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Home My WebLink AboutR-2025-129 RSM EasmentRESOLUTION NO. R-2025-129 A RESOLUTION ACCEPTING A TRAIL EASEMENT FROM RSM RENTAL PROPERTIES, LLC, A MISSOURI LIMITED LIABILITY COMPANY 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 RSM Rental Properties, LLC, a Missouri limited liability company, 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 Missouri, the 19th day of August 2025. 1 ATTEST: Name: Sarah Wagner, ► Title: Deputy City Clerk. Board of Aldermen of the City of Riverside, M yor Kathleen L. Rose Recording Cover Sheet Title of Document: Trail Easement Date of Document: I U V/ , 2025 Grantor(s): RSM Rental Properties, LLC, a Missouri limited liability company 4439 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 2950 NW Vivion Road Riverside, Missouri 64150 TRAIL EASEMENT THIS AGREEMENT, made this S'44 day of I v us 4 , 2025, by and between RSM Rental Properties, LLC, a Missouri rifiiited 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 Four Thousand Four Hundred Ninety -Three ($4,493.00) Dollars to reimburse Grantor for 50% of fence installation and other good and valuable consideration, the 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. The consideration of $4,493.00 shall be payable only upon completion and verification of the fence installation by Grantor, consistent with specifications approved by Grantee. Grantor shall provide evidence of payment and allow inspection prior to reimbursement. 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. 2 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 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 WITNES$ WHEREOF, the said Grantor has caused these presents to be signed this 6/ day of _ _! 2025. GRANTOR: RSM Rental Properties, LLC, a Missouri limited liability company By: Printed Name: 0 Printed Name: STATE OF �;,-(350;-X ) ss. COUNTY ON THIS day of.il ✓T-, 2025, before me personally appeared / t>jto 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 F a P cc. County, the day and year last above written. (SEAL) c <� Printed Name: Rhand� (j Smi Notary Public in and for said State Commissioned in (2j County My Commission Expires: _, n6LVC-� IS , J-D V- 91 RHONDA D SMITH NOTARY PUBLIC - NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES MARCH 15, 2029 PLATTE COUNTY COMMISSION #17054209 '�• y47uy, .f r / A f �i f !f �f1S.♦ s4� y'� ATTEST: Game: Title: STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) GRANTEE CITY OF RIVERSIDE, MISSOURI: Printed Name: Kathleen L. Rose Title: Mayor ON THIS \0Z""-day of. W!1 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 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. p�IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in tvi✓ _ County, the day and year last above written. L SARAti WAGNER Notary Public, Notary Seal rmted Name: State of Missouri Clinton County Commission # 11277184 Notary Public in an Qir d State • ��'"' Commission Expires 11-1$-2027 Commissioned in ounty My Commission Expires: \N- + fiber \-5. tea`-% Exhibit A All that part of the Northeast Quarter of Section 4, Township 50, Range 33, Riverside, Platte County, Missouri, described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 4; thence North 00 degrees 27 minutes 09 seconds East, a distance of 637.44 feet; thence South 89 degrees 32 minutes 51 seconds East, a distance of 542.82 feet to the Point of Beginning of the Centerline of the 40' Trail Easement with 20 feet lying on either side of the Centerline herein to be described; thence North 64 degrees 34 minutes 35 seconds East, a distance of 219.32 feet to the Point of Termination. Said limits shall be lengthened or shortened to the intersection of said grantor's Northerly and Southerly Lines. n uSy �t$m my -a c cj F c O e c uu. u• "' i F-_ pNF.Eminn O^vl Me8„ € v"v �zo �ny� w FAO V�Oyin t�T °�_� Z�Dy Vim' oiS3�C.n V � omull yy oy b7a�vi mz°9- eow"5 \ � O \ 7 / Oy y�/ %\ \ 1 � ------------ �'�bg NyMNjQ��b D, \\ , \ \y\\, h �d \ \ \ a'\ m� o� RW ^ r � O � t m q j m U ry F p 3 h4'LF 60,LZOON I