HomeMy WebLinkAbout2009-086 - Power and LightBILL N0.2009-86 ORDINANCE NO 2009-86
AN ORDINANCE RATIFYING AND CONFHiMING THE GRANTING BY THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,
MISSOURI OF AN EASEMENT TO KANSAS CITY POWER & LIGHT; AND
AUTHORIZING OTHER DOCUMENTS AND ACTIONS RELATED THERETO.
WHEREAS, The Industrial Development Authority of the City of Riverside,
Missouri (the "IDA") issued its Industrial Development Revenue Bonds (Riverside
Horizons Infrastructure Project -City of Riverside, Missouri), Series 2007 in the principal
amount of $40,265,000 (the `Bonds").
WHEREAS, the City, the IDA, and UMB Bank, N.A., entered into that certain
Financing and Cooperation Agreement dated as of May 1, 2007 relating to the Bonds (the
"Financing Agreement").
WHEREAS, the City, pursuant to the Financing Agreement, transferred the
Mortgaged Property (as defined in the Financing Agreement) to the IDA which Mortgaged
Property secures the payment of the Bonds.
WHEREAS, the Financing Agreement requires that the IDA, upon request of the
City, grant to the City or other utility, without chazge or cost, such easements and rights-
of-way with respect to the Mortgaged Property as are necessary or desirable for certain
improvements, including utility improvements.
WHEREAS, City staff informed the IDA that Kansas City Power & Light
("KCPL") needed an easement across a portion of the Mortgaged Property ("Easement")
and that the need was immediate.
WHEREAS, due to such immediate need, the Easement was executed on behalf of
the IDA.
WHEREAS, the City desires to ratify and confirm the IDA's granting of the
Easement to KCPL.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of
Riverside, Missouri, as follows:
Section 1. The City hereby ratifies and confirms the IDA's granting of the Easement,
attached hereto as Exhibit A, across a portion of the Mortgaged Property to KCPL.
Section 2. The City shall, and the officers, agents, and employees of the City and of the
IDA aze hereby authorized and directed to, take such further action and execute and deliver
such documents and instruments as may be necessary or desirable to carry out and comply
with the intent of this Ordinance.
Section 3. The Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this / day of July, 2009
AT
0
uise Rusick City Clerk
ayor Kathleen L. Rose
EXHIBIT A
EASEMENT
See Attached.
EASEMENT CONVEYANCE
(CORPORATION) W
KNOW ALL MEN BY THESE PRESENTS, that on this a~ day of ~`WeM~t 2009, The Industrial
Development Authority of the Clty of RNereide, Mlssoud (Grantor) and KANSAS CITY POWER & LIGHT COMPANY, (Grentee) a
Missoud corporation (KCPL), 1201 Walnut, Kansas City, Mlssoud, 84108.
WITNESSETH:
Orentor, In consldara8on oT one dollar and other good and vaWable constdetatbn, the receipt end sufflGency of vfiich are hereby
acknowledged, does hereby grant, bargain, sell, convey and confirm unto KCPL, and unto Its successors and assigns, a right of way
easement over, along, across, and under the lands hereinafter described; Induding the right and prMlege at any Ilme and from tlme to
tlme to enter on sold dght of way and erect, oonsWct, maintain, repair end relocate poles, wires, guys, anchors, underground cables,
conduits, pad mounted transformers and saMca pedestals, and all related appurtenances for the transmiseion end distributlon of
elecldc erreroY end for KCPL communtcatlon purposes; InGWing the right and pdvllege at any tlme end from Nma to Ome to patrol said
right of way and to cut, top, trim, end remove such brush and trees g any on or adjacent to said right of way, whenever in KCPL's
way befog over, alon8 a across and de athe (ollthowing described ~ands~in therCounty of P alts end the State of Mlesour to.v,ftd dght of
ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE
33 WEST, IN THE CITY OF RIVERSII)E, PLATTE COUNTY, MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 5-TSON-
R33W; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 5, NORTH 88° 47' X46" WEST A DISTANCE OF 1178.03 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF INTERSTATE 635; THENCE ALONG THE WEST RIGHT-OF-WAY LINE
OF INTERSTATE 635 AND NO LONGER WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 5, NORTH l3° 47' 36" EAST A DISTANCE OF 170.77 FEET; THENCE NORTH 50°
26' 17" WEST NO LONGER WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 635 A
DISTANCE OF 13.19 FEET TO THE POII~'T OF BEGINNING, POINT BEING THE CENTERLINE OF A
10.00 FOOT WIDE KANSAS CITY POWER AND LIGHT EASEMENT; THENCE NORTH 47° 18' 00"
EAST A DISTANCE OF 8.45 FEET; THENCE NORTH 20°53' 06" WEST A DISTANCE OF 326.90
FEET; THENCE NORTH 63° 40' 27" WEST A DISTANCE OF 16.81 FEET TO A POINT OF
TERMINATION.
Grantor, their successors or assigns, may landscape, use and enjoy tho land above described, provided such vas shall not h the
Judgment of KCPL, Interfere vrith or endanger the conslrucllon, operation or maintenance of said Ilnes, and provded fur8ter that no
buildings shall be constructed on said dght of way.
TNs easement conveyance shall run with the lend and shall be binding upon the Grantor, hismer or their successors and asslpns.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances, necessary Inddena and Immunltles lhereunlo belonging or Fn
any manner appertaining unto KCPL and unto Its successors and assigns forever.
IN WITNf?$S WAEREOP, (~ren,~or pis executed this Easement as of the day and year aclarowledged below.
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ACIQYOWLEDCEMENT
State of 1 \~~OUC~. )
Coun of tom`
On his Q~ day of ``~C'tULC~G1'e-~ 2D~, before me a Notary Pubtlc, appeared
to ma personally known to be the person(s)
described IA.and who execute a foregoing InsWment, and acknowiadged that he/she executed the same es his/her free act and
deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and atflxed my otflGal seal the day end year aforesaid.
Notary Pebll
My Commission Expires: NO~~a~ \7jr'~\~
NOTAaY
qtr qtr S 7 R County
CO# WMS By Validated By Flle _
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OVERHEAD PO41ER
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DURIED
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POINT OF BEGINN
ALL THAT PART OF THE SOUTHEAST QUARTER OF
N THENGTYTOF RSVERSIDENPLATTE CNOUNTY, SST,
MISSOURI, MORE PARTICULARLY DESCRIBED AS
FOLLOWS COMMENCING AT THTM~CE wESTTA ONG~
OF SECTION 5-T50N-R33W;
THE SOUTH UNE OF THE SOUTHEAST QUARTER OF
SAID SECTION 5, NORTH 68' 47' 46" WEST A
DISTANCE OF 1176.03 FEES TO A POINT ON THE
WEST RIGHT-OF-WAY LINE OF INTERSTATE 835;
THENCE ALONG THE WEST RIGHT-OF-WAY UNE OF
INTERSTATE 636 ANO NO LONGER WITH THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
5, NORTH 13' 47' 36" EAST A DISTANCE OF 170.77
FEET; THENCE NORTH 50' 28' 17" WEST NO LONGER
8 5 A ISTANCEROF 13.19 FEET TOETFIE POINt OFTE
BEGINNING, POINT BEING THE CENTERLINE OF A
10,00 FOOT WIDE KANSAS CITY POWER AND LIGHT
EASEMENT; THENCE NORTH 47' 18' 00" EAST A
DISTANCE Of 8.45 FEET; THENCE NORTH 20'53' O6"
IT WEST A DISTANCE OF 328.90 FEET; THENCE NORTH
63' 40' 27" WEST A DISTANCE DF 16.81 FEET TO A
POINT OF TERMINATION. THE ABOYE DESCRIBED
ACRES MORE NOR LESS3 X21 SQUARE FEET OR D.OB
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