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HomeMy WebLinkAboutR-2011-040 Levee Dist.-Argo Dev. Tract 26 RESOLUTION NO. 2011-040 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE DISTRICT ASSESSMENTS AGREEMENT BETWEEN THE CITY AND ARGO DEVELOPMENT COMPANY, TOGETHER WITH THE EXECUTION AND DELIVERY OF DOCUMENTS AND OTHER ACTIONS RELATING THERETO WHEREAS, Argo Development Company ("Argo") owns certain property ("Property") in the Horizons development area that was originally assessed by the Riverside-Quindaro Bend Levee District ("Levee DistricY') as Tract 26; and WHEREAS, the City has purchased a portion of the Property from Argo; and WHEREAS, as a result of such purchase, the Property has been subdivided into two or more smaller parcels and it is necessary to allocate the benefits afforded by the by the Levee District and assessments among the various smaller parcels and the Board of Aldermen finds it to be in the besk interest of the City to enter into an agreement with Argo allocating the benefits as set forth in Exhibit A attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Mayor is hereby authorized to execute and deliver the Agreement Allocating Benefits for Levee District Assessments Relating to The Riverside Quindaro Bend Levee District of Platte County, Missouri by and between Argo Development Company and the City of Riverside, Missouri in substantially the same form as attached hereto as Exhibit "A", with such changes as are approved by the officer executing such document, such execution being conclusive proof of such approval, the City Clerk is authorized to attest thereto; FURTHER THAT the Mayor and City Clerk are hereby authorized to execute such additional documents and take such actions as are necessary or desirable to effectuate the intent of this Resolution; PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the 21 day of June, 2011. ���� Mayor Kathleen L. Rose ATTEST: � Approved as to Form: -- �U (� V Robin Littrell, ity Clerk an T mps n, City Attorney �� �,� � l ' Recarded in Platte County, Missouri Recording Date/Time 07/14/2011 at 09:14:13 AM Instr Number: 2011007790 ,,,,"",,,,,, . Book: 1176 Page: 222 `, ��� G �PDE R �F4FF "_ Type: DE AGMT :� a�":� '• = Pages: 9 / ' ' ; ' ; Fee: $46.00 S �� C� ^�. �� � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII =��°�M;�,;���� Grantor: ARGO DEVELDPMENT CO Gloria Boyer, Grantee: RIVERSIDE CITY OF Recorder ot Deeds Title of Doctunent: Agreement Allocating Benetits for Levee District T� Assessments Relating to the Riverside Quindaro Bend Levee District of Platte County, c,a Missouri. x Date of Docutnent: � l , 2011 �.I � Grantor: Argo Development Company, a Missouri corporation c� Address: 7902 NW Scenic Drivc �=a Weatherby Lake, MO 64152 N N N Grantee: City of Riverside Address: 2950 NW Vivion Road I2iverside, MO 64150 Legal Description: See Exhibit A RETURN RECORDED DOCUMENT TO C1TY OF RIVERSIDE `� City of Riverside Attn: Sarah Wagner 2950 NW Vivion Road Riverside, MO 64150 (E416)741-3993 1 AGREEMENT ALLOCATING BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENTS RELATING TO THE RIVERSIDE QUINDARO BEND L�VEE DISTRICT OF PLATTE COUNTY, MISSOURI This Agreement is made as of , 2011 between Argo Development Company, a Missouri corporation ("Grantor"), h ing an address of 7902 NW Scenic Drive, Weatherby Lake, MO 64152 and the City of Riverside, Missouri, a municipal corporation ("Grantee"), having an address of 2950 NW Vivion Road, Riverside, MO 64150. Whereas, fn The Matter of Riverside-Quindaro Bend Levee District Platte County, Il.!issouri, Case No. 99 CC 00930, in the Circuit Court of Platte County, Missouri, 5ixth Judicial District (the "CourY'), benefits in the amount of $908,242.00 (`Benefits") were assessed against th.e property generally known in the Riverside-Quindaro Bend Levec District of Platte County, 1V][issouri ("Levee District") as Traet 26, Tax Parcel No. 23-3.0-06-000-000-091-000 ("Original T�racY'), which equaled a percentage of the Levee District annual benefit assessments allocated to the Original Tract of 1.210143%; and Whereas, the Original Tract has been subdivided or split into two or marc parcels ("New Tr.acts"); and � � Whereas, the Levee District assesses annual debt service, maintenance and other taxes ` b��sed upon the benefits assessed by the Court against each tract of land; and � rn Whereas, the parties desire that the Benefits of the Original Tract be allocated between � the New Tracts as set forth in this A�reement; � N NOW THEREFORE, in consideration of the mutual covenants and premises contained N in tlus Agreement, and other good and valuable consideration acknowledged by the parties, the parties agree as follows: 1. Legal Description of Ori�inal Tract. The parties represent and warrant that the legal description for the Original Tract is as follows: See E�ibit A, attached. 2. Le�al Descriution of New Tracts. The Original Tract was divided by Grantor into two or mare separate tracts (the "New Tracts"), legally described in Exhibit "B" attached hereto and incorporated herein by reference. 3. Allocation of Bencfts. The parties hereby irrevocably agree diat the Benefits sriall be allocated from the Original Tract beriveen the New Tracts as follows: New Tract #26-1: $752,752.00 (82.9% of Original Tract resulting in a total % of the Levee DisLrict annual benefit assessments of 1.002968% allocated to New Tract #26-1) 2 New Tract # 26-2: $93,751.00 (10.3% of Original Tract resulting in a total % of the Levee District annual benefit assessment of 0.124914% allocated to New Tract#26-2) New Tract # 26-3: $61,739.�0 (6.8% of Original Tract resulting in a total % of the Levee District annual benefit assessment of 0.082260% allocated to New Tract#26-3) 4. Runnin� with the Land. The provisions of this Agreement shall be perpetual covenants nuuling with the land and shall inure to the benefit of the Levee District, the parties and their respective successors and assigns, and be binding upon the parties and their respective successors, assigns, and grantees, including but without limitation, all subsequent o��vners of auy parcel or property affected hereby and all persons claiming under or through them. 5. Representations and Warranties. Each of the parties to this Agreement hereby re;presents and warrants to the other that each person executing this document has the full power and authority to execute this document on behalf of the respective Grantor and Grantee and has th.e power and authority to legally bind the respective Grantor and Grantee as set forth herein. 6. Recordin�. Each of the parties to this Agreement consent to the filing of this Agreement in the OfFce of the Platte County Recorder of Deeds and that a copy of such recorded doctunent shall be providcd to the Levee District by Grantor. 7. Reliance and Third Partv Beneficiarv. The Levee District shall be entitled to °� � rely upon this Agreement in preparing its Tax Book and all other records for the current year and — eeery year thereafter. The parties agree that the Levee District is an intended third party —' beneficiary of this Agreement and may irrevocably rely upon the terms and provisions of this � Agreement. � � 0 8. Amendments. This Agreement may not be revoked, amended ar modified except N in a writing executed by the parties. Such amendment must be recorded of record and a fully N e�;ecuted and recorded copy of each and every amendment must be provided to the Levee N District as required for this Agreement under Section 6 above. No amendment shall be effective as� to the Levee District unless and until a fully executed and recorded copy of such amendment is provided to the Levee District. To be effective for any tax year, such fully executed and recarded amendment must be actually received by the Levee District no later than August 15 of such t� year. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized representatives of the parties as of the date first above written. Argo Development Company, Grantor City of Riverside, Grantee B;y: B : ' ,� � � y� Name�IhNE S � �l� Wl1�R Name: Kathleen L. Rose Tntle: �(1e E �ra , Title: Mayar 3 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this � day of (,�61.� , 2011, before me appeared Kathleen L. Rose to me personally known, who, being by me duly sworn, did say that he/she is the Mayor of the City o:f Riverside, a municipality of the State of Missouri, and that said instrument was signed on behalf of said municipality, by authority of its Board of Aldermen; and he/she ackno�vledged s�ud instrument to be the free act and deed of said municipality. I1v TESTItvtoNV WHE[tEOF, I have hereunto set my hand and a.ffixed my official seal in the County and State aforesaid, the day and year first above written. �-=T�.�a�+� �cy��C�3c� Notary Public 1V[y Commission Expires: RoeiN �. ur7qe�� GC.c.� g ���� Not�ry Public-Nohry Seal ca State of Missouri, Ray Counry � Commission � 11390631 � My Commission Expires Mar 8, 2015 — �J C!1 � S'TATE OF YY�; �ou.r� ) � ) ss. N COUNTY OF �_ ) N N On this � day of �u � �. , 2011, befare me appeared ' Ne �. �e�e to m.e personally known, who, being Uy ine duly sworn, did say that he/she is the _V '� e. �rps�� of ARGO DEVELOPMENT COMPANY, a corporation in.corporated in the State of Missouri, and that said instrument was signed on behalf of said company, by authority of its Board of Directors; and that he/she acknowledged said instrument to� be the free act and deed of said company. IN TES7'��vtoNY WH�REOr, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. � Notary Public N[y Commission Expires: p � AoeiN �. �inRE�� � o � ° � J '� Notary P�p���.Nohry Se�i State oi M7asouri, R�y County Commia�ion * 17390631 My Commission Expires Mor 8. 2D15 4 EXHIBIT `°A" LEGAL DESCRIPTION OF ORIGINAL BENEFIT ASSESSMENT TRACT O�RIGINAL ASSESSMENT TRACT #26: LOCATION: SE1/4, FRACTIONAL SECTION 6, T50N, R33W, PARCEL ID#: 23-3.0-06-000-000-091-000 THAT PART OF LOTS 4 AND 5 OF THE PARTITION PLAT OF THE ESTATE OF GEORGE ROBERTS, DECEASED, LOCATED IN THE EAST HALF OF SECTION 6, T50, R33, PLATTE COUNTY, MISSOURI, BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 6 AND RUNNING WEST ALONG THE SOUTH LINE OF SAID SECTION 1056 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 4, 881.1 FEET; THENCE IN A SOUTHEASTERLY DIRECTION, IN A DIAGONAL LINE TO A POINT IN THE EAST LINE OF SAID SECTION 666.1 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 666.1 FEET TO THE POINT OF BEGINNING, ALSO ONE ACRE OFF �F THE SOUTH SIDE OF z0 ACRES IN THE EAST HALF OF SECTION 6, T50, R33, SAID 20 ACRES BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A GAS PIPE SET IN THE GROUND � IN THE EAST LINE OF SAID SECTION 6 AT A POINT 666.1 FEET NORTH OF THE SOUTHEAST - CORNER OF SAID SECTION AND RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID - SECTION 699.4 FEET; MORE OR LE55, TO A POINT WHICH IS 820.4 FEET SOUTH OF THE � 50UTH LINE OF THE RIGHT-OF-WAY OF THE C.B.& Q. RAILROAD THENCE NORTHWESTERLY � IN A LINE PARALLEL TO THE SOUTH LINE OF SAID C.B.& Q. RAILROAD RIGHT-OF-WAY � O 1162.35 FEET, MORE OR LESS, TO THE WEST LINE OF SAID LOT 4 OF THE GEORGE ROBERTS N PARTITION; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 4, 949.4 FEET, MORE OR N LESS, TO A GAS PIPE SET IN THE GROUND AT A POINT IN SAID WEST LINE WHICH IS 888.1 N FEET NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE SOUTHEASTERLY IN A DIAGONAL LINE 1080.1 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 5 EXHIBIT "B" LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS NEW ASSESSMENT TRACT #26-1 1+/-15.45 ACRESI: THAT PART OF LOTS 4 AND 5 OF THE PARTITION PLAT OF THE "ESTATE OF GEORGE ROBERTS, DECEASED", LOCATED IN THE EAST HALF (1/2} OF SECTION 6, TOWNSHIP 50, RANGE 33, PLATTE COUN7Y, MISSOURI, LYING 50UTH OF THE FOLLOWING DESCRIBED RIGHT OF WAY FOR NW 41 STREET: A TRACT OF LAND LYING IN LOTS 4 AND 5, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A SUBDIVISION IN THE CITY OF RIVER5IDE, PLATTE COUNTY, MISSOURI, ACCORDING TO THE RECORDED PLAT THEREOF, AND LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRAC710NAL SECTION 6, TSON, R33W, BEING A FOUND #6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600- � 61555, ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 5, PLAT OF THE PARTITION OF � THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE N00°29'11"E ALONG THE EAST _ LINE OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, ALSO BEING ALONG THE �1 EAST LINE OF SAID LOT 5, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"- ,..� DECEASED, A DISTANCE OF 498.90 FEET TO THE POINT OF BEGINNING; THENCE " N89°35'34"W, A DISTANCE OF 30.03 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO � N THE RIGHT, TANGENT TO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF N 33°06'S9" AND A RADIUS OF 480.00 FEET, FOR AN ARC DISTANCE OF 277.44 FEET TO THE N POINT OF TANGENT; THENCE N56°28'35"W, A DISTANCE OF 100.00 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF 32°55'10" AND A RADIUS OF 4Z0.00 FEET, FOR AN ARC D15TANCE OF 24131 FEET TO THE POINT OF TANGENT; THENCE N89°23'44"W, A DISTANCE OF 453.18 FEET TD A POINT ON THE WEST LINE OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE N00°22'SO"E ALONG SAID WEST LINE OF LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A DISTANCE OF 80.00 FEET; THENCE S89°23'44"E, A DISTANCE OF 453.49 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, TANGENTTO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF 32°55'10" AND A RADIUS OF 500.00 FEET, FOR AN ARC D15TANCE OF 287.28 FEET TO THE POINT OF TANGENT; THENCE S56°28'35"E, A DISTANCE OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF 33°06'S9" AND A RADIUS OF 400.00 FEET, FOR AN ARC DISTANCE OF 231.20 FEET TO THE POINT OF TANGENT; THENCE 589°35'34"E, A DISTANCE OF 30.14 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, ALSO BEING A POINT ON THE EAST LINE OF SAID LOT 5, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE 6 ROBERTS"-DECEASED; THENCE S00°29'll"W ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER AND ALONG SAID EAST LINE OF LOT 5, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. SAID TRACT CONTAINING 15.45 ACRES, MORE OR LE55. NEW ASSESSMENT TRACT #26-2 (+/-1.4 ACRESI: THAT PORTION OF THE FOLLOWING DESCRIBED TRACT LYING NORTH OF THE THE TRACT SET FORTH AS TRACT "A" HEREIN (THE RIGHT OF WAY FOR NW 41 STREET) AND EXCLUDING THE TRACT 5ET FORTH AS TRACT "B" HEREIN: THAT PART OF LOTS 4 AND 5 OF THE PARTITION PLAT OF THE ESTATE OF GEORGE ROBERTS, DECEASED, LOCATED IN THE EAST HALF (1/2) OF SECTION 6, TOWNSHIP 50, RANGE 33, PLATTE COUNTY, MISSOURI, BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 6 AND RUNNING WEST ALONG THE SOUTH LINE OF SAID SECTION 1056 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 4, 881.1 FEET; THENCE IN A SOUTHEASTERLY DIRECTION, IN A DIAGONAL LINE TO A POINT IN THE EAST LINE OF SAID SECTION 666.1 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 666.1 FEET TO THE POINT OF BEGINNING, ALSO ONE ACRE OFF OF THE SOUTH � SIDE OF 20 ACRES IN THE EAST HALF OF SECTION 6, TOWNSHIP 50, RANGE 33, SAID 20 x ACRES BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A GAS PIPE SET IN THE _, GROUND IN THE EAST LINE OF SAID SECTION 6 AT A POINT 666.1 FEET NORTH OF THE -.,,I SOUTEAST CORNER OF SAID SECTION AND RUNNING THENCE NORTH ALONG THE EAST LINE � OF SAID SECTION 699.4 FEET; MORE OR LESS, TO A POINT WHICH IS 820.4 FEET SOUTH OF � THE SOUTH LINE OF THE RIGHT-OF-WAY OF THE C.B.&Q. R.R.; THENCE NORTHWESTERLY IN � N A LINE PARALLEL TO THE 50UTH LINE OF SAID C.B.&Q. R.R. RIGHT-OF-WAY 1162.35 FEET, N MORE OR LESS, TO THE WEST LINE OF SAID LOT 4 OF THE GEORGE ROBERTS PARTITION; N THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 4, 949.4 FEET, MORE OR LESS, TO A GAS PIPE SET IN THE GROUND AT A POINT IN SAID WEST LINE WHICH IS 888.1 FEET NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE SOUTHEASTERLY IN A DIAGONAL LINE 1080.1 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID TRACT BEING LIMITED TO THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED TRACT "A": A TRACT OF LAND LYING IN LOTS 4 AND 5, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A SUBDIVI510N IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MIS50UR1, ACCORDING TO THE RECORDED PLATTHEREOF, AND LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TSON, R33W, BEING A FOUND #6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555, AL50 BEING THE SOUTHEAST CORNER OF SAID LOT 5, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE N00°29'll"E ALONG THE EAST LINE OF SAID SOUTHEAST 7 QUARTER OF FRACTIONAL SECTION 6, ALSO BEING ALONG THE EAST LINE OF SAID LOT 5, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A DISTANCE OF 498.90 FEET TO THE POINT OF BEGINNING; THENCE N89°35'34"W, A D15TANCE OF 30.03 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF 33°06'S9" AND A RADIUS OF 480.00 FEET, FOR AN ARC DISTANCE OF 277.44 FEET TO THE POINT OF TANGENT; THENCE N56°28'35"W, A DISTANCE OF 100.00 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRBE� COURSE, HAVING A CENTRAL ANGLE OF 32°55'10" AND A RADIUS OF 420.00 FEET, FOR AN ARC D15TANCE OF 241.31 FEET TO THE POINT OF TANGENT; THENCE N89°23'44"W, A DISTANCE OF 453.18 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE NDO°22'S0"E ALONG SAID WEST LINE OF LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A DISTANCE OF 80.00 FEET; THENCE 589°23'44"E, A DISTANCE OF 453.49 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF 3Z°55'10" AND A RADIUS OF 500.00 FEET, FOR AN ARC DISTANCE OF 287.28 FEET TO THE POINT OF TANGENT; THENCE S56°28'35"E, A D15TANCE OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRBED COURSE, HAVING A CENTRAL ANGLE OF 33°06'S9" AND A RADIUS OF 400.00 FEET, FOR AN ARC DISTANCE OF 231.20 FEET TO THE P01 NT OF TANGENT; THENCE 589°35'34"E, A DISTANCE OF 30.14 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, ALSO BEING A POINT ON THE EAST LINE OF SAID LOT 5, PLAT OF � THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE S00°29'11"W � ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER AND ALONG SAID EAST LINE OF LOT � 5, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS "'� AND RESTRICTIONS OF RECORD [END TRACT "A"]. AND ALSO EXCLUDING THE FOLLOWING � TRACT "B": A TRACT OF LAND LYING IN LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF � GEORGE ROBERTS"-DECEASED, A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, � MISSOURI, ACCORDING TO THE RECORDED PLAT THEREOF, AND LOCATED IN THE N SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST, N BEARINGS ARE REFERENCED TO GRID NORTH OF THE M15SOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, T50N, R33W, BEING A FOUND #6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N89°23'44"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1056.21 FEETTO THE SOUTHWEST CORNER OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE N00°22'S0"E ALONG THE WEST LINE OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED", A DISTANCE OF 777.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°22'S0"E ALONG SAID WEST LINE OF LOT 4, A DISTANCE OF 151.98 FEET; THENCE 577°31'S8"E, A DISTANCE OF 399.27 FEET; THENCE S00°16'14"W, A DISTANCE OF 69.90 FEET; THENCE N89°23'44"W, A DISTANCE OF 390.56 FEET TO THE POINT OF BEGINNING. 5UBIECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. THE TRACT DESCRIBED ABOVE CONTAINS 43,317 SQUARE 8 FEET OR 0.9944 ACRES, MORE OR LESS [END TRACT "B"]. SAID TRACT CONTAINING 1.40 ACRES, MORE OR LESS. N EW ASSESSMENT TRACT #26-3 (+/-0.99 ACRE51: A TRACT OF LAND LYING IN LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE RQBERTS"-DECEASED, A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, M1550URI, ACCORDING TO THE RECORDED PLAT THEREOF, AND LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1953, WEST ZONE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, T50N, R33W, BEING A FOUND #6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N89°23'44"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1056.21 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"- DECEASED; THENCE N00°22'S0"E ALONG THE WEST LINE OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED", A DISTANCE OF 777.65 FEET � TO THE POINT OF BEGINNING; THENCE CONTINUING N00°22'S0"E ALONG SAID WEST LINE Of � � LOT 4, A DISTANCE OF 151.98 FEET; THENCE S77°31'S8"E, A DISTANCE OF 399.27 FEET; THENCE S00°16'14"W, A DISTANCE QF 69.90 FEET; THENCE N89°23'44"W, A DISTANCE OF J 390.56 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS � OF RECORD. THE TRACT DESCRIBED ABOVE CONTAINS 43,317 SQUARE FEET OR 0.9944 ACRES, � � MORE OR LE55. N N N 9