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Home My WebLink About2002-138 - Temporary Construction Easement with J. and M. HullebuschBILL NO. 2002-138 ORDINANCE NO. 2002-138 AN ORDINANCE AUTHORIZING THE EXECUTION OF AND APPROVING AN AGREEMENT BETWEEN THE CITY OF RIVERSIDE AND JOSEPH J. AND MARILYN HULLEBUSCH, AND THE ADDENDUM THERETO, FOR A TEMPORARY CONSTRUCTION EASEMENT WHEREAS, the City of Riverside, Missouri ("City") plans to effect certain improvements to Gateway Drive (the "Street") north of Vivion Road to the City limits (the "Project"); and WHEREAS, in order to complete the Project the City must obtain easements from certain landowners adjacent to the Street for construction purposes; and WHEREAS, Joseph J. and Marilyn Hullebusch (the "Property Owners") own land adjacent to the Street; and WHEREAS, the City has engaged in negotiations for the required easement with the Property Owners; and WHEREAS, the City has reached an agreement for the easement with the Property Owners. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into a temporary construction easement agreement with the Property Owners, including the addendum thereto (the "Agreement"). Section 2. The execution and delivery of the Agreement and the addendum thereto, as described in Schedule A attached hereto, is approved, and the Mayor is authorized to execute the 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 Agreements 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 December, 2002. .~~ ATTEST: ~r " '~~ ' '' = i~<: t C~ %1 c i C ~~ MAYOR City Clerk ADDENDUM TO TEMPORARY CONSTRUCTION EASEMENT THIS ADDENDUM is to and is made a part of a Temporary Construction Easement executed this date by Joseph J. Hullebusch and Marilyn Hullebusch, as Grantors, and the City of Riverside, Missouri, as Grantee, and the terms of said Easement are amended and supplemented by the terms hereof. In consideration of the premises, the parties do hereby agree as follows: 1. The Grantee shall, at its own expense and as soon as practicable repair any and all damage done to Grantors' property, real and/or personal, in the course of the construction or replace any of such property which cannot be completely repaired. In order to determine the need for any such repairs, the Grantee agrees that it will cause a video recording to be made of the condition of the Grantors' property prior to any construction work being done and furnish to the Grantors a copy of that recording as soon as practicable thereafter. 2. The Grantee shall schedule and conduct the work in such a way that Grantors and their tenants, guests and agents shall have direct access to the improvements on the real estate from the public right of way. 3. In the event that the Grantee fails to perform all terms and conditions required of it to be performed by the Temporary Construction Easement or by this Addendum thereto, the Grantee agrees to compensate the Grantors for all damages or loss incurred by the Grantors as a result thereof and for all expenses incurred by the Grantors in enforcing the terms of the Easement or this Addendum, including attorneys' fees. IN WITNFySS ERE ~ F, t e Grantors and the Grantee have each executed this instrument this ~ ~~'`~ ay o ~ !' ;p2002. ~~~~~J. HULLEBUSCH ~~ MARILYN HULLEBUSCH CITY OF RIVERSIDE, MISSOURI CORPORATE ACKNOWLEDGEMENT STATE OF MISSO ~I/f~ COUNTY OF f ~l, On this `'~~ day of 2002, before me appeared BETTY BURGH, personally known to me, who being by me duly sworn, did say that she is the Mayor of the City of Riverside, Missouri and that said instrument was signed on behalf of said Corporation by authority of its Board of Aldermen, and that she acknowledged said instrument to be the free act and deed of said Corporation and that it was executed for the consideration stated therein and no other. IN WITNESS WHEREOF, I have hereunto s t my hand and affixe my notarial seal at my office the day and year last above written. ~ N ry Public / ~ ~~~ My commission expires: LOUISE F. RUSICK Notary Public -Notary Seal Slate of Missouri Platte County My Commission Expires Aug, 28, 2005 INDIVIDUAL ACKNOWLEDGMENT STATE OF ////~'! COUNTY OF )ss. ~"~' f~ i On this ~~~' ay of - ~-~(~~yJ? (~,'`Z, ~ , 20l~before me, a Notary Public in and for said County and State, came to me personally known to be the same person(s) who executed the foregoing instrument and duly acknowledge the execution of the same. IN WITNESS WHEREOF, I have hereunto subscribed m ,hand and affixed my-o Icial seal the day and year last above written. ~ ~ ~~ , % -,. ~ ~_ _ ,, 'G~~'C'; r Not Public ~~ My commission expires Cc"~ I ~ . ~1~~ LOUISE F. RUSICK Notary Public Notory Seal Slate of Missouri Platte County My Commission Expires Aug. 28, 2005 TEMPORARY CONSTRUCTION EASEMENT This agreement, made this ~ ~~~'`'~~tlay of ~ ~~ '~L-- , 20~' ;between _, Grantor(s), and the City of Riverside, Missouri, municipal corporation organized and existing pursuant to the laws of the State of Missouri, Grantee. Grantor(s), in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations, receipt of which is hereby acknowledged, the undersigned Grantor(s) does hereby convey and release to the Grantee, a Temporary Construction Easement hereinafter more particularly designated and described, to wit: See Attached Exhibit "B" for the purposes of constructing, improving, and reconstructing a public road and right-of- way improvement as shown by the plans of said improvement as prepared for Grantee by the Consulting Engineers, a true copy of which is on file in the office of the City Clerk, City of Riverside, Missouri. Said right of entrance, occupation, construction and use shall continue during construction and for six (6) months after completion and acceptance of the project. Grantor(s) and its heirs, executors, administrators, successors and assigns hereby waives and releases to Grantee any and all claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF, said Grantor(s) has hereunto set hand the day and year first above written. Jo ephJ. Hullebusch ~~,/ , /-~~-r'.~,~~.~ M rilyn Hullebusch Tract No: 23-3.0-04-1 00-004-004 Exhibit B Riverside, Missouri Northwest Gateway Drive (Street and Storm Sewer Improvements) TranSystems Job # 20101042 Tract Number 23-2.0-04-100-004-004 Property Owner: Joseph J. and Marilyn Hullebusch Temporary Construction Easement Description: Beginning at the Northwest corner of the tract depicted in Attachment A, Thence Eastward along the North line of said tract, a distance of 7.00 feet; Thence Southward parallel to the West line of said tract, a distance of 17.00 feet; Thence Westward, parallel to said North line, a distance of 7.00 feet to a point on the West line of said tract; Thence Northward, along said West line, a distance of 17.00 feet to the Point of Beginning. The Easement described above contains 119 square feet. INDIVIDUAL ACKNOWLEDGMENT STATE OF ~'/ _ )ss. COUNTY OF ~~ ' , ~ 1 ) /' %' /~ , On this ~:~-~" ~ day of ~ ~ '~'- ~'~>/'~~ --- , 20G, ~ before me, a Notary Public in and for said County and State, came to me personally known to be the same person(s) who executed the foregoing instrument and duly acknowledge the execution of the same. IN WITNESS WHEREOF, I have hereunto subscribed m~~iand and aifiixed my official seal the day and year last above written. ~ ~% ~, -~lo~a'ry Public ,i ~ ~j~: My commission expires ~~' .~ ~" ~ : '~ni ~-_ , LOUISE F. RUSICK Notary Public -Notary Seal State of Missouri Platte County My Commission Expires Aug. 28, 2005 Temporary Const. Easement ~~ _._. ~_ -- - % ATTACHMENT A -'i: i i i i i i Joseph J. & Marilyn Hullebusch R.O.W. Line Parcel No. 23-2.0-04-100-(b4-004-000 Joseph J. & ~lariyn Hullehusch PO Box 20231 Kansas City, YO ~ Temporary Construction Easement T~•aiv~~rsrEn~s Ca1POr~.rioiv i1~1~ 2400 Pershing Road, Suite 400 Kansas City. MO 64108 (816) 329-8600 Scale: I "=50' _ _ - - - Gateway -Riverside, MO Proj; No. 20101042