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Home My WebLink AboutR-2025-120 Accepting Trail Easement from Edward and Kathi Rule for Line Creek TrailRESOLUTION NO. R-2025-120 A RESOLUTION ACCEPTING A TRAIL EASEMENT FROM EDWARD D. RULE AND KATHI J. RULE, HUSBAND AND WIFE 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 Edward D. Rule and Kathi J. Rule, husband and wife, 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 day of - 2025. A�,&_ gat-) Mayor Kathleen L. Rose ATTEST: •. Robin Kincaid, City Clerk Recorded in Plane County, Missouri [I IN111111111IIIIIIIIIIIIIIIIIIIIIIIII11111111111 Recording Date/Time: 07/10/2025 at 03:39:21 PM Book: 1421 Page: lE1 `�WVaaoen oroE.� . Instr X: 2025007115 ' 3'.,'�'iF : Z Pages: 7 �_ ''•.. e Fee: S42.00 S 20250006575 �o0MT1. •�J ChrinopAer L. WrigAl CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Trail Easement Date of Document: tA �,—_J, 2025 Grantor(s): Edward D. Rule and Kathi J. Rule, husband and wife 4523 NW Gateway Ave Riverside, MO 64150 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 2950NW Vivion Road Riverside, Missouri 64150 Book 1421 Page 181 TRAIL EASEMENT THIS AGREEMENT, made this 1st day of July, 2025, by and between Edward D. Rule and Kathi J. Rule, husband and ife, owners 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 Book 1421 Page 181 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 instrment 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 J9day of 2025. Book 1421 Page 181 GRANTOR: Edward D. Rule and Kathi J. Rule, husband and wife By: Printed Name: Edward D. Rule By: Printed Name: Kathi J. Rule STATE OF Missouri ) )ss. COUNTY Platte ) ON THIS 16 day of June, 2025, before me personally appeared Edward D. Rule and Kathi J. Rule, husband and wife, 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 WITNE S WHEREOF, I have hereunto set my hand and affixed my seal at my office in County, the day and year last above written. Notary Seal Sarah Griffin Printed Name: Sarah Griffin Notary Public in and for said State Commissioned in Jackson County My Commission Expires:12/15/28 Book 1421 Page 181 GRANTEE CITY OF RIVERSIDE, MISSOURI: Printed Name: Kathleen L. Rose Title: Mayor ATTEST_ Robin.Kincaid, City Clerk STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 1st day of 2025, before me, personally appeared the honorable Kathleen L. Rose to me person kn n, 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 County, the day and year last above written. (SEAL) Robin L. Kincaid Notary Seal Printed Name: Robin Kincaid Notary Public in and for said State Commissioned in Platte County My Commission Expires: March 8, 2027 5 Book 1421 Page 181 Exhibit A All that part of the Northeast Quarter of Section 4, Township 50, Range 33, Riverside, Platte County, Missouri, described as follows: Commencing at the Southwest Comer of the Northeast Quarter of said Section4; thence North 00 degrees 27 minutes 09 seconds East, a distance of 637.44 feet; thence South 89 degrees 32 minutes 51 seconds East, a distance of 542.82 feet; thence North 64 degrees 34 minutes 35 seconds East, a distance of 219.32 feet, to the Point of Beginning of the Centerline of the 40' Trail Easement with 20 feet lying of either side of said Centerline herein to be described; thence North 64 degrees 34 minutes 35 seconds East, a distance of 94.71 feet; thence North 48 degrees 06 minutes 22 seconds East, a distance of 57.22 feet; thence North 03 degrees 04 minutes 24 seconds East,. a distance of 187.05 feet; thence North 28 degrees 39 minutes 26 seconds East, a distance of 122.52 feet to the Point of Termination. Said limits shall be lengthened or shortened to the intersection of said grantors' Northerly and Southerly Lines. Y xr3rv..ma3<Smarrpn3.r nrrYr. vmma..a3mwYm e p.66y.ymeratl Y3ecL iyymm 9vi Y..fYm JF116Y Y Il MrSysSJRe sa Rsr TM W rGi YINSmrYrkrie6wYm Ww6.YrYC PMiTmYW IWa Y41s(lsls `Ju Iw Aewemaa J W Vauw', NaYb mi3nYblAw L£fi E\"U My.VW 4v Yrvlr / N fOe Nv Y,v Cmu•JsmedaT^^YESg1 S.nY 31.e YN. SYm4 a.YY. Y f m .\ Rm3 d141Y3mIQmedWSunmRYmlk✓t I aw n.W.rww.a rc..r W Ssm3M iym4 3. 4. W.i.easvv YOB Wr ..,+a Pa..ILmdnw W. my aJtrf nY✓btlTlPrw W4Y SRiStlg3aiY wNfWYbiw4tlW.t Wal4rM 4m sbd'4 eiWaLmdWlWYwuMu\Y Sy rYY4dWIM.YUY4lIIYBsv38Rr '... iSim )IdY.ioAOat IIIn YSY IYMI Y'Awlm3v 9Y Y Y i 4/Sv w f aM Y Y 'W VYmJW ri^a NwiM'M'^WMRa Line Creek Trail North Half of 4" 50s 33 Riverside, Platte County, Missouri Exhibits 1 I , I / j 1 V A S 1 w \ \✓\vY /N / J ' \ \ \ \ I 1 VYLR • D_D s w I4 RV! RIVIEIOYR y i SNYDER = iA88OC1A188 3 n.nN _ m sneer Na 01 an n