HomeMy WebLinkAboutR-2025-036 Accepting Trail Easement from Riverside Townhomes, IncRESOLUTION NO. R-2025-036
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 1ST DAY OF APRIL 2025, BY THE BOARD OF ALDERMEN OF THE CITY
OF RIVERSIDE, MISSOURI.
APPROVED:
/s/ Kathleen L. Rose
Mayor Kathleen L. Rose
ATTEST:
/s/ Robin Kincaid
City Clerk Robin Kincaid
Recorded in Platte County, Missouri
Recording Date/Time: 04/02/2025 at 03:39:17 PM
Book: 1417 Page: 90
Instr N: 2025002987
Pages: 4
Fee: $33.00 S 20250002764
CITY OF RIVERSIDE
Christopher L. Wright
Recorder of Deeds
Recording Cover Sheet
Title of Document: Modification of Trail Easement
Date of Document: March 24, 2025
Grantor(s): RIVERSIDE TOWNHOUSES, INC.
Grantee's Name and Address:
City of Riverside, Missouri
2950 NW Vivion Road
Riverside, Missouri 64150
Recorded in Platte County, Missouri
Legal Description: A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
4, TOWNSHIP 50, RANGE 33, RIVERSIDE, PLATTE COUNTY, MISSOURI, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST, ALONG
THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 651.97 FEET; THENCE NORTH
89 DEGREES 32 MINUTES 39 SECONDS WEST, A DISTANCE OF 786.90 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 32 MINUTES 39 SECONDS WEST, A
DISTANCE OF 73.21 FEET; THENCE NORTH 44 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 225.00 FEET; THENCE NORTH 18 DEGREES 01 MINUTE 58 SECONDS WEST, A
DISTANCE OF 25.00 FEET; THENCE NORTH 45 DEGREES 36 MINUTES 04 SECONDS EAST, A
DISTANCE OF 19.06 FEET; THENCE SOUTH 44 DEGREES 23 MINUTES 56 SECONDS EAST, A
DISTANCE OF 115.03 FEET; THENCE SOUTH 46 DEGREES 00 MINUTES 00 SECONDS WEST, A
DISTANCE OF 8.33 FEET; THENCE SOUTH 42 DEGREES 13 MINUTES 53 SECONDS EAST, A
DISTANCE OF 150.16 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING
0.14 ACRES OR 6,242.14 SQUARE FEET, MORE OR LESS.
After recording, please return to:
City of Riverside
Attn: Noel Bennion
2950 NW Vivion Road
Riverside, Missouri 64150
Book 1417 Page 90
MODIFICATION OF TRAIL EASEMENT
This Modification of Trail Easement ("Modification") is made on this 2 ftIday of March 2025
between Riverside Townhouses, Inc., ("Grantor"), and the City of Riverside, Missouri
("Grantee").
WHEREAS, Grantor and Grantee entered into a Trail Easement Agreement dated
December 19, 2023, and recorded in the land records of Platte County, Missouri (Book 1401 Page
105), granting a trail easement over certain property owned by Grantor (the "Original Easement");
and
WHEREAS, the trail connection has been fully constructed and its fmal location and
dimensions have been established; and
WHEREAS, the parties desire to modify the Original Easement to narrow its dimensions
to reasonably encompass the completed trail while preserving the City's rights to operate,
maintain, and regulate public access to the trail; and
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee
agree as follows:
1. MODIFICATION OF EASEMENT AREA. The legal description of the Trail Easement
granted in the Original Easement is hereby modified to reflect the actual location and dimensions
of the constructed trail. The new legal description of the Trail Easement is as follows:
A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 50, RANGE 33,
RIVERSIDE, PLATTE COUNTY, MISSOURI, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST, ALONG
THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 651.97 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 39
SECONDS WEST, A DISTANCE OF 786.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 32
MINUTES 39 SECONDS WEST, A DISTANCE OF 73.21 FEET; THENCE NORTH 44 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 225.00 FEET; THENCE NORTH 18 DEGREES 01 MINUTE 58 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE
NORTH 45 DEGREES 36 MINUTES 04 SECONDS EAST, A DISTANCE OF 19.06 FEET; THENCE SOUTH 44 DEGREES 23 MINUTES 56
SECONDS EAST, A DISTANCE OF 115.03 FEET; THENCE SOUTH 46 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
8.33 FEET; THENCE SOUTH 42 DEGREES 13 MINUTES 53 SECONDS EAST, A DISTANCE OF 150.16 FEET TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINING 0.14 ACRES OR 6,242.14 SQUARE FEET, MORE OR LESS.
2. CONTINUED EFFECT OF ORIGINAL EASEMENT. Except as expressly modified by
this Modification, all other terms, conditions, and obligations of the Original Easement remain in
full force and effect.
3. RECORDING. This Modification shall be recorded in the land records of Platte County,
Missouri, and shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
4. NO FURTHER MODIFICATIONS. This Modification constitutes the entire amendment
to the Original Easement. No further modifications shall be effective unless executed in writing
by both parties and duly recorded.
Book 1417 Page 90
IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed this 24th day
of March, 2025.
Riverside Townhouses, Inc.
GRANTOR:
By: /s/ Caleb Borland
Printed Name: Caleb Borland
Title: President
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
ON THIS 24th day of March, 2025, before me personally
appeared Caleb Borland, 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 Platte County, the day and year last above written.
(SEAL)
/s/ Amy Thompson
My Commission Expires: 5/2/2027
AMY THOMPSON
My Appointment Expires
May 2, 2027
Book 1417 Page 90
CITY OF RIVERSIDE, MISSOURI: ("GRANTEE")
By: /s/ Kathleen L. Rose
Printed Name: Kathleen L. Rose
Title: Mayor
ATTEST:
/s/ Robin Kincaid
Robin Kincaid, City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
ON THIS 1st day of April, 2025, before me, personally appeared the honorable
Kathleen L. Rose to me personall 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 Platte County, the day and year last above written.
(SEAL)
ROBIN L. KINCAID
NOTARY PUBLIC - NOTARY SEAL.
STATE OF IIISSOURI
MY COMMISSION EXPIRES MARCH 8, 2027
CLINTON COUNTY
COMMISSION #/15390631
/s/ Robin L. Kincaid
Printed Name: Robin Kincaid
Notary Public in and for said State
Commissioned in Platte County
My Commission Expires: March 8, 2027