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Home My WebLink AboutR-2026-047 Approving and Accepting Temporary Construction Easement from Block Income Fund III LP for Riverway Blvd Improvements ProjectRESOLUTION NO. R-2026-047 A RESOLUTION APPROVING AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM BLOCK INCOME FUND Ill, L.P., A DELAWARE LIMITED PARTNERSHIP, 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 the 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 Block Income Fund Ill, L.P., a Delaware limited partnership, and further authorizes the Mayor to execute the easement on behalf of the City; and FURTHER THAT compensation in the amount of $2,670.00 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 5th day of May 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: 05/07/2026 at 03:33:59 PM Book: 1433 Page: 648 Inslr #: 2026005370 Pages: 5 Fee: $36,00 S 20260004737 NOEL BENNION Christopher L. Wright Recorder of Deeds Recording Cover Sheet Title of Document: Temporary Easement Date of Document: May 5, 2026 Grantor(s): Block Income Fund III, L.P., a Delaware limited partnership 4622 Pennsylvania, Suite 700 Kansas City, Missouri 64112 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 1 Book 1433 Page 648 TEMPORARY EASEMENT THIS AGREEMENT, made this. day of N'AA , 20210by and between Block Income Fund III, L.P., a Delaware limitid partnership, 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 $2,670.00 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, 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 4th day of May, 2026. 2 Book 1433 Page 648 ("GRANTOR"): Block Income Fund III, L.P. By: Block Income Fund III Venture, LLC, a Missouri limited liability company, General Partner By: BIFMM III, LLC, a Missouri limited liability company, Managing Member Kenneth G. Block, as trustee of the Kenneth G. Block Trust dated January 11, 1991, as amended, its Managing Member STATE OF MISSOURI ) ) ss. COUNTY Jackson ) ON THIS 5th day of May, 2026, before me personally appeared Kennth G. Block, as trustee of the Kenneth G. Block rust dated January 11, 1991, as amended, Managing Member of BIFMM III, LLC, a Missouri limited liability company, Managing Member of Block Income Fund III Venture, LLC, a Missouri limited liability company, General Partner of Block Income Fund III, L.P., a Delaware limited partnership, 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 Jackson County, the day and year last above written. (SEAL) /s/ Holly Joiner Printed Name: Holly Joiner Notary Public in and for said State Commissioned in Jackson County My Commission Expires: 03-26-2027 3 Book 1433 Page 648 CITY OF RIVERSIDE, MISSOURI: ("GRANTEE") By: /s/ Kathleen L. Rose Printed Name: Kathleen L. Rose Title: Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) ON THIS 5th day of May, 2026, before me, personally appeared the honorable Kathleen L. Rose to me personally, 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 Platte County, the day and year last above written. /s/ Sarah Wagner Printed Name: Sarah Wagner Notary Public in and for said State Commissioned in Platte County My Commission Expires: November 13, 2027 SARAH WAGNER Notary Public, Notary Seal State of Missouri Clinton County Commission # 11277184 My Commission Expires 11-13-2027 4 Book 1433 Page 648 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 Parcel 2, Tract 2 of the Special Warranty Deed recorded January 18, 2008 in the Office of the Recorder of Deeds for said County and State as Instrument No. 2008 000834 in Book 1116 at Page 563 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 359.00 feet; thence SOO°07'31"E (S00°06'58"E, Deed), perpendicular to the last described course, a distance of 407.63 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 Parcel 2, Tract 2 of the tract of land described in the aforesaid Special Warranty Deed and the Point of Beginning of the aforesaid variable width strip of land to be herein described; thence N80°11'04"E (N80°13'48"E, Deed) along said Southerly right-of-way line, being also along the Northerly line of Parcel 2, Tract 2 as described and set forth in said Missouri Warranty Deed, a distance of 142.29 feet to the Northeast corner Parcel 2, Tract 2 of the tract of land described in said Special Warranty Deed; thence S00°36'59"W (S00°37'35"W, Deed) along the East line of said Parcel 2, Tract 2, a distance of 15.31 feet to a point 15.06 feet South of said Southerly right-of-way line as measured perpendicular to the Southerly right-of-way line thereof; thence S80°11'04"W along a line 15.06 feet South of and parallel with said Southerly right-of-way line, a distance of 62.99 feet; thence S42°19'03"W, a distance of 13.85 feet; thence N84°24'59"W, a distance of 32.02 feet to a point 15.06 feet South of said Southerly right-of-way line as measured perpendicular to the Southerly right- of-way line thereof; thence S80°11'04"W along a line 15.06 feet South of and parallel with said Southerly right-of-way line, a distance of 37.50 feet to a point on the West line of Parcel 2, Tract 2 of the tract of land described and set forth in said Special Warranty Deed; thence N00°36'59"E (N00°37'35"E, Deed) along the West line of said Parcel 2, Tract 2, a distance of 15.31 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 2,320 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone. 5