HomeMy WebLinkAboutR-2012-130 Water Main Extension Agreement RESOLUTION NO. R-2012-130
A RESOLUTION APPROVING A COMPANY INSTALL WATER MAIN EXTENSION
AGREEMENT WITH MISSOURI-AMERICAN WATER COMPANY FOR INSTALLATION OF A
NEW WATER MAIN FOR THE HORIZONS BUSINESS PARK DEVELOPMENT PROJECT
(Phases III and IV)
WHEREAS, the Board of Aldermen (the "Board") of the City of Riverside, Missouri (the
"C�") has authorized the negotiation of an agreement between the City and Missouri-American
Water Company ("MAWC") for the installation of certain water mains, hydrants and appurtenant
facilities in connection with the Horizons Business Park Development Project (the "Proiect");
WHEREAS, representatives of the City and MAWC have negotiated the terms of a
Company Install Water Main Extension Agreement in substantially the forms attached hereto as
Exhibit A for installation of Phase III improvements and Exhibit B for eutension of Phase IV
improvements (the "Water Main Extension Aqreements");
WHEREAS, the Water Main Extension Agreements provide that the estimated total cost
of Phase III will be Three Hundred Thirty Five Thousand One Hundred Forty-Five and 17/100
Dollars ($335,145.17) , and the estimated cost to the City of such installation of Phase III is Two
Hundred Eighty-Eight Thousand Two Hundred Twenty-Four and 85/100 Dollars ($288,224.85);
and
WHEREAS, the Water Main Extension Agreements provide that the estimated total cost
of Phase IV will be One Hundred Thirty Eight Thousand Eight Hundred Nineteen and 74/100
Dollars ($138,819.74) , and the estimated cost to the City of such installation of Phase IV is One
Hundred Nine Thousand Seven Hundred Twenty-Nine and 74/100 Dollars ($109,729.74); and
WHEREAS, the parties desire to establish the rights and responsibilities of the City and
MAWC with respect to the installation of the water mains described in the Main Extension
Agreements, and the Board finds that it is in the best interests of the City to authorize and
approve the execution, delivery and performance of the Water Main 6ctension Agreements in
substantially the same form as attached hereto as Exhibits A and B;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the execution, delivery and performance of the Water Main Extension Agreements
for Phase III and Phase IV improvements in substantially the same form as attached hereto as
Exhibits A and B and the transactions contemplated thereunder are hereby authorized and
approved.
FURTHER THAT the City Administrator, City Attorney, Mayor and Finance Director of
the City is hereby authorized to execute and deliver the Water Main Extension Agreements in
substantially the forms attached hereto and such other documents contemplated thereunder,
and the City Clerk is hereby authorized to attest thereto and to take all such actions, that any of
such persons may determine to be necessary or advisable for the purpose of consummating the
transactions set forth in the Water Main Extension Agreements, and the City Clerk is hereby
authorized to attest thereto.
FURTHER THAT this resolution shall be in full force and effect from and after the date of
its passage and approval.
PASSED AND ADOPTED b�the Board of A derm n and APPROVED by the Mayor of the
City of Riverside, Missouri, the�� day of 5 �8���u 1/!� 2012.
ayor Kathleen L. Rose
� .
ATTES .
City Clerk
Approved s to form:
a cy o son, City Attorney
EXn�b�t n
Phase III Water Main Extension Agreement
See attached.
Project Name: Horizons Pazkway Phase 3 Contract - W/O Number: D17-0401-P-0057
Project Manager: Sue Moynihan Date: September 4, 2012
COMPANY INSTALL WATER MAIN EXTENSION AGREEMENT
At your request, Missouri American Water Company is submitting this Agreement to you based on
the condition that the water pipe being installed in Horizons Parkway Phase 2, under Agreement
557853, dated September 4, 2012, is installed and accepted by Missouri American Water Company
into its water distribution system. In the event the aforementioned water pipe is not accepted by
Missouri American Water Company into its water distribution system, this Agreement shall be
considered null and void by all parties concerned.
THIS COMPANY INSTALL WATER MAIN EXTENSION AGREEMENT
("AgreemenP') is made by and between Missouri-American Water Company, a Missouri
corporation ("MAWC" or the "Company"), and the City of Riverside, Missouri ("ApplicanY').
RECITALS:
WHEREAS, Applicant has requested MAWC to supply water in connection with a
proposed development via a water main extension, as described herein; and
WHEREAS, MAWC is willing to supply water via a water main extension subject to the
terms of this Agreement and to applicable rates, rules, regulations and conditions of service in
effect from time to time; and
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which aze hereby
acknowledged, the parties hereby agree as follows:
Article 1
Company Install Proposal
1.1 Applicant has proposed the construction of a water main extension ("Main
Extension"). The Main Extension will be designed and installed in accordance with Article 3
and 4 below. Plans and specifications for the Main Extension shall be submitted and approved
by MAWC in advance of the execution of this Agreement (the "Approved Plans"). The
Approved Plans will be attached as Exhibit A and will be incorporated herein by reference and
made part of this Agreement as if set out fully herein.
1.2 Applicant and Company will shaze the cost of the Main Extension as described in
Article 2 below. In order to determine ApplicanYs shaze of the cost, Applicant must provide
certain information to the Company prior to signing this Agreement, substantially in the form
provided as shown on Exhibit B attached hereto and incorporated by reference.
Article 2
Main Extension Costs and Payment
2.1 Consideration. In consideration of MAWC's commitment to supply water for the
Main Extension, Applicant will pay the actual cost of the Main Extension, subject to any
WA 3506383.3
contribution by MAWC as described below. In consideration for ApplicanYs payment for the
Main Extension and the granting of easements under Ar[icle 5, MAWC shall install the Main
Extension and, upon completion, shall supply water for the Main Extension.
2.2 Fundin� Ontions.
(a) Cost less than four (41 times annual revenue. The Company will be
responsible for the cost of the Main Extension where the cost of the Main Extension does
not exceed four (4) times the estimated average annual revenue from the new customer
metered water service connections who commit to purchasing water service for at least
one yeaz and guarantee that they will take water service at their premises within 120 days
of the Company's acceptance of the Main Extension for service ("New Customer(s)").
The Company will estimate annual revenue based on the experience of the Company
from the previous yeaz regarding use of water by similarly situated customers.
(b) Cost more than four Ll times annual revenue. If the estimated cost of
the Main Extension exceeds four (4) times the Company's estimate of average annual
revenue from New Customer(s), the Applicant and Company will fund the remaining
cost (that exceeds four (4) times annual estimated revenue from New Customer(s)) at a
ratio of 95:5 (95% Applicant funded and 5% Company funded) for St. Louis Metro
District and 86:14 (86% Applicant funded and 14% Company funded) for all other
districts.
(c) Recorded, Residential Single Lot Development. Applicants requesting a
main extension to serve a recorded, residential single lot development can choose to
receive funding based on four (4) times annual revenue described above or an option
whereby MAWC will be responsible for all of the costs, except easement acquisition
and permit costs, associated with extending the main up to one hundred (100) feet
(known as the "Free Extension"). If the main extension required is greater than one
hundred (100) feet in length, all costs above the Free Extension shall be borne by the
Applicant calculated on a per-foot basis. Due to field conditions, even though the
proposed main extension may be 100 foot or less in length the actual Main Extension
may be greater than 100 foot in length as determined by the Company.
23 Estimated Costs. Applicant shall pay Company its shaze of the estimated costs of
the Main Extension prior to the Company scheduling any work. The Company's estimate of the
total costs of the Main Extension is $335.145.17. Based on the information provided in Exhibits
A and B, and the applicable funding option described above, the Company has calculated
Applicant's share of the estimated costs as$288.224.85. The estimated costs include the
anticipated cost of materials, labor and related expenses, supervision, engineering, inspection
fees, insurance, tools, easements, permits, appropriate taxes, other miscellaneous expenses and a
contingency of up to five percent. Costs will be determined consistent with the rules on file with
the Missouri Public Service Commission.
Estimated costs do not include unanticipated costs such as rock excavation, tunneling,
pavement breaking, surveying or other environmental costs, and those costs may be added if
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applicable to the final statement of costs described in 2.4 below. Unanticipated costs will be bid
on a project by project basis. If rock is encountered, estimated excavation rates will be as
follows:
ROCK EXCAVATION ESTIMATED RATES
(per cubic yard)
Class A rock (solid, blastable) $
Class B rock (solid, not blastable) $
Class C rock (loose, diggable) $
Additionally, Applicant will be required to pay all costs associated with the acquisition
and prepazation of any easements or permits necessary for the Main Extension. Applicant will be
responsible for all restoration chazges, except the Company will be responsible for restoration
chazges related to the Free Extension up to 100 feet in length.
2.4 Final Statement of Costs. Afrer the completion of the Main Extension and prior
to MAWC's acceptance of the Main Extension, MAWC will prepare and deliver to Applicant a
final accounting of all actual costs and expenses associated with the construction and installation
of the Main Extension and the Company will determine whether the ApplicanYs initial payment
is above or below the Applicant's share of project costs. If the initial payment is above the
ApplicanYs share, the Company will refund the excess to the Applicant. If the initial payment is
below the ApplicanYs shaze, the Company will bill Applicant for the shortfall:
The costs representing the amount paid or contributed by MAWC will be MAWC's
contribution ("MAWC Contribution").
MAWC Contribution also will be adjusted for all other considerations associated with the
Main Extension, including without limitation, MAWC's upsizing of any main pursuant to Article
4.2 or MAWC's addition of water main and related facilities beyond the needs of the Applicant
pursuant to Article 43 and in accordance with applicable rules and regulations on file with the
Missouri Public Service Commission. The calculation for MAWC initiated upsizing or
additional main installation will be per Articles 4.2 and 43 based on the actual footage installed,
and any adjustment shall be made as part of the final statement of costs.
Any amount due to MAWC under this Article shall be paid within thirty (30) days of
MAWC's providing a final statement of costs and shall be a condition precedent to MAWC's
acceptance of the Main Extension.
2.5 Customer Fronta e Chaz e. A"Customer Frontage Charge" is an amount charged
to new customers outside of Applicant's Development who connect a new-metered service line
3
to a designated portion of the Main Extension. The method for arriving at this charge and the
limitations on Customer Frontage Charge are more specifically explained in MAWC's rules and
regulations on file with the Missouri Public Service Commission. A copy of these rules is
available from MAWC's New Business Department upon request. This refund is collected by
MAWC and paid to the Applicant or its assignee as these identified services aze connected in the
future. If MAWC extends the main at its own cost, Applicant shall not be entitled to a Customer
Frontage Refund if new customers connect to that part of the main extension funded by the
Company.
Article 3
Plans, Specifications and Pre-Construction Requirements
3.1 Lav Out. At ApplicanYs option, the Company either will lay out the Main
Extension on plans furnished by Applicant (plans to be provided at the cost of the Applicant), or
the plans and layout far the Main Extension may be prepazed by ApplicanYs engineer and
submitted to the Company for approval.
(a) In either case, Applicant must submit the following to MAWC: (i) two sets
of site and grading plans (either with or without lay out), including the easements
proposed for the Main Extension, and any proposed or existing utilities, sewers, and other
easements; (ii) the local fire authority's ordinance or resolution reflecting any new fire
hydrants that must be installed in connection with the Main Extension; and (iii) fire flow
requirements.
(b) If Applicant engages its own engineer for plans, Applicant shall employ a
professional engineer registered in the State of Missouri and acceptable to MAWC.
(c) All plans and specifications shall be prepazed in accordance with MAWC
specifications with respect to materials, design, and its engineering and operating
practices, in accordance with all rules, regulations, requirements and recommendations of
regulatory agencies having or asserting jurisdiction over the Main Extension or the
development to be served and in accordance with good utility practices. MAWC's
Special Conditions and Technical Specifications are available from MAWC's New
Business Department upon request. MAWC specifically reserves the right to withhold
approval if these standards are not met.
3.2 Additional Chazees. MAWC reserves the right to assess additional charges if
MAWC is required to create multiple layouts or to perform multiple reviews pursuant to an
ApplicanYs request.
3.3 Pre-Construction Requirements. Prior to construction, the following conditions
must be met:
(a) The final plans and specifications shall be approved by MAWC;
(b) Applicant has fumished all requisite permits and easements, and approval
by all regulatory agencies having or asserting jurisdiction; and
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(c) To the extent any municipality or other government entity impacted by the
Main Extension or the development being served requires a franchise agreement,
Applicant has furnished a franchise agreement in a form acceptable to MAWC in its sole
discretion.
Article 4
Construction of the Main Extension
4.1 Construction of the Main Extension.
(a) MAWC shall install the Main Extension according to the layout approved
under Article 3. Construction shall be performed in accordance with MAWC
specifications with respect to materials, design, and its engineering and operating
practices, in accordance with all rules, regulations, requirements and recommendations of
regulatory agencies having or asserting jurisdiction over the Main Extension or the
development being served by it, and in accordance with good utility practices.
(b) Construction of the Main Extension shall not begin until the site for the
Main Extension has been graded and surveyed to the extent specified by MAWC. When
Applicant has provided written notice certifying that the site is ready for commencement
of construction, and such is confirmed by MAWC, MAWC will proceed with
construction as soon as reasonably possible, taking into account workload and seasonal
conditions. Such notice will not be considered until this Agreement is fully executed.
MAWC reserves the right to interrupt and stop construction of the Main Extension if
MAWC becomes aware of issues that may impact the Main Extension.
(c) No connections shall be made to the Main Extension or to any other
facilities of MAWC that are deemed to be illegal connections by the Environmental
Protection Agency, or any other agency having jurisdiction over such connection.
4.2 Increased Main Size. MAWC expressly reserves and shall have the right to
require construction and installation of water main of a larger diameter than the ApplicanYs
service requirements, provided, however, that MAWC shall beaz the cost difference, determined
by MAWC, in accordance with its tariffs between the larger diameter main and the smaller
diameter main ("Main Size Cost Differential"). The Main Size Cost Differential will be included
as a credit, to the extent applicable, in the final statement of costs described in Article 2. MAWC
will determine the amount of this credit at its sole discretion, which shall include a11 of the Main
Size Cost Differential. Any potential credit to Applicant will be based on the following:
THIS ARTICLE APPLICABLE ��_ (indicate "yes" or "no").
5
SIZE COST FOOTAGE
OTHERWISE PER FOOT ESTIMATE*
SIZE TO BE
INSTALLED NECESSARY DIFFERENTIAL TOTAL
12" 6�� � $
12" g �� $ $
g �� 6 „ $ $
TOTAL $
(*Actual footage to be used in final calculation of MAWC's credit to Applicant).
43 Additional Main Installation. MAWC expressly reserves and shall have the right
to require construction and installation of additional pipe footage of water main and related
facilities beyond the proposed Main Extension, provided, however, that MAWC shall beaz the
cost of the additional pipe and facilities, determined by MAWC, in accordance with its taziffs
("Additional Main Costs"). The Additional Main Costs will be calculated as part of the final
statement of costs described in Article 2. MAWC will determine the amount of this credit at its
sole discretion, which shall include all of the Additional Main Costs. Any potential credit to
Applicant will be based on the following:
THIS ARTICLE APPLICABLE �_ (indicate "yes" or "no").
SIZE TO BE FOOTAGE COST
INSTALLED ESTIMATE PER FOOT TOTAL
6�� $ $
g�° $ $
12" $ $
$ $
TOTAL $
(*Actual footage to be used in final calculation of MAWC's Credit to Applicant.)
4.4 Construction of Fire H d�s. MAWC will install fire hydrants in accordance
with MAWC's current standards and specifications at locations specified by appropriate fire
authorities or MAWC.
4.5 Restoration. Upon completion of work, MAWC shall remove all equipment
belonging to it or used under its direction or by its contractor or its subcontractors, and shall
dispose of all unused materials, rubbish, surplus excavated materials and debris. Except for
restoration performed by MAWC in connection with a Free Extension up to 100 feet, Applicant
shall repair all roads, sidewalks, parkways and restore all else affected by the work in connection
6
with the Main Extension and such repairs and restoration work shall be made in accordance with
the requirements of MAWC and governmental agencies having proper jurisdiction.
All areas affected by the Main Extension shall be repaired and restored to MAWC's
reasonable satisfaction prior to the acceptance of the Main Extension. If weather conditions
prohibit restoration of said affected azeas, MAWC may require a cash deposit equal to MAWC's
reasonable approximation of restoration costs. This cash deposit is refundable when the
restoration is completed by the Applicant to the reasonable satisfaction of MAWC. In the event
the restoration is not performed in a timely manner as determined by MAWC, MAWC shall use
the cash deposit to the extent necessary to restore the azeas affected by the Main Extension
construction. Any remaining deposit amounts will be refunded to Applicant, but any additional
amounts required will be billed to the Applicant.
Article 5
Easements and Title
5.1 Grant of Access to Right of Wav. Applicant has adopted an ordinance permitting
the installation of the water mains, hydrants and appurtenant facilities in connection with the
Main Extension in the rights-of-way as set forth therein. A final, approved copy of such
ordinance is attached as Exhibit C .
5.2 Conveyance of Title.
(a) The Main Extension shall be and remain the property of MAWC. To the
extent Applicant has any rights, title or interest in the Main Extension, a11 ApplicanYs
rights, title and interest in the Main Extension must be tendered to MAWC and its
successors and assigns prior to MAWC accepting the Main Extension for service.
Applicant agrees to execute and/or deliver promptly such documents as MAWC may
request to evidence good and merchantable title to said facilities free and clear of all
liens.
(b) No mechanics' lien or claim may be filed or maintained by anyone
including, but not limited to, any of the parties hereto, any contractor, subcontractar or
materialman performing labor or furnishing materials or services in any way relative to
any of the obligations of this Agreement, including one related to furnishing engineering
services for the main layout, surveying, or providing services related to preparation or
restoration of the site. To the extent applicable, Applicant shall submit to MAWC lien
waivers or any other relevant data requested by MAWC. If any lien waivers required to
be provided by Applicant for work done in connection with the Main Extension aze not
available to MAWC, before MAWCs acceptance of the Main Extension, MAWC may
seek additional assurances such as a Letter of Credit or cash deposit in a form satisfactory
to MAWC.
(c) MAWC will accept the Main Extension for service when it is satisfied that
all preconditions under this Agreement have been met and MAWC has received all
monies owed.
7
Article 6
Miscellaneous
6.1 Waiver. The failure of either party hereto to enforce any ofthe provisions ofthis
Agreement or the waiver thereof in any instance shall not be conshued as a general waiver or
relinquishment on its part of any such provision but the same shall, nevertheless, be and remain
in full force and effect.
6.2 Cooperation. Applicant and MAWC will cooperate fully with each other in all
matters relating to obtaining all approvals of all regulatory agencies required in order for MAWC
to provide water service for the Main Extension.
63 Assi�nt. Neither this Agreement nor any of the rights, duties or obligations of
the Applicant hereunder may be transferred or assigned (by operation of law or otherwise) by the
Applicant except with the prior written approval of MAWC. MAWC sha11 have the right to
assign all of its rights and obligations under this Agreement to any entity which succeeds to or
acquires substantially all of MAWC's operations or assets covered by this Agreement.
6.4 Recordine. MAWC may record this Agreement or a memorandum thereof in
accordance with the laws of the State of Missouri.
6.5 Force Majeure. Neither party to this Agreement shall be liable to the other for
failure, default or delay in performing any of its obligations hereunder, other than for payment of
money obligations specified herein, in case such failure, default or delay in performing any of its
obligations specified herein is caused by strikes or other labor problems, by forces of nature,
unavoidable accident, fire, acts of the public enemy, interference by civil authorities, passage of
laws, orders of the court, adoption of rules, ordinances, acts, failures to act, decisions or orders or
regulations of any govemment or military body or agency, office or commission, delays in receipt
of material, or any other cause, whether of similar nature, not within the control of the party
affected and which, by the exercise of due diligence, such party is unable to prevent or overcome.
Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what
is reasonable and necessary so that each party may perform its obligations under this Agreement.
MAWC shall not in any event incur any liability to Applicant for consequential or other indirect
damages which may result from delays in initiating service or interruptions or other malfunctions
of service. MAWC shall have no obligation to accept the Main Extension if any action, law suit,
proceeding or cause of action is pending or threatened with respect to installation.
6.6 Notices. All notices, consents, requests, demands and other communications
hereunder are to be in writing and aze deemed to have been duly given, made or delivered:
(i) when delivered in person, (ii) three (3) days after deposited in the United States mail, first
class postage prepaid, (iii) in the case of telegraph or overnight courier services, one (1) business
day after delivery to the telegraph company or overnight courier service with payment provided,
or (iv) in the case of telex or telecopy or facsimile, when sent, verification received, in each case
addressed as follows:
8
if to MAWC:
Attn: Engineering
727 Craig Road
St. Louis, MO 63141
with a copy to:
Attn: General Counsel
727 Craig Road
St. Louis, MO 63141
if to Applicant:
City of Riverside, Missouri
Attn: Michael Duffy, Director of Community Development
2950 N.W. Vivion Road
Riverside, Missouri 64150
with a copy to:
Joe Bednar
Spencer Fane Britt & Browne LLP
1000 Walnut Street, Suite 1400
Kansas City, Missouri 64106
or to such other address as any party hereto may designate by notice to the other parties in
accordance with the terms of this Article.
6.7 Entire A¢reement. This Agreement sets forth the complete understanding
between Applicant and MAWC, and any amendments hereto to be effective must be in writing
and signed by both parties hereto. Nothing in this Agreement, express or implied, is intended, or
sha11 be construed, to confer upon or give to any person, firm or corporation (other than the
parties hereto and their permitted assigns) any rights or remedies under or by reason of this
Agreement, or any term, provision, condition, undertaking, warranty, representation, indemnity,
covenant or agreement contained herein.
6.8 Reeulatory Jurisdiction and Approval. This Agreement is intended to be
consistent with applicable rules and regulations on file with the Missouri Public Service
Commission. This Agreement may be subject to such approval of the Missouri Public Service
Commission to the extent required by law.
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69 Governing Law. This Agreement shall be governed by the laws of the State of
Missouri, without regard to conflict of laws rules.
6.10 Onerating Presswe. The normal range of operating pressures related to the Main
Extension will be from 102 pounds per square inch (psi) to 141 psi, varying with ground
elevation and MAWC operating requirements. If necessary, appropriate pressure reducing valves
and pressure relief valves should be installed as part of the customer's plumbing to comply with
the requirements of the applicable plumbing code and water using appliances installed in the
premises.
If underground lawn sprinkler systems aze to be installed as part of the customer's
plumbing, appropriate pressure reducing valves and backflow preventers should be installed to
comply with manufacturers' requirements, applicable plumbing codes, and State regulatory
requirements.
6.11 Project Reconciliation. Upon ApplicanPs submittal of all necessary items
specified in this Agreement, reconciliation of this job will be completed in a reasonable amount
of time based on MAWC's current workload.
6.12 Effective Date. This Agreement shall become effective when both parties sign the
Agreement and Applicant provides Company the payment specified in Article 2.3 (the "Effective
Date").
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the dates shown below.
MAWC Applicant
MISSOURI-AMERICAN WATER COMPANY CITY OF RIVERSIDE, MISSOURI
� By� �����
Name: �e relt � ,�u••, Name: ��FLIilPfrl L �C�
Title: /�n�".�Qer� �4 /i'/�� G c�-� Title:
Federal I.D. N ber:
Date: � �� `�' � Z Date: � - � � —/ �—'
10
EXHIBIT A
Approved Plans Attached
11
EXHIBIT B
1. Contact Information
ApplicanYs Name: City of Riverside, Missouri
Address: 2950 N.W. Vivion Road
Riverside. Missouri 64150
Primary Contact: Michael Duffv Director of Community Development
Phone: �816) 741-3993
E-mail: mduffy��citvofriversidemo.com
2. Proiect Information
MAWC operating district where the Main Extension is proposed: Platte
Countv/Pazkville
Name of Project: Horizons Business Park Development Project
Total Estimated Length of the Main Extension: �� 5 1 ft.
3. New Customer Connections: How many new customer metered water service
connections is Applicant guazanteeing to take water service within 120 days of acceptance of the
water main extension and, for each of these connections, is Applicant committing to purchase
water for a minimum of one (1) year ("New Customer(s)")?
Applicant shall provide a list of the addresses and lot numbers of all New Customer(s) on
the form set forth below.
4. Customer Fronta�e Chazee: Is the Applicant designating this Main Extension will be
subject to the Customer Frontage Charge as described in Article 2.5? Yes No
If "yes," Applicant must specify any areas which are to be excluded from the Customer
Frontage Chazge (The Development which is to be served by this Main Extension is excluded
from the Customer Frontage Charge.):
5. Free Main Extension Is the Main Extension intended to serve a recorded, residential
single lot development where Applicant prefers to choose the one hundred (100) foot free
extension as described in Article 2.2(c)? Yes No
List of Addresses for New Customers taking water service
Address Lot No. (if applicable)
EXHIBIT C
Adopted Ordinance Attached
BILL NO. 2012-038 (AMENDED) ORDINANCE NO. 1132
AN ORDINANCE AUTHORIZING THE INSTALLATION OF WATER MAINS AND
RELATED FACILITIES IN CONNECTION WITH THE HORIZONS BUSINESS PARK
DEVELOPMENTPROJECT
WHEREAS, Missouri-American Water Company ("MAWC") is currently authorized to
provide water within the City of Riverside, Missouri ("C�"), which is a part of MAWC's
Pazkville/Platte County District (the "District"); and
WHEREAS, Section 393.130.1, RSMo., requires MAWC to furnish and provide such
service instrumentalities and facilities as shall be safe and adequate and in all respects just and
reasonable;and
WHEREAS, it is MAWC's duty to serve all persons in accordance with its tariffs within
an azea in which it has been certificated; and
WHEREAS, the City entered into a Master Development Agreement with Riverside
Horizons, LLC (f/k/a Briazcliff Horizons, LLC) (the "Develoroer") for the development of the
Horizons Business Pazk Development Project (the "Project") within the City and within the
designated Area of the local Tax Increment Financing Area and within the Area of the State Tax
Increment Financing Area; and
WI�REAS, the City and the Developer have entered into a Land Purchase Agreement
for the construction and operation of certain business facilities in connection with the Project (the
"Facilities"); and
WHEREAS, prepazation work and foundational construction of the Facilities has
commenced; and
WHEREAS, the Project will require an extension of MAWC water mains, hydrants and
appurtenant facilities, which is governed by Rule 23 of MAWC's Rules and Regulations
Governing the Rendering of Water Service, on file with the Missouri Public Service Commission
as PSC MO No. 9(the "Taziff'); and
WHEREAS, the water mains, hydrants and appurtenant facilities that will serve the
Project must be installed before vertical construction of the Facilities can commence; and
WHEREAS, the water mains, hydrants and appurtenant facilities that will serve the
Project will be owned by MAWC pursuant to the Taziff; and
WHEREAS, under the Tariff, a11 main extensions must be installed in easements or
right-of-way as determined by MAWC, and any applicant for a main extension is responsible for
easement acquisition costs for the main extension; and
WA 3561090.1
WHEREA5, the Project design will require that some of the water mains, hydrants and
appurtenant facilities that will serve the Project be installed in rights-of-way as described in
Ezhibit A and E%lubit B, and the City agrees there will be no charge for any permit fees for the
installation of such water mains, hydrants and appurtenant facilities being located therein; and
WHEREAS, funding for the installation of such mains, hydrants and appurtenant
facilities in connection with the Project in the right-of-way described in E�ibit A will be
pursuant to an agreement to be entered into between the City and MAWC pursuant to and
consistent with the Tariff, and funding for the installation of such mains, hydrants and
appurtenant facilities in connection with the Project in the right-of-way described in Eachibit B
will be pursuant to the Master Development Agreement dated as of May 10, 2011, and the
Escrow Agreement dated as of June 16, 2011, between the City and the Developer; and
WHEREAS, MAWC will agree to allow the installation of such mains, hydrants and
appurtenant facilities in connection with the Project to be in right-of-way instead of easement so
long as the City agrees to reimburse MAWC for the necessary costs actually incurred by MAWC
associated with future relocation of the water main, hydrants and appurtenant facilities installed
in connection with the Project in the rights-of-way as described in Exhibit A and Exlubit B, and
the City agrees to such reixnbursement only where relocation of the aforementioned facilities is
deemed by MAWC to be necessary as a result of a project or improvements requested in writing
by an authorized officer of the City; and
WHEREAS, MAWC will agree to allow the installation of such mains, hydrants and
appurtenant facilities in connection with the Project to be in right-of-way instead of easement so
long as the CiTy agrees, in the event the water main, hydrants and appurtenant facilifies being
relocated cannot be relocated in right-of-way, that the City will be responsible for obtaining the
necessary easements, which must be acceptable to MAWC; and
WHEREAS, MAWC will agee to allow the installation of such mains, hydrants and
appurtenant facilities in connection with the Project to be in right-of-way instead of easement so
long as the City agrees to be responsible to pay for the necessary costs, including condemnation
costs, associated with the acquisition of such easements where relocation of the aforementioned
facilities is being done as a result of a project or ixnprovements requested by the City; and
WHEREAS, the City has no other satisfactory options available to it at this tixne as time
is of the essence to begin installation of the water mains, hydrants and appurtenant facilities to be
installed in connection with the Project as further delay will result in injury to the health safety
and welfare of the citizens and businesses of the City.
WHEREAS, the City passed Ordinauce 1125 authorizing ihe installation of water mains
and related facilities in connection with the Horizons Business Pazk Development Project; and
WHEREAS, Eachibit A and Exhibit B to Ordinance 1125 have subsequendy been
modified; and
WHEREAS, the City wishes to repeal Ordinance 1125 and enact this Ordinance 1132 in
lieu thereof authorizing the installation of water mains and related facilities in connection with
the I3orizons Business Park Development Project.
2, WA 3561070.1
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. Ordinance 1125 is hereby repealed and this Ordinance 1132 is enacted in
lieu thereof;
Section 2. The City hereby permits the installation of the water mains, hydrants and
appurtenant facilities in connection with the Project in the rights-of-way as described in E�ibit
A and Exhibit B, and agrees there will be no charge for any permit fees for the installation of
such water mains, hydrants and appurtenant facilities being located therein.
Secrion 3. The City hereby authorizes the Mayor of the City to execute and deliver,
an agreement between the City and MAWC related to the installation of water mains, hydrants
and appurtenant facilities in the right-of-way of described in Exhibit A and Exhibit B as part of
the Project, containing such terms as aze fair and reasonable to the City and consistent with the
terms of the Tariff, this Ordinance and Missouri law.
Section 4. The City agrees to reimburse MAWC for the necessary costs actually
incurred by MAWC associated with future relocation of the water main, hydrants and
appurtenant facilities installed in connection with the Project in the rights-of-way as described in
Exhibit A and Exhibit B only where relocation of the aforementioned facilities is deemed by
MAWC to be necessary as a result of a project or improvements requested in writing by an
authorized officer of the City. The City's obligation to pay for relocation does not apply to
projects or improvements requested by third parties, even if those projects aze approved by the
City.
Section 5. In the event the water main, hydrants and appurtenant facilities being
relocated cannot be relocated in right-of-way, the City will be responsible for obtaining the
necessary easements, which must be acceptable to MAWC. Also, the City will be responsible to
pay for the necessazy costs, including condemnation costs, associated with the acquisition of
such easements only where relocation of the aforementioned facilities is being done as a resuit of
a project or improvements requested by the City.
Section 6. In the event the portion of the rights-of-way of described in Exhibit A and
Exhibit B in which the water main, hydrants and appurtenant facilities installed in connection
with the Project aze located is ever vacated or abandoned by the City, the City will be solely
obligated to incur the necessazy costs, including condemnation costs, associated with obtaining
the necessary easements, which must be acceptable to MAWC, and the City shall use
commercially reasonable efforts to obtain such easements before said portion of such rights-of-
way is vacated or abandoned.
Section 7. This Ordinance 1132 shall be in full force and effect from and after its
passage and approval.
3 WA 3561070.1
PASSED AND AppROVED THIS� DAY OF �, 2012.
�
; � Ma or Pro Tem Ron S r
`� � .. ,, .
0
• ,.
. .� S.� : a s .
T• ��'
;?,T'i'E��-
L_
City Clerk •� .
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' '� \ ( j '�� 1 �
4 WA 3561070.1
EXFIIBIT A
See attached.
5 wnsscio�o.i
Exhibit "A" -1a
� � ,�
E R LNe, ��
ExlatNg 17 Woter Eosemer�t NMzona P way � �� 1
(BOOk ]28, Poge 509) (Book ilif, Pa�BSf) JR+�T/'sfde HOf/HOns
wd W. Llne Lot 2 � East Fitst Plet
RMrs(de Hwh a Eoaf � �,�p
TO' � et Vlat �1 �
W. L(ne, SW. i/4. � --- 1
See. S, i50N, R33W �--------_____ I
I 42ad SL
LOT 4
ARGO INNOVqTION
Panx I i
i
I �i � N'�Lfne o/ Lot 2
N0028'S5'E 724.67'
S8 �35'34'E � Lot 2
N8935'50'W f0&65' � Rtverside Xarizons
��' I 589 50'E � �st FSrst Plet
I
— 301.00(
� Poiat of �
��B __ __LL� -- N.LMao141af5G
— Z� I � S L7ne ol Lot 2
� Point B L
I q �_ —_��__ __---
� sooroa'os•w 4fse sa
�. I I 75.�9' �
r-
LOT B i 4 �
ARGO INNO �ATION i � �
P � K Lot 13
� I .� Rfverside Xorizoas
N0078'55"E 630.00' � � Eest dlist Plat
I
N8852'f0"W 15.00' I
I
� N0028$ f
15.00' I
5. LMe, SW. i/4, Sec. 5, T5W„ p3,;W
N. Lfne. NV✓. 1/4. Fm� Sea & TSON. RJJVJ
Paint ot Commencin � pa/nt Beginning
NW. Cw.. NW. 1/�, Poht A �
Fraa Sec. & TSW'L R73W �
FoundJ/4'Barin I 589'SY'f0'� iQ00'
Monumanf Box I
From Ties � W LMe o/ Lo�t I4
(Oac. {600-61555) � I
I and E R/W /
Hwlzons Parkway
Unplatfed I
zo' �
1" � LaE 14
� Riveiside Honzoas
S0079'43'W 875.00' II I Eest First Plet
�
I
� I� I
� I
� , I N87'I8'48'E T�yfor d(emorieJ
� R � 135.70' -- Blvd. — —
m ,`�. I o N45 '00
e N I � 27.20'
� , .- 1 —! ---- __— _ ----
O� � ` - �
�a T
P
i g 5893550'E
m � 379:92'
� Lot I7
3 I � Riverside Horizoar
� I £ast FYrst PIaE
1" a 200'
� 72,IB3 F qFL` t
0' 100' 200' 400' 1.657 Mres
SCALE IN FEET
PROJECTNO: POtt-115B M �y,r�y�� ppy�gR
oR^^�+*+�' ^� UTILITY EASEMENT V �OLSSON. � „, ;�„m�'"�^
MTE Y!1/12REV.08R&12 •iioci�lEe fwxnaan.�n� �2
EXHIBIT "A" —1 b
File No. 2011-1158/2009-1632
Horizons East
June 1, 2012
Revised June 25, 2012
Revised June 27, 2012
EXH12
Utility Easement
A 20 foot wide Utility Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to ternunate at their respecflve
properiy lines, being all that part of the Northwest Quarter of Fractional Secflon 8, Township 50
North,. Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows:
COMMENCING at the Northwest corner of the Northwest Quarter of Fractional Section 8,
Township 50 North, Range 33 West; thence South 88 degrees 52 mixiutes 10 seconds East along
the North line of the Northwest Quarter of said Fractional Section 8 a distance of 10.00 feet to a
point hereby designated as Point "A", the POINT OF BEGINNING; thence South 0 degrees 19
xninutes 43 seconds West a distance of 875.00 feet to a point; thence South 89 degrees 35
minutes 50 seconds East a distance of 379.92 feet to a point; thence North 45 degrees 00 minutes
00 seconds East a distance of 27.20 feet to a point; thence North 87 degrees 18 minutes 48
seconds East a distance of 135.70 feet to a point on the West right of way line of Horizons
Pazkway, the point of temiination of said centerline.
Also,
A 30 foot wide Utility Easement lying 15.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to terminate at their respective
properiy lines, being all that part of the 5outhwest Quarter of Section 5, all that part of the
Southeast Quarter of 5ection 6, all lying in Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, described as follows:
BEGINNING at aforementioned Point "A"; thence North 0 degrees 28 minutes 55 seconds East
a distance of 15.00 feet to a point; thence North 88 degrees 52 minutes 10 seconds West a
distance 15.00 feet to a point; thence North 0 degrees 28 minutes 55 seconds East a distance of
630.00 feet to a point hereby designated as Point "B", the point of termination of said centerline.
Also,
A 20 foot wide Utilily Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to temunate at their respecfive
property lines, being all that part of the Southwest Quarter of Section 5, and all that part of the
Southeast Quarter of Section 6, all lying in Township 50 North, Range 33 West, in ihe City of
Riverside, Platte County, Missouri, described as follows:
BEGINNING at aforementioned Point "B"; thence South 89 degrees 35 minutes 50 seconds East
a distance of 301.00 feet to a point; thence South 0 degrees 03 minutes 09 seconds West a
distance of 75.69 feet to a point; thence South 89 degrees 35 minutes 34 seconds East a distance
of 108.65 to a point on the East right of way line of Horizons Pazkway, the point of tenninadon
of said centerline.
Also,
BEGINNING at aforementioned Point "B"; thence North 89 de�ees 35 minutes 50 seconds
West a distance of 5.00 feet to a point; thence North 0 degrees 28 minutes 55 seconds East a
distance of 724.61 feet to the point of termination of said centerline.
The above described easement tract contaius an aggregate total of 72,163 Square Feet or 1.657
Acres, more or less.
�t s I
Argo Jnaasetion Perk
Lot 4
Argo Inaovetlan Per&
W. Line ol Lot J and
E R/W o{ YaHox Rd.
5. LNe o/ Lot J
S Ltne o/ Lat 4
E Line o/ lot 4 wd
W. R/W oi U De Populiu
58923'59 E 96293' �Z��B' 55628'50�E f00.00'
___ N00'15'59'E 3250' d� R� �
N Ss'i °o•
-----------------------------------
— — — N89�3'. aB274' — ------+—� :ZBB.g�.�� Point of BegJnaing �
Q 41st Street � SE Cor. of Lot 4
a — � ssp-�"SO�� 58935'49'E /0.13' $
x� x �
w �
o N5628'49'W \ �X `e? �'� Ra4p� �
� 100.00' � `�"O��r '�
L=60.11' R=59209' �
lot 6 d=549'00' 17H=N6342'36'W \ ` –'-- �.,
Argo Innowtfon PerX _ �
Int 8 La188.96' R�42A61'
Arga Inaovation Per& a2537$9' �
� S87'09'35'W 7.99'
� soozs•se•w zzor � �`
�^ = ioo. s� '
� §_
o' so' ioo' 200'
SCALE IN FEET �L@f 50,842 SF
I.IB3 Ac., f
raaECrdo zaoairezx
nmw.u�amrs FJw�BR
O�OLSSON ""'°
oR^^n*+ar: M�a Utility Easement Exhibit a..,..�.�.� �
• � wsa�am
MIE: u5iOBHSPEV.a8116�t2 •ssoci�iea e�[wasetnn
EXHIBIT "A" — 2b
File No. 2009-1632H
Riverside
May 8, 2012
Revised June 27, 2012
EXH14
Utility Easement
All that part of ARGO Innovation Pazk, a subdivision in the City of Riverside, Platte County,
Missouri, described as follows:
BEGINNING at the Southeast comer of Lot 4, ARGO Innovation Park; thence South 0 degrees
28 minutes 56 seconds West along the Southerly prolongation of the East line of said Lot 4 a
distance of 22.07 feet to a point; thence South 87 degrees 09 minutes 35 seconds West a distance
of 7.99 feet to a point; thence in a Northwesterly direcfion along a curve to the right, having a
radius of 424.61 feet, through a central angle of 25 degrees 37 minutes 59 seconds, an azc
distance of 189.96 feet to a point; thence in a Northwesterly direcfion along a curve to the right
whose initial tangent bears North 63 degrees 42 minutes 36 Seconds West, having a radius of
592.09 feet, through a central angle of 5 degrees 49 minutes 00 seconds, an azc distance of 60.11
feet to a point; thence North 56 degrees 28 minutes 49 seconds West a distance of 100.00 feet to
a point; thence in a Northwesterly direction along a curve to the left, having a radius of 467.50
feet, through a central angle of 32 degrees 55 minutes 10 seconds, an arc distance of 268.60 feet
to a point; thence North 89 degrees 23 minutes 59 seconds West a distance of 962.74 feet to a
point on the Southerly prolongation of the West line of Lot 3 of said ARGO Innovation Pazk;
thence North 0 degrees 15 minutes 59 seconds East along said prolongation a distance of 32.50
feet to a point on the Westerly prolongation of the South line of said Lot 3; thence South 89
degrees 23 minutes 59 seconds Fast along the South line of said Lots 3, 4 and said prolongation a
distance of 962.93 feet to a point; thence in a Southeasterly direction along the South line of said
Lot 4 and along a curve to the right, having a radius of 500.00 feet, tUrough a central angle of 32
degrees 55 minutes 10 seconds, an azc distance of 287.28 feet to a point; thence South 56 degrees
28 minutes 50 seconds East along the South line of said Lot 4 a distance of 100.00 feet to a
point; thence in a Southeasterly direction along the South line of said Lot 4 and along a curve to
the left, hauing a radius of 400.00 feet, through a central angle of 33 degrees 06 minutes 59
seconds, an arc distance of 231.20 feet to a point; thence South 89 degrees 35 minutes 49
seconds East along the South line of said Lot 4 a distance of 10.13 feet to the POINT OF
BEGINNING and containing 50,642 Squaze Feet or 1163 Acres, more or less.
EXI�BIT B
See attached.
6 WA 3561070. t
i �% �
s
,
a l mef �/ /
!d'vemtde X ivoa
� I �t ,a,t Plat �
� � •_�;��, rii�,
9
NWT4'10"E 1&00' � --_- _ � Ha �/ y°
-589�5'3{'E 504.65'- - / �
NOOY4'f0'E 8&00' r - �SB550$2'E 21S5D= -� - - _ _ _ _ _ �
L-,a� s��.�� „8.,�• .� n T__� �
SA'J1'S0'E 10.W /
Polnt ol CommmafAP I � 1
A'I Cw N Lot Y Polnf of Heglmlqq I li
F)nsad� RoN om
� 6st .Rnt P4t I ;
I SIYxWUMSG
HWMIY3 p
� p E R/�'� Yx. I I�j
�Gbdi 11��� RP dH) I I I I
j meW.1Y�MLM3
° � �� /ol t
� ve z v� s �—nuet' to-�n.w' � I Rrve.afn. Bwtrom
� A'wvtle H mv Poevmide H iaav h1I�0'IIB'
I dlef iZal P4[ dbal F4sl Plet ' I Fa+t .%rst P4t
� I l l I
�
; I
� i �� �� � �
Lot 6 ,-
I x ua d r�e st / Y 8innlds /tor/ami �
pa! /lis! PN!
I NOOR47o'E f&00' su,.xtwz y ry .
� 91.09�1tt 6)9J56'W ]S60' �/ / m
� 18sE Aa�m — _ � _ — — — — — e NBBW'0.5'W 820.5' �'
_ _NRS5�' _ _ �—_ � ti
`��'/ 13 8.88'— — � � �
��- �� 1 NB895'34'W ra04' Flst SG r \ \ J�
0 50�21b' —__ _ � � \ \ 8 /
SCN.E W fEET N8915'34'W 16312' \ \ �a
\ � /
\ \
L�14f.W' R�JB&00' � \
o-z��o'zn• �
� \ seBpe•
� g�,
�\ ��
Lot l9 \ \ \
PortrsMS N isoro \ \
d1sL f&rf Plef \ \
\ �\
lotl2 \\ \
R(nfaMe Hw/ me `\l
/ 6st /&s! P0t v
MV. [n. MV. �/6
Fm 9ee 4 l+'M RllW
fe�Y ]/�'BS F '
MeiunvMb
r..� n.. /
6.� n�msss)
1 me u
tun.sMe iwrrams
/ 8et lYmf Plet
5. Lns. 4W �/4 Ae S i`AM. RiJw
/ Nees310W 1GM.U'
H Ilw. MV. �/4 Foc Rn 4 13ry'! 0.11W
EB1bME0y: W.� tlYq141�lOBL�
Utiliry Easement Exhibit ,,,�,,,,, � � ,,,,,,�,,,
.��r � ..�.m
,�ro: m„-„� �.,�,m..�p.�„
wre� nn� sw�c OLSSON. „N','
� 6AV
EXIIIBIT "B" — lb
File No. 2011-1158/2009-1632
Horizons East
February 14, 2012
Revised June 25, 2012
EXH9
Utility Easement
A 20 foot wide Utility Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to terminate at their respective
property lines, being all that part of Ftiverside Horizons East First Plat, a subdivision in the City
of Riverside, Platte County, Missouri, described as follows:
COMMFsNCING at the Northwest corner of Lot 2, Riverside Horizons East First Plat; thence
South 89 degrees 35 minutes 50 seconds East along the North line of said Lot 2 a distance of
10.00 feet to the POINT OF BEGINNING; thence North 0 degrees 24 minutes 10 seconds East a
distance of 98.00 feet to a point hereby designated as Point "A"; thence continuing North 0
degrees 24 minutes 10 seconds East a distance of 18.00 feet to a point on the 5outh line of Lot 1,
Riverside Horizons East First Plat, the point of tennination on said centerline.
Also,
BEGINNING at aforementioned Point "A"; thence South 89 degrees 35 minutes 34 seconds East
a distance of 116.13 feet to a point; thence South 85 degrees 50 minutes 52 seconds East a
distance of 275.59 feet to a point; thence South 89 degrees 35 minutes 34 seconds East a distance
of 504.85 feet to a point hereby designated as Point "B"; thence South 0 degrees 24 minutes 26
seconds West a distance of 237.75 feet to a point; thence in a Southwesterly direction along a
curve to the right, having a radius of 471.00 feet, through a ceniral angle of 21 degrees 30
minutes 29 seconds, an arc distance of 176.81 feet to a point; thence South 21 degrees 54
minutes 55 seconds West a distance of 272.14 feet to a point hereby designated as Point "C";
thence South 68 degrees OS minutes OS seconds East a distance of 851.45 feet to the point of
ternuuation of said centerline.
Also,
BEGINNING at aforementioned Point "B"; thence North 22 degrees 00 minutes 10 seconds East
a distance of 241.88 feet to the point of temunation of said centerline.
Also,
BEGINNING at aforementioned Point "C"; thence North 68 degrees OS minutes OS seconds
West a distance of 92.05 feet to a point; thence in a Northwesterly direction along a curve to the
left, having a radius of 386.00 feet, through a central angle of 21 degrees 30 minutes 29 seconds,
an azc distance of 144.90 feet to a point; thence North 89 degrees 35 minutes 34 seconds West a
distance of 163.12 feet to a point; thence North 85 degrees 54 minutes 52 seconds West a
distance of 229.99 feet to a point; thence North 87 degrees 03 minutes 56 seconds West a
distance of 73.60 feet to a point; thence North 89 degrees 35 minutes 34 seconds West a distance
of 70.04 feet to a point; thence North 0 degrees 24 minutes 10 seconds East a distance of 18.00
feet to a point on the South line of said Lot 2, the point of tenvination of said centerline.
The above described easement tracts contain an aggregate total of 71,085 Square Feet or 1.632
Acres, more or less.
Ezhibi[ "B"- 2a
� _ S LMe SW 1/4, Sea 5, TSON, R33
� N8852YOV/ 2610.5J' -
k IJne, NV✓. 1/0. Fm� Sec B, TSON, R3
Lot II
Riverside Xonaans
Tract D East Fltst Plat
� Riverside Horiaoas
Int 14 Eest FS'rst Plat �
Rtverside Borizons —
Psast First Plat
�9�
Point of BeBinniag °�e
sf
E Ltne o/ LM N
N0074'f0'E /7.36'
Pota! of Commeaciag
S.^� Cor. of Lot 14
Rtverside Xorizons Sp024'10'W 50.68'
Eest First Plat
N89'1J'2J"E I06.08' �a.j$,39� R=120.00�
�21%i020' ITB=S51'IB'OB E
Taylor Memoriel L=70.34' R=78.00'
Blvd. �51'40'18' I'B=S0024'f0"W
s Horzo�ne p�arkwoey N87'18'34'W N89"24'27'W Ls45.20 1 Lm188.49' R�180.00'
87.00' 198.49' R=120.00 � �5959'S3' I7B=S2935'48'E
�2134'45'
— � J_ _ _ _ ITB=N3024'OYE � 2o.pa. ���ide Aorizans
— � East F3ist Plet
� --�--- �
sa. � 1 �
N7038'04'W 25.BY L� �`»�52 W �8'35�
N57Y13'38'W 29.06' � L=30.19' R=51.00'
N22%f757�W 4279' d=3334'47' ITBES5158'S2'W
Nif'PB'07`E 36.60' �� L=22.50' Ra298.00'
a4'19'33' 178=S18W4'0.5'W
N6501'S8'W 95.27' �A
/ L=159.74' R=298.00'
�30'42'44' ITH=N2273'37
Lot 17 /
Riverside Rarizons �
East FFrst P/at � Lag8.58' Ra276.00'
�� a�zoz�•5z• ire=s�roa'z�• 7re�c e
' Riversfde Harizons
I East F3ist Plat
y -- I zo.00•
�V
E R/V✓ Llne, � W b+
Van Oe Populiere Road �H`
(Boak fltl, Paga B54)
N �
K
tA
�\ �
Aree.' � ��
42,850 SqF4f Lq'�I \ 5. Line ol Lot is
0.884 ACI9S � �\ N. R/YY oi Easf Canal St
1' = 750' Ee6t Cenel St
�
0' 75' 750' 300'
SCALE IN FEET
PRO.IECTNP. t011-1158 nA �� tiWepd WIIBR
DRAWNBY: MLB Utiliry Easement Exhibit v`OLSSON °�-�°^°k���^°
• +a �aae�.nm .� O
DATE: 05�1Q�'12NkV.OBIZI/12 R6fOCI�TFE FA%%fy1.11H
EXHIBIT "B" — 2b
File No. 2011-1158/2009-1632
Horizons East
May 8, 2012
Revised June 25, 2012
Revised June 27, 2012
EXH10
Utility Easement
A 20 foot wide Utility Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to termivate at their respective
property lines, being all that part of Riverside Horizons East First Plat, a subdivision in the City
of Riverside, Platte County, Missouri, described as follows:
COMIVVffiNCING at the Southeast comer of Lot 14, Riverside Horizons East First Plat; thence
North 0 degrees 24 minutes 10 seconds East along the East line of said Lot 14 a distance of 1736
feet to a point; thence North 88 degrees 13 minutes 23 seconds East a distance of 106.08 feet to
the POINT OF BEGINNING; thence South 0 degrees 24 minutes 10 seconds West a distance of
50.68 feet to a point; thence in a Southeasterly direction along a curve to the left, hauing a radius
of 78.00 feet, through a central angle of 51 degrees 40 minutes 16 seconds, an azc distance of
7034 feet to a point of reverse curvature; thence along a curve to the right, having a radius of
120.00 feet, through a central angle of 21 degrees 40 minutes 20 seconds, an azc distance of
4539 feet to a point of compound curvaiure; thence along a curve to the right, hauing a radius of
180.00 feet, through a central angle of 59 degrees 59 minutes 53 seconds, an azc distance of
188.49 feet to a point of compound curvature; thence along a curve to the right, having a radius
of 120.00 feet, through a central angle of 21 degrees 34 minutes 45 seconds, an arc distance of
45.20 feet to a point; thence South 51 degrees 58 minutes 52 seconds West a distance of 7835
feet to a point; thence in a Southwesterly direction along a curve to the left, having a radius of
51.00 feet, through a central angle of 33 degrees 54 minutes 47 seconds, an azc distance of 30.19
feet to a point of reverse curvature; thence along a curve to the right, having a radius of 298.00
feet, through a central angle of 4 degrees 19 minutes 33 seconds, an azc distance of 22.50 feet to
a point hereby designated as Point "A"; thence continuing along a curve to the right, having a
radius of 298.00 feet, through a central angle of 30 degrees 42 minutes 44 seconds, an arc
distance of 159.74 feet to a point of reverse curvature; thence along a curve to the left, having a
radius of 276.00 feet, through a central angle of 20 degrees 27 minutes 52 seconds, an arc
distance of 98.58 feet to a point of compound curvature; thence along a curve to the left, having a
radius of 450.00 feet, through a central angle of 95 degrees 57 minutes 15 seconds, an arc
distance of 753.62 feet to the point of termination of said centerline.
Also,
BEGINNING at aforementioned Point "A"; thence North 65 degrees O1 minutes 58 seconds
West a distance of 95.27 feet to a point; thence North 11 degrees 46 minutes Ol seconds East a
distance of 36.60 feet to a point; thence North 22 degrees 47 xninutes 57 seconds West a distance
of 42.79 feet to a point; thence North 57 degrees 03 miuutes 36 seconds VJest a distance of 29.06
feet to a point; thence North 70 degrees 38 minutes 04 seconds West a distance of 25.67 feet to a
point; thence North 89 degrees 24 minutes 27 seconds West a distance of 198.49 feet to a point;
thence North 80 degrees 28 minutes 47 seconds West a distance of 94.63 feet to a point; thence
North 87 degrees 18 minutes 34 seconds West a distance of 87.00 feet to a point on the East right
of way line of Horizons Pazkway, the point of teiviivation of said centerline.
The above described easement tracts contain an aggregate total of 42,850 Square Feet or 0.984
Acres, more or less.
Exhibit B
Phase IV Water Main Extension Agreement
See attached.
� Project Name: Horizons Parkway Phase 4 Contract - W/O Number: D17-0401-P-0058
Project Manager: Sue Moynihan Date: September 4, 2012
COMPANY INSTALL WATER MAIN EXTENSION AGREEMENT
At your request, Missouri American Water Company is submitting this Agreement to you based on
the condition that the water pipe being installed in Horizons Parkway Phase 3, under Agreement
D17-0401-P-0057, dated September 4, 2012, is installed and accepted by Missouri American Water
Company into its water distribution system. In the event the aforementioned water pipe is not
accepted by Missouri American Water Company into its water distribution system, this Agreement
shall be considered null and void by all parties concerned.
THIS COMPANY INSTALL WATER MAIN EXTENSION AGREEMENT
("AgreemenY') is made by and between Missouri-American Water Company, a Missouri
corporation ("MAWC" or the "Company"), and the City of Riverside, Missouri ("ApplicanY').
RECITALS:
WHEREAS, Applicant has requested MAWC to supply water in connection with a
proposed development via a water main extension, as described herein; and
WHEREAS, MAWC is willing to supply water via a water main extension subject to the
terms of this Ageement and to applicable rates, rules, regulations and conditions of service in
effect from time to time; and
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
Article 1
Company Install Proposal
1.1 Applicant has proposed the construction of a water main extension ("Main
Extension"). The Main Extension will be designed and installed in accordance with Article 3
and 4 below. Plans and specifications for the Main Extension shall be submitted and approved
by MAWC in advance of the execution of this Agreement (the "Approved Plans"). The
Approved Plans will be attached as Exhibit A and will be incorporated herein by reference and
made part of this Agreement as if set out fully herein.
1.2 Applicant and Company will shaze the wst of the Main Extension as described in
Article 2 below. In order to determine Applicant's shaze of the cost, Applicant must provide
certain information to the Company prior to signing this Agreement, substantially in the form
provided as shown on Exhibit B attached hereto and incorporated by reference.
Article 2
Main Extension Costs and Payment
2.1 Consideration In consideration of MAWC's commitment to supply water for the
Main Extension, Applicant will pay the actual cost of the Main Extension, subject to any
WA 3506383.3
contribution by MAWC as described below. In consideration for ApplicanYs payment for the
Main Extension and the granting of easements under Article 5, MAWC shall install the Main
Extension and, upon completion, shall supply water for the Main Extension.
2.2 Fundin�ptions.
(a) Cost less than four L) times annual revenue. The Company will be
responsible for the cost of the Main Extension where the cost of the Main Extension does
not exceed four (4) times the estimated average annual revenue from the new customer
metered water service connections who commit to purchasing water service for at least
one year and guarantee that they will take water service at their premises within 120 days
of the Company's acceptance of the Main Extension for service ("New Customer(s)").
The Company will estimate annual revenue based on the experience of the Company
from the previous year regarding use of water by similazly situated customers.
(b) Cost more than four (41 times annual revenue. If the estimated cost of
the Main Extension exceeds four (4) times the Company's estimate of average annual
revenue from New Customer(s), the Applicant and Company will fund the remaining
cost (that exceeds four (4) times annual estimated revenue from New Customer(s)) at a
ratio of 95:5 (95% Applicant funded and 5% Company funded) for St. Louis Metro
District and 86:14 (86% Applicant funded and 14% Company funded) for all other
districts.
(c) Recorded Residential Single Lot Development. Applicants requesting a
main extension to serve a recorded, residential single lot development can choose to
receive funding based on four (4) times annual revenue described above or an option
whereby MAWC will be responsible for all of the costs, except easement acquisition
and permit costs, associated with extending the main up to one hundred (100) feet
(known as the "Free Extension"). If the main extension required is greater than one
hundred (100) feet in length, all costs above the Free Extension shall be borne by the
Applicant calculated on a per-foot basis. Due to field conditions, even though the
proposed main extension may be 100 foot or less in length the actual Main Extension
may be greater than 100 foot in length as determined by the Company.
23 Estimated Costs. Applicant shall pay Company its shaze of the estimated costs of
the Main Extension prior to the Company scheduling any work. The Company's estimate of the
total costs of the Main Extension is $138,819.74. Based on the information provided in Exhibits
A and B, and the applicable funding option described above, the Company has calculated
Applicant's shaze of the estimated wsts as$109.729.74. The estimated costs include the
anticipated cost of materials, labor and related expenses, supervision, engineering, inspection
fees, insurance, tools, easements, permits, appropriate taxes, other miscellaneous expenses and a
contingency of up to five percent. Costs will be determined consistent with the rules on file with
the Missouri Public Service Commission.
Estimated costs do not include unanticipated costs such as rock excavation, tunneling,
pavement breaking, surveying or other environmental costs, and those costs may be added if
2
applicable to the final statement of costs described in 2.4 below. Unanticipated costs will be bid
on a project by project basis. If rock is encountered, estimated excavation rates will be as
follows:
ROCK EXCAVATION ESTIMATED RATES
(per cubic yazd)
Class A rock (solid, blastable) $
Class B rock (solid, not blastable) $
Class C rock (loose, diggable) $
Additionally, Applicant will be required to pay all costs associated with the acquisition
and prepazation of any easements or permits necessary for the Main Extension. Applicant will be
responsible for all restoration chazges, except the Company will be responsible for restoration
charges related to the Free Extension up to 100 feet in length.
2.4 Final Statement of Costs. After the completion of the Main Extension and prior
to MAWC's acceptance of the Main Extension, MAWC will prepaze and deliver to Applicant a
final accounting of all actual costs and expenses associated with the conshuction and installation
of the Main Extension and the Company will determine whether the ApplicanYs initial payment
is above or below the ApplicanYs shaze of project costs. If the initial payment is above the
ApplicanYs shaze, the Company will refund the excess to the Applicant. If the initial payment is
below the Applicant's shaze, the Company will bill Applicant for the shortfall.
The costs representing the amount paid or contributed by MAWC will be MAWC's
contribution ("MAWC Contribution").
MAWC Contribution also will be adjusted for all other considerations associated with the
Main Extension, including without limitation, MAWC's upsizing of any main pursuant to Article
4.2 or MAWC's addition of water main and related facilities beyond the needs of the Applicant
pursuant to Article 43 and in accordance with applicable rules and regulations on file with the
Missouri Public Service Commission. The calculation for MAWC initiated upsizing or
additional main installation will be per Articles 4.2 and 43 based on the actual footage installed,
and any adjustment shall be made as part of the final statement of costs.
Any amount due to MAWC under this Article shall be paid within thirty (30) days of
MAWC's providing a final statement of costs and shall be a condition precedent to MAWC's
acceptance of the Main Extension.
2.5 Customer Fronta e�Charee. A"Customer Frontage Chazge" is an amount charged
to new customers outside of ApplicanYs Development who connect a new-metered service line
3
to a designated portion of the Main Extension. The method for arriving at this charge and the
limitations on Customer Frontage Charge are more specifically explained in MAWC's rules and
regulations on file with the Missouri Public Service Commission. A copy of these rules is
available from MAWC's New Business Department upon request. This refund is collected by
MAWC and paid to the Applicant or its assignee as these identified services are connected in the
future. If MAWC extends the main at its own cost, Applicant shall not be entitled to a Customer
Frontage Refund if new customers connect to that part of the main extension funded by the
Company.
Article 3
Plans, Specitications and Pre-Construction Requirements
3.1 Lay Out. At ApplicanYs option, the Company either will lay out the Main
Extension on plans furnished by Applicant (plans to be provided at the cost of the Applicant), or
the plans and layout for the Main Extension may be prepared by Applicant's engineer and
submitted to the Company for approval.
(a) In either case, Applicant must submit the following to MAWC: (i) two sets
of site and grading plans (either with or without lay out), including the easements
proposed for the Main Extension, and any proposed or existing utilities, sewers, and other
easements; (ii) the local fire authority's ordinance or resolution reflecting any new fire
hydrants that must be installed in connection with the Main Extension; and (iii) fire flow
requirements.
(b) If Applicant engages its own engineer for plans, Applicant shall employ a
professional engineer registered in the State of Missouri and acceptable to MAWC.
(c) All plans and specifications shall be prepared in accordance with MAWC
specifications with respect to materials, design, and its engineering and operating
practices, in accordance with all rules, regulations, requirements and recommendations of
regulatory agencies having or asserting jurisdiction over the Main Extension or the
development to be served and in accordance with good utility practices. MAWC's
Special Conditions and Technical Specifications are available from MAWC's New
Business Department upon request. MAWC specifically reserves the right to withhold
approval if these standazds are not met.
3.2 Additional Charaes. MAWC reserves the right to assess additional chazges if
MAWC is required to create multiple layouts or to perform multiple reviews pursuant to an
Applicant's request.
33 Pre-Construction Requirements. Prior to construction, the following conditions
must be met:
(a) The final plans and specifications shall be approved by MAWC;
(b) Applicant has furnished all requisite permits and easements, and approval
by all regulatory agencies having or asserting jurisdiction; and
4
(c) To the extent any municipality or other government entity impacted by the
Main Extension or the development being served requires a franchise agreement,
Applicant has furnished a franchise agreement in a form acceptable to MAWC in its sole
discretion.
Article 4
Construction of the Main Extension
4.1 Construction of the Main Extension.
(a) MAWC shall install the Main Extension according to the layout approved
under Article 3. Construction shall be performed in accordance with MAWC
specifications with respect to materials, design, and its engineering and operating
practices, in accordance with all rules, regulations, requirements and recommendations of
regulatory agencies having or asserting jurisdiction over the Main Extension or the
development being served by it, and in accordance with good utility practices.
(b) Construction of the Main Extension shall not begin until the site for the
Main Extension has been graded and surveyed to the extent specified by MAWC. When
Applicant has provided written notice certifying that the site is ready for commencement
of construction, and such is confirmed by MAWC, MAWC will proceed with
construction as soon as reasonably possible, taking into account workload and seasonal
conditions. Such notice will not be considered until this Agreement is fully executed.
MAWC reserves the right to interrupt and stop construction of the Main Extension if
MAWC becomes awaze of issues that may impact the Main Extension.
(c) No connections shall be made to the Main Extension or to any other
facilities of MAWC that aze deemed to be illegal connections by the Environmental
Protection Agency, or any other agency having jurisdiction over such connection.
4.2 Increased Main Size. MAWC expressly reserves and shall have the right to
require wnstruction and installation of water main of a lazger diameter than the ApplicanYs
service requirements, provided, however, that MAWC shall bear the cost difference, determined
by MAWC, in accordance with its tariffs between the larger diameter main and the smaller
diameter main ("Main Size Cost Differential"). The Main Size Cost Differential will be included
as a credit, to the extent applicable, in the final statement of costs described in Article 2. MAWC
will determine the amount of this credit at its sole discretion, which shall include all of the Main
Size Cost Differential. Any potential credit to Applicant will be based on the following:
THIS ARTICLE APPLICABLE �V p (indicate "yes" or "no").
5
SIZE COST FOOTAGE
OTHERWISE PER FOOT ESTIMATE*
SIZE TO BE
INSTALLED NECESSARY DIFFERENTIAL TOTAL
12" 6 $ $
12" g �� $ $
g �� 6 �� $ $
TOTAL $
(*Actual footage to be used in final calculation of MAWC's credit to Applicant).
43 Additional Main Installation. MAWC expressly reserves and shall have the right
to require construction and installation of additional pipe footage of water main and related
facilities beyond the proposed Main Extension, provided, however, that MAWC shall bear the
cost of the additional pipe and facilities, determined by MAWC, in accordance with its taziffs
("Additional Main Costs"). The Additional Main Costs will be calculated as part of the final
statement of costs described in Article 2. MAWC will determine the amount of this credit at its
sole discretion, which shall include all of the Additional Main Costs. Any potential credit to
Applicant will be based on the following:
THIS ARTICLE APPLICABLE IV(� (indicate "yes" or "no").
SIZE TO BE FOOTAGE COST
INSTALLED ESTIMATE PER FOOT TOTAL
6°� $ $
g�° $ $
12" $ $
$ $
TOTAL $
(*Actual footage to be used in final calculation of MAWC's Credit to Applicant.)
4.4 Construction of Fire Hvdrants. MAWC will install fire hydrants in accordance
with MAWC's current standazds and specifications at locations specified by appropriate fire
authorities or MAWC.
4.5 Restoration. Upon completion of work, MAWC sha11 remove all equipment
belonging to it or used under its direction or by its contractor or its subcontractors, and shall
dispose of all unused materials, rubbish, surplus excavated materials and debris. Except for
restoration performed by MAWC in connection with a Free Extension up to 100 feet, Applicant
shall repair all roads, sidewalks, pazkways and restore all else affected by the work in connection
6
with the Main Extension and such repairs and restoration work shall be made in accordance with
the requirements of MAWC and governmental agencies having proper jurisdiction.
All azeas affected by the Main Extension shall be repaired and restored to MAWC's
reasonable satisfaction prior to the acceptance of the Main Extension. If weather conditions
prohibit restoration of said affected azeas, MAWC may require a cash deposit equal to MAWC's
reasonable approximation of restoration costs. This cash deposit is refundable when the
restoration is completed by the Applicant to the reasonable satisfaction of MAWC. In the event
the restoration is not performed in a timely manner as determined by MAWC, MAWC shall use
the cash deposit to the extent necessary to restore the areas affected by the Main Extension
construction. Any remaining deposit amounts will be refixnded to Applicant, but any additional
amounts required will be billed to the Applicant.
Article 5
Easements and Title
5.1 Grant of Access to Ri�ht of Way. Applicant has adopted an ordinance permitting
the installation of the water mains, hydrants and appurtenant facilities in connection with the
Main Extension in the rights-of-way as set forth therein. A final, approved copy of such
ordinance is attached as Exhibit C.
5.2 Convevance of Title.
(a) The Main Extension shall be and remain the property of MAWC. To the
extent Applicant has any rights, title or interest in the Main Extension, all ApplicanYs
rights, title and interest in the Main Extension must be tendered to MAWC and its
successors and assigns prior to MAWC accepting the Main Extension for service.
Applicant agrees to execute and/or deliver promptly such documents as MAWC may
request to evidence good and merchantable title to said facilities free and clear of all
liens.
(b) No mechanics' lien or claim may be filed or maintained by anyone
including, but not limited to, any of the parties hereto, any contractor, subconfractor or
materialman performing labor or furnishing materials or services in any way relative to
any of the obligations of this Agreement, including one related to furnishing engineering
services for the main layout, surveying, or providing services related to preparation or
restoration of the site. To the extent applicable, Applicant shall submit to MAWC lien
waivers or any other relevant data requested by MAWC. If any lien waivers required to
be provided by Applicant for work done in connection with the Main Extension are not
available to MAWC, before MAWC's acceptance of the Main Extension, MAWC may
seek additional assurances such as a Letter of Credit or cash deposit in a form satisfactory
to MAWC.
(c) MAWC will accept the Main Extension for service when it is satisfied that
all preconditions under this Agreement have been met and MAWC has received all
monies owed.
7
Article 6
Miscellaneous
6.1 Waiver. The failure of either party hereto to enforce any of the provisions ofthis
Agreement or the waiver thereof in any instance shall not be construed as a general waiver or
relinquishment on its part of any such provision but the same shall, nevertheless, be and remain
in full force and effect.
6.2 Cooperation. Applicant and MAWC will cooperate fully with each other in all
matters relating to obtaining all approvals of all regulatory agencies required in order for MAWC
to provide water service for the Main Extension.
6.3 Assignment. Neither this Agreement nor any of the rights, duties or obligations of
the Ap.plicant hereunder may be transferred ar assigned (by operation of law or otherwise) by the
Applicant except with the prior written approval of MAWC. MAWC shall have the right to
assign all of its rights and obligations under this Agreement to any entity which succeeds to or
acquires substantially all of MAWC's operations or assets covered by this Agreement.
6.4 Recordine. MAWC may record this Agreement or a memorandum thereof in
accordance with the laws of the State of Missouri.
6.5 Force Majeure. Neither party to this Agreement shall be liable to the other for
failure, default or delay in performing any of its obligations hereunder, other than for payment of
money obligations specified herein, in case such failure, default or delay in performing any of its
obligations specified herein is caused by strikes or other labor problems, by forces of nature,
unavoidable accident, fire, acts of the public enemy, interference by civil authorities, passage of
laws, arders of the court, adoption of rules, ordinances, acts, failures to act, decisions or orders or
regulations of any government or military body or agency, office or commission, delays in receipt
of material, or any other cause, whether of similaz nature, not within the control of the party
affected and which, by the exercise of due diligence, such party is unable to prevent or overcome.
Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what
is reasonable and necessary so that each party may perform its obligations under this Agreement.
MAWC shall not in any event incur any liability to Applicant for consequential or other indirect
damages which may result from delays in initiating service or interruptions or other malfunctions
of service. MAWC shall have no obligation to accept the Main Extension if any action, law suit,
proceeding or cause of action is pending or threatened with respect to installation.
6.6 Notices. All notices, consents, requests, demands and other communications
hereunder aze to be in writing and are deemed to have been duly given, made or delivered:
(i) when delivered in person, (ii) three (3) days after deposited in the United States mail, first
class postage prepaid, (iii) in the case of telegraph or overnight courier services, one (1) business
day after delivery to the telegraph company or overnight courier service with payment provided,
or (iv) in the case of telex or telecopy or facsimile, when sent, verification received, in each case
addressed as follows:
8
if to MAWC:
Attn: Engineering
727 Craig Road
St. Louis, MO 63141
with a copy ta
Attn: General Counsel
727 Craig Road
St. Louis, MO 63141
if to Applicant:
City of Riverside, Missouri
Attn: Michael Duffy, Director of Community Development
2950 N.W. Vivion Road
Riverside, Missouri 64150
with a copy to:
Joe Bednaz
Spencer Fane Britt & Browne LLP
1000 Walnut Street, Suite 1400
Kansas City, Missouri 64106
or to such other address as any party hereto may designate by notice to the other parties in
accordance with the terms of this Article.
6.7 Entire Aereement. This Agreement sets forth the complete understanding
between Applicant and MAWC, and any amendments hereto to be effective must be in writing
and signed by both parties hereto. Nothing in this Agreement, express or implied, is intended, or
shall be construed, to confer upon or give to any person, firm or corporation (other than the
parties hereto and their permitted assigns) any rights or remedies under or by reason of this
Agreement, or any term, provision, condition, undertaking, warranty, representation, indemnity,
covenant or agreement contained herein.
6.8 Re¢ulatorv Jurisdiction and Approval. This Agreement is intended to be
consistent with applicable rules and regulations on file with the Missouri Public Service
Commission. This Agreement may be subject to such approval of the Missouri Public Service
Commission to the extent required by law.
9
6.9 Governing Law. This Agreement shall be governed by the laws of the State of
Missouri, without regard to conflict of laws rules.
6.10 Operating Pressure. The normal range of operating pressures related to the Main
Extension will be from 102 pounds per square inch (psi) to 141 psi, varying with ground
elevation and MAWC operating requirements. If necessary, appropriate pressure reducing valves
and pressure relief valves should be installed as part of the customer's plumbing to comply with
the requirements of the applicable plumbing code and water using appliances installed in the
premises.
If underground lawn sprinkler systems are to be installed as part of the customer's
plumbing, appropriate pressure reducing valves and backflow preventers should be installed to
comply with manufacturers' requirements, applicable plumbing codes, and State regulatory
requirements.
6.11 Project Reconciliation. Upon Applicant's submittal of all necessary items
specified in this Agreement, reconciliation of this job will be completed in a reasonable amount
of time based on MAWC's current workload.
6.12 Effective Date. This Agreement shall become effective when both parties sign the
Agreement and Applicant provides Company the payment specified in Article 23 (the "Effective
Date").
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the dates shown below.
�WC Applicant
MISSOURI-AMERICAN WATER COMPANY CITY OF RIVERSIDE, MISSOURI
g By: ��.�`.�t�/ OS •�
Name: Name: ,(�.4�fli/r,r� � � �cz�t�
Title: Title: �L1.FY��P
Federal I.D. Number:
Date: Date:
10
EXHIBIT A
Approved Plans Attached
11
EXHIBIT B
1. Contact Information
ApplicanY s Name: Citv of Riverside, Missouri
Address: 2950 N.W. Vivion Road
Riverside. Missouri 64150
Primary Contact: Michael Duffv Director of Communitv Development
Phone:(8161741-3993
E-mail: mduffy�n citvofriversidemo.com
2. Project Information
MAWC operating district where the Main Extension is proposed: Platte
County/Parkville
Name of Project: Horizons Business Pazk Develonment Proiect
Total Estimated Length of the Main Extension: ��Sp ft.
3. New Customer Connections: How many new customer metered water service
connections is Applicant guaranteeing to take water service within 120 days of acceptance of the
water main extension and, for each of these connections, is Applicant committing to purchase
water for a minimum of one (1) year ("New Customer(s)")?
Applicant sha11 provide a list of the addresses and lot nuxnbers of all New Customer(s) on
the form set forth below.
4. Customer Frontage Chazee: Is the Applicant designating this Main Extension will be
subject to the Customer Frontage Charge as described in Article 2.5? Yes No
If "yes," Applicant must specify any azeas which are to be excluded from the Customer
Frontage Charge (The Development which is to be served by this Main Extension is excluded
from the Customer Frontage Charge.):
5. Free Main Extension: Is the Main Extension intended to serve a recorded, residential
single lot development where Applicant prefers to choose the one hundred (100) foot free
extension as described in Article 2.2(c)? Yes No
List of Addresses for New Customers taking water service
Address Lot No. (if applicable)
EXHIBIT C
Adopted Ordinance Attached
BILL NO. 2012-038 (AMENDED) ORDINANCE NO. 1132
AN ORDINANCE AUTHORIZING THE INSTALLATION OF WATER MAINS AND
RELATED FACILITIES IN CONNECTION WITH THE I-IORIZONS BUSINESS PARK
DEVELOPMENT PROJECT
WHEREAS, Missouri-American Water Company ("MAWC") is currently authorized to
provide water within the City of Riverside, Missouri ("C�"), which is a part of MAWC's
Pazkville/Platte County District (the "District"); and
WHEREAS, Section 393.130.1, RSMo., requires MAWC to fumish and provide such
service instrumentalities and facilities as shall be safe and adequate and in all respects just and
reasonable; and
WHEREAS, it is MAWC's duty to serve all persons in accordance with its tariffs within
an azea in which it has been certificated; and
WHEREAS, the City entered into a Master Development Agreement with Riverside
Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Develouer") for the development of the
Horizons Business Pazk Development Project (the "Project") within the City and within the
designated Area of the local Ta�c Increment Financing Area and within the Area of the State Tax
Increment Financing Area; and
WHEREAS, the City and the Developer have entered into a Land Purchase Agreement
for the construction and operation of certain business facilities in connection with the Project (the
"Facilities"); and
WHEREAS, prepazation work and foundational construction of the Facilities has
commenced; and
WHEREA5, the Project will require an extension of MAWC water mains, hydrants and
appurtenant facilities, which is govemed by Rule 23 of MAWC's Rules and Regulations
Governing the Rendering of Water Service, on file with the Missouri Public Service Commission
as PSC MO No. 9(the "Tariff"); and
WHEREAS, the water mains, hydrants and appurtenant facilities that will serve the
Project must be installed before vertical construction of the Facilities can commence; and
WHEREAS, the water mains, hydrants and appurtenant facilities that will serve the
Project will be owned by MAWC pursuant to the Tariff; and
WI�REAS, under the Tariff, a11 main extensions must be installed in easements or
right-of-way as determined by MAWC, and any applicant for a main extension is responsible for
easement acquisition costs for the main eactension; and
WA 3561070.1
WHEREAS, the Project design will require that some of the water mains, hydrants and
appurtenant facilifies that will serve the Project be installed in rights-of-way as described in
Esttibit A and Exhibit B, and the City agrees there will be no charge for any permit fees for the
installation of such water mains, hydrants and appurtenant facilities being located therein; and
WHEREA5, funding for the installation of such mains, hydrants and appurtenant
facilities in connection with the Project in the right-of-way described in E�chibit A will be
pursuant to an agreement to be entered into between the City and MAWC pursuant to and
consistent with the Tariff, and funding for the installation of such mains, hydrants and
appurtenant facIlities in connection with the Project in the right-of-way described in Exhibit B
will be pursuant to the Master Development Ageement dated as of May 10, 2011, and the
Escrow Agreement dated as of June 16, 2011, between the City and the Developer; and
WHEREAS, MAWC will agree to allow the installation of such mains, hydrants and
appurtenant facilities in connection with the Project to be in right-of-way instead of easement so
long as the City agrees to reimburse MAWC for the necessary costs actually incurred by MAWC
associated with future relocation of the water main, hydrants and appurtenant facilities installed
in connection with the Project in the rights-of-way as described in Exhibit A and Extubit B, and
the City agrees to such reimbursement only where relocafion of the aforementioned facilities is
deemed by MAWC to be necessary as a result of a project or improvements requested in writing
by an authorized officer of the City; and
WHEREA5, MAWC will agree to allow the installation of such mains, hydrants and
appurtenant facilities in connection with the Project to be in right-of-way instead of easement so
long as the City agrees, in the event the water main, hydrants and appurtenant facilities being
relocated cannot be relocated in right-of-way, that the City will be responsible for obtanung the
necessary easements, which must be acceptable to MAWC; and
WHEREAS, MAWC will agree to allow the installation of such mains, hydrants and
appurtenant facilities in connection with the Project to be in right-of-way instead of easement so
long as the City agrees to be responsible to pay for the necessary costs, including condemnation
costs, associated with the acquisition of such easements where relocation of the aforementioned
facilities is being done as a result of a project or improvements requested by the City; and
WHEREAS, the CiTy has no other satisfactory options available to it at this time as time
is of the essence to begin installation of the water mains, hydrants and appurtenant facilities to be
installed in connection with the Project as fiuther delay will result in injury to the health safety
and welfare of the citizens and businesses of the City.
WHEREAS, the City passed Ordinance 1125 authorizing the instailation of water mains
and related facilifies in connec$on with the Horizons Business Pazk Development Project; and
WHEREA5, E�ibit A and E�ibit B to Ordinance 1125 have subsequently been
modified; and
WHEREAS, the City wishes to repeal Ordinance 1125 and enact this Ordinance 1132 in
lieu thereof authorizing the installation of water mains and related facilities in connection with
the Horizons Business Pazk Development Project.
2 WA 3561070. t
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. Ordinance 1125 is hereby repealed and this Ordinance 1132 is enacted in
lieu thereof;
Secfion 2. The City hereby permits the installation of the water mains, hydrants and
appurtenant facilities in connection with the Project in the rights-of-way as described in Exhibit
A and Exlubit B, and agrees there will be no chazge for any permit fees for the installation of
such water mains, hydrants and appurtenant facilities being located therein.
Section 3. The City hereby authorizes the Mayor of the City to execute and deliver,
an agreement between the City and MAWC related to the installation of water mains, hydrants
and appurtenant facilities in the right-of-way of described in Exhibit A and Exhibit B as part of
the Project, containing such terms as aze fair and reasonable to the City and consistent with the
terms of the Tariff, this Ordinance and Missouri law.
Section 4. The City agrees to reimburse MAWC for the necessary costs actually
incurred by MAWC associated with future relocation of the water main, hydrants and
appurtenant facilities installed in connection with the Project in the rights-of-way as described in
Exhibit A and Exhibit B only where relocation of the aforementioned facilities is deemed by
MAWC to be necessazy as a result of a project or improvements requested in writing by an
authorized officer of the City. The City's obligation to pay for relocation does not apply to
projects or improvements requested by third parties, even if those projects aze approved by the
City.
Section 5. In the event the water main, hydrants and appurtenant facilities being
relocated cannot be relocated in right-of-way, the CiTy will be responsible for obtaining the
necessary easements, which must be acceptable to MAWC. Also, the City will be responsible to
pay for the necessary costs, including condemnation costs, associated with the acquisition of
such easements only where relocation of the aforementioned facilities is being done as a result of
a project or improvements requested by the City.
Section 6. In the event the portion of the rights-of-way of described in Exhibit A and
Exhibit B in which the water main, hydrants and appurtenant facilities installed in connection
with the Project aze located is ever vacated or abandoned by the City, the City will be solely
obligated to incur the necessazy costs, including condemnation costs, associated with obtaining
the necessazy easements, which must be acceptable to MAWC, and the City shall use
commercially reasonable efforts to obtain such easements before said portion of such rights-of-
way is vacated or abandoned.
Section 7. This Ordinance 1132 shall be in full force and effect from and after its
passage and approval.
3 WA 3561070.1
PASSED AND APPROVED THIS� DAY OF �, 2012.
, �� �J
;; ; t� ,.
=.� ` ;• Ma or Pro Tem Ron S>r
_ Q
' ; < ;' a s '. �.. ��. .
.` , i. '. �Q •
�AT'3'ES�r�..i��o OD�_
City Clerk ; .
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4 WA 3561070.1
EXI�IT A
See aitached.
5 WA 3561070. t
Exhibit "A" - 1 a
� � ,�
E R Line, /�
EriaGn9 f0' Wafer Eammar�t Horhonz P rkway l �f 1
(Book 728, Page 509) (BOOk 1111, Po�654) /R+9e+slde Hol�iZOlt9
and w. une Got 2 �:s'est F3ist Plat
� RlversiCe Horiz � Plaf � �
20'
W «,�, 5W ,,,. i _ _ _ _ �
See.S. 750N. R33W �--------_____
I 42nd SG
LOT 4
ARGO INNOVqTTON
pARy � I
I
5. L7ne oI 42nd St
I �i N. Ltne o/ Lot 2
N0028'55"E 724.61' �
58 35'34'E � Lot 2
N8935'50'W 108,65' � Nive+side Xoriaons
5.00' I I EesE First Plat
5893 50'E �
— � Point of 30f.Oq' �I
g'na'`� ___ _LL i -- N-u�>of+,stst
— � 1 I � 3 L(ne o/ Lot 1
� Polnt B L
� N _
\ � S00'03'09'W 4lst SG
� 75.�9' °+
30'
LOT B � 4 �
ARCO INNOYATTON
PARK � °� h Lot 19
� I .� Rlverstde Harizons
N0028'55'E 630.00' � � East FSist Plat
�
N8832'f0'W 15.00' I
I
� N0078'S5'E
iS.00' I
S. Llne, SW, i/4, Sec. 5, TSON, R33W
N. Line, NV✓. I/4, Fraa Sec. B, TSON, p33W
Poiat of Commencin � Poiat o Begiaaing
NW. Cor.. NV✓. f/M1, Pohf A �
Fina Saa & 750N. R33W �
FounE J/4'Bw M � Sgg�51'f0"� 10.00'
Monument Boz I
From Tea I W. �me o/ Lo�t /4
(OOC j600-61555) I� onE E R/W !
� Hwlzona Parkway
Unplatted I
20' I
C � Lat 14
i Riverside Horizoas
50079'43'W B75.00' I� I Eest FYrst Plet
I
I �
I
� �I I
� . � I N8778,48•E �ylar oriaJ
I�– N � I �.3J.70� _ _
pj n � O N45�d0
ti N � � � 2�20�
� w �= =! ---_�__— —_ _------
�� T--- -- ----�
m
i $ 58935'S0'E
' i 379:92'
§ Lot 17
3 I � Rlrers/de Horizons
� I 6est FYrst Plet
1" = 200'
� 7�IB�FGf
0' 100' 200' 400' 1.657 dcrea
SCALE IN FEET
PROJECTND: ZNt-t158 ry � r+oiwrima.n pWIBR
onnwNer. M�e UTILITYEASEMENT V,OLSSON. °, m�""m
MTE 531/1RREV.aB?&12 •atoci�Tes Fwtnaa9�.�iN �Z
EXHIBIT "A" — lb
File No. 2011-1158/2009-1632
Horizons East
June 1, 2012
Revised June 25, 2012
Revised June 27, 2012
EXH12
Utility Easement
A 20 foot wide Utility Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to ternunate at their respective
property lines, being all that part of the Northwest Quarter of Fractional Section 8, Township 50
North,. Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows:
COMMENCING at the Northwest corner of the Northwest Quarter of Fractional Section 8,
Township 50 North, Range 33 West; thence South 88 degrees 52 minutes 10 seconds East along
the North line of the Northwest Quarter of said Fractional Section 8 a distance of 10.00 feet to a
point hereby designated as Point "A", the POINT OF BEGINNING; thence South 0 degrees 19
minutes 43 seconds West a distance of 875.00 feet to a point; thence South 89 degrees 35
minutes 50 seconds East a distance of 379.92 feet to a point; thence North 45 degrees 00 minutes
00 seconds East a distance of 27.20 feet to a point; thence North 87 degrees 18 minutes 48
seconds East a distance of 135.70 feet to a point on the West right of way line of Horizons
Pazkway, the point of ternvnation of said centerline.
Also,
A 30 foot wide Urility Easement lying 15.00 feet on both sides of the following described
centerline and whose sidelines are lengthened or foreshortened to teiminate at their respective
property lines, being all that part of the Southwest Quarter of Section 5, all that part of the
Southeast Quarter of 5ection 6, all lying in Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, described as follows:
BEGINNING at aforementioned Point "A"; thence North 0 degrees 28 minutes 55 seconds East
a distance of 15.00 feet to a point; thence North 88 degrees 52 minutes 10 seconds West a
distance 15.00 feet to a point; thence North 0 degrees 28 minutes 55 seconds East a distance of
630.00 feet to a point hereby designated as Point "B", the point of teruunation of said centerline.
Also,
A 20 foot wide Utiliiy Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines aze lengthened or foreshortened to terminate at their respective
properry lines, being all that part of the 5outhwest Quarter of Section 5, and all that part of the
Southeast Quarter of Section 6, all lying in Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, described as follows:
BEGINNING at aforementioned Point "B"; thence South 89 degrees 35 uunutes 50 seconds East
a distance of 301.00 feet to a point; thence South 0 degrees 03 minutes 09 seconds West a
distance of 75.69 feet to a point; thence South 89 degrees 35 minutes 34 seconds East a distance
of 108.65 to a point on the East right of way line of Horizons Pazkway, the point of terniination
of said centerline.
Also,
BEGINNING at aforementioned Point "B"; thence North 89 degrees 35 minutes 50 seconds
West a distance of 5.00 feet to a point; thence North 0 degrees 28 minutes 55 seconds East a
distance of 724.61 feet to the point of termination of said centerline.
The above described easement tract contains an aggregate total of 72,163 Squaze Feet or 1.657
Acres, more or less.
Int 9
Argo lnaooetion PerX
Jnt 4
Argo Innooatlnn Per&
w u�e o� �oe a �a
E R/W of Alottox Rd.
S IJne o( Lot J
S LNe of Lot 4
E Une o( Lot 4 wtl
W. R/W o/ Van De Papullx
58973'59'E 96293' 2
N00'1559 E 3250' $ d /2 55628'SO'E f00.00' �
m JZ �"Ya �O'
N ____________________u8323'.ao'w a _—________—__ u
B274' —_—__—__—_+__—
a 'xy �,�� Point of Beqfnnfng
� -- 41st Street da,�2•gs.!'%so��� S89'35'49 E 0. �
L p X �
� � \ � �°?,) �
1 �
o N5678'49'W � X �
� 100.00' \X` d�')3' 'O0•
L�60.71' R=59209'
Argo lnnoveliaa ParX �5'49'00' 1'B=N8342'36'W \ ` _--- p
lat 6 L=789.96' R-424.81' � -
� Argo Innaoattoa Per& 6 253Y59'
u� S87'09'35'W 7.99 m
� 50078'S8'W 22.07' �
7"=100 . ��
0' S0' 1�0� � e .
SCALE IN FEET Az€B; 50,642 SF.
1.183 Ac., t
PR6IEGTNO: 2003189]H � �� �sewr FJMIBrt
��++aY � Utility Easement Exhibit V 10LSSON °-�°^^���� .
• Ta e��a�ano
DAIE: OStlB112REV.O8R8N2 ASSOCIATES F.UInL9ef.H1�
EXHIBIT "A" — 2b
File No. 2009-1632H
Riverside
May 8, 2012
Revised June 27, 2012
EXH14
Utility Easement
All that part of ARGO Innovation Pazk, a subdivision in the City of Riverside, Platte County,
Missouri, described as follows:
BEGINNING at the Southeast corner of Lot 4, ARGO Innovation Pazk; thence South 0 degrees
28 minutes 56 seconds West along the Southerly prolongation of the East line of said Lot 4 a
distance of 22.07 feet to a point; thence South 87 degrees 09 minutes 35 seconds West a distance
of 7.99 feet to a point; thence in a Northwesterly direction along a curve to the right, having a
radius of 424.61 feet, through a central angle of 25 degrees 37 minutes 59 seconds, an azc
distauce of 189.96 feet to a point; thence in a Northwesterly direction along a curve to the right
whose initial tangent bears North 63 degrees 42 minutes 36 Seconds West, having a radius of
592.09 feet, through a central angle of 5 degrees 49 minutes 00 seconds, an arc distance of 60.11
feet to a point; thence North 56 degrees 28 minutes 49 seconds West a distance of 100.00 feet to
a point; thence in a Northwesterly direction along a curve to the left, having a radius of 467.50
feet, through a central angle of 32 degrees 55 minutes 10 seconds, an azc distance of 268.60 feet
to a point; thence North 89 degrees 23 minutes 59 seconds VJest a distance of 962.74 feet to a
point on the Southerly prolongation of the West line of Lot 3 of said ARGO Innovation Pazk;
thence North 0 degrees 15 minutes 59 seconds East along said prolongation a distance of 32.50
feet to a point on the Westerly prolongation of the South line of said Lot 3; thence 5outh 89
degrees 23 minutes 59 seconds East along the South line of said Lots 3, 4 and said prolongation a
distance of 962.93 feet to a point; thence in a Southeasterly direction along the South line of said
Lot 4 and along a curve to the right, having a radius of 500.00 feet, through a central angle of 32
degrees 55 minutes 10 seconds, an arc distauce of 287.28 feet to a point; thence South 56 degrees
28 minutes 50 seconds East along the South line of said Lot 4 a distance of 100.00 feet to a
point; thence in a Southeasterly direction along the South line of said Lot 4 and along a curve to
the left, having a radius of 400.00 feet, through a central angle of 33 degrees 06 minutes 59
seconds, an azc distance of 231.20 feet to a point; thence South 89 degrees 35 minutes 49
seconds East along the South line of said Lot 4 a distance of 10.13 feet to the POINT OF
BEGINNING and containing 50,642 Square Feet or 1.163 Acres, more or less.
EXI�IIBIT B
See attached.
6 WA 3561070.1
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9
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xw.w��i.ea �� / Po..oie.Itar/rmr �
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>4086 S9R3 N81W56'W ]Sfi0' � m
� 103E Amea — — — — — — — — tt N6895'OS'W 820.5' //
�N&554'SYW —� � /
P29.88"� — � /
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Utility Easement Exhibit ���. "'� � , � �
.�.a� � ..a.�
wa.n� �,,.,,�o �...� �,.
r�. i�n�ewro OLSSON� ,,,,,�,,,,6,,p
EXIIIBIT "B" — lb
File No. 2011-1158/2009-1632
Horizons East
February 14, 2012
Revised June 25, 2012
EXH9
Utility Easement
A 20 foot wide Utility Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines aze lengthened or foreshortened to terminate at their respective
property lines, being all that part of Riverside Horizons East First Plat, a subdivision in the City
of Riverside, Platte County, Missouri, described as follows:
COMMENCING at the Northwest corner of Lot 2, Riverside Horizons East First Plat; thence
South 89 degrees 35 minutes 50 seconds East along the North line of said Lot 2 a distance of
10.00 feet to the POINT OF BEGINNING; thence North 0 degrees 24 minutes 10 seconds East a
distance of 98.00 feet to a point hereby designated as Point "A"; thence continuing North 0
degrees 24 minutes 10 seconds East a distance of 18.00 feet to a point on the South line of Lot l,
Riverside Horizons East First Plat, the point of termivation on said centerline.
Also,
BEGINNING at aforementioned Point "A"; thence South 89 degrees 35 minutes 34 seconds East
a distance of 116.13 feet to a point; thence South 85 degrees 50 minutes 52 seconds East a
distance of 275.59 feet to a point; thence South 89 degrees 35 minutes 34 seconds East a distance
of 504.85 feet to a point hereby designated as Point "B"; thence South 0 degrees 24 minutes 26
seconds West a distance of 237.75 feet to a point; thence in a Southwesterly direction along a
curve to the right, having a radius of 471.00 feet, through a central angle of 21 degrees 30
minutes 29 seconds, an arc distance of 176.81 feet to a point; thence South 21 degrees 54
minutes 55 seconds West a distance of 272.14 feet to a point hereby designated as Point "C";
thence South 68 degrees OS minutes OS seconds East a distance of 851.45 feet to the point of
teimination of said centerline.
Also,
BEGINNING at aforementioned Point "B"; thence North 22 degrees 00 minutes 10 seconds East
a distance of 241.88 feet to the point of termination of said centerline.
Also,
BEGINNING at aforementioned Point "C"; thence North 68 degrees OS minutes OS seconds
West a distance of 92.05 feet fo a point; thence in a Northwesterly direction along a curve to the
left, having a radius of 386.00 feet, through a central angle of 21 degrees 30 minutes 29 seconds,
an azc distance of 144.90 feet to a point; thence North 89 degrees 35 minutes 34 seconds West a
distance of 163.12 feet to a point; thence North 85 degrees 54 minutes 52 seconds West a
distance of 229.99 feet to a point; thence North 87 degrees 03 minutes 56 seconds West a
distance of 73.60 feet to a point; thence North 89 degrees 35 minutes 34 seconds West a distance
of 70.04 feet to a point; thence North 0 degrees 24 minutes 10 seconds East a distance of 18.00
feet to a point on the South line of said Lot 2, the point of ternunation of said centerline.
The above described easement iracts contain an aggregate total of 71,085 Squaze Feet or 1.632
Acres, more or less.
E�ibit'B" - 2a
� 3 LMe. SW 1/4, Seq 5, T50$ R
� NB85TYOW 2620.33' �
N. Lin0. NW. 1/4, Frac Sec & T50N. R
Lot ll
Rfretsfde Hor/aoas
Tract D Eeyt First Plat
Riverside Norizons
Lot Iq East Fvst Plat �
lbverside Rorizons —
h'est l�}ist Plet
`
Point ot Beginaing ���.
<
E. Une o/ Lot /4
N00'24'f0'E f7.J6'
Point oP Co�enciny
SE Cor. ot Lat 14
�verside HOIl80It9 50024'f0'W 50.68'
Eest First Pfet
N8B'IS'23'E ios.os' Le45.39 R��20.00�
c�21'4020 11B=557'i6'O6'E
7§ylor Memorie! L=70.34' R=78.00'
e p/wu�e, Blwi d=5140Y8" ITB=S0024'f0'W
S. Horzone ParkvroY N8924'27'W L=45.20 1 La18&49' R=f80.00'
N8778'34'W d=5989'S3' 17H-52935'46'E
87.00' 198.49' R=120.00' �
d�2734'45'
� �, J_ ___ ITB�N30�4'07'E � Zo.po, pf��ide Norizons
� East First Plat
Yw _—(---- �
9A "' � /
N7038'04'W 2567' L� S+`i'u8�52'W 78.35'
N57173'38'W 29.08' � L�30.79' R-5f.00'
N22'4757'W 4278' d�3354'47' ITB=S5138'52'W
Ni146'Of'E 38.60' �� L=22.50' R=29d00'
d�479'33' 1'B�SiB'04'05'W
N65�1'58'W 95.27' �a
/ Lmi59.74' R�29d00'
d=3042'44' ITB=N2223'37'E
Lot 17 /
Riverside Horiaons �
Eest .�}}st P/at � L=98.58' R=278.00'
'� d=2027$2' ITB=553'0827' 9}.ect 6
' Rirersida Noriaons
Eest Flrst Plet
4 --i so.0o'
y �i
�V
N
E R/N/ Llne, �'
Von Oe Populfere RooE � ��
(Boak flfl. Page 854) � ��
l
V
CA.
�� � � \ ��
42,850 SqFt.f � 3 Line o/ Lot /5
0.884 Acres I �\ N. R/N/ o/ Eosf Canal St
I
7' = 150' Bast Canel SL
�
0' 75' 150' 300'
SCALE IN FEET
PROJECTNO: P➢11-itSB M no�wriaeww W11&f
onnwr,er. x+�e UtilityEasementExhibit t/�OLSSON.�„���""� ��
DATE 0.V1N12REV.Ofl2i/1] ��soci�l[s punvn.�in
EXHIBIT "B" — 2b
File No. 2011-1158/2009-1632
Horizons East
May 8, 2012
Revised June 25, 2012
Revised June 27, 2012
EXH10
Utility Easement
A 20 foot wide Utility Easement lying 10.00 feet on both sides of the following described
centerline and whose sidelines aze lengthened or foreshortened to terminate at their respective
properiy lines, being all that part of Riverside Horizons East First Plat, a subdivision in the City
of Riverside, Platte County, Missouri, described as follows:
COMI�IENCING at the Southeast comer of Lot 14, Riverside Horizons East First Plat; thence
North 0 degrees 24 xninutes 10 seconds East along the East line of said Lot 14 a distauce of 1736
feet to a point; thence North 88 degrees 13 minutes 23 seconds East a distance of 106.08 feet to
the POINT OF BEGINNING; thence South 0 degrees 24 minutes 10 seconds West a distance of
50.68 feet to a point; thence in a Southeasterly direction along a curve to the left, having a radius
of 78.00 feet, tUrough a central angle of 51 degrees 40 minutes 16 seconds, an azc distance of
7034 feet to a point of reverse curvature; thence along a curve to the right, having a radius of
120.00 feet, through a central angle of 21 degrees 40 minutes 20 seconds, an azc distance of
4539 feet to a point of compound curvature; thence along a curve to the right, having a radius of
180.00 feet, through a central angle of 59 degrees 59 minutes 53 seconds, an azc distance of
188.49 feet to a point of compound curvature; thence along a curve to the right, having a radius
of 120.00 feet, through a central angle of 21 degrees 34 minutes 45 seconds, an azc distance of
45.20 feet to a point; thence South 51 degrees 58 minutes 52 seconds West a distance of 78.35
feet to a point; thence in a Southwesterly direction along a curve to the left, having a radius of
51.00 feet, through a central angle of 33 degrees 54 xninutes 47 seconds, an azc distance of 30.19
feet to a point of reverse curvature; thence along a cutve to the right, hauing a radius of 298.00
feet, through a central angle of 4 degrees 19 minutes 33 seconds, an azc distance of 22.50 feet to
a point hereby designated as Point "A' ; thence continuing along a curve to the right, having a
radius of 298.00 feet, through a central angle of 30 degrees 42 minutes 44 seconds, an arc
distance of 159.74 feet to a point of reverse curvature; thence along a curve to the left, having a
radius of 276.00 feet, through a central angle of 20 degrees 27 xninutes 52 seconds, an azc
distance of 98.58 feet to a point of compound curvature; thence along a curve to the left, ha�ing a
radius of 450.00 feet, through a central angle of 95 degrees 57 xninutes 15 seconds, an arc
distauce of 753.62 feet to the point of termination of said centerline.
Also,
BEGINNING at aforementioned Point "A"; thence North 65 degrees Ol minutes 58 seconds
West a distance of 95.27 feet to a point; thence North 11 degrees 46 minutes Ol seconds East a
distance of 36.60 feet to a point; thence North 22 degrees 47 minutes 57 seconds West a distance
of 42.79 feet to a point; thence North 57 degrees 03 minutes 36 seconds West a distance of 29.06
feet to a point; thence North 70 degrees 38 minutes 04 seconds West a distance of 25.67 feet to a
point; thence North 89 degrees 24 minutes 27 seconds West a distance of 198.49 feet to a point;
thence North 80 degrees 28 minutes 47 seconds West a distance of 94.63 feet to a point; thence
North 87 degrees 18 minutes 34 seconds West a distance of 87.00 feet to a point on the East right
of way line of Horizons Pazkway, the point of termination of said centerline.
The above described easement tracts contain an aggregate total of 42,850 Square Feet or 0.984
Acres, more or less.