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Home My WebLink AboutR-2026-019 Approving and Accepting Temporary Construction Easement from Wholesale Fireworks LLC for Riverway Blvd Improvements projectRESOLUTION NO. R-2026-019 A RESOLUTION APPROVING AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM WHOLESALE FIREWORKS, LLC, A KANSAS 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 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 Temporary Construction Easement, in substantially the form attached hereto, from Wholesale Fireworks Enterprises, LLC, a Kansas Limited Liability Company, and further authorizes the mayor to execute the easement on behalf of the City; and FURTHER THAT compensation in the amount of $3,470.00 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 3rd day of February 2026. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk Recorded In Platte County, Missouri Recording Date/Time: 03/19/2026 at Book: 1431 Page: 473 Instr#: 2026003176 Pages: 7 Fee: $42.00 S 20260002769 CITY OF RIVERSIDE Recording Cover Sheet Title of Document: Temporary Easement Date of Document: February 3, 2026 Grantor(s): Wholesale Fireworks Enterprises, LLC, a Kansas Limited Liability Company 1500 E. 27th Terrace Pittsburg, KS 66762 Grantee's Name and Address: City of Riverside, Missouri 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 Book 1431 Page 473 TEMPORARY EASEMENT THIS AGREEMENT, made this 3rd day of February, 2026, by and between Wholesale Fireworks, Enterprises, LLC, a Kangas limited liability company, owner of the property herein described, hereinafter known as "Granter", and the City of Riverside, Missouri, a municipal corporation, hereinafter known as "Grantee". WITNESSETH, that the Granter, in consideration of the sum of $3,470.00 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 Temporary Easement in conjunction with the construction of a road improvements, including but not limited to, shared use path, 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. Access Protection Conditions 1. Access Obligation: The City acknowledges and agrees that maintaining uninterrupted access to Grantor's business premises as impacted by this easement during the period from June 20 -July 5, (the "Fireworks Season") is essential to the business's operations. The City further recognizes that the commitment to enforce access protections is a material inducement for Grantor's agreement to grant this easement. 2. Contractor Compliance: The City agrees to include a provision in its construction contract with the contractor for the Riverway Boulevard Improvements Project (the "Project") requiring the contractor to maintain continuous and reasonable access to Grantor's premises during the Fireworks Season. This shall include, but not be limited to : o Maintaining clear entry and exit routes for vehicles and pedestrians during all business hours. o Providing advanced notice of any temporary disruptions and implementing approved mitigation measures. 3. Right to Injunctive Relief: In consideration of granting this easement, Grantor shall have the right to seek from the circuit court injunctive relief or a court-ordered stop- work directive against the contractor to ensure compliance with the access obligations set forth in this Agreement and the associated construction contract. This right may be exercised only upon : o A documented breach of the access obligation by the contractor; and o Written notice to the City and contractor specifying the breach and providing a 2-hour period for cure or correction. 4 . Good Faith Efforts by the City: The City shall use reasonable efforts to assist Grantor in resolving any access issues arising during the Fireworks Season. This 2 Book 1431 Page 473 includes, but is not limited to, communicating with the contractor, imposing any penalties or remedies outlined in the construction contract, and facilitating corrective actions to restore access promptly. 5. Material Inducement: Grantor expressly acknowledges that its willingness to grant this temporary construction easement is contingent upon the City's assurances that the contractor will maintain access during the Fireworks Season. The City's agreement to include access protections in the construction contract and the provisions of this Section are material inducements to Grantor in granting this easement. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed this 3rd day of February, 2026. 3 Book 1431 Page 473 Wholesale Fireworks, Enterprises, LLC, a Kansas limited liability company ("GRANTOR"): By: /s/ Jacob Marietta Printed Name: Jacob Marietta Title: Manager STATE OF Kansas ) ) ss. COUNTY Crawford ) ON THIS 17th day of January, 2026, before me personally appeared Jacob Marietta, Manager of Wholesale Fireworks , Enterprises, LLC, a Kansas limited liability company ,Ao 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 Crawford County, the day and year last above wntten. AIMEE J. WILSON NOTARY PUBLIC STATE OF KANSAS My Commission Expires: 6-14-26 /s/ Aimee J. Wilson Printed Name: Aimee J. Wilson Notary Public in and for said State Commissioned in Kansas, Crawford 4 Book 1431 Page 473 CITY OF RIVERSIDE, MISSOURI: ("GRANTEE") By /s/ Kathleen L. Rose Printed Name: Kathleen L. Rose Title: Mayor CITY ATTEST: Melissa McChesney, CityCler STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 3rd day of February, 2026, before me, personally appeared the honorable Kathleen L. Rose to me personally kno , 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 ofits 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 Platte County, the day and year last above written. (SEAL) RHONDA D SMITH NOTARY PUBLIC -NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES MARCH 15, 2029 PLATTE COUNTY COMMISSION #17054209 /s/ Rhonda D. Smith Printed Name: Rhonda D. Smith Notary Public in and for said State Commissioned in Platte County My Commission Expires: 3/15/2029 5 Book 1431 Page 473 Exhibit A A Fifteen (15.00) feet wide 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, said Fifteen (15.00) feet wide strip of land lying South of and continuous with the South right-of- way line of NW Tullison Road as now established and being a portion of the tract of land described as set forth in the Missouri Warranty Deed recorded November 9, 2006 in the Office of the Recorder of Deeds for said County and State as Document No . 019253 in Book 1093 at Page 376 and being now more particularly described as follows: Commencing at the Northwest corner of the East Half of the West Half of aforesaid Fractional Section 9; thence S89°10'26"E (S89°10'12"E, Deed) along the North line of the West Half of said Fractional Section 9, a distance of 1,254.34 feet; thence S00°49'34"W, perpendicular to the last described course, a distance of 449.60 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), said point being the Northeast corner of the tract of land described in the aforesaid Missouri Warranty Deed and the Point of Beginning of the aforesaid Fifteen (15.00) feet wide strip of land to be herein described; thence N70°06'46"W (N70°08'09"W, 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 173.94 feet (17 5 .69 feet, Deed) to the intersection with the Southeasterly right-of-way line of aforesaid NW Zeke Road; thence S84°51'13"W (S85°07'36"W, Deed) along the Southeasterly right-of- way line of said NW Zeke Road, being also along the Northwesterly line of the tract of land described in the said Missouri Warranty Deed, a distance of 35.45 feet to a point 15.00 feet South of the Southerly right-of-way line of said NW Tullison Road as measured perpendicular to the Southerly right-of-way line thereof; thence S70°06'46"E along a line 15.00 feet South of and parallel with said Southerly right-of-way line, a distance of 211.37 feet to a point on the Easterly line of the tract ofland described in said Missouri Warranty Deed; thence N00°22'59"E (N00°37'35"E, Deed) along the East line of the tract ofland described in said Missouri Warranty Deed, a distance of 15.91 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 2,890 square feet, more or less. Basis of Bearings -Missouri State Plane Coordinate System, NAD 83, West Zone. 6 Beznc.k 1431 P.Egi 473 TEMPORARY EASEMENT EXHIBIT (drawing of temporary easement south of NW Tullson Road, east of Zeke Road and west of Route 9) COMMENCING AT THE NW COR. OF THE E 1/2 OF THE W 1/2 FRACTIONAL SEC. 9-T50N-R33W S89º10'12"E (D) S89º10'26"E (M) 1254.34 NORTH LINE OF WEST 1/2 FRACTIONAL SEC. 9-T50N-R33V S00º49'34"NW 449.60' NW ZEKE ROAD SOUTHEASTERLY R/W LINE NW ZEKE ROAD NORTHWESTERLY LINE BOOK 1093, PAGE 376 NW TULLISON ROAD N70º08'09"W 175.69' (D) N70º06'46"W 173.94' (M) S70º06'46"E 211.37' NORTHERLY LINE BOOK 1093, PAGE 376 15' TEMPORARY EASEMENT AREA: 2,890 ± SQ. FT. MISSOURI WARRANTY DEED BOOK 1093, PAGE 376 PARCEL ID 23-2.0-09-000-000-003.005 NORTH 1/2 SEC. 9-T50N-R33W EASTERLY LINE BOOK 1093, PAGE 376 SOUTHERLY R/W LINE NW TULLISON ROAD FORMALLY KNOWN AS MISSOURI STATE HWY ROUTE NO. 9 POINT OF BEGINNING NE COR. TRACT OF LAND BOOK 1093, PAGE 376 N00º37'35"E (D) N00º22'59"E (M) 15.91' (seal) STATE OF MISSOURI STEVEN R. WHITAKER NUMBER PLS 2005019220 08/29/2024 NORTH (IN FEET) 1 inch = 80 ft. McCLURETM making lives better. 1700 Swift Street STE 100 North Kansas City, Missouri 64116 816-756-04444 www.mcclurevision.com REVISIONS TEMPORARY EASEMENT RIVERSIDE, PLATTE CO., MISSOURI 201353-110 AUGUST 08, 2024 ENGINEER M.EBLEN DRAWN BY B.MASSENGALE SURVEYOR S.WHITAKER CREW CHIEF G.HUNTER SKETCH NO. PARCEL 2