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HomeMy WebLinkAbout2090 Authorizing the City to Terminate a Tempory Construction Easement BILL NO. 2025-052 ORDINANCE NO. 2090 AN ORDINANCE AUTHORIZING THE CITY TO TERMINATE A TEMPORARY CONSTRUCTION EASEMENT WHEREAS, the City of Riverside, Missouri a fourth-class city organized and existing under the laws of the State of Missouri ("City") was granted a temporary construction easement pursuant to that certain Temporary Construction Easement, by Harry Lee Boggess, III, dated July 17, 2003, and recorded September 24, 2003 in the office of the Platte County Recorder of Deeds, a copy of which is attached as Exhibit A and incorporated herein (the "Temporary Construction Easement"); and WHEREAS, the construction referenced in the Temporary Construction Easement has been completed and accepted by the City, and the City now desires to terminate the Temporary Construction Easement; and WHEREAS, City Staff recommends the City's Board of Aldermen to authorize the City to execute and record a Termination of the Temporary Construction Easement in substantially the same form and upon the same conditions as the Termination of Temporary Construction Easement attached hereto as Exhibit B, and incorporated herein; and WHEREAS, the Board of Aldermen find that authorization of the execution and recording of the Termination of Temporary Construction Easement, as contained in Exhibit B, attached hereto and incorporated herein, fulfills a public purpose and will provide an opportunity to further the growth of the City, facilitate the development of Riverside, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, increase the sales tax revenues realized by the City, foster increased economic activity within the City, increase employment opportunities within the City, and otherwise be in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — BEST INTEREST OF THE CITY TO AUTHORIZE THE CITY TO EXECUTE AND RECORD A TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT. It is in the best interest of the City, in order to provide an opportunity to further the growth of the City, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City, further the objectives of the TIF Plan, further build out the public infrastructure and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers, to authorize the City to execute and record a Termination of Temporary Construction Easement in substantially the same form as that attached hereto as Exhibit B, and incorporated herein. SECTION 2—AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel to the City—Spencer Fane LLP, and other appropriate officials and employees of the City are hereby authorized and directed to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance 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. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. 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 1st day of July, 2025. Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk Approved as to form: by Joe Bednar, Spencer Fane LLP, Special Counsel to the City - 2 - JEFFERSONCITY 17566477.1 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT [attached behind this page] - 3 - JEFFERSONCITY 17566477.1 EXHIBIT B TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT [attached behind this page] - 4 - JEFFERSONCITY 17566477.1 For Recorder Use Only Recording Cover Sheet for Missouri Name of Document: Termination of Temporary Construction Easement Grantor(s): City of Riverside, Missouri Grantor's Mailing Address: 2950 NW Vivion Road, Riverside, Missouri 64150 Grantee(s): City of Riverside, Missouri Grantee's Mailing Address: 2950 NW Vivion Road, Riverside, Missouri 64150 Date of Document: July 1, 2025 Statutory Recording Reference, if any: Temporary Construction Easement, Book 1017, Page 227, Instrument# 0027359 Legal Description: See Exhibit A attached hereto. - 5 - JEFFERSONCITY 17566477.1 TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT THIS TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT (this "Termination") is made effective as of this 1st day of July 2025, by the CITY OF RIVERSIDE, MISSOURI, a political subdivision(the"City"), having an address of 2950 NW Vivion Road, Riverside, Missouri 64150. RECITALS The City was granted a temporary construction easement pursuant to that certain Temporary Construction Easement, granted by Harry Lee Boggess, III, dated July 17, 2003, recorded September 24, 2003 at Instrument No. 0027353, in Book 1017, Page 227 in the Office of the Platte County Recorder of Deeds,over that certain parcel of real property legally described on Exhibit A attached hereto and made a part hereof(the"Easement Parcel"). Construction of the public road has been completed and the City has accepted the construction,and as a result the Temporary Construction Easement is no longer needed and in connection therewith,the City has agreed to terminate the Temporary Construction Easement. The City now desires to terminate the Temporary Construction Easement and to provide record notice of such termination by recording this Termination in the Office of the Platte County Recorder of Deeds. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the City agrees as follows: Termination of Temporary Construction Easement. The City hereby terminates,releases and relinquishes the Temporary Construction Easement, including without limitation the easements, obligations,rights,and covenants granted therein,and such Temporary Construction Easement shall,from and after today's date,be of no further force and effect. Covenants Running with the Land. All provisions of this Termination shall run with the Easement Parcel to the benefit of the successors,heirs,personal representatives,future trustees and assigns of the City. Authority. The City represents and warrants that the person executing this Termination on its behalf has been duly authorized by the City to execute this Termination. Applicable Law. This Termination shall be construed and enforced in accordance with the laws of the State of Missouri without regard to its conflict of laws provisions. Counterparts. This Termination may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts, when taken together, shall constitute one and same instrument. [The next page is the signature page] JEFFERSONCITY 17566477.1 IN WITNESS WHEREOF,the City has duly executed this Termination as of the date first above written. CITY OF RIVERSIDE,MIS O By: Kathleen L. Rose,Mayor Date: 1 ) D.L AT'fST By: • t Robin Kincaid, City Clem ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) ON THIS / Sfi day of. 2025, before me,the undersigned, a Notary Public in and for said County and state, personally appeared 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 municipal corporation duly organized and existing under the laws of the state of Missouri, and that the seal affixed to the foregoing instrument is the seal of said municipality, and that said instrument was signed and sealed in behalf of said municipality by free act and deed of said municipality. WITNESS my hand and official seal in the County and State aforesaid,the day and year first above written. ROBIN L IANCAID NOTARY PUBLIC-NOTARY SEAL STATE OF MARCH RI Notary Public ignature MY COMMISSION EXPIRES IRES M 8,2027 (Seal) cuNTONCOUNTY / l COMMISSION#15390631 ob r,v G L . A.) 4.,6 Printed or Typed Name My Commission Expires:�/ik&k64 �/ L JEFFERSONCITY 17566477.1 EXHIBIT A EASEMENT PROPERTY PROJECT NAME: WEST PLATTE PROJECT NUMBER: 2010013100 LOCATION: RIVERSIDE, MISSOURI NEW CENTERLINE DESCRIPTION: A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES THAT IS DESCRIBED FROM AND RELATED TO THE FOLLOWING DEFINED LINE ALONG WEST PLATTE ROAD LOCATED IN SECTIONS 4 AND 3, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN THE CITY OF RIVERSIDE,PLATTE COUNTY, MISSOURI AND SECTIONS 3 AND 10,TOWNSHIP 50 NORTH, RANGE 33 WEST, IN THE CITY OF KANSAS CITY, CLAY COUNTY, MISSOURI. BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE. SAID DEFINED LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MONUMENT AT THE COMMON SECTION CORNER OF SECTIONS 3, 4,9 AND 10,TOWNSHIP 50 NORTH, RANGE 33 WEST; THENCE N00.25'26'E ALONG THE EAST UNE OF SAID SECTION 4, A DISTANCE OF 1237.82 FEET; THENCE N89°34'34"W ALONG A UNE THAT IS PERPENDICULAR TO THE EAST UNE OF SAID SECTION 4, A DISTANCE OF 1838.92 FEET TO THE POINT OF BEGINNING OF SAID DEFINED LINE, BEING AT PC STATION 48400; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WITH AN INITIAL TANGENT BEARING OF 551.16'09"E AND HAVING A CENTRAL ANGLE OF 16°41'S0" AND A RADIUS OF 1347.23 FEET, FOR AN ARC DISTANCE OF 392.61 FEET TO PT STATION 51+92.61; THENCE 567°57'59•E TANGENT TO LAST DESCRIBED COURSE, A DISTANCE OF 695.14 FEET TO PC STATION 58+87.75; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 04.40'05' AND A RADIUS OF 4000.00 FEET, AN ARC DISTANCE OF 325.89 FEET TO PT STATION 62+13.64;THENCE 572'38'04'E TANGENT 70 LAST DESCRIBED COURSE, A DISTANCE OF 371.66 FEET 70 PC STATION 65485.30; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 07°53'05" AND A RADIUS OF 4000.00 FEET, AN ARC DISTANCE OF 550.45 FEET TO PT STATION 71 4 35.75; THENCE S64'44'59'E TANGENT TO LAST DESCRIBED COURSE, A DISTANCE OF 967.13 FEET TO PC STATION 81+02.88; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09434'48' AND A RADIUS OF 1100.00 FEET, AN ARC DISTANCE OF 183.92 FEET TO PT STATION 82+86.80;THENCE 555°10'11'E TANGENT TO LAST DESCRIBED COURSE, A DISTANCE OF 394.12 FEET TO THE POINT OF TERMINATION OF SAID DEFINED UNE AT STATION 86+80.93. TRACT 008006 BOGGESS PLATTE COUNTY BEGINNING AT A POINT 50.00 FEET RIGHT OF STATION 50+25.00; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 00° 52' 36', A RADIUS OF 1397.23 FEET, AND AN ARC LENGTH OF 21.38 FEET TO A POINT 50.00 FEET RIGHT OF STATION 50+45.61; THENCE SOUTHWESTERLY ALONG A STRAIGHT UNE TO A POINT 70.00 FEET RIGHT OF STATION 50+37.79; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 00° 32'39',A RADIUS OF 1417.23 FEET,AND AN ARC LENGTH OF 13.46 FEET TO A POINT 70.00 FEET RIGHT OF STATION 50+25.00; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING AT 50.00 FEET RIGHT OF STATION 504 25.00. THE TRACT DESCRIBED ABOVE CONTAINS 348 SQUARE FEET. JEFFERSONCITY 17566477.1 • 0027359 j "-' g .STA1 E Or MISSOURI c3 COUNTY OF PLATTE I CERTIFY INSTRUMENT RECEIVED 2003 SEP 24 A I I:38 2 i 'o q �� ���� Q. �� RECORDED BOOK►`- 'PG.�a �n \�' IDA COX.PL TTE CO.RECORDER 'a-, i �, utFc3' • - 3U2 .j'SS —a0 TEMPORARY CONSTRUCTION EASEMENT O ALL MEN BY THESE PRESENTS: That as of the 71 day of ,2003, the undersigned HARRY LE II, e. er referre o antor and having an address of 1�'/,( � in consideration of the sum of Ten and No/100 Dollars 1 0)a d of va uable consideration, the receipt of which is hereby acknowledged, hereby conveys and releases to THE CITY OF RIVERSIDE,MISSOURI, a political subdivision,and its successors and assigns, hereinafter x referred to as Grantee and having an address of 2950 NW Vivion Road, Riverside,Missouri, 64150, a Temporary Construction Easement,including without limitation the right of entrance, C7 occupation, construction and use of the property hereinafter more particularly described as — follows: -.I c-) 0 See Schedule A attached hereto. N N. v Such is granted for the purposes of constructing, improving, widening and reconstructing a public road and right of way improvement and related appurtenances,referred to the Project,as shown by the plans of said Project as prepared for Grantee,a true copy of which is on file in the office of the City Clerk,City of Riverside,Missouri,at the Grantee's address provided above and as such plans may be amended from time to time. Said right of entrance, occupation, construction and use shall continue during construction and for a period of six(6)months after completion and acceptance of the project by the City. Grantor and his heirs, executors, administrators, successors and assigns hereby waive, and release Grantee from,any and all claims for any and all damages to Grantor's remaining property contiguous to the property hereby conveyed by reason of the location,construction,landscaping or maintenance of said Project. LA d- Tom.,rift lv • BK I 0 17PG0227 P This grant of a temporary construction easement shall run with the land and shall be binding upon the Grantor and his heirs,administrators,executors,successors and assigns. The City may transfer and assign this easement in its sole discretion. IN TESTIMONY WHEREOF,GRANTOR has hereunto set his hand as of the date first written above. "GRANTOR":HARRY LEE BOGGESS,III ACCEPTED BY: CITY OF RIVERSIDE,MISSOURI ("GRANTEE") Print Name: Betty Burch Title: Mayor ATTEST. C Y CLERK 1:1CLI ENTS\61492%.005111C0)34899.DOC 2 BR I 0 17PG0227 STATE OF ) )ss. COUNTY OF ) On this /7 y of,�, 2003, before me, a Notary Public, personally appeared ,P_ .52ZT and , 4 me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office the day and year last above written. N ry Public My ommissionQQ expires:/ ?e/O�(il/�/ LOUISE F.RUSICN Notary Fibllc-Notary Seal Stole OI MISSOU(i Plane County STATE OF ) notv Commission Exiles Aug'28.2005 )8S. COUNTY OF ) On this •ay of / , 2003, before me, the undersigned, a Notary Public, appeared Oka/ IrfJ to me personally known, who, being by me duly sworn,did say that( e is t e of the CITY OF RIVERSIDE,MISSOURI, a body politic and corporate duly authorize.,incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City,and that said instrument was signed and sealed in behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN WITNESS WHEREOF,I have hereunto s y hand al afti • ty notarial seal,the day and year last above written. N ry Public My mmission expires: LJ OUSE F.RUSICK y Public-Notary Seal late of Mr sa_i Plane County eon Expos Aup.28. 1.'CI.IENTS\61492`0005 I SK0330699.DOC 3 BKI0I7PG0227 Schedule A Legal Description(Tract No. ) (see attached) 1:1CLIENTSl61092b005I%KO334899.DOC 4 002'7359 SCHEDULE A BK 10 17 PG 0 2 2 7 PROJECT NAME:WEST PLATTE PROJECT NUMBER: 2010013100 LOCATION: RIVERSIDE,MISSOURI NEW CENTERLINE DESCRIPTION: A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES THAT IS DESCRIBED FROM AND RELATED TO THE FOLLOWING DEFINED LINE ALONG WEST PLATTE ROAD LOCATED IN SECTIONS 4 AND 3,TOWNSHIP 50 NORTH,RANGE 33 WEST, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI AND SECTIONS 3 AND 10,TOWNSHIP 50 NORTH, RANGE 33 WEST, IN THE CITY OF KANSAS CITY, CLAY COUNTY, MISSOURI. BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE.SAID DEFINED LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MONUMENT AT THE COMMON SECTION CORNER OF SECTIONS 3, 4,9 AND 10,TOWNSHIP 50 NORTH, RANGE 33 WEST;THENCE NOO°25'26"E ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 1237.82 FEET; THENCE N89°34'34"W ALONG A LINE THAT IS PERPENDICULAR TO THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 1838.92 FEET TO THE POINT OF BEGINNING OF SAID DEFINED LINE, BEING AT PC STATION 48+00;THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WITH AN INITIAL TANGENT BEARING OF S51°16'09"E AND HAVING A CENTRAL ANGLE OF 16°41'50" AND A RADIUS OF 1347.23 FEET, FOR AN ARC DISTANCE OF 392.61 FEET TO PT STATION 51+92.61; THENCE 567°57'59"E TANGENT TO LAST DESCRIBED COURSE, A DISTANCE OF 695.14 FEET TO PC STATION 58+87.75; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 04°40'05" AND A RADIUS OF 4000.00 FEET, AN ARC DISTANCE OF 325.89 FEET TO PT STATION 62+13.64;THENCE S72°38'04"E TANGENT TO LAST DESCRIBED COURSE,A DISTANCE OF 371.66 FEET TO PC STATION 65+85.30; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 07°53'05"AND A RADIUS OF 4000.00 FEET, AN ARC DISTANCE OF 550.45 FEET TO PT STATION 71+35.75; THENCE S64°44'59"E TANGENT TO LAST DESCRIBED COURSE, A DISTANCE OF 967.13 FEET TO PC STATION 81+02.88; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09°34'48" AND A RADIUS OF 1100.00 FEET, AN ARC DISTANCE OF 183.92 FEET TO PT STATION 82+86.80;THENCE 555°10'11"E TANGENT TO LAST DESCRIBED COURSE, A DISTANCE OF 394.12 FEET TO THE POINT OF TERMINATION OF SAID DEFINED LINE AT STATION 86+80.93. TRACT 008006 BOGGESS PLATTE COUNTY BEGINNING AT A POINT 50.00 FEET RIGHT OF STATION 50+25.00;THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 00° 52' 36", A RADIUS OF 1397.23 FEET, AND AN ARC LENGTH OF 21.38 FEET TO A POINT 50.00 FEET RIGHT OF STATION 50+45.61; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT 70.00 FEET RIGHT OF STATION 50+37.79; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 000 32'39",A RADIUS OF 1417.23 FEET,AND AN ARC LENGTH OF 13.46 FEET TO A POINT 70.00 FEET RIGHT OF STATION 50+25.00; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING AT 50.00 FEET RIGHT OF STATION 50+25.00. THE TRACT DESCRIBED ABOVE CONTAINS 348 SQUARE FEET.