HomeMy WebLinkAbout1169 TCE Agrmt TW Telecom BILL NO. 2012-077 ORDINANCE NO. //� 9
AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE MISSOURI TO ENTER
INTO A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH TW
TELECOM OF KANSAS CITY, LLC FOR THE INSTALLATION OF CERTAIN FIBER
TELECOMMUNICATION LINES
WHEREAS, the City of Riverside, Missouri ("City") entered into a Master Development
Agreement with Riverside Horizons LLC flca Briarcliff Horizons LLC, (the "Developer") for the
development of the Horizons Business Park Development Project (the "ProjecY') 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
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, preparation work and foundational construction of the Facilities has
commenced; and
WHEREAS, TW Telecom of Kansas City, LLC, a Delawaze limited liability company,
registered in the State of Missouri ("TW") is currently authorized to provide certain
telecommunication services within the boundaries of the City of Riverside, Missouri; and
WHEREAS, TW needs to install certain fiber telecommunications lines under City's
Property ("Telecommunication ProjecY') to serve the Faciliries; and
WHEREAS, the City owns Z parcel(s) of real property located within the City,
more particularly described on Temporary Construction Easement Agreement Exhibit A(and
Exhibit B attached hereto and incorporated herein by reference ("City's Property"); and
WHEREAS, in order to complete the Telecommunications Project, it is necessary for the
TW to obtain a temporary construction easement in, upon, through, over, under and across a
portion of City's Property ("Temporary Easement Area"); and
WHEREAS, upon completion of the Telecommunications Project it is anticipated that
the City will execute a permanent easement agreement ("Permanent Easement AgreemenY')
allowing TW access rights to repair, maintain and replace the Telecommunication Project and to
further define the Permanent Easement AgreemenYs area; and
WHEREAS, the City and TW (the "parties") desire to execute an Agreement to record
and memorialize the Agreement between the parties related to the Telecommunication Project.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1. BEST INTEREST OF THE CITY. It is in the best interest of the City
in order to further the objectives of industrial and economic development of the City as
WA 3894524.2
contemplated by the MDA to approve, grant, establish and record a temporary construction
easement ("Temporary Easement Area") to TW Telecom of Kansas City, LLC, a Delawaze
limited liability company, registered in the State of Missouri ("TW"), in, upon, through, over,
under and across a portion of City's Property more particularly described in Exhibit A and
Exhibit B of the Temporary Construction Easement Agreement attached hereto and incorporated
herein by reference ("City's Property").
SECTION 2. APPROVAL AND GRANT OF EASEMENT. The City, does hereby
grant and convey to TW a temporazy non-exclusive construction easement (the "Temporary
Construction EasemenY') in, upon, through, over, under and across the Temporary Easement
Area legally described on Exhibit A and Exhibit B of the Temporary Construction Easement
Agreement ("Agreement"), subject to the Agreement attached as Exhibit A to this Ordinance and
incorporated herein by reference.
SECTION 3. AUTHORITY GRANTED. The Mayor is hereby authorized to execute
an Agreement in substantially the same form as set forth in Exhibit A, attached hereto and
incorporated herein, and the officers, agents and employees of the City, including the Mayor, the
City Administrator, the City Attorney, and Finance Director and other appropriate City officials
are hereby authorized and to take any and all actions as may be deemed necessary or convenient
to carry out the terms and conditions of such Agreement and comply with this Ordinance.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect
upon and afrer its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, passed and
approved by a majority of the Board of Ald en and APPROVED by the Mayor of the City of
Riverside, Missouri this -�/ � day of �, 2012.
PASSED AND APPROVED, this 7�' day of ►�i�L . , 2012.
�����/�
Mayor Kathleen L. Rose
ATTES`T „ ' '
<� . :� s���iLo� ;
Cler�'
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� ° � • • � Approved as to Form
./"Z -.
pe ' Legal Counsel
2 WA 3894524.2
Recorded in Platte CouMy, Missouri
Recording DatelTime:03/21/2013 at 09:34:59 AM
Instr Number: 2013004448 �'� �
Book: 1208 Page: 779 ; `�u�:' ''''
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Fee: 588.00 N �.�°ouNri.`��Sh'�,
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E/ectronically Recorded �LOR/A 90YER
RecorderofDeeds
PLATTE COUNTY NIISSOURI CERTIFICATION
RECORDER OF DEEDS
The Recorder of Deeds has added this page to your document per
compliance with State law and you have been charged the fee of $25.00 for a
non-standard document.
RSMo 59.310.3 (effective January 1, 2002)
NON-STANDARD DOCUMENT
This Page Is Part Of The Document — Do Not Detach
Exhibit A
(See Attached Temporary Construction Easement Agreement)
3 WA 38945242
Space Above Line Reserved For Recorder's Use
Recording Cover Sheet for Missouri
Name of Document: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Grantor(s): The City of Riverside, Missouri
Grantee(s): TW Telecom of Kansas City, LLC
Date of Document: December ��2012
Statutory Address(es), if any: Grantee's mailing address: 10975 Grandview, Suite 300,
Overland Pazk, Kansas 66210
Statutory Recording Reference,if any:
Description: Legal descriptions Exhibits A& B
After recording return to:
Chad W. Lamer
Spencer Fane Britt & Browne, LLP
1000 Walnut Street, Suite 1400
Kansas City, Missouri 64106
4 WA 38945242
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION .� EASEMENT AGREEMENT
("AgreemenY') is made and entered into as of December �, 2012, by and between the City of
Riverside, Missouri ("Grantor"), whose mailing address is 2950 N.W. Vivion Road, Riverside,
Missouri 64150 and TW Telecom of Kansas City, LLC, a Delaware limited liability company
registered in the State of Missouri ("Grantee") whose mailing address is 10975 Grandview,
Suite 300, Overland Park, Kansas 66210.
WITNESSETH
WHEREAS, Grantor owns two parcels of real property located within the City of
Riverside, Missouri, more particularly described on Exhibit A and Exhibit B attached hereto
and incorporated herein by reference ("Grantor's Property"); and
WHEREAS, Grantee intends to install certain fiber telecommunications lines under
Grantor's Property ("Telecommunication Project"); and
WHEREAS, in order to complete the Telecommunications Project, it is necessary for
Grantee to obtain a temporary construction easement in, upon, through, over, under and across a
portion of Grantor's Property ("Temporary Easement Area"); and
WHEREAS, upon completion of the Telecommunications Project it is anticipated that
Grantor will execute a permanent easement agreement ("Permanent Easement AgreemenY')
allowing Grantee access rights to repair, maintain and replace the Telecommunication Project
and to further define the Permanent Easement Agreement's area; and
WHEREAS, this Agreement is being executed, delivered, and recorded to memorialize
the agreement between the parties related to the Telecommunication Project.
NOW, THEREFORE, for and in consideration of the payment of One Dollar ($1.00),
the mutual covenants contained herein, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:
1. Grant of Temporarv Construction Easement. Grantor, for itself and Grantor's
successors and assigns, does hereby GRANT AND CONVEY unto Grantee, its successors and
assigns, a temporary non-exclusive construction easement (the "Temporary Construction
Easement") in, upon, through, over, under and across the Temporary Easement Area legally
described on Exhibits A and Exhibits B, TO HAVE AND TO HOLD said Temporary
Construction Easement, together with all rights and appurtenances belonging thereto, subject to
the following terms, conditions and covenants:
(a) Purpose of Temporarv Construction Easement. The Temporazy
Construction Easement granted hereby is for the exclusive purpose of Grantee's
Telecommunication Project and related activities. VJithout limiting the foregoing, it is expressly
agreed that Grantee, its agents, representatives, employees, contractors and subcontractors, shall
have the right to enter onto and occupy the Temporary Easement Area subject to the terms hereof
5 WA 38945242
in connection with the inspection, evaluation, and installation of fiber telecommunications lines;
provided, however, that Grantee shall use the Temporary Easement Area only as necessary to
accomplish the Telecommunication Project, Grantee shall coordinate its use of the Temporary
Easement Area with Grantor, and use of the Temporary Easement Area by Grantee and
Grantee's agents, representatives, employees, contractors and subcontractors shall not
unreasonably interfere with or obstruct Grantor's normal use of Grantor's Property; and
provided, further, that during Grantee's use of the Temporary Easement Area, Grantee shall
maintain access to and availability of access to the Temporazy Easement Area for Grantor.
(b) Term. The Temporary Construction Easement and all rights and
privileges of Grantee contained herein shall terminate upon the earliest to occur of (i) written
notice of termination from Grantee delivered to Grantor; (ii) the completion of
Telecommunications Project, or (iii) December 1, 2013. Expiration of this Temporary
Construction Easement shall be deemed to automatically occur upon the earliest occurrence of
any such event, without the necessity of any further action of either party hereto.
Notwithstanding the foregoing, Grantee shall execute and deliver a release in recordable form for
the purpose of giving public record notice of the release of the Temporary Construction Easement
if so requested by Grantor after the expiration of the Term hereunder.
(c) Restrictions oF Grantor. Grantor covenants and agrees that Grantor and
Grantor's agents, representatives, employees, tenants, licensees and legal representatives shall
not unreasonably interfere with or obstruct Grantee's use of the Temporary Construction
Easement as contemplated hereunder, or unreasonably interfere with the Telecommunications
Project. Grantor also covenants and agrees that it shall use commercially reasonable efforts to
ensure that its invitees do not unreasonably interfere with or obstruct Grantee's use of the
Temparazy Construction Easement or unreasonably interfere with the Telecommunications
Project.
(d) Restoration of Premises. After completion of the Telecommunications
Project, Grantee, at its sole cost and expense, shall remove, or cause to be removed, all equipment
and other property placed on the Temporary Easement Area by or for Grantee except for those
items constituting the Telecommunications Project, and otherwise restore the Temporary
Easement Area and any adjoining property of Grantor damaged in connection with Grantee's use
of the Temporary Easement Area, any ingress or egress thereto or therefrom, as soon as
reasonably possible, to substantially the same condition as existed prior to such work. Grantee
and Grantor agree that after completion of the Telecommunications Project, Grantee shall provide
Grantor with a legal description, at Grantee's sole cost and expense, detailing the location of the
telecommunications lines installed by Grantee as part of the Telecommunications Project and
Grantor shall at that time establish a Permanent Easement Agreement for the care, operation,
maintenance, and replacement of the Telecommunications Project to Grantee.
(e) Indemnification. To the fullest extent permitted by law, Grantee agrees
to indemnify and hold harmless Grantor, its successors and assigns, from and against any and all
liability, damage, expense and claims azising from the injury or death of any person, or from the
loss of or damage to any property, incurred by Grantor, its successors and assigns, as a result of
Grantee's use of the Temporary Easement Area and installation of the Telecommunications
Project.
6 wa 3s9asza.z
(� Insurance. During the time that Grantee has the right to use the
Temporary Easement Area, Grantee, at its sole cost and expense, shall obtain and keep in force
insurance in not less than the amounts stated below and insuring against liability arising out of
Grantee's occupancy and use of the Temporary Easement Area in connection with the
Telecommunications Project. Grantor shall be an additional insured under such coverage with
respect to bodily injury and property damage liability. Such liability coverage shall be on a
primary and non-contributory basis with respect to any insurance carried by Grantor.
i. COMMERCIAL GENERAL LIABILITY: Not less than $2,700,000 per
occurrence including the following:
• Blanket contractual liability
• Products/completed operations
• Personal/advertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
ii. OWNERS PROTECTIVE LIABILITY. Grantee shall purchase,
maintain and deliver to the Grantor for operations of the Grantee of any
subcontractor in connection with Telecommunication's Project Owner's
Protective Liability insurance in the same minimum amounts as required
for Commercial General Liability Insurance above.
iii. AUTOMOBILE LIABILITY. Grantee shall provide coverage for the
Grantor, its employees and officers, against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned, hired,
and/or non-owned vehicle and shall include protection for any auto, or all
owned autos, hired autos, and non-owned autos. The coverage shall have
not less than a combined single limit of $2,700,000.00 for each accident.
iv. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY.
This insurance shall protect Grantee against all claims under applicable
state workers' compensation laws. Grantee also shall be protected through
employer's liability coverage against claims for injury, disease, or death of
employees which, for any reason, may not fall within the provisions of a
workers' compensation law. The limits shall not be less than the
following:
Workers' Compensation Statutory
Employer's Liability:
• Bodily injury by accident $1,000,000.00
• Bodily injury by disease $500,000.00 each employee
2. Representations of Grantor. Grantor represents and warrants to Grantee that
Grantor is the owner of fee simple title to the Temporary Easement Area, that Grantor has the
full right, title, capacity and authority to grant the Temporary Construction Easement granted
7 WA 3894524.2
herein, and that the consent of any other person or entity is not necessary for the execution and
delivery of this Agreement.
3. BindinQ Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
4. Enforcement. Grantor and Grantee each shall have the right to sue for and obtain
an injunction, prohibitive or mandatory, to prevent the breach, or enforce the observance of, the
restrictions, obligations, covenants and rights contained in this Agreement, in addition to all
other remedies available to Grantor or Grantee at law or in equity. If any litigation is
commenced to enforce the rights of either party under this Agreement, the non-prevailing party
shall reimburse the prevailing party for its court costs and reasonable attorneys' fees and
expenses.
5. Severabilitv. If any one or more of the provisions contained in this Agreement
shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions hereto, and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had not been contained
herein; provided, however, that if permitted by applicable law, any invalid, illegal or
unenforceable provision may be considered in determining the intent of the parties with respect
to the provisions of this Agreement.
6. Additional Provisions. This Agreement may be modified or amended only in a
writing signed by both of the parties hereto, or their respective successors or assigns, as the case
may be. The failure by a party to enforce any provision of this Agreement against the other party
shall not be deemed to be a waiver of the right to do so thereafrer. The paragraph captions are
inserted for convenience of reference and are in no way to be construed as a part of this
Agreement or as a limitation on the scope of the paragraphs to which they refer. All prior
negotiations and agreements between the parties hereto aze superseded by this Agreement, and
there aze no representations, warranties, understandings or agreements other than those expressly
set forth herein.
7. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
agreement.
8. Construction The words "Grantor" and "Grantee" shall include lessees, heirs,
executors, administrators, successors and assigns where the context so requires or permits. The
temporary easement granted hereby shall be far the benefit of Grantee, its successors and
assigns. It is hereby agreed and stipulated that the Grantor's Property shall be held, transferred,
improved, sold, conveyed, used and occupied subject to the covenants and agreements contained
herein which shall be (i) covenants running with and binding upon the Grantor's Property; and
(ii) binding upon and enforceable against the parties hereto and their respective legal
representatives, successors, assigns and all subsequent owners of the Grantor's Property, or any
portion thereof, whether by purchase, sale, descent, devise, gift, trade or otherwise, and each and
all individuals and entities, by the acceptance of title to the Grantor's Property, or any portion
thereof, shall abide by and perform the covenants and agreements contained herein.
g W A 3894524.2
SIGNATURE PAGE FOR
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the day and year first above written.
Grantor:
THE CITY OF RIVERSIDE, MISSOURI
By: �Cl�ee�r J�a.�
PrintedName: {GI/c�°7v G-��5� __
Title: ��( f./�
STATE OF MISSOURI )
) ss.
COUNTY OF � )
On this y� day of December, 2012, before me personally appeazed
�a�fh��en �. �Cese , the ma, of the City of Riverside, Missouri,
and to me personally known, who, being by me duly sworn, did say that he/she has the authority
to execute the Temporary Construction Easement referenced above, and that the foregoing
instrument was executed on behalf of the City of Riverside, Missouri.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
�—�
�� a����
(SEAL) Notary Public
My Commission Expires:��� g ���
i
R081N L. LITTRELL
Nolary Public-Notary Seal
Shte ol Missouri, Ray County
Commission �Y 11390631
My Commission Ezpires Mar 8. 2015
9 W A 3894524 2
CONTINUATION OF SIGNATURE PAGE FOR
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Grantee:
TW TELECOM OF KANSAS CITY, LLC
B �� �(,�CGt2J
Print�Name: A�� ('ACr�.,��
Title: bu�-s�,�E 'P1., �'� G�,�.
STATE OF MISSOURI )
) ss.
COUNTY OF ��A�N�Q � )
`� On this � � day of �, 201z before me personally appeared
1�,U,� (' , to me personally known, who, being by me duly
sworn, did say that he/she is the('�uis;r�2,'Qlcw�-�r�, of TW Telecom of Kansas City,
LLC, and that the foregoing instrument was signed on behalf of said company, and further
acknowledged said instrument to be the free act and deed of said company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
�I
(SEAL) otary Publi
My Commission Expires: HOLLY PHILLIPS
, M _ � � �� a,� � � � Notary Public - Notery $eel
.� • .�.�� „��. �
STATE OF MISSOURI
Clay CouMy
COmmission Number 12378898
My commission expires March 25, 2018
1 O WA 38945242
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT EXHIBIT A
LeQal Description of Tract I
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 50, RANGE 33, IN THE CITY OF RIVERSIDE, PLATTE COUNTY,
MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 5; THENCE NORTH 00 DEGREE 29 MINUTES 46 SECONDS EAST (NORTH-
SOUTH BY DEED), ALONG THE EAST LINE OF SAID QUARTER SECTION, A
DISTANCE OF 164.51 FEET BY SURVEY MEASUREMENT (179.9 FEET BY DEED), TO
THE SOUTH LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD
RIGHT-OF-WAY LINE, AS NOW ESTABLISHED; THENCE NORTH 69 DEGREES O1
MINUTES 35 SECONDS WEST (NORTH 69 DEGREES 34 MINUTES WEST BY DEED),
ALONG SAID RAILROAD RIGHT-OF-WAY, A DISTANCE OF 478.21 FEET BY SURVEY
MEASUREMENT (666.8 FEET BY DEED), TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF INTERSTATE 635, AS NOW ESTABLISHED; THENCE IN A SOUTHERLY
DIRECTION, ALONG THE EAST RIGHT-OF-WAY LINE, ON A NON-TANGENT CURVE
TO THE LEFT, HAVING A RADIUS OF 5516.58 FEET, A CHORD BEARING OF SOUTH
15 DEGREES 58 MINUTES 12 SECONDS WEST, A CHORD DISTANCE OF 337.42 FEET,
FOR AN ARC LENGTH OF 337.47 FEET, TO A POINT ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 5, THENCE SOUTH 88 DEGREES 47
MINUTES 56 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 538.05
FEET, TO THE POINT OF BEGINNING. CONTAINING 2.87 ACRES OR 12,205 SQUARE
FEET MORE OR LESS.
1 1 WA 38945241
EXHIBIT B
Leaal Descrintion of Tract II
[To be inserted]
�,� WA 3894524.2
File No.: OE98996
EXHIBIT g
Legal Description
All that part of the following described tract lying within the Southwest Quarter of Section 4,
Township 50, Range 33 in Riverside, Platte County, Missouri:
A tract of land in the Southwest Quarter of Section 4, Township 50, Range 33, and the
Northwest Quarter of Section 9, Township 50, Range 33, Platte County, Missouri, described as
follows: Beginning at a railroad rail at the Northwest Corner of said Section 9; thence South
along the West line of said Section 9, 1591.23 feet; deed (measures 1592.11 feet) to a gas pipe;
thence East 1303.5 feet, deed (measures 1303.17 feet) to a point in the East line of the West
half of the West half of Fractional Section 9, Township 50, Range 33, thence North along said
East line 1248.0 feet to a point in the Southerly right of way line of Chicago, Burlington &
Quincy Railroad as now located; thence Northwesterly along the Southerly line of said
Railroad, 1391.0 feet, deed (measures 1390.66 feet) to the intersection of said Southerly right
of way line and the West line of the Southwest Quarter of Section 4, Township 50, Range 33,
thence Southerly along said West line, 127.0 feet, deed (measures 126.48 feet) to the point of
beginning, Contains 1,933,192.80 sq. feet or 44.38 Acres more or less, Except tracts of land
being some 14.520 acres and 2.66 acres as described below:
A tract of land located in Fractional Section 9, Township 50 West, Range 33 West, Riverside,
Platte County, Missouri, being more particularly described as follows: Commencing at the
Northwest Corner of said Fractional Section 9; thence South 00 degrees 02 minutes 00 seconds
East along the West line of said Fractional Section 9, a distance of 501.37 feet; thence North 89
degrees 58 minutes 00 seconds East, a distance of 397.76 feet to the point of beginning of the
tract of land to be described; thence South 86 degrees 29 minutes 56 seconds East, a distance
of 640.78 feet; thence South 00 degrees 02 minutes 00 seconds East parallel to the West line of
said Fractional Section 9, a distance of 874.75 feeh, thence South 71 degrees 48 minutes 27
seconds West , a distance of 442.63 feet; thence on a curve to the right, tangent to the last
described course, having a radius of 468.00 feet and an arc distance of 57.18 feet; thence South
78 degrees 48 minutes 27 seconds West, a distance of 113.34 feet; thence North 11 degrees 11
minutes 33 seconds West, a distance of 8.00 feet; thence South 78 degrees 48 minutes 27
seconds West, a distance of 13.07 feet; thence North 11 degrees 11 minutes 33 seconds West, a
distance of 197.00 feet; thence North 00 degrees 02 minutes 00 seconds West parallel to the
West line of said Fractional Section 9, a distance of 890.00 feet to the point of beginning.
Contains 632,491 Square Feet or 14.52 acres more or less, and
A tract of land in the West half of the West half of Fractional Section 9, Township 50, Range
33, Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northwest corner of said Fractional Sectional 9; thence South 00 degrees
02 minutes 00 seconds East abng the West line of said Fractional Section 9, a distance of
1,591.58 feet to a point on the North line of a tract of land described in Book 786 at Page 418;
thence South 89 degrees 20 minutes 30 seconds East along said North line, a distance of 377.65
feet to the point of beginning of the tract of land to be described; thence North 78 degrees 48
minutes 27 seconds East, a distance of 72.45 feet; thence South 11 degrees 11 minutes 33
seconds East, a distance of 8.00 feet; thence North 78 degrees 48 minutes 27 seconds East, a
distance of 113.34 feet; thence along a curve to the left, tangent to the last described course,
Assured Quality Title Company
File No.: OE98996
having a radius of 468.00 feet and an arc length of 57.18 feet; thence North 71 degrees 48
minutes 27 seconds East, a distance of 722.66 feet to a point on the East line of the West half of
the West half of said Fractional Section 9; thence South 00 degrees 02 minutes 00 seconds East
along said East line, a distance of 278.97 feet to a point on the North line of said tract of land
described in Book 786 at Page 418; thence North 89 degrees 20 minutes 30 seconds West along
said North line, a distance of 925.85 feet to the point of beginning. Contains 116,072 square
feet of 2.66 acres more or less.
Assured Quality Title Company
ASSURED QUALITY TITLE COMPANY
1001 Walnut
Kansas City, Mo. 64106
(816)221-2880
DATE: 12/04/12
FILE NO: OE98996
TO: City of Riverside BORROWER:
2950 N.W. Vivion Road OWNER: City of Riverside
Riverside, MO 64150 ADDRESS:
Attn: City of Riverside Riverside, MO,
- INVOICE
Descriotion Amount
Ownership & Encumbrance Report 150.00
Charge applies regardless of cancellation
Total Amount Due $ 150.00
Paid to Date $
Balance Due $ 150.00
�
� � .
,�
For All Your Title and Escrow Needs
ASSURED QUALITY TITLE COMPANY
1001 Walnut
Kansas City, Missouri 64106
Phone No.: 816-221-2880
Facsimile No.: 816-221-2884
OWNERSHIP AND ENCUMBRANCE REPORT
1. EFFECTIVE DATE: November 19, 2012 at 08:00 AM OE98996
Z, RECORD TITLE INFORMATION: The last conveyance document of record shows as its grantee:
The City of Riverside, Missouri
3. LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT A
4. REAL ESTATE TAXES: We find the following real estate and special assessment taxes:
2011 and prior years State, County and City Taxes are paid.
2012 Annual Amount -$1,781.57, now due and payable, becoming delinquent after
December 31, 2012.
Tax ID No.:23-2.0-04-300-006-001-000
5. ENCUMBRANCES: We find the following encumbrances of record affecting these premises:
a. Attention is directed to the fact that the records show no means of ingress and egress to and
from the premises in question, and this RepoR should not be construed as insuring any right
of access to and from said premises.
6. JUDGMENTS: We find the followingjudgments filed against the last grantee:
a. None
Date: December 4, 2012
The above infortnation was compiled from public records. It is expressly unders[ood that this is not a Title Insurance Policy and
should not be relied upon as such.The liabiliry provided by this Ownership and Encumbrance Report is limited to $ 1,000.00.
By:
Au[honzed Signatory
File No.: OE98996
ASSURED QUALITY TITLE COMPANY
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include:
•[nformation we receive from you on applications, forms and in other wmmunications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Informa[ion we receive from a consumer reporting agency.
Use of Information
We request infortna[ion from you for our own legitimate business purposes and not for the benefit of any nonaffiliated
party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the
product or service you have reques[ed of us; or (2) as permitted by law. We may, however, store such information
indefinitely, including the period after which any customer rela[ionship has ceased. Such information may be used for an
intemal purpose, such as quality control efforts or customer anatysis. We may also provide all of the types of nonpublic
personal infortnation lis[ed above [o one or more of our affiliated companies. Furthermore, we may also provide aIl the
information we collect, as described, to companies that perform marketing services on our behalf or on behalf of our
affiliated companies.
Former Customers
Even if you aze no longer our customer, our Privacy will continue to appty to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict
access [o nonpublic personal infortnation about you to those individuals and entities who need to know that information to
provide produc[s or services to you. We will use our best efforts to train and oversee our employees and agent to ensure
that your information will be handled responsibly and in accordance with the Privacy Policy. We curren[ly maintain
physical, electroniq and procedural safeguards that comply wi[h federal regulations to guard your nonpublic personal
information.
Assured Quality Title Company