HomeMy WebLinkAboutR-2025-130 Reece Alexander EasmentRESOLUTION NO. R-2025-130
A RESOLUTION APPROVING AND ACCEPTING RIGHT OF WAY AND A
TEMPORARY CONSTRUCTION EASEMENT FROM REECE ALEXANDER, 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
Reece Alexander, 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 $7,380.00 for the Right of Way is
hereby approved to acquire such Right of Way; and
FURTHER THAT compensation in the amount of $5,925.00 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
Missouri, the.19th day'of August, 2025.
ATTEST: , ,
by the Board of Aldermen of the City of Riverside,
y 10, 1V - /
May Kathleen L. Rose
Title of Document: Right of Way Deed n�
Date of Document: o USA '� , 20pU
Grantor: Reece Alexander, LLC, a Missouri limited liability company
2499 Tullison Road
Riverside, MO 64150
Grantee:
Legal Description:
Return Document to:
City of Riverside
2950 NW Vivion Road
Riverside, Missouri 64150
See Exhibit A
City of Riverside
Attn: Noel Bennion
2950 NW Vivion Road
Riverside, Missouri 64150
RIGHT OF WAY DEED
THIS INDENTURE, made this Q) day of o.���u� , 2(g, by and
between: Reece Alexander, LLC, a Missouri limited liability company, whose address is 2499
Tullison Rd, 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 seven thousand three
hundred eighty dollars ($7,380.00) 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.
By granting this Right of Way, GRANTOR does not consent to, and expressly
withholds, any right of access to the Right of Way area across any other portion of
GRANTOR'S property by GRANTEE or its contractors, and no such access shall be implied.
Grantee agrees that neither it nor its contractors shall enter upon or otherwise access any portion
of GRANTOR'S property outside the defined Right of Way, and shall access the Right of Way
area solely from existing public or private rights of way or easement areas. In the event
GRANTEE or its contractors access any portion of GRANTOR'S property outside the defined
Right of Way, whether intentionally or inadvertently, GRANTEE shall promptly restore the
affected property to its original condition.
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 03�� day
Of 20Z
GRANTOR: Reece Alexander, LLC, a Missouri limited liability company
Printed Name: S (,(5 (7,
STATE OFMISSOURI )
) SS:
COUNTY OF �1%-0— )
On the day of &�LAX , 20,at-, before me appeared
of %P 4Ft•P A1- to me known to be
the person 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 ye411abbove writt
otary Public
My commission expires:*,O, e \-'5, �7 Notary Public,, No ary Seal
State of Missouri
Clinton County
Commission # 11277184
My Commission Expires 11-13-2027
City of Riverside, Missouri (Grantee):
By:
Printed Name: Kathleen L. Rose
Title: Mayor
Dated: }�oµg� �°� .rj - ,� T
ATTEST: 1=
Printed Name:ta� 1�1e C
Title: %e�kj�
ACKNOWLEDGMENT — City of Riverside. Missouri
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS ���day of , 20$ 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 'ZI g-N\4P County, the day and year last above written.
SARAH WAGNER
Notary Public, Notary Seal
State of Missouri 4 rinted Name: �3CZ� ReC
Clinton County Notary Public in and for said State
Commission # 11277184
My Commission Expires 11-13-2027 Commissioned in County
My Commission Expires: V4-,iweu-%%AC \-,5. 9M7
Exhibit A - RiAt of Wa�' Deed
A tract of land being situated in the North Half of Fractional Section 9, Township 50 North,
Range 33 West in the City of Riverside, Platte County, Missouri, said tract of land being a
portion of the tract of land described as set forth in the Missouri Warranty Deed recorded
January 17, 2012 in the Office of the Recorder of Deeds for said County and State as Document
No. 2012000707 in Book 1184 at Page 531 and being now more particularly described as
follows:
Commencing at the Northwest corner of the Northeast Quarter of the aforesaid Fractional
Section 9; thence N89°52'29"E (N89°53'02"E, Deed) along the North line of the Northeast
Quarter of said Fractional Section 9, a distance of 135.49 feet; thence S00°07'31 "E
(S00°06'58"E, Deed), perpendicular to the last described course, a distance of 445.80 feet to a
point on the Southerly right-of-way line of NW Tullison Road (formerly known as Missouri
State Highway Route No. 9) as now established, said point being the Northwest corner of the
tract of land described in the aforesaid Missouri Warranty Deed and the Point of Beginning of
the tract of land to be herein described; thence N80°11'04"E (N80°13'49"E, Deed) along said
Southerly right-of-way line, being also along the Northerly line of the tract of land described in
said Missouri Warranty Deed, a distance of 55.92 feet; thence S45°41'13"W, departing from said
Southerly right-of-way line and the Northerly line of the tract of land described in said Missouri
Warranty Deed, a distance of 77.67 feet to a point on the West line of the tract of land described
in said Missouri Warranty Deed, said point being 44.73 feet South of the Southerly right-of-way
line of said NW Tullison Road as measured along the West line of the tract of land described in
said Missouri Warranty Deed; thence N00°36'59"E (N00°37'35"E, Deed) along said West line, a
distance of 44.73 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 1,230 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
(y■
a.
v■
PERMANENT RIGHT-OF-WAY EXHIBIT
I
COMMENCING AT THE NW COR. NE 1/4
FRACTIONAL SEC. 9-T50N-R33W
N89°53'02"E (D)
N89°52'29"E (M)
135.49'
!
NORTH LINE
w
OF THE NE 1/4
OF FRACTIONAL
50
SEC. 9-T50N-R33W
o 0
00
00
Wco
POINT OF BEGINNING NW TVLLISONR0AD
NORTHWEST CORNER N80° 1104E ( i
MISSOURI WARRANTY DEED Ml
BOOK 1184, PAGE 531 N80° 55.92
00°37'35"E (D)
N00°36'59"E (M)
44.73'
,, ili,i III,
y ' STEP
LINE
SOUTHERLY Rpp,D
t4NN
TILLISON
FORMERLY MRO �E NIO.9
STATE HVJY �
_ NpR HW ES RRAPI�'t4ER DEED
MISSOURI PP'
5g1
BOOK 1184,
y�h NORTHERLY LINE
MISSOURI WARRANTY DEED
BOOK 1184, PAGE 531
RIGHT-OF-WAY
AREA: 1,230 t SQ. FT.
Z W U-, M/gS0
jJy
a Bp k�RggN�►'DF
LUZv GF531 FQ Lua
0 23 2 0_
os 000 000- a
�m 030p2 F-Z
v
SF NCR a x �
cn C9Tpzv W<Y
�NR3�W j °m
0
vL---\V
o8/z/zoz�
LAND
otit�.�
i 1700 Swift Street, STE 100
M C L U R E �" North Kan8sas
16-7b6 D i uri 64116
z www.mcclurevision.com
making lives better.
REVISIONS
PERMANENT
RIGHT-OF-WAY
RIVERSIDE, PLATTE CO.,
MISSOURI
201353-110
August 19, 2024
,N
NORTH
0 40 80
(IN FEET)
1 inch = 80 ft.
ENGINEER DRAWN BY
M.EBLEN B.MASSENGALE
SURVEYOR CREW CHIEF
&WHITAKER G.HUNTER
SKETCH NO.
PARCEL 4
Recording Cover Sheet
Title of Document: Temporary Easement
Date of Document: k-Y � , 2025
Grantor(s): Reece Alexander, LLC, a Missouri limited liability company
2499 Tullison Road
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
TEMPORARY EASEMENT
THIS AGREEMENT, made this � day of b.19V 5\ 32025 by
and between Reece Alexander, 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 Five Thousand Nine Hundred
Twenty -Five Dollars ($5,925.00) 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 and shared use path, including but
not limited to, 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 construction easement shall commence on the date the City issues the Notice
of Award to the contractor for the Riverway Blvd Improvements project and shall remain in
effect until completion of construction activities. In no event shall this temporary easement
remain in effect longer than eighteen (18) months from the commencement date, unless
otherwise agreed to in writing by the Grantor.
The temporary easement granted herein does not include Grantor's parking lot or any other
portion of Grantor's private property outside the defined easement area. Grantee shall ensure
that its contractors, subcontractors, and their agents do not access, park, stage, store materials
or equipment, or otherwise use any portion of Grantor's property outside the easement area.
Under no circumstances shall such activities occur in Grantor's parking lot or elsewhere on its
property in a manner that interferes with Grantor's day-to-day operations or business. Grantee
shall be solely responsible for enforcing this restriction and for promptly addressing and
remedying any violations.
IN WITNESS WH REOF, the said Grantor has caused these presents to be signed this \3\h
day of kO 0.0 > , 2025
2
Reece Alexander, LLC, a Missouri limited liability
company
("GRANTOR"):
By.
Printed Name:y(_�S Cc r
Title: �Lo
STATE OF
ss.
COUNTY
�-
ON THIS �� dad of � u�S�. 202� before me personally
appeared � '�� ' � 11�> t. of Reece Alexander, 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
\\ County, the day and year last above written.
SARAH W GNER
Notary PublIC, Notary Seal
State of Missouri
(SEAL) Clinton County
Commission # 11277184
My Commission Expires 11-13.2027
rinted Name:
Notary Public in and for said State
Commissioned in C\.c�cag,n
County
My Commission Expires: VJC N� V5.Q DZ1
CITY OF RIVERSIDE, MISSOURI:
("GRAN EE")
By'
Printed Name: Kathleen L. Rose
Title: Mayor
ATTEST:
Title: gZkth, tJbWne.e
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS \0�day of �'vgpa , 202� 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my
office in County, the day and year last above written.
RAH WAGNER
ary Public, Notary Seal
State of Missouri
Clinton County
mmission # 112771184 I
[:'
mission Expires 11-1 0-2027
rinted Name: L,-)&S'neC
Notary Public in a gunty
d State
Commissioned in
My Commission Expires: A�Ipp( ):51 ' 017
4
Exhibit A
A variable width strip of land being situated in the North Half of Fractional Section 9,
Township 50 North, Range 33 West in the City of Riverside, Platte County, Missouri and
lying South of and continuous with the Southerly right-of-way line of NW Tullison Road
(formerly known as Missouri State Highway Route No. 9) as now established, said variable
width strip of land being a portion of the tract of land described as set forth in the Missouri
Warranty Deed recorded January 17, 2012 in the Office of the Recorder of Deeds for said
County and State as Document No. 2012000707 in Book 1184 at Page 531 and being now
more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter of the aforesaid Fractional
Section 9; thence N89°52'29"E (N89°53'02"E, Deed) along the North line of the Northeast
Quarter of said Fractional Section 9, a distance of 135.49 feet; thence S00°07'31"E
(S00°06'58"E, Deed), perpendicular to the last described course, a distance of 445.80 feet to
a point on the Southerly right-of-way line of aforesaid NW Tullison Road (formerly known
as Missouri State Highway Route No. 9) as now established, said point being the Northwest
corner of the tract of land described in the aforesaid Missouri Warranty Deed; thence
N80-11'04"E (N80°13'49"E, Deed), along said Southerly right-of-way line, being also along
the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of
55.92 feet to the Point of Beginning of the aforesaid variable width strip of land to be herein
described; thence continuing N80°11'04"E (N80°13'49"E, Deed) along said Southerly right-
of-way line, being also along the Northerly line of the tract of land described in said Missouri
Warranty Deed, a distance of 170.84 feet to the Northeast corner thereof; thence
S00°36'59"W (S00°37'35"W, Deed) along the East line of the tract of land described in said
Missouri Warranty Deed, a distance of 15.31 feet; thence S71°24'27"W, departing from the
East line of the tract of land described in said Missouri Warranty Deed, a distance of 88.13
feet to a point 28.51 feet South of said Southerly right-of-way line as measured perpendicular
to the Southerly line thereof, thence S80° 11'04"W along a line 28.51 feet South of and
parallel with said Southerly right-of-way line, a distance of 69.87 feet; thence S75°50'09"W,
a distance of 59.29 feet; thence N45°41' 13"E, a distance of 58.27 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 4,936 square feet, more or less.
Basis of Bearings: Missouri State Plane Coordinate System, NAD 83, West Zone.
TEMPORARY EASEMENT EXHIBIT
I
- COMMENCING AT THE NW COR. NE 1/4
j FRACTIONAL SEC. 9-T50N-R33W
N89°53'02"E (D)
N89°52-29"E (M)
135.49'
/ o �
NORTH LINE
OF THE NE1/4
co--CCo
OF FRACTIONAL
U.) n v
SEC. 9-T50N-R33W
o F) v
00
00
co
N80°13'49"E (D)
N80°11'04"E (M)
55.92'
NORTHWEST CORNER
MISSOURI WARRANTY DEED
BOOK 1184, PAGE 531 j
N45°41'13"E
58.27'
Nw TVLLISON ROAD
WE
BEGINNING N8o 11 p4 E (M)
170.84'
28.51'
s71°2�27r�
S80°11'04"W g813
50'O9 W 69.87'
59.29,
VARIABLE WIDTH
TEMPORARY
EASEMENT AREA:
4,936.11 t SQ. FT.
z w °; M/Ss
CD
a BQ K 84R7yD
UJI z� AGF53�FF0 w0M
zw Lo
wQ� PI&C
Y 23 2 0 Og-00p -Z /p ❑
EE m 000-003 002 w Z v
9 Co
U)
vi SAC' 9�R?�I w
0*- I/2 0
R33W EE m
0
of s
Air
'•: ,
_ co: STEV ;
W
19l20
03311 02025
17Swig Street STE 100
M C L U R E'" North Kansas Cityy, Missouri64116
816-756.04444 C,
www. mcclurevision. com
making lives better.
SOUTHERLY ROAD
NW TILLISO MISSOUFt1
FpRMERL ROUTE N
NOR KwE � OR TMR DEED
gOOKUR� PA� 531
15.31'
S00°36-59"W (M)
S00°37-35"W (D)
NORTHERLY LINE
MISSOURI WARRANTY DEED
BOOK 1184, PAGE 531
TEMPORARY
EASEMENT
REVISIONS
March 19, 2025 RIVERSIDE, PLATTE CO.,
MISSOURI
201353-110
August 08, 2024
A
NORTH
0 40 80
(IN FEET)
1 inch = 80 ft.
ENGINEER DRAWN BY
M.EBLEN C.COOPER
SURVEYOR CREW CHIEF
&WHITAKER G.HUNTER
SKETCH NO.
PARCEL 4