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Home My WebLink About2055 Granting Sewer Easement to Kansas City MIssouri BILL NO. 2025=009 ORDINANCE NO. 2055 AN ORDINANCE AUTHORIZING AND APPROVING THE GRANTING OF A SEWER EASEMENT TO THE CITY OF KANSAS CITY, MISSOURI AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO WHEREAS, the CITY OF RIVERSIDE, MISSOURI, a fourth-class city organized and existing under the laws of the State of Missouri ("Grantor" and "City"), owns certain property more particularly described in the Sanitary Sewer Easement ("Easement") attached hereto and incorporated herein as Exhibit A; and WHEREAS, the CITY wishes to convey to KANSAS CITY, MISSOURI, a Charter City, organized and existing under the laws of the State of Missouri and/or its assigns ("Grantee")the Easement for the location, construction, reconstruction, maintenance, operation and repair of sewerage improvements and any and all appurtenances incidental thereto in, under, upon, over and through the following-described tract of land lying, being and situate in Kansas City, Platte County, Missouri; and WHEREAS, to ensure that such easement is in effect if the City transfers the Property, the City desires to grant an easement over the premises; a legal description is set forth in Exhibit A. NOW THEREFORE BE IT ORDAINED BY THE BO RD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS SECTION 1. — The granting of the easement in the premises is approved and the execution and delivery of the Sewer Easement("Easement") in substantially the form attached as Exhibit A with such changes as the Mayor shall agree, the execution of the Easement being conclusive proof of such agreement, the performance of City obligations under the Easement, and the executions and delivery of all documents and the performance of all actions related thereto are approved, authorized and directed SECTION 2 - AUTHORITY GRANTED. The Mayor, the City Administrator, the City Attorney, the Special Counsel to the City, the Finance Officer 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 this Ordinance consistent with the Ordinances of the City and the laws of the State of Missouri. SECTION 3- EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. WA 4320116.1 .BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside Missouri this 4th day of February, 2025. /s/ Kathleen L. Rose Mayor Kathleen L. Rose /s/ Robin Kincaid Robin Kincaid, City Clerk Approved as to form: /s/ Joe Bednar Spencer Fane Britt & Browne LLP, by Joe Bednar Special Counsel to the City Attorney 2 WA 4320116.1 Exhibit A The Sewer Easement 3 WA 4320116.1 Recorded in Platte County, Missouri Recording Date/Time: 02/06/2025 at 03:51:03 PM Book: 1415 Page:236 Instr #: 2025001119 Pages: 5 Fee: $36.00 S 20250001032 CITY OF RIVERSIDE Chrislopher L. Wright Recorder of Deeds Type of Document: Sanitary Sewer Easement Date of Document: February 4, 2025 Grantor(s): City of Riverside, Missouri Grantee(s): City of Kansas City, Missouri Grantee(s) Mailing Address: 414 East 1211 Street, Kansas City, MO 64106 Legal Description: See Page 2 Olsson 1301 Burlington St., Suite 100 North Kansas City, MO 64116 SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: That City of Riverside, hereinafter called GRANTOR for and in consideration of one dollar ($1.00) and other valuable considerations the receipt of which is hereby acknowledged, does hereby grant, remise, release and forever quitclaim unto KANSAS CITY, a Missouri municipality, hereinafter called GRANTEE (414 East 12th Street, Kansas City, Missouri, 64106), an easement for the location, construction, reconstruction, maintenance, operation and repair of sewerage improvements and any and all appurtenances incidental thereto in, under, upon, over and through the following -described tract of land lying, being and situate in Kansas City, Platte County, Missouri, to -wit: Pagel of 3 Sanitary Sewer Easement Sanitary Sewer Easement Part of Lot 14A, of LOT 14A & 14B, RIVERSIDE HORZIONS EAST FIRST PLAT, a subdivision of land in the Northwest Quarter of Section 8, Township 50 North, Range 33 West of the 5th Principal Meridian in Riverside, Platte County, Missouri recorded December 6, 2024 as Instrument Number 2024012405 in Book 23 at Page 148 in the Office of Recorder of Deeds, Platte County, Missouri being bounded and described by or under the direct supervision of Jeffrey P. Means P.L.S. 2000147866, under the authority of Olsson C.L.S. 366, as a Sanitary Sewer Easement as follows: Commencing at the Northwest corner of said Lot 14A, also being the Southwest corner of Lot 1, of REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision of land in said Riverside recorded April 18, 2012 as Instrument Number 2012005462 in Book 21 at Page 12 in said Office of Recorder of Deeds, Platte County, Missouri and also being a point on the Existing Easterly right-of-way line of HORIZONS PARKWAY, as displayed on said REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT (displayed as Van de Populiere Road on RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision of land in said Riverside recorded March 9, 2012 as Instrument Number 2012003467 in Book 21 at Page 10 in said Office of Recorder of Deeds, Platte County, Missouri); thence South 00'24' 10" West, on said Existing Easterly right-of-way line, also being the West line of said Lot 14A, a distance of 178.86 feet to the Point of Beginning of the tract of land to be herein described; thence leaving said Existing Easterly right-of-way line and leaving said West line, South 89°35'50" East, 7.50 feet; thence South 00'24' 10" West, being 7.50 feet Easterly and parallel to said Existing Easterly right-of-way line and said West line, 15.00 feet; thence North 89°35'50" West, 7.50 feet to a point on said Existing Easterly right-of-way line and said West line; thence North 00'24' 10" East, on said Existing Easterly right-of-way line and said West line, 15.00 feet to the Point of Beginning. Containing 113 square feet, more or less. Page 2 of 3 Sanitary Sewer Easement By the granting of this easement, it shall not be construed to prohibit the GRANTOR from developing any adjoining property or from the laying out, establishing and constructing pavement, surfacing of roadways, curbing and gutters along, upon, over or across said easement or any portion thereof; provided, however, said easement shall be kept free from additional depth of overburden, buildings, and any other structure or obstruction (except sidewalks, roadways pavement, grass, shrubs, fences, or curbs), which will interfere with the GRANTEE in entering upon said adjacent land and easement for the purpose of laying, constructing, reconstructing, operating, repairing and maintaining such sewerage improvements and appurtenances. GRANTOR further state that it is lawfully seized of any indefeasible title in fee to the lands through which said easement is granted, and that they have good and lawful title and right to convey said easement to the GRANTEE aforesaid. IN TESTIMONY WHEREOF, the said GRANTOR has hereunto set its hand this 4th day of February, 2025. City of Riverside By: /s/ Kathleen L. Rose Name Title STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) On this 4th day of February, 2025, before me appeared Kathleen L. Rose, to me personally known, who being by me duly sworn, did say that he/she is Mayor of City of Riverside and at the instr ment was signed in behall'ofsaid limited liability company and said Notary Robin L. Kincaid acknowledged said instrument to be the free act and deed of said City of Riverside. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Riverside, Missouri, the day and year last above written. /s/ Robin L. Kincaid Notary Public in and for said County and State My term expires March 8, 2027 ROBIN L KINCAID NOTARY PUBLIC - NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES MARCH 8, 2027 CUNTON COUNTY COMMISSION #15390631 Page 3 of 3 Sanitary Sewer Easement PROJECT NO: 024-03286 SANITARY SEWER EASEMENT #1 EXHIBIT DRAWN BY: NRW LOT 14A, LOT 14A & 14B RIVERSIDE HORIZONS EAST FIRST PLAT DATE: 2025-01-10 NW 1/4, SEC. 8, T5ON, R33W, RIVERSIDE, PLATTE COUNTY, MISSOURI HORIZONS PARKWAY (PER REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT) VAN DE POPULIERE ROADWAY (PER RIVERSIDE HORIZONS EAST FIRST PLAT) LOT 1, REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT INSTRUMENT # 2012005462 BOOK 21 PAGE 12 (description: drawing of easement on Lot 1, Replat of Lot 13, Riverside Horizons East) SCALE IN FEET 1" = 100' 1301 Burlington Street North Kansas City, MO 64116 TEL 816.361,1177 FAX 816.361.1888 www.olsson.com Olsson - Land Surveying - MO 366, KS 114. MO Certificate of Authority-001592 olsson EXHIBIT 1