—day of . ,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 E County,the day and year last above written. (SEAL) ROBIN L IXIN',AD NOTARY PUBLIC-NOTARY SEAL Printed Name: Robin Kin aid STATE OF MISSOURI 1Y COMMISSION EXPIRES MARCH 8,2027 Notary Public in and for said State CUMTON COUNTY „ Itt539063t Commissioned in Platte County My Commission Expires/ Gt1 6 Recorded in Platte County, Missouri lID I IIFIMI III Recording Date/Time: 01/05/2024 at 03:41:48 PM Book: 1401 Page: 105 01:c O .•OE Instr#: 2024000169 =� I' . i. ;°1 Pages: 6 ='�'. • .°J;• Fee: S39.00 S 20240000153 .°OUHrr, �9' Christopher L. Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Trail Easement Date of Document: 7 c n\ c ' 19 ,2023 Grantor(s): RIVERSIDE TOWNHOUSES, INC. 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 1 ,_, l-:: 1 4 0 1 F'-y. q € 1 0 TRAIL EASEMENT THIS AGREEMENT, made this lei— day of -hECEh1 Loa- , 2023,by and between Riverside Townhouses, Inc., 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 Ten ($10.00) Dollars 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: A tract of land in the Northeast Quarter,Northwest Quarter of Section 4 Township 50 Range 33, Riverside, Platte County,Missouri,described as follows:Commencing at the Northeast corner of the Northwest Quarter of said Section 4;thence South 00 degrees 27 minutes 21 seconds West,along the East line of said Northwest Quarter,distance of 651.97 feet;thence North 89 degrees 32 minutes 39 seconds West,a distance of 738.69 feet to the Point of Beginning of the tract of land herein to be described;thence North 89 degrees 32 minutes 39 seconds West;a distance of 73.21; thence North 44 degrees 00 minutes 00 seconds, a distance of 225.00 feet;thence North 18 degrees 01 minutes 58 seconds West,a distance of 67.93 feet,thence South 44 degrees 23 minutes 56 seconds East,a distance of 153.49 feet; thence South 64 degrees 15 minutes 26 seconds East,a distance of 78.67 feet;thence South 40 degrees 59 minutes 16 seconds East,a distance of 110.20 feet to the Point of Beginning. Said tract contains 11,747.60 square feet more or less. Upon completion of the trail connection, Grantor and Grantee will record an amendment to this easement narrowing the dimensions of the easement to reasonably encompass the trail connection's location and dimensions. 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. Grantee shall be responsible for maintaining the Trail facilities in good condition. Grantor shall not be responsible for maintaining the Trail facilities. 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) 2 Bo+a k 1 40 1 F'a_ e 1 0 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. 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, provided however, that nothing shall prohibit Grantor from otherwise developing Grantor's property in accordance with regular City development regulations. 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 T ,24237- 251 Riverside Townhouses, Inc. GRANTOR: Bye. Printed Name: , Title: President 3 B0c k 1 40 1 F.-. q e 10 CITY OF RIVERSIDE, MISSOURI: ("GRANTEE") By: Printed Name: Kathleen L. Rose Title: Mayor ATTES • Wain-Kincaid,Ci• •;Clerk • 4 B4c k 1401 Page 105 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) 2aay ON THIS 6111 day of :)G(KA04'5 , 3-, before me personally appeared `Da /vt , President of the RIVERSIDE TOWNHOUSES, INC., 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 f?lq ( - County,the day and year last above written. (SEAL) SARAH TIPTON-KLEE /G ' Notary Public-Notary Seal Clay County-StateNumber of22978658 Missouri Commission Printed Name: Sbt t(i h " My Commission Expires Mar 7, 2026 ► Notary Public in and for said State Commissioned in Platte County My Commission Expires: v G ')0 a 5 BDa k 1 40 1 F'-�- q r 10 STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS I4 day of . ,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 W�TNIaSS WHEREOF, I have hereunto set my hand and affixed my seal at my office in E County,the day and year last above written. (SEAL) ROBIN L iWCAID NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI Printed Name: Robin Kin aid • MY COMMISSION EXPIRES MARCH 8,2027 Notary Public in and for said State CLINTON COUNTY -,OMMSSION 53900 Commissioned in Platte County "".".A ._ My Commission Expires: k t S'I�� 6