HomeMy WebLinkAbout2003-028 - Right-of-Way and Easement for Southern Star Central Gas Pipeline RelocationBILL NO. 2003-28
ORDINANCE NO. 2003-28
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTF.
AN AGREEMENT FOR ARIGHT-OF-WAY AND EASEMENT FOR THE
SOUTHERN STAR CENTRAL GAS PIPELINE RELOCATION
WHEREAS, the City of Riverside, Missouri ("City") has engaged in negotiations with
Southern Star Central Gas Pipeline, Inc. ("Southern Star") for the acquisition of an easement and
right of way necessary for the relocation of one of Southern Star's gas pipelines (the
"Acquisition").
WHEREAS, the City and Southern Star have reached an agreement concerning the
provision of an easement and right of way and payment for such Acquisition.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City of Riverside is authorized to enter into an agreement whereby the City, for
the sum of ten dollars ($10.00) shall provide to Southern Star an easement and right of way, 50
feet in width, to locate, survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, relocate, and remove a gas pipeline along a route specified in the
agreement attached hereto as Exhibit A (the "Agreement").
Section 2. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, with such changes, additions, and deletions as may be approved by the
Mayor, such execution being conclusive proof of such approval, is approved, and the Mayor is
authorized to execute such final Agreement and to take such other actions reasonably necessary
to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement
being conclusive evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. '' ~~
Passed this ~~day of March, 2003.
Mayor
ATE .
''ty Clerk
C:ADoeuntenls and Se(lings\snnxrreVLiwal Settings\Tempomry Internet
Files\OLKCIOrdinance approving Southern Star Easement Agrcement
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STATE OF MISSOURI Tracts 28697 & 28655
COUNTY OF PLATTE
SOUTHERN STAR CENTRAL GAS PIPELINE, INC.
RIGHT OF WAY AND EASEMENT AGREEMENT
For and in consideration of the sum of Ten and 00/100 Dollars and other valuable
consideration receipt of which is hereby acknowledged, the undersigned, as their interest
may appear, herein called Grantor (whether one or more), hereby grants sells conveys and
warrants unto SOUTHERN STAR CENTRAL GAS PIPELINE, INC., a Delaware corporation, with its
principal place of business being 3800 Frederica Street, Owensboro, Kentucky 42304, its
successors and assigns, herein called Grantee, an easement and right of way, 50 feet in
width, to locate, survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, relocate, and remove a pipeline, together with necessary
valves, cathodic equipment, and appurtenances thereto, at any time or times for the
transportation of liquids, gases, and/or solids upon and along a route or routes to be
selected by Grantee, on, over and through the following described land located in the
County of Platte, State of Missouri, to wit:
Those parts of Section Five (5) and of Fractional Section (8) all in Township Fifty (50)
North, Range Thirty-three (33) West of the Fifth Principal Meridian, Riverside, Platte
County, Missouri, described as follows: Commencing at the Southeast corner of theaceeNOrth
5, being also the Northeast corner of said Fractional Section Eight (Frac. 8);
89° 20' 00" West along the South line of said Section 5 (which is also the North line of
said Fractional Section 8 a distance of 1,160 feet to a true point of beginning, said point
being on the Westerly Right of Way line of highway designated Interstate Route #635, as
condemned in the Circuit Court of Platte County, Missouri, in Suit No. C-11021; thence from
said true point of beginning South 0° Ol' 20" East along said Westerly Right of Way line
812.00 feet; thence Southeasterly along said Right of Way being a curve to the left, having
a radius of 3,019.93 feet, an arc distance of 631.8 feet; thence South 0° Ol' 20" East
2,142.49 feet, more or less, to a meander corner on the Northerly or left bank of Missouri
River as located on May 21, 1965, the date of the Certificate of Survey made by Robert L.
Buford, Land Surveyor, as Job No. P-8037; thence Southwesterly upstream meandering said
River bank, but with the low water line of said River as the boundary, to a second meander
corner of said River bank, which is the point of intersection thereof with the Southerly
prolongation of the North-South centerline of said Fractional Section 8, said intersection.
point being 1565.54 feet distant South 76° 03' 33" West from the end of the last herein
above described course; thence continuing upstream meandering said River bank, as same is
located on the Certificate of Survey No. P-1224, made by Robert L. Buford, Land Surveyor,
dated April 19, 1966, but with the low water line of said as the boundary to a third
meander corner on said River bank which is the point of intersection thereof with the
Southerly prolongation of the West line of said Fractional Section 8; thence North 0° 12'
26" West along the Southerly prolongation of the West line of said Fractional Section 8 and
the West line thereof, 4615.85 feet to its Northwest corner being also the Southwest corner
of Section 5; thence North 0° 02' S6" along the West line of said Section 5, 165'7.40 feet;
thence South 65° 56' 26" East 1,435.76 feet; thence North 0° 03' 07" West 527.83 feet;
thence South 65° 5~' 20" East 56.11 feet; thence Southeasterly along the arc of a circular
Page 1
curve to the left having a radius of 11,509.22 feet, and the last described course for its
initial tangent 736.54 fee*_; thence South 69° 35' 20" East tangent to the curve in the
previous course described 2,501.85 feet to the Westerly line of the Right of Way of Highway
U.S. No. I-635; thence South 20° 22' 40" West 251.80 feet; thence Southeasterly along said
highway right of way line, (being the arc of a circular curve to the left having a radius
of 2,994.90 feet, the last described course for its initial tangent, and a central angle
of 4° 44' 42"), 248.03 feet to the South line of said Section 5 being also the North line
of said Fractional Section 8; thence North 89°20' 00" West along said Section line, 140.20
feet to the True Point of Beginning; together with all accretions thereto, but subject to
erosion therefrom by said Missouri River; and ALSO EXCEPTING, therefrom land conveyed by
Clyde J. Linde and Margaret Y. Linde to State of Missouri by Deed dated December 14, 1968,
for Highway designated Interstate Route No. 635. ALSO EXCEPT, that part of Fractional
Section 8, 'Pownship 50 North, Range 33 West of the Fifth Principal Meridian, Platte County,
State of Missouri, described as follows: The West 300 feet of said Fractional Section 8 as
measured at a right angle from the West line of said Fractional Section 8 that lies South
of the Southerly line of Highway designated Interstate Route Number 635 as conveyed in deed
dated December 14, 1968, from Clyde J. Linde and Margaret Y. Linde, Husband and Wife to
State of Missouri and lies North of the left bank of the Missouri River.
together with the right of ingress and egress to, from, and along such easement and right
of way and the right to use existing roads for the aforesaid purposes. In the exercise of
the rights granted herein, Grantee shall have the right to use temporary workspace along
and adjacent to said easement and right of way as reasonably necessary in connection with
the aforesaid purposes.
The exact location of the easement and right of way conveyed by this instrument shall be
determined by the installation of Grantee's pipeline which pipeline shall, upon
installation, be established as being 25 feet on each side of the following described
centerline:
First Segment: Commencing at the Northeast corner of Sec. 8, Township 50 North, Range 33
west, Platte County, Missouri; thence South 0° 30' 00" West 1,591.58 feet; thence North 88°
47' S8" 44est 1,095.00 feet; thence South 0° 30' 00" West 1,182.08 feet; thence North 89°
30' 00" West 96.28 feet to the true point of beginning on grantee's existing pipeline;
thence North 18° 03' 41" West 252.68 feet; thence North 71° 02' 25" East 116.75 feet; thence
South 68° 59' 35" East 71.13 feet to the ending point at the property line between grantor
and grantee and according to plat labeled MPL-022, dated 11-18-02 attached and made a part
hereof.
Second Segment: Commencing at the Northeast corner of Section 8, Township 50 North, Range
3344est, Platte County, Missouri; thence South 0° 30' 00" West 1,591.58 feet; thence North
88° 47' S8" West 1,095.00 feet; thence South 0° 30' 00"West 1,545.34 feet; thence South 75°
11' 32" West 1,794.57 feet to the true point of beginning on grantee's existing pipeline;
thence South 63° 46' East 112 feet; thence North 71° 14' East 800 feet; thence North 26° 14'
East 84 feet to the point of ending on grantee's existing pipeline and according to plat
labeled MPL-023, dated 12-5-02 attached and made a part hereof.
Grantee agrees to pay or cause payment to be made for damages to crops, timber and
improvements of Grantor directly resulting from the exercise of the rights herein granted;
provided, however, that after the pipeline has been constructed hereunder, Grantee shall
not be liable for damages caused to trees, undergrowth, and brush removed from the pipeline
easement and right of way by Grantee.
Grantor shall have the right to use and enjoy the above described premises except that
Grantor shall not interfere with or impair or permit others to interfere with or impair in
any way the exercise of the rights herein granted to Grantee.
Subject only to the exception hereinafter set forth, Grantor shall not nor shall Grantor
permit others to construct, create or maintain any road, reservoir, excavation,
obstruction, structure, building, or improvement of any kind, or change the land grade on,
over, along, or across the area of the easement and right of way without the prior written
permission of Grantee. As part of the consideration for this agreement, Grantee agrees
that Grantor shall have the right to permit others to construct, create or maintain
overhead electrical lines for the limited purpose of providing electrical service to the
pump station associated with Grantor's levee operations on the express condition that no
supporting structures for said power lines, including associated anchors, guy wires or the
like, shall be placed over or across any portion of the granted right-of-way and easement
and shall at minimum be kept at least five feet away from the boundary of said right-of-way
Page 2
and easement; further, said overhead electrical lines shall under no circumstances be
located such that they overhang Grantee's above-ground physical improvements utilized for
gas "blow-off" ventilation or related pressure or product control activities. Prior to the
construction of any such overhead electrical utility lines and as a condition thereto,
Grantor or Grantor's permitees shall verify with Grantee that the construction, creation
or maintenance of said lines is consistent with the requirements hereof. The Grantor
assumes and shall defend, indemnify and hold harmless the Grantee from all cost, loss,
damage, expense or claim of any nature arising from any acts or existence of structures of
Grantor so permitted by Grantee.
Any pipeline constructed under this instrument shall be buried to a minimum depth of 36
inches below the surface of the ground.
The terms and provisions of this Agreement shall constitute covenants running with the land
and shall be binding upon and inure to the benefit of the parties hereto, their successors,
assigns, personal representatives and heirs. Grantor releases and waives all rights, if
any, as against Grantee under and by virtue of dower, curtsy and homestead exemption of
said state.
The easement and right of way herein granted may be leased or assigned in whole or in part.
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee until such
time as Grantee releases or relinquishesZ/,~/in writing, its rights herein granted.
WITNESS THE EXECUTION HEREOF THE ~~" day of ~ ~ 200.
GRANTORS:
THE CITY OF RIVERSIDE, MISSOURI
STATE of ~ )
ss.
County of )
BY:
fo e me, the u rsign d, a Notary Public in and for th County oresa'd on this
day of ~~~~~, 200 personally a p ed~, who
berng duly sworn, did say that ~ is the of the City of
Riverside, Missouri, and that said rnstr was ned on behalf of said city by
authority of its City Council, said _____ acknowledged said
instrument to be the free act and deed of said ty, for the uses and purposes set forth.
Witness my hand and official seal.
LOUISE F. RUSICK
Notary Public Notory Seal
Siate of Missouri
Platte County
My Commission Expires AuR, 28, 2005
Notary Public
My commission expires:
Page 3
GRANTOR:
STATE OF rte" ~+ ~
-__ ~ S 5 .
COUNTY CF )
RIVERSIDE-QUINDARO BEND LEVEE DISTRICT
PLATTE COUNTY, MISSOURI
i n ~
sy :f~-fi-~ ~2~ .~ ~eL~e,.:~
/~n~efore m t .under gned, a Notary Public in and f he Count ore~aid on this
rn:/oi' _ day of ~--2003, ersonally appeare who
be~~na duly swore say that ___is the _ _ ~"~~_Riversi e-Quindaro
Bend Levee District, and th t id instrument was signe on ehalf of said Riverside-Quindaro
Bend Levee District, said ~~d~~ acknowledged said instrument to be *_he
free act and deed of said ive_srde--Quindaro Bend Levee District, for the uses and purposes
set forth.
®rLnrrbr,-.~
Withe ~~~
LOUISE F. RUSICK
Notary Public -Notary Seal
Siate of Missouri
Piatte County
My Commission Expires 28, 2005
My commission expires: ~~~
i ~ ~
Notary Public
Page 4
O 100 200 300
SCALE IN FEET
CITY OF RIVERSIDE, MISSOURI
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CIMARRON SURVEYING d MAPPING
FIELD BOOK 2470. PAGE 408
WILLIAMS GAS PIPELINES CENTRAL. INC.
PROPOSED PIPELINE EASEMENT
26" LINE "EX" AT OUINDARO LEVEE
STA. 1288+57 TO STA. 1292+98
SECTION 8, T50N. R33W. PLATTE COUNTY, MISSOURI
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ELINE RELOCATION
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P.I. STA. OUTLET DITCH
1272+42
STA. 1271+30 BEGIN
PROPOSED PIPELINE EASEMENT
PIPELINE RELOCATION
0 200 400 600
SCALE IN FEET
CIMARRON SURVEYING d MAPPING FIELD BOOK 2470. PAGES 32-40 d 408
CR>WNO NC P6E REfICE iRIF
AVUiG4$MAP
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Pttu e PROFlI~ DF PnCPOSED 26 DARO LEVEE
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STA. 1271+30 TO STA. 1281+26
SECTION 8. T50N. R33W, PLATTE COUNTY. MISSOURI
`4 DAiE 9f PE~t9CM DE9CRPfICN WO N0. CKK. AW CM"1Y 9Y: - JPfl DAiE 17-05-02 69JE0 FCA BD: ~~ I' FCO
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