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HomeMy WebLinkAboutR-2025-121 Approving and Accepting Right of Way and a Temporary Construction Easement From Young Real Estate Investments, LLC RESOLUTION NO. R-2025-121 A RESOLUTION APPROVING AND ACCEPTING RIGHT OF WAY AND A TEMPORARY CONSTRUCTION EASEMENT FROM YOUNG REAL ESTATE INVESTMENTS, LLC, A MISSOURI LIMITED LIABILITY COMPANY FOR THE RIVERWAY BOULEVARD IMPROVEMENTS PROJECT WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best interest of the public to acquire right of way and a temporary construction easement further described herein in connection with construction of the Riverway Boulevard Improvements Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board of Aldermen ("Board") hereby approves and accepts the Right of Way Deed and Temporary Construction Easement, in substantially the form attached hereto, from Young Real Estate Investments, LLC, a Missouri limited liability company, and further authorizes the Mayor to execute the right of way and easement on behalf of the City; and FURTHER THAT compensation in the amount of $940.00 for the Right of Way is hereby approved to acquire such Right of Way; and FURTHER THAT compensation in the amount of $1,105.00 for the Temporary Construction Easement is hereby approved to acquire such Temporary Construction Easement; and FURTHER THAT the City Clerk, or her designee, is hereby authorized and directed to file a fully executed copy of the deed and easements with the Recorder of Deeds in Platte County; and FURTHER 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 AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri,the 1st day of July, 2025. Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk Recorded in Platte County, Missouri Recording Date/Time: 07/10/2025 at 03:39:21 PM Book: 1421 Page: 184 Instr #: 2026007118 Pages: 6 Fee: $39.00 S 20250006675 Christopher L. Wright CITY OF RIVERSIDE Recorder of Deeds Recording Cover Sheet Title of Document: Temporary Easement Date of Document: July 1, 2025 Grantor(s): Young Real Estate Investments, LLC, a Missouri limited liability company 2401 NW Platte Road Riverside, Missouri 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 2950 NW Vivion Road Riverside, Missouri 64150 1 TEMPORARY EASEMENT THIS AGREEMENT, made this, 1st day of July, 2025, by and between Young Real Estate Investments, LLC, a Missouri limited liability company, 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 One Thousand One Hundred and Five Dollars ($1,105.00) 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 Temporary Easement in conjunction with the construction of a road improvements, including but not limited to, shared use paths, sidewalks, landscaping, grading and sloping; the storage of materials; the operation of equipment; and the movement of a working force on, over, along, across, and under the following described real estate being and situated in the County of Platte, and the State of Missouri, to -wit: See Exhibit A. This temporary easement shall begin on the date the City issues the Notice of Award to the contractor for the Riverway Blvd Improvements project and shall expire twenty-four (24) months thereafter. Grantee shall restore the ground to its original condition, insofar as is reasonably practicable, following construction of said road improvements or any subsequent maintenance or repair operations. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed this 12th day of June 2025. 2 Book 1421 Page 184 Young Real Estate Investments, LLC, a Missouri limited liability company ("GRANTOR"): By: Printed Name: Title: STATE OF ) ss. COUNTY ) ON THIS 12 day of June 202S before me personally appeared Guy Zeke Young, Sole Manager of Young Real Estate Investments, LLC, a Missouri limited liability company, to me known to be the person described in and who executed the foregoing instrument on behalf of said limited liability company 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 8%Cjtn County, the day and year last above written. (SEAL) TIFFANY A STARK Notary Seat Printed Name: Tiffany A. Stark Notary Public in and for said State Commissioned in Greene County My Commission Expires 10/21/2028 3 Book 1421 Page 184 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 July, 2025, before me, personally appeared the honorable Kathleen L. Rose to me personally kndwn, 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. 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) Notary Seal Printed Name: Robin Kincaid Public in and for said State Commissioned in Platte County My Commission Expires: March 8, 2027 4 Book 1421 Page 184 Exhibit A A tract of land located in the Northwest corner of Lot 3, RIVERSIDE RED X ADDITION, a subdivision in the City of Riverside, Platte County, Missouri recorded July 22, 2021 in the Office of the Recorder of Deeds for said County and State as Instrument No. 2021013977 in Book 22 at Page 272. Said tract of land being situated in the Southeast Quarter of Section 4, Township 50 North, Range 33 West in said City, County and State and being now more particularly described as follows: Beginning at the Northwest corner of aforesaid Lot 3, being also a point on the South right-of- way line of NW Platte Road as now established; thence S21 °55'50"W along the Northwesterly line of said Lot 3, a distance of 30.52 feet; thence S68°00'43"E, departing from the Northwesterly line of said Lot 3, a distance of 56.50 feet; thence N21 °29'22"E, 30.45 feet to a point on the North line of said Lot 3, being also a point on the South right-of-way line of said NW Platte Road; thence N67°56'26"W along the North line of said Lot 3, being also along said South right-of-way line, a distance of 52.89 feet; thence Northwesterly along a curve to the right, tangent to the last described course, having a radius of 1,397.23 feet and a central angle of 00'08'18", an arc length of 3.37 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. EXCEPT the following described tract of land: A tract of land located in the Northwest corner of Lot 3, RIVERSIDE RED X ADDITION, a subdivision in the City of Riverside, Platte County, Missouri recorded July 22, 2021 in the Office of the Recorder of Deeds for said County and State as Instrument No. 2021013977 in Book 22 at Page 272. Said tract of land being situated in the Southeast Quarter of Section 4, Township 50 North, Range 33 West in said City, County and State and being now more particularly described as follows: Beginning at the Northwest corner of aforesaid Lot 3, being also a point on the South right-of- way line of NW Platte Road as now established; thence S21 °55'50"W along the Northwesterly line of said Lot 3, a distance of 6.19 feet; thence S65°54'51 "E, departing from the Northwesterly line of said Lot 3, a distance of 36.28 feet; thence N21°59'17"E, 7.52 feet to a point on the North line of said Lot 3, being also a point on the South right-of-way line of said NW Platte Road; thence N67°56'26"W along the North line of said Lot 3, being also along said South right-of- way line, a distance of 32.89 feet; thence Northwesterly along a curve to the right, tangent to the last described course, having a radius of 1,397.23 feet and a central angle of 00'08'18", an arc length of 3.37 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing a net area of 1,470 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone. Book 1421 Page 184 TEMPORARY EASEMENT EXHIBIT S21 °55'50"W 30.52' r7 rV 56>\ 505 0-0 0 40 Co 41/ O O,q L=3.37' _ R=1397.23' A=0°08'18" ITB=S67°48'07"E %,>, S2'qSO 9 UT \ wp 2pD0 r R q ) N . z NoRT S of REo T 3 NF qPO x ooT/o REq. r 4joASF FNT N t 5pFC1 SQ' FT Q SO q< w O —u gRPq G 7 g6 =O Q FC 4 ll q $' 8 TSoN 1 J/g 23 2 ° 04 4 c8 D °0? 0 0r000 gVST ° PCB QO N O D D III Ok22 PAGF2 3 EXCEPTED TRACT DETAIL 1 " = 40' POINT OF BEGINNING L=3.37' NW COR/ LOT 3, R=1397.23' RIVERSIDE RED X / 0=0°08'18" ADDITION / N67°56-26"W 32.89, S21 °55'50"W 6.19' S65°54'51"E 36.28' N21°59'17"E7.52' F­Nw-1/4 NE1/4 PROJECT LOCATION y S7EV —Swi/4— SE1/4 *= I I NORTH S. 05419 20 0 20 40 KEY MAP "" (IN FEET) SEC.04-T50N-R33W 1 inch = 40 ft. TEMPORARY ENGINEER DRAWN BY EASEMENT M EBLENURVEYOR B MASSENCREWCHIEALE 1700 Swift Street, STE 100 REVISIONS C 8asCi -04iss TM North Kansas City, Missou i 64116 RIVERSIDE, PLATTE CO., S.WHITAKER G.HUNTER M C L U R E www.mcclurevision.com MISSOURI SKETCH NO. 201353-110 PARCEL 14 making lives better. 9 SEPTEMBER 3, 2024 Recording Date/Time: 07/10/2025 at 03:39:21 PM Book: 1421 Page: 183 Instr #: 2025007117 Pages: 8 Fee: $39.00 S 20250006575 CITY OF RIVERSIDE Chrisopher L. Wright Recorder of Deeds Recording Cover Sheet Title of Document: Right of Way Deed Date of Document: July 1, 2025 Recorded in Platte County, Missouri PpeR Instr M: 2025007117 Pages: 6 Fee: $39.00 S 20260006575 Grantor: Young Real Estate Investments, LLC, a Missouri limited liability company 2401 NW Platte Road Riverside, Missouri 64150 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A Return Document to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 1 Book 1421 Page 183 RIGHT OF WAY DEED THIS INDENTURE, made this 1st day of July, 2025, by and between: Young Real Estate Investments, LLC, a Missouri limited liability company, whose address is 2401 NW Platte Road, Riverside, MO 64150 ("GRANTOR"), and the CITY OF RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150 ("GRANTEE"). WITNESSETH, that the GRANTOR, in consideration of the sum of nine hundred forty dollars ($940.00) and other good and valuable consideration to it paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto GRANTEE, its successors and assigns, a Right of Way for the construction, improvement, reconstruction and maintenance of a right of way for public use as a street, roadway or thoroughfare, including but not limited to, the construction, maintenance and use of trails or sidewalks, conduits, water, gas, sewer pipes, fiber optic, telecommunication facilities, poles, wires, storm water drainage facilities, ducts, cables on, over, along, across, and under the following described tract of land situated in Platte County, Missouri, to -wit: See Exhibit A, attached GRANTOR further states that it is lawfully seized of title to the land through which the Right of Way is granted and that is has good and lawful right to convey the Right of Way to the GRANTEE herein. THIS GRANT and right of way shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the GRANTOR. TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the GRANTEE and to its successors and assigns forever. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this 12th day of June, 2025.. 2 Book 1421 Page 183 GRANTOR: Young Real Estate Investments, LLC, a Missouri limited liability company Printed Name: Guy Zeke Young STATE OFMISSOURI ) SS: COUNTY OF Christian ) On the 12 day of June, 2025, before me appeared Guy Zeke Young of Young Real Estate, to me known to be the persor described in and who executed the foregoing instrument and acknowledged to me that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year last above written. Tiffany A. Stark Notary Public My commission expires: 10/21/2028 Notary Seal 3 Book 1421 Page 183 City of Riverside, Missouri (Grantee): By: Printed Name: Kathleen L. Rose Title::Mayor Dated: July 1, 2025 ATTEST: Robin Kincaid, City Clerk ACKNOWLEDGMENT - City of Riverside, Missouri STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 1st day of July 2025, before me, personally appeared the honorable 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 Missouri municipality, and that said instrument was executed on behalf of said City of Riverside, Missouri by authority of its Board of Aldermen, and Mayor Rose executed 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) Notary Seal Printed Name: Robin L. Kincaid Notary Public in and for said State Commissioned in Clinton County My Commission Expires: March 8, 2027 4 Book 1421 Page 183 Exhibit A of Right of Way Deed A tract of land located in the Northwest corner of Lot 3, RIVERSIDE RED X ADDITION, a subdivision in the City of Riverside, Platte County, Missouri recorded July 22, 2021 in the Office of the Recorder of Deeds for said County and State as Instrument No. 2021013977 in Book 22 at Page 272. Said tract of land being situated in the Southeast Quarter of Section 4, Township 50 North, Range 33 West in said City, County and State and being now more particularly described as follows: Beginning at the Northwest corner of aforesaid Lot 3, being also a point on the South right-of- way line of NW Platte Road as now established; thence S21 °55'50"W along the Northwesterly line of said Lot 3, a distance of 6.24 feet; thence S65°54'51 "E, departing from the Northwesterly line of said Lot 3, a distance of 36.28 feet; thence N21'59'17"E, 7.52 feet to a point on the North line of said Lot 3, being also a point on the South right-of-way line of said NW Platte Road; thence N67°56"26"W along the North line of said Lot 3, being also along said South right-of- way line, a distance of 32.89 feet; thence Northwesterly along a curve to the right, tangent to the last described course, having a radius of 1,397.23 feet and a central angle of 00°08'18", an arc length of 3.37 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 250 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone. Book 1421 Page 183 PERMANENT RIGHT-OF-WAY EXHIBIT POINT OF Ri F ecoRNN7AIC /DFR4 o,, gD4 ON S21'55'50"W 6.24' N 0 ZO a CID'2 O 0 v 4 2 QQ CO NyvpL T L=3.37' R=1397.23' A=0°08'18" Nw pTh N21'59'17"E '%Gjy 7.52' N gRFq 20 'q YFgs R/ ERsOF FOOT SQ FT F,yFNT RFpX3 goDT/ON J G 4u e0 W 1,369 16(9 zzv 232.0. pgRc so R` 3tp 04-400.,< /D Rapp lOT 3 008-001.000 q oo aqT ook A/C. oO p y0y39?" GF 1?? [—Nw-1/4 T NE1/4 ' PROJECT I LOCATION SW1/4 I I I I I KEY MAP SEC.04—T50N—R33W 1700 Swift Street, STE 100 M C L U R E rr North Kansas City, Missouri 64116 816-756-04444 C www.mcclureVision.com ma <ing lives better. REVISIONS ltttt i of M►SV " ' VEV142Z0000 00 F' PERMANENT RIGHT-OF-WAY RIVERSIDE, PLATTE CO., MISSOURI 201353-110 OCTOBER 25, 2024 A. ., NORTH 0 20 40 (IN FEET) 1 inch = 40 ft. ENGINEER DRAWN BY M.EBLEN B.MASSENGALE SURVEYOR CREW CHIEF S.WHITAKER G.HUNTER SKETCH NO. PARCEL 14