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Home My WebLink AboutR-2025-076 Accepting Trail Easement from Patriots Bank RESOLUTION NO. R-2025-076 A RESOLUTION ACCEPTING A TRAIL EASEMENT FROM PATRIOTS BANK, A MISSOURI BANKING CORPORATION, NOW KNOWN AS CENTRAL BANK OF THE MIDWEST BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen ("Board") hereby approves and accepts the Trail Easement document, in substantially the form attached hereto, from Patriots Bank, a Missouri banking corporation, now known as Central Bank of the Midwest., and authorizes the Mayor to execute such easement document on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, the City Clerk 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, including recording the Trail Easement with the Platte County Recorder of Deeds. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 10th day of May 2025. Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk Recorded in Platte County, Missouri Recording Date/Time: 06/05/2025 at 03:39:06 PM Book: 1419 Page: 657 Instr#: 2025005580 Pages: 7 Fee: $42.00 S 20250005161 Christopher L. Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Trail Easement Date of Document: May 2, 2025 Grantor(s): Patriots Bank, a Missouri banking corporation now known as Central Bank of the Midwest 609 N. 291 Hwy Lee's Summit, MO 64086 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 Book 1419 Page 657 TRAIL EASEMENT THIS AGREEMENT,made this 20th day of May, 2025, by and between Patriots Bank, a Missouri banking corpora ion, now known as Central Bank of the Midwest,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: 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. 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. Grantee shall cause Grantor to be included as an additional insured on its liability coverage as to all claims,damages, or actions arising from the trail's public access. 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. Grantor 2 Book 1419 Page 657 shall have the right, but not the obligation, to perform maintenance and repairs to the Trail Easement Area in the event that Grantee fails to correct any deficiencies or perform any repairs within thirty(30)days of written notice thereof by Grantor and/or Grantor's tenant,or immediately in the case of an imminent danger to persons or property or a condition that jeopardizes the continuance of business operations on Grantor's property. 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 20th day of May, 2025. 3 Book 1419 Page 657 GRANTOR: PATRIOTS BANK, A MISSOURI BANKING CORPORATION NOW KNOWN AS CENTRAL BANK OF THE MIDWEST By: Steve M. Sulzer Printed Name: Steve M. Sulzer Title: EVP STATE OF Missouri ) ) ss. COUNTY Jackson ) ON THIS 2nd day of May 2025, before me personally appeared Steve Sulzer EVP (Title), of Patriots Bank,a Missouri banking corporation,now known as Central Bank of the Midwest,to me known to be the person described in and who executed the foregoing instrument on behalf of said corporation 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 Jackson County, the day and year last above written. (SEAL) TANYA LYNN DOOLITTLE NOTARY PUBLIC-NOTARY SEAL : SNotary Public in and for said State Commissioned in Cass County Notary Seal Image My Commission Expires:June 27, 2025 4 Book 1419 Page 657 GRANTEE CITY OF RIVERSIDE,MISSOURI: By: Kathleen L. Rose Printed Name: Kathleen L. Rose Title: Mayor ATTEST: Robin Kincaid, City Clerk STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS Of.20th day of May 2025, before me, personally appeared the honorable Kathleen L. Rose to me personally knokiin, 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 PUBUC-NOTARY SEAL STATE OF MISSOURI Printed Name: Robin Kncaid OH COMMISSION EXPIRES MARCH 8,2027 Notary Public in and for said State CUNTON COUNTY Commissioned in Platte County COMMISSION#15390631 My Commission Expires: March 8, 2027 5 [D t-k: 1 4 1 9 P-x g e 657 Exhibit A ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 50, RANGE 33, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER;THENCE NORTH 00 DEGREES 27 MINUTES 09 SECONDS EAST,ALONG THE WEST LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 460.04 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN TO BE DESCRIBED; THENCE CONTINUING ALONG SAID WEST LINE,NORTH 00 DEGREES 27 MINUTES 09 SECONDS EAST,A DISTANCE OF 37.50 FEET;THENCE NORTH 86 DEGREES 32 MINUTES 30 SECONDS EAST,A DISTANCE OF 60.06 FEET;THENCE SOUTH 07 DEGREES 55 MINUTES 05 SECONDS EAST,A DISTANCE OF 45.00 FEET;THENCE SOUTH 84 DEGREES 20 MINUTES 06 SECONDS WEST,A DISTANCE OF 15.46 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NW GATEWAY AVENUE;THENCE NORTH 84 DEGREES 26 MINUTES 03 SECONDS WEST,A DISTANCE OF 51.30 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 2,670.66 SQUARE FEET OR 0.06 ACRES MORE OR LESS. 6 Book 1419 Page 657 N86°32'30"E 60.06' IJ1 Z W Q o PROPOSED o co PERMANENT Q o TRAIL In 7 N EASEMENT In W7 cn POINT OF 0 BEGINNING Z N84°26'03"W 51.30' S84020'06"W V 15.46' EXISTING PROPOSED PERMANENT TRAIL EASEMENT 'v -PERMANENT I ALL THAT PART OF THE NORTHEAST t 1 Q u) c TRAIL I u. QUARTER OF SECTION 4, TOWNSHIP 50, w 1 w "? EASEMENT O RANGE 33, IN THE CITY OF RIVERSIDE, b) 0 = o = PLATTE COUNTY, MISSOURI DESCRIBED AS o ~ C O FOLLOWS: COMMENCING AT THE Ec o 0 z O SOUTHWEST CORNER OF SAID z z IIIU < NORTHEAST QUARTER; THENCE NORTH 00 1 1- w c DEGREES 27 MINUTES 09 SECONDS EAST, 1 u 0 ALONG THE WEST LINE OF SAID o O I Z Lu NORTHEAST QUARTER, A DISTANCE OF Z w (I) 460.04 FEET TO THE POINT OF BEGINNING J 1— x OF THE TRACT OF LAND HEREIN TO BE 1 LU < /\ w DESCRIBED; THENCE CONTINUING ALONG ' 0 / I SAID WEST LINE, NORTH 00 DEGREES 27 MINUTES 09 SECONDS EAST, A DISTANCE OF 37.50 FEET; THENCE NORTH 86 DEGREES 32 MINUTES 30 SECONDS EAST, A DISTANCE OF 60.06 FEET; THENCE SOUTH Vr 07 DEGREES 55 MINUTES 05 SECONDS II EAST, A DISTANCE OF 45.00 FEET; THENCE N I / GC› SOUTH 84 DEGREES 20 MINUTES 06 I N. I SECONDS WEST, A DISTANCE OF 15.46 \) 1 FEET TO A POINT ON THE WESTERLY / RIGHT OF WAY LINE OF NW GATEWAY I'I _ AVENUE; THENCE NORTH 84 DEGREES 26 K MINUTES 03 SECONDS WEST, A DISTANCE NT OF COMMENCEMENT OF 51.30 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND SOUTHWEST CORNER OF CONTAINING 2,670.66 SQUARE FEET OR THE NORTHEAST QUARTER 0.06 ACRES MORE OR LESS. 1 OF SECTION 4-50-33mi S N Y D E R o 20 ` PROPOSED PERMANENT TRAIL eEASEMENT &ASSOCIATESN FEET 123.0667.13 RIVERSIDE,PLATTE COUNTY,MISSOURI 102/17/25