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Home My WebLink AboutR-2025-151 Approving Declaration of Deed Restriction for Land and Water Conservation Fund grant funds in Project 29-01759RESOLUTION NO. R-2025-151 A RESOLUTION APPROVING A DECLARATION OF DEED RESTRICTION 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 the Declaration of Deed Restriction, a copy of which is attached hereto and incorporated herein, in compliance with the award of LWCF grant funds in Project 29-01759 administered by the Missouri Department of Natural Resources; and FURTHER THAT the Board authorizes the Mayor to sign the Declaration of Deed Restriction on behalf of the City; and FURTHER THAT the City Clerk, or her designee, is hereby authorized and directed to file a fully executed copy of the document 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 23rd day of September, 2025. /s/ Kathleen L. Rose Mayor Kathleen L. Rose ATTEST: /s/ Sarah Wagner Sarah Wagner, Deputy City Clerk Title of Document: Date of Document: Grantor(s): Grantee's Name and Address: Legal Description: Recorded in Platte County, Missouri Recording Date/Time: 10/08/2025 at Book: 1424 Page: 893 ln1lr #: 2025010848 Pages: 4 Fee: $33.00 S 20250010108 CITY OF RIVERSIDE Christopher L. Wright Recorder of Deeds Recording Cover Sheet Declaration of Deed Restriction September 23, 2025 City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 Missouri Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102 See page 1. After recording, please return to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 Book 1424 Page 893 DECLARATION OF DEED RESTRICTION THIS DECLARATION made this 23 rd day of September, 2025, by the City of Riverside, Missouri, a municipal corporation, 2950 NW Vivion Rd, Riverside, MO 64150 (hereinafter referred to as "Owner"). Owner hereby declares that the below-described real property is and shall be held transferred, sold, and conveyed subject to the following conditions and restrictions in accordance with the covenants made for the award of grant funds in Project 29-01759 administered by the Missouri Department of Natural Resources ("Department"), P.O. Box 176, Jefferson City, MO 65102, through funds made available by the United States Department of Transportation, Federal Highways Administration Recreational Trails Program (RTP): All that part of the Northwest Quarter of Section 4, Township 50, Range 33, in the City of Riverside, Platte County, Missouri, described as follows: Commencing at the Southeast Comer of the Northwest Quarter of Said Section 4; thence North 00 degrees 27 minutes 09 seconds East, along the East line of said Northwest Quarter, a distance of 532.66 feet; thence North 89 degrees 32 minutes 51 seconds West, a distance of 961.01 feet, to the Point of Beginning of the tract of land herein to be described; thence South 24 degrees 24 minutes 59 seconds West, a distance of 203.66 feet; thence South 89 degrees 28 minutes 45 seconds West, a distance of 45.00 feet; thence North 65 degrees 09 minutes 20 seconds West, a distance of 83.84 feet; thence Northeasterly along a curve to the Right being tangent to the last described course having a radius of 30.00 feet, and an arc length of 46.90 feet; thence North 24 degrees 24 minutes 59 seconds East, a distance of 28.66 feet; thence South 66 degrees 21 minutes 10 seconds East, a distance of 7 .00 feet; thence North 24 degrees 24 minutes 59 seconds East, a distance of 112.78 feet; thence South 65 degrees 36 minutes 34 seconds East, a distance of 29.98 feet; thence North 24 degrees 24 minutes 59 seconds East, a distance of 38.40 feet; thence South 65 degrees 36 minutes 34 seconds East, a distance of 40.00 feet; thence North 24 degrees 24 minutes 59 seconds East, a distance of 12.00 feet; thence South 65 degrees 36 minutes 34 seconds East, a distance of 74.44 feet, to the Point of Beginning of the Tract herein described. Said tract contains 30,613.55 Square feet of 0.702 Acres More or Less. In accordance with the L WCF grant award and 2 CFR 200.316, the Property has been improved with grant funds and must be held in trust as trustees for the beneficiaries of the program funds used to develop the Property by limiting use of the Property to outdoor recreational use, and maintaining and operating the Property consistent with 43 CFR Part 17 (civil rights laws), in perpetuity. This Declaration shall be binding upon Owner and Owner's heirs, successors, assigns and other transferees in interest (hereinafter "Transferees"), and shall run with the land. Each instrument hereafter conveying any interest in the Property or any portion of the Property, shall contain a notice of this Declaration. Owner, on its behalf and on behalf of all Transferees, grants to the Department's representatives the right of access at reasonable times in a reasonable manner for the purpose of inspection to determine compliance with these limitations. Any act, conveyance, contract, or authorization by Owner or Transferee, whether written or oral which would cause to be used, or would permit use of, the Property contrary to the terms of this Declaration, will be deemed a violation and breach. In accordance with the terms and conditions of the L WCF award, such other use without prior approval may constitute a conversion that will require purchase of replacement property. Proposals related to any portion of the Property for a different use must be approved in advance by National Park Service. Requests may be directed to Missouri Department of Natural Resources, Division of State Parks, attn.: Grants Management. Failure to timely identify or enforce compliance with these activity and use limitations shall not bar subsequent enforcement or be deemed a waiver of right to take action. If any provision of this Declaration is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. IN WITNESS WHEREOF, this instrument is executed this 23`d day of September, 2025. City of Riverside, Missouri: By: /s/ Kathleen L. Rose Kathleen L. Rose, Mayor Dated: September 23, 2025 ATTEST: /s/ Sarah Wagner Sarah Wagner, Acting City Clerk Book 1424 Page 893 ACKNOWLEDGMENT STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this 23rd day of September, 2025, before me, Sarah Wagner, a Notary Public in and for said State, personally appeared Kathleen L. Rose, who acknowledged herself to be the Mayor of City of Riverside, Missouri, and that she as such officer being so authorized, executed the foregoing instrument with authority of the Board of Aldennen. 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) SARAH WAGNER Notary Public, Notary Seal State of Missouri Clinton County Commission 011277184 My Commission Expires 11-13-2027 /s/ Sarah Wagner Printed Name: Sarah Wagner Notary Public in and for said State Commissioned in Clinton County My Commission Expires: November 13, 2027